(a) Authority. The Village expressly reserves, and the permittee expressly recognizes, the Village's right and duty to adopt, from time to time, in addition to the provisions herein contained, such Charter provisions, resolutions, ordinances and rules and regulations as may be deemed necessary by the Village in the lawful exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties. The Charter and these Codified Ordinances, as the same may be amended from time to time, are expressly incorporated, as if fully set out herein, by this reference. The permittee shall comply with all Charter provisions, resolutions, ordinances, rules and regulations of the Village and shall obtain all required permits. All permittees who are also franchisees under a cable television franchise granted by the Village shall further comply with all requirements contained in the cable franchise agreement and the master cable television regulatory ordinance. Any failure of the permittee to comply with the requirements of the Village described herein shall constitute an evasion of obligations under this chapter, and shall be prohibited. The Village reserves the right to delegate any of its right or obligations under this chapter, without the consent of the permittee, to any person, organization or official.
(b) Coordination and Environmental Impact. Except for emergencies, the Village may require that all construction and installations be coordinated with the Village's street improvement programs. In addition, the permittee shall assess and report on the impact of its proposed construction on the Village environment. Such reports may be reviewed by the Village to ensure, inter alia, (i) that all applicable laws, including building and zoning codes and air and water pollution regulations, are complied with; (ii) that aesthetic and good planning principles have been given due consideration; and (iii) that adverse impact on the environment has been minimized. The permittee shall incorporate reasonable changes requested by the Village.
(c) Construction and Restoration. All streets, public property, and lawfully installed improvements therein which are disturbed by the permittee's activity shall be restored to the Village's satisfaction in the time frame prescribed by the Village, or if not prescribed by the Village, as soon as possible, but in no circumstances more than thirty days from the date of completion of construction, by the permittee, at its expense, to, at a minimum, the condition which existed prior to construction, to the Village's satisfaction. In the event replacement and restoration of the area is not completed within thirty days or as soon as reasonably possible, the Village may, upon written notice to the permittee, complete any necessary work at the sole expense of the permittee.
(d) Undergrounding. Except where noted in the Exhibits attached to original Ordinance 98-10-11, passed October 14, 1998, and specifically authorized by the Village prior to construction, all of the permittee's facilities shall be installed underground and all installation of street crossings shall be made by boring. The permittee shall make no open cuts without specific prior written permission of the Village Engineer or his or her designee. Additionally, any facilities not installed underground must be expressly authorized beforehand by the Village in writing, and so located that any interference with the other uses of the streets and other public properties, and any interference with the rights and reasonable convenience of property owners whose property adjoins any of the streets and other public properties, are minimal. No underground installation shall be made in any public right-of-way without having first obtained a street cut or other permit from the Village and complying with the Village's bonding requirements.
(e) Alternative Burial Standards. In cases where the burial standards of Section 1478.05(x) do not apply, the minimum burial depth for the permittee's underground facilities shall be two feet, or such other depth as approved by the Village, with warning tape buried above all fiber optic cable, conduit or lines to reduce the potential for accidental breakage and to minimize actions under the hold harmless provisions of Section 1478.08(a).
(Ord. 98-10-11. Passed 10-14-98.)