Township of West Whiteland, PA Article VII Construction Provisions

§ 123-28 System construction schedule.

The franchisee shall specify the construction schedule.

§ 123-29 Construction standards.

A. The construction, operation, maintenance and repair of the broadband system shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, as amended, the National Electrical Safety Code, the National Electric Code, FCC, the Standards of Good Engineering Practices for Measurement of Cable Television Systems of the National Cable Television Association, other applicable federal, state or local laws and regulations that may apply to the operation, construction, maintenance or repair of a broadband system including, without limitation, local zoning and construction codes and laws and accepted industry practices all as hereafter may be amended or adopted.

B. All installation of electronic equipment shall be of a permanent nature, using durable components.

C. Without limiting the foregoing, antennas and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, West Whiteland Township ordinances and all other applicable state or local laws, codes and regulations, all as hereafter may be amended or adopted.

D. Without limiting the foregoing, all the franchisee's plant and equipment including, but not limited to, the antennas' site, headend and distribution system, towers, house connections, structures, poles, wires, cable, coaxial cable, fiber optic cable, fixtures and apparatuses shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to endanger or interfere with improvements the Township shall deem appropriate to make or to interfere in any manner with the rights-of-way or legal rights of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.

E. 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. Any and all streets, public property or private property which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or construction of the broadband system shall be promptly repaired by franchisee at its expense and in strict compliance with all applicable Township standards.

G. A franchisee shall, at its expense, and by a time specified by the Township, protect, support, temporarily disconnect, relocate or remove any of its property when required by the Township by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of Township, public utility improvements, street vacation or for any other purpose where the convenience of the Township would be served thereby; provided, however, that the franchisee shall, in all such cases, have the privilege of abandoning any property in place.

H. If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of another person that is authorized to use the public streets, a franchisee shall, after 30 days' advance written notice, take action to effect the necessary changes requested by the responsible entity. The Township may resolve disputes as to responsibility for costs associated with the removal, relaying or relocation of facilities among those authorized to install facilities in the public streets if the parties are unable to do so themselves.

I. In the event of an emergency or where a broadband system creates or is contributing to an imminent danger to health, safety or property, the Township may remove, relay or relocate that broadband system subject to such prior notice to the franchisee as may be reasonable under the circumstances giving rise to the emergency or danger involved.

J. A franchisee shall, on the request of any person holding a building moving permit issued by the Township, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same and the franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the Township, in which case no such payment shall be required. The franchisee shall be given not less than 10 days' advance notice to arrange for such temporary wire changes.

K. A franchisee shall have the authority to trim trees that overhang a street or public right-of-way of the Township so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee; provided that the franchisee provides reasonable prior notice to the Township and complies with Township requirements. The Township shall have the right to supervise such trimming.

L. A franchisee shall use, with the owner's permission, existing underground conduits or overhead utility facilities whenever feasible and may not erect poles in public rights-of-way without the express permission of the Township. Except as otherwise provided in this section, franchisee shall erect its facilities on existing power and telephone poles pursuant to pole attachment agreements to be entered into between franchisee and the utility companies having ownership of or otherwise having jurisdiction over such existing power and telephone poles. Copies of agreements for use of conduits or other facilities shall be filed with the Township as required by the franchise agreement or upon Township request. No new poles shall be set by franchisee except where no poles exist or use of an existing utility pole is not practicable due to excessive rearrangements or other conditions.

M. On streets where electrical and telephone utility wiring is located underground, either at the time of initial construction of a cable system or at any time thereafter, a franchisee's cable shall also be located underground at the franchisee's expense. Between a street and a subscriber's residence, a franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. If either electric or telephone utility wiring is aerial, a franchisee may install aerial cable except where a property owner or resident requests underground installation and agrees to bear the additional cost of such installation over and above the cost of aerial installation.

N. All wires, cable lines and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners and shall be constructed and maintained by franchisee so as not to interfere with television and radio reception by inhabitants not using the services of franchisee. The Township may issue such rules and regulations concerning the installation and maintenance of a broadband system installed in, on or over the streets, as may be consistent with this chapter and the franchise agreement. The Township shall have the right to install and maintain, free of charge, upon the poles owned by the franchisee any wire and pole fixtures that do not unreasonably interfere with the broadband system operations of the franchisee.

O. All safety practices required by law shall be used during construction, maintenance and repair of a broadband system. A franchisee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities or obstruct or hinder in any manner the various utilities serving the residents of the Township of their use of any street or any other public right-of-way and shall at all times fully comply with the requirements of Act 287 pertaining to "One Call."[1]

[1] Editor's Note: See 73 P.S. § 176 et seq. See also 73 P.S. § 182.7 which states that this act shall expire on 12-31-2006.

P. Prior to erection of any towers, poles or conduits or the construction, upgrade or rebuild of a broadband system authorized under this chapter, the franchisee shall first submit to the Township and other designated parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, is required, together with a map and plans indicating the proposed location of all such facilities. For the erection of towers, the franchisee shall in addition comply with the requirements of the West Whiteland Township Zoning Ordinance (Chapter 325), as may be amended, from time to time. No erection or installation of any tower, pole, underground conduit or fixture or any rebuilds or upgrading of the broadband system shall be commenced by any person until approval therefor has been received from the Township.

Q. Any contractor proposed for work or construction, installation, operation, maintenance or repair of broadband system equipment must be properly licensed under the laws of the state and all applicable local ordinances.

R. In the event the use of any part of a broadband system is discontinued for any reason for a continuous period of 12 months, or in the event such broadband system or property has been installed in any street without complying with the requirements of this chapter or a franchise agreement, or the franchise is terminated or canceled or has expired, the franchisee, within 30 days after written notice by the Township, shall commence removal from the streets of all such property as the Township may require.

S. The Township may extend the time for the removal of abandoned facilities for a period not to exceed 180 days.

T. In the event of such removal or abandonment, the franchisee shall restore the area to a condition satisfactory to the Township.

§ 123-30 Publicizing proposed construction work.

Except for emergency repair work, franchisee shall publicize construction work at least one week prior to commencement of that work by causing written notice of such construction work to be delivered to the Township Manager and by making reasonable efforts to notify those persons most likely to be affected by the work in at least one of the following ways:

A. By telephone.

B. In person.

C. By mail.

D. By distribution of flyers to residences.

E. Or in any other manner reasonably calculated to provide adequate notice.