As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
Any person who applies for a franchise pursuant to this chapter.
CABLE SERVICES
Cable services as currently defined in 47 U.S.C. § 522,
and as may be further amended from time to time. In the event that
"cable services" is no longer defined in federal law or the definition
becomes inapplicable, "cable services" shall mean cable services as
defined in federal law immediately prior to the change that repeals
the definition or renders it inapplicable.
INFRASTRUCTURE
Wires, electrical or optical cables, conductors, amplifiers,
antennas, waveguides, electronic devices, poles. conduits, subways,
manholes, junction boxes, terminal blocks, fixtures and any other
parts of a system which is used to provide telecommunications.
PUBLIC RIGHTS-OF-WAY or RIGHTS-OF-WAY
The surface of, as well as the spaces above and below, any
and all streets, alleyways, avenues, highways, boulevards, driveways,
bridges, tunnels, parks, parkways, public grounds or waters, and any
other public property or place belonging to the Town or any special
districts of the Town.
TELECOMMUNICATIONS
All electrical or optical transmissions, between or among
points specified by the user, of information of the user's choosing,
without a change in content as sent and received.
TELECOMMUNICATIONS PROVIDER
Any person who owns, leases, installs, constructs, operates
or maintains within the public rights-of-way infrastructure or other
items that are used to provide telecommunications services, contain
or house other infrastructure that is used to provide telecommunications
services, or otherwise support the provision of telecommunications
services by other persons.
TELECOMMUNICATIONS SERVICES
Any provision of telecommunications using infrastructure,
as defined in this chapter. Telecommunications services shall not
include cable services as defined in 47 U.S.C § 522 and
open video systems pursuant to 47 U.S.C. § 573.
TRENCHLESS TECHNOLOGY
The use of directional boring, horizontal drilling and/or
microtunneling, and other techniques intended to minimize the amount
of disruption and damage to the public rights-of-way and utilities
and equipment buried therein.
The minimum general procedural steps that the
telecommunications franchise applicant and the Town shall follow are:
A. The applicant shall submit a telecommunications right-of-way
use application to the Town Engineer. The application shall contain,
at minimum, the following information:
(1) The name, business address and telephone number of
the applicant and the person whom the Town may contact concerning
the application.
(2) A complete description of the specifically identified
rights-of-way and/or portions thereof that the applicant proposes
to use.
(3) A proposed construction schedule and sequence.
(4) Plans and profiles showing the proposed location of
the infrastructure to be laid within the subsurface rights-of-way
and all existing utilities, cables, conduits and telecommunications
infrastructure within those rights-of-way. All existing underground
utilities, cables, conduits and telecommunications infrastructure
shall be located using Underground Facilities Protective Organization
(UFPO) or its successors. If the construction is to be carried out
in phases, this provision shall apply to each phase. All maps submitted
must be in a format and scale that is acceptable to the Town Engineer.
(5) Proof of insurance protecting both the applicant and the Town as described in §
100-7 of this chapter.
B. The applicant may identify submitted information such
as trade secrets or technical information as confidential under the
New York State Freedom of Information Law. Any information for which
the applicant claims confidentiality shall be clearly marked "Confidential"
by the applicant prior to submission. To the extent authorized by
the Freedom of Information Law and other applicable state and federal
laws, the Town shall maintain the confidentiality of the information
so marked.
C. The application shall be accompanied by a nonrefundable
application fee of $500. Additionally, at the time of application
the applicant shall remit to the Town Building Department a deposit
of $2,500 cash or cashier's check which shall be returned to the applicant
upon the submission of final maps and/or engineering drawings showing
the locations of its as-built telecommunications infrastructure within
the public rights-of-way. In the case of rejection of the application
or denial of a franchise, this deposit will be returned to the applicant.
The purpose of this deposit is to encourage the timely submission
of as-built drawings upon project completion.
D. After the above items have been provided, the Building
Department may circulate them to other affected Town boards, committees
or departments for preliminary comments. These comments shall be forwarded
to and addressed by the applicant prior to Building Department approval.
E. The Town Engineer shall have discretion to require
the applicant to modify its right-of-way use proposal prior to its
approval. Such modifications may include changes in placement, construction
methods, denial of use of particular subsurface rights-of-way listed
in the applicant's proposal, and/or any other modifications that the
Town Engineer deems necessary in order to practice proper management
and protection of the public rights-of-way.
F. The Town Engineer may reject any application which
is incomplete or otherwise fails to comply with applicable laws, ordinances,
resolutions, rules, regulations or other directives of the Town and
any federal, state or local authority having jurisdiction.
G. After the Town Engineer has completed his or her review and is satisfied that the application complies with the Town's specifications, the Town Engineer shall forward the application to the Town Clerk. The Town Clerk shall make one copy (omitting any confidential information as described in Subsection
B above) available for public inspection during regular Town Hall business hours and shall forward the remaining copies to the Town Board members.
The Town may require the inspection, at reasonable
times and upon reasonable notice, of the franchisee's work in the
public rights-of-way during installation and construction and also
upon completion of the work. The cost of this inspection shall be
borne by the franchisee.
In the event that the franchisee must make emergency
repairs to its subsurface infrastructure, the franchisee shall obtain
a highway permit before commencing repairs. If the repairs must be
commenced outside of the Town's regular business hours, the franchisee
may commence work without a permit but shall obtain a highway permit
by noon of the next Town business day.
If any section, subsection, sentence, clause,
phrase or other portion of this chapter is, for any reason, declared
invalid in whole or in part by any court, agency, commission, legislative
body or other authority of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent portion. Such declaration
shall not affect the validity of the remaining portions of this chapter,
and these remaining portions shall continue in full force and effect.