(a) Location of Facilities. All Facilities shall be Constructed, Reconstructed, installed and located in accordance with the following terms and conditions:
(1) Overhead Facilities. 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. Except for Overhead Facilities as provided herein, no Facilities shall be located above ground in a Right-of-Way without the express written permission of the Director of Public Service.
(2) Underground Facilities. Whenever the existing electric, cable, telecommunications and other similar Facilities are located underground in a Right-of-Way, a Service Provider with permission to Occupy the same Right-of-Way with the electric, cable, telecommunications or other similar Facilities, must also locate its Facilities underground. Facilities shall be installed within an existing compatible underground duct or conduit whenever Excess Capacity exists within such Facility.
(b) Relocation or Removal of Facilities. Within thirty (30) days following written notice from the Village, a Service Provider shall, at its expense, temporarily or permanently remove, relocate, change or alter the position of any Facilities in the Right-of-Way whenever the Village determines that such removal, relocation, change or alteration is reasonably necessary for:
(1) The Construction, Reconstruction, maintenance or installation of any Village or other public improvement in or upon the Right-of-Way.
(2) The operations of the Village or other governmental entity in or upon the 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.
(c) 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 Village's Right-of-Way shall, at its own expense, remove those Facilities or appurtenances from the Right-of-Way or shall, at the Village's option, 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 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 Right-of-Way;
(2) If the System or Facility was Constructed, Reconstructed, operated or maintained without the consent to do so, except as otherwise provided by this Chapter;
(3) Upon abandonment of a Facility in the Right-of-Way of the Village, with the exception of underground facilities abandoned in a manner authorized and approved by the Director of Public Service;
(4) If the System or Facility was Constructed or Reconstructed, or any Excavation of a 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, operated or maintained, or any Excavation of a Right-of-Way was performed, at a location not permitted pursuant to the Village's consent for the Provider to Occupy or Use the Right-of-Way or Construction Permit; or
(6) If the Service Provider fails to comply with, or cure a violation of, a material requirement of this Chapter.
(d) 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, or Excavation, located in the Right-of-Way, as the Director of Public Service may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare. (Ord. 65-2017. Passed 11-6-19.)