(A) Rights nonexclusive. A franchise granted pursuant to this chapter shall confer upon the grantee named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above and across the streets, avenues, highways, sidewalks, bridges and other public ways, easements and rights-of-way, as existing as of the date of the grant of said franchise and all subsequent extensions thereof and additions thereto, in and belonging to the Township of Williamstown, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes and other television and/or radio conductors, equipment and fixtures for the installation, construction, maintenance and operation of a cable communications system (including audio, video and radio signals) or the furnishing of a cable communications service.
(B) Description of facilities; map. Prior to the erection or installation of any towers, poles, guys, anchors, underground conduits, manholes or fixtures for use in connection with the installation, construction, maintenance or operation of a cable communications system under a franchise granted pursuant to this chapter, the grantee of a franchise hereunder desiring to erect or install the facilities for use in connection with its cable communications system shall first submit to the Township Engineer of the Township of Williamstown for his or her review and approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if requested or required, together with a map indicating the proposed location of the facilities. No erection or installation of any tower, pole, guy, anchor, underground conduit, manhole or fixture for use in a cable communications system shall be commenced by any person until approval therefor has been received from the Township Engineer; provided, further, that, the approval shall not be unreasonably withheld.
(C) Attachment space for township. Any person accepting a franchise pursuant to this chapter and erecting or installing towers or poles shall, upon written request by the Township of Williamstown, grant the Township of Williamstown reasonable attachment space or spaces upon the towers or poles without a rental charge for the attachment of wire or cable owned and used by the Township of Williamstown; provided, however, that, the Township of Williamstown shall pay any costs incurred by the person in providing attachment space or spaces to the township, including all necessary costs of rearrangement of the person's wires, cables or equipment and tower or pole replacement cost for a larger tower or pole, if required.
(D) Purchase, removal of system. Upon the expiration, termination or revocation of any franchise granted pursuant to this chapter, or should any person wish otherwise to dispose of any tower or pole erected or installed for use in connection with a cable communications system or any portion of the system, the Township of Williamstown retains the first right and option to purchase in place the towers or poles as it may require or the portion of the system for the fair market value thereof. The township shall be under no obligation to purchase all or any part of the system upon expiration, termination or revocation for cause of any franchise granted pursuant to this chapter. Further, upon the expiration, termination or revocation for cause of any franchise granted pursuant to this chapter, should the township determine that it does not desire to purchase the system or any part thereof, the franchisee shall have a period of six months from the date of expiration, termination or revocation to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public rights-of-way or public places. Provided, however, that, franchisee shall not disturb any underground conduit, manholes or other facilities constructed underground. At the expiration of the six- month period, any property not removed by franchisee shall become the property of the Township of Williamstown to do with as it may choose. Any cost to the Township of Williamstown in removing the property from the streets, alleys, public rights-of-way or public places shall be claimed against franchisee under the performance bond required under § 110.12.
(E) Underground facilities. In areas or portions of the Township of Williamstown where transmission or distribution facilities of public utilities providing telephone service and electric service are underground, or may be placed underground when installed, any person granted a franchise pursuant to this chapter shall likewise install, construct, maintain and operate its transmission and distribution facilities in like manner underground to the maximum extent feasible and permitted by existing technology and conditions, subject to the approval of the Williamstown Township Engineer as hereinbefore provided in division (B) above.
(F) Compliance with applicable regulations. All construction, installation, maintenance and operation of any cable communications system or of any communications service or of any facilities employed in connection therewith shall be in compliance with the provisions of the National Electrical Safety Code as prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the Bell Telephone System's Code of Pole Line Construction, any standards issued by the Federal Communications Commission or other federal or state regulatory agencies in relation thereto, and applicable regulations of public utilities operating in the Township of Williamstown. Every cable communications system or service installed, constructed, maintained or operated in the Township of Williamstown shall be so designed, constructed, installed, maintained and operated as not to endanger or interfere with the safety of persons or property in the Township of Williamstown.
(G) Street openings; protection, repair. Any opening or obstruction in, disturbance of or damage to the streets, alleys, public rights-of-way or public places by any person in the exercise of any right granted pursuant to this chapter shall be properly guarded by adequate barriers, lights, signals and warnings as to prevent danger to any person or vehicle using such streets, alleys, public rights-of-way or public places and shall be properly and promptly repaired, all in a manner specified and approved by the Township Engineer, at such person's expense.
(H) Relocation, removal of property.
(1) Any person owning or maintaining a cable communications system or service or facilities therefor in or on the streets, alleys, public rights-of-way or public places in the Township of Williamstown shall, at its expense and without reimbursement from the township, upon request of the Township of Williamstown, protect, support, temporarily disconnect, relocate or remove from the street, alley, public right-of-way or public place, any property of the person when required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, the construction or change of the transmission or distribution facilities of any telephone or electric public utility or other public improvements.
(2) Any such person shall also, at the request of any private party holding an appropriate permit issued by the Township of Williamstown, temporarily raise or lower its cable communications transmission or distribution wires or cables to permit the moving of any building or other structure; provided that, the actual expense of the temporary raising or lowering shall be paid in full by party requesting the same.
(I) Failure to complete work. If any person shall fail to commence, pursue or complete any work required by law or by the provisions of this chapter, as hereinbefore set forth, to be done in any street, alley, public right-of-way or public place as designated by the Engineer of the Township of Williamstown, the Township Engineer may cause the work to be done and the person shall pay to the Township of Williamstown the cost thereof within 30 days of the receipt of an itemized statement of the cost.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)