All telecommunications and/or public utility facilities shall be constructed, installed, modified, expanded, or located in accordance with the following terms and conditions, unless otherwise specified in the rights-of-way access permits. Construction may not commence until approval of the final engineering plans by the town.
(1) An owner of telecommunications and/or public utility facilities is subject to the police powers of the town.
(2) The town has first priority over all uses of the public rights-of-way. The town reserves the right to install facilities as necessary.
(3) No owner of telecommunications and/or public utility facilities may locate or maintain its facilities so as to unreasonably interfere with the use of the public rights-of-way by the town, general public or other persons authorized to use or be present in the public rights-of-way. Within seven working days following written notice from the town, a permittee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facility within the public rights-of-way whenever the town determines that such removal, relocation, change or alteration is reasonably necessary for:
(A) The construction, repair, maintenance or installation of any town or other public improvement in or upon the public rights-of-way; or
(B) The operations of the town or other governmental entity in or upon the public rights-of-way.
(4) Within seven days notice from the town, any permittee that owns, controls or maintains any unauthorized telecommunications and/or public utility facilities within the public rights-of-way shall, at its own expense, remove such facilities from the public rights-of-way. Telecommunications and/or public utility facilities are unauthorized and subject to removal:
(A) Upon expiration or termination of the rights-of-way access permit;
(B) Upon abandonment of the telecommunications and/or public utility facilities; or
(C) If the facilities were constructed or installed in a location prohibited by the town.
(5) No permittee shall take any action which may impair or damage any town property or any other property located in, on or adjacent to the public rights-of-way.
(6) No permittee shall commence any non-emergency work or repairs in or about the public rights-of-way without seven working days notice to the person designated to receive rights-of-way access permit applications.
(7) In the event of unexpected repairs or an emergency, a permittee may begin the repair or emergency
response work as required under the circumstances provided the permittee notifies the town within seven working days if advance notice is not possible. The town must inspect and approve all emergency repair work within seven working days.
(8) Each permittee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state, and local requirements.
(9) The town retains the right to cut or move any telecommunications and/or public utility facilities located within the public rights-of-way as may be determined necessary or appropriate in response to any public health or safety emergency.
(10) The town shall not be liable for any damage to or loss of any telecommunications and/or public utility facilities within the public rights-of-way of the town in connection with any public works, improvement, construction, excavation, grading, filling, or work of any kind in the public rights-of-way by or on behalf of the town.
(11) Within ten days after completion of construction, a permittee shall provide the town with complete as-built engineering plans, maps and records showing the telecommunications and/or public utility facilities that belong to the permittee located within the public rights-of-way.
(12) If a permittee fails, refuses, or neglects to comply with the provisions of this section, the town, after giving reasonable notice to the permittee, may complete or have completed any unfinished construction to the satisfaction of the town. The town shall submit to such permittee an itemized statement of the cost for completing construction, repairs, or restoration of the public rights-of-way. A permittee shall, within seven days after receipt of the statement, pay the entire amount to the town.
(13) A permittee shall coordinate, with the person designated to receive rights-of-way access permits, all construction, installation, repairs, and maintenance of its telecommunications and/or public utility facilities located in the public rights-of-way. It is the purpose of such coordination to conduct all work in the public rights-of-way in conjunction with, or as near as practicable, all other work being performed in the public rights-of-way including maintenance, repairs, and resurfacing of the public rights-of-way by the town. (Ord. 949 § 1(part), 2001).