The Township may grant one or more franchises and each such franchise
shall be awarded in accordance with and subject to the provisions of this
chapter. This chapter may be amended, from time to time, and in no event shall
this chapter be considered a contract between the Township and a franchisee
such that the Township would be prohibited from amending any provision hereof.
No such amendment shall be applied retroactively to materially impair preexisting
contractual agreements entered into between the Township and a franchisee.
No person may construct or operate a broadband system over, on or under
public streets in the Township without a franchise granted by the Township
unless otherwise authorized by law and no person may be granted a franchise
without having entered into a franchise agreement with the Township pursuant
to this chapter.
After the effective date of this chapter, any person who occupies Township
streets or public rights-of-way for the purpose of operating or constructing
a broadband system and who does not hold a valid franchise from the Township
shall be subject to all provisions of this chapter including, but not limited
to, its provisions regarding construction and technical standards and franchise
fees. In its discretion, the Township at any time may require such person
to enter into a franchise agreement within 30 days of receipt of a written
notice by the Township that a franchise agreement is required and/or require
such person to remove its property and restore the area to a condition satisfactory
to the Township within such time period and/or remove the property itself
and restore the area to a satisfactory condition and charge the person the
costs therefor. In no event shall a franchise be created unless it is issued
by action of the Township and subject to a franchise agreement.
Nothing in this chapter or the franchise shall limit any right the Township
may have to acquire by eminent domain or otherwise any property of franchisee.