(A) The poles used for a distribution system shall be those erected and maintained by the town, the power company or the telephone company, or either, whenever agreement can be reached with the owners of the poles. Whenever agreement cannot be reached with the owners of the poles, then the matter may be submitted for arbitration pursuant to state statutes. Any poles, wires, cables, conduits or other properties to be realigned or reset to permit their use for purposes of the grantee under an agreement with the owner thereof shall be constructed or installed only at those locations and depths and in such a manner as shall be approved by the owner and the Town Administrator. They shall be located so as to cause minimum interference with the proper use of streets and to cause minimum interferences with the rights or reasonable convenience of the general public and of property owners who adjoin the streets.
(B) The installation of the facilities, including service drops to subscribers, shall be made underground in areas where facilities of both the telephone company or the power company are underground or hereafter may be placed underground. In addition to the foregoing, the installation of the facilities shall be made underground when required by the town ordinances or policies.
(C) The grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or any public place any property of the grantee when required by the town by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines or any other type of structure or improvements by the town, and the town shall not be liable for any disturbance of the grantee's installations resulting therefrom. The grantee shall carry out the instructions and directions of the Town Administrator whenever it is necessary to raise or remove any of the grantee's wires or cables temporarily, for the purpose of moving or removing buildings or structures on the public streets of the town, and shall perform such tree-trimming or other maintenance work as shall be required or as shall be directed by the Town Administrator, all at the grantee's expense.
(D) Whenever a grantee takes up or disturbs any pavement, sidewalk or other improvement of any street, the same shall be replaced and the surface restored in as good condition as before entry in accordance with ordinances, regulations, technical standards and fee schedules of the town as administered by the Town Administrator. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which shall be clearly designated by warning lights of approved types.
(1995 Code, § 16-7)