(a) Location of Facilities. All facilities shall be constructed, reconstructed, installed and located in accordance with the following terms and conditions:
(1) Facilities shall be installed within an existing compatible underground duct or conduit whenever excess capacity of the Village exists within such facility.
(2) A Service Provider with permission to install overhead facilities shall install its facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
(3) Whenever the existing electric, cable, telecommunications and other similar facilities are located underground in a Public Right-of-Way, a Service Provider with permission to occupy the same Public Right-of-Way with the electric, cable, telecommunications or other similar facilities, must also locate its facilities underground.
(4) Except for overhead facilities as provided herein, no facilities shall be located above ground in a Public Right-of-Way without the express written permission of the Village Mayor.
(5) The Village reserves the right to require a Service Provider to provide excess capacity in the Village in the Public Right-of-Way at the time of construction, reconstruction, installation, location or relocation of facilities.
(b) Excess Capacity Required in the Village. To reduce excavation in the Public Right- of-Way, it is the Village’s goal to encourage Service Providers to share occupancy of underground conduit as well as to construct, whenever possible, excess conduit capacity in the Village for occupancy of future facilities in the Public Right-of-Way. Therefore, if a Service Provider is constructing underground conduit in the Public Right-of-Way for its own facilities, and the Village reasonably determines such construction is in an area in which other Service Providers would likely construct facilities in the future, the Village may require the Service Provider to construct the conduit in the Public Right-of-Way with excess capacity in the Village in the Public Right-of- Way, provided the Service Provider shall be reimbursed for the use of the excess capacity of the Village by another Service Provider. The Service Provider may charge a reasonable market lease rate for occupancy of the additional conduit space as reimbursement.
(c) Village Owned Conduit. If the Village owns or leases conduit in the path of a Service Provider’s proposed facilities, and provided it is technologically feasible for the Service Provider’s facilities to occupy the conduit owned or leased by the Village, the Service Provider shall be required to occupy the conduit owned or leased by the Village in order to reduce the necessity to excavate the Public Right-of-Way. The Service Provider shall pay to the Village a fee for such occupancy which shall be the cost the Service Provider would have expended to construct its own conduit, as certified by the Service Provider’s engineer and approved by the Village Engineer. The Village and the Service Provider may agree to amortize the fee through annual payments to the Village.
(d) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the Village, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facilities in the Public Right-of-Way whenever the Village shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) The construction, reconstruction, repair, maintenance or installation of any Village or other public improvement in or upon the Public Right-of-Way.
(2) The operations of the Village or other governmental entity in or upon the Public Right-of-Way.
Notwithstanding the above, no Service Provider shall be required to bear the expense of removal, relocation, change or alteration of position of any facilities if such requirement would be prohibited by law.
(e) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the Village, any Service Provider or other person that owns, controls or maintains any unauthorized system, facility or related appurtenances in the Public Right-of-Way shall, at its own expense, remove those facilities or appurtenances from the Public Right-of-Way of the Village or shall arrange to sell the system, facilities or appurtenances to the Village. After the thirty (30) days have expired, the Village may remove the facilities or appurtenances from the Public Right- of-Way at the other party’s expense. A system or facility is unauthorized and subject to removal in the following circumstances:
(1) Upon revocation of the Service Provider’s consent to occupy or use the Public Right-of-Way;
(2) If the system or facility was constructed, reconstructed, installed, operated, located or maintained without the consent to do so, except as otherwise provided by this chapter;
(3) Upon abandonment of a facility in the Public Right-of-Way of the Village, with the exception of underground facilities abandoned in a manner authorized and approved by the Village;
(4) If the system or facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a Public Right-of-Way was performed, without prior issuance of a required construction permit, except as otherwise provided by this chapter;
(5) If the system or facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a Public Right-of-Way was performed, at a location not permitted pursuant to the Village’s consent to occupy or use the Public Right-of-Way or construction permit;
(6) If the Service Provider fails to comply with the registration requirements of Section 941.03 of this chapter.
(f) Emergency Removal or Relocation of Facilities. The Village retains the right and privilege to cut or move any facilities, or stop work on any construction, reconstruction, installation, operation or excavation, located in the Public Right-of-Way of the Village, as the Village may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare; except to the extent that the Village’s actions would cause a dangerous or potentially dangerous situation.
(Ord. O-07-019. Passed 6-20-07.)