A.
All construction, operation, maintenance and repair
of the cable system shall be in accordance with all applicable sections
of the Occupational Safety and Health Act of 1970, as amended, as
well as all state and local codes where applicable.
B.
All installation of electronic equipment and appurtenant
facilities shall be of a permanent nature, durable and installed in
accordance with the provisions of the National Electric Safety Code
and the National Electrical Code, as amended, the FCC, the Standard
of Good Engineering Practices for Measurement of Cable Television
Systems of the National Cable Association, other applicable federal,
state or local laws, codes and regulations, as the same may be from
time to time amended or adopted.
C.
Antennas and their supporting structures (tower) shall
be painted, lighted, erected and maintained in accordance with all
applicable rules and regulations of the Federal Aviation Administration
and all other applicable state or township laws, ordinances, codes
and regulations, as the same may be from time to time amended or adopted.
D.
The franchisee's plant and equipment, including, but
not limited to, antenna sites, distribution system, towers, house
connections, structures, poles, wire, cable, coax cable, fiber optic
cable, fixtures and apparatuses shall be installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained
and operated in accordance with good and accepted engineering practices,
performed by experienced maintenance and construction personnel, so
as not to endanger or interfere with any improvement(s) the township
shall deem appropriate to make to its streets and rights-of-way, or
to hinder or obstruct pedestrian or vehicular traffic, or to interfere
in any manner with the rights of any property owner.
E.
The franchisee shall at all times employ ordinary
care and shall install and maintain in use commonly accepted methods
and devices preventing failures and accidents which are likely to
cause damage, injury or nuisance to the public.
F.
All transmission and distribution structures, poles,
wires, lines and equipment erected by the franchisee within the township
shall be so located as not to interfere with streets, legal rights-of-way
or legal rights of any individual property owner. The township shall
retain sole power and authority over the streets dedicated to or owned
by it in connection with the location of any cable system facilities
therein or thereon, including the right of oversight and the right
to dictate the manner and/or location in which cable system facilities
shall be installed.
G.
In the case of disturbance of any street or paved
area, the franchisee shall secure a street opening permit from the
township prior to any such disturbance, and shall, at its own cost
and expense, in any manner approved by the township or state, as applicable,
replace, repair and restore such street or pavement area in accordance
with township or state specifications, as applicable.
A.
The franchisee shall strictly adhere to all building,
highway and zoning codes currently or hereafter applicable to construction,
operation or maintenance of the cable system in the township.
B.
The township shall have the right to inspect all construction
or installation work performed pursuant to the provisions of a franchise
and to make such tests as it shall find necessary to ensure compliance
with the terms of any such franchise and the applicable provisions
of local, state and federal law.
If, at any time, during the period of a franchise,
the township shall lawfully construct, reconstruct or relocate any
street or right-of-way, or alter or change the grade of any street,
or repair, modify or relocate any sanitary or storm sewers, water
lines or other public facilities, the franchisee, upon reasonable
notice by the township (not exceeding such time as determined by the
then existing circumstances) shall remove, relay, abandon or relocate
its poles, wires, cables, underground conduits, manholes and other
fixtures at its own expense.
The franchisee shall not erect, for any reason,
any pole on or along any street in an existing aerial utility system
without advance written notice to and approval of the township. The
franchisee shall exercise its best efforts to negotiate the lease
of pole space and facilities from existing pole owners for all aerial
construction.
Cable shall be installed underground at the
franchisee's expense where both the existing telephone and electrical
utilities are underground. The franchisee shall place cable underground
in newly platted streets in concert with both the telephone and electric
utilities. In the event the telephone or electric utilities are reimbursed
by the township or any state or federal agency for the placement of
cable underground or the movement of cable, the franchisee shall be
reimbursed upon the same terms and conditions as the telephone or
electric utilities are reimbursed.
A.
Construction upgrades or new construction of streets,
utilities and other public facilities, when done by the township,
shall be undertaken and completed to the extent feasible, in such
a manner as to not obstruct, injure or prevent the free use and operation
by the franchisee of the poles, wires, conduits, conductors, pipes
or apparatus forming a part of its cable system.
B.
If any of the franchisee's properties interfere with
the construction, reconstruction, relocation, maintenance or repair
of any streets, rights-of-way or other township public improvements,
whether it be the construction, repair, maintenance, removal or relocation
of a sewer, public sidewalk, or water main, street or any other improvement
(the "project"), the township shall give 30 days' prior written notice
to the franchisee, and all such poles, wires, conduits and other appliances
and facilities shall be secured, removed or replaced by the franchisee,
at its sole cost and expense, in such manner as shall be directed
by the township and shall not interfere with the township's project.
Should, however, any utility company be reimbursed for relocation
of its facilities as part of the same project, the franchisee shall
be reimbursed by the township upon the same terms and conditions as
the utilities.
The franchisee shall have the authority, at
its sole cost and expense, to trim overhanging limbs and branches
of trees coming in contact with the franchisee's wires and cables
located within the right-of-way of a township street, after providing
reasonable notice of not less than 30 days to both the affected property
owners and the township. No tree shall be removed without the permission
of the township.
In the event that it is necessary to temporarily
move or remove any of the franchisee's wires, cables, poles or other
facilities in order to accommodate the movement of a large object,
vehicle, building or other structure over the township's streets and
rights-of-way, such removal shall be at the expense of the person,
other than the township, requesting the temporary removal of such
of these facilities. All such work shall be performed by the franchisee
or under its direction and control. The franchisee may first require
the deposit with it by the person, other than the township, requesting
such temporary removal of sufficient security to cover the costs of
such removal and replacement. At least 15 days' prior written notice
shall be given by the township to the franchisee of any such requested
temporary removal. The service disruption provisions of this ordinance
shall not apply to any such temporary service disruptions occasioned
thereby, unless the franchisee fails and refuses to restore service
within a commercially acceptable period of time.
