§ 93-27. Use of streets.

A. 

All installations shall be underground in those areas of the Township where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that at such time as both those facilities are required to be placed underground by the Township or are placed underground, the grantee shall likewise place its services underground. Where not otherwise required to be placed underground by this chapter or the franchise agreement, the grantee's system shall be located underground at the request of a property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the public way shall be installed in accordance with all state and local laws and ordinances.

B. 

Prior to construction or alteration in any public way, however, the grantee shall in each case file plans with the appropriate Township agencies and obtain all necessary construction permits and authorizations before proceeding.

C. 

Interference with persons, improvements, public and private property and utilities. The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:

(1) 

Not endanger or interfere with the health, safety or lives of persons.

(2) 

Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair.

(3) 

Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction repair.

(4) 

Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the Township.

D. 

Restoration to prior condition. In case of any disturbance of pavement, sidewalk, property or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the Township, replace and restore all paving, sidewalk, landscaping or surfacing of any property or public way disturbed in as good a condition as or better than before said work was commenced and in a good, workmanlike, timely manner, in accordance with standards for such work set by the Township. Such restoration shall be undertaken within no more than 10 business days after the damage is incurred and shall be completed within 30 business days unless otherwise authorized by the Township.

E. 

Relocation of the facilities. In the event that at any time during the period of the franchise the Township, county or state shall lawfully elect to alter or change the grade of any streets, alley or other public ways, or make repairs or improvements to any infrastructure, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense and with all due deliberate speed.

F. 

Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the Township, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given reasonable advance notice to arrange for such temporary wire changes.

G. 

Tree trimming. The grantee shall have the authority, except when in conflict with existing Township ordinances, to trim any trees upon or overhanging the public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the Township, such trimming as may be required by the grantee may be done by the Township, or under its supervision and direction, at the expense of the grantee. The grantee shall notify the Township prior to trimming any trees in the right of way.

H. 

Easements. All necessary easements over and under private property shall be arranged for by the grantee.