Township of Springfield, PA Article VII Construction Provisions

§ 18-25 System construction schedule.

The franchise agreement shall specify the construction schedule.

§ 18-26 Construction standards.

A. The 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, the National Electrical Safety Code, current edition, the National Electric Code, current edition, other applicable federal, state or local laws and regulations that may apply to the operation, construction, maintenance or repair of a cable system, including, without limitation, local zoning and construction codes and laws, and accepted industry practices, including applicable utility company pole line attachment standards, 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) under the franchisee's control 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 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 antennae site, head end 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. 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. Any and all streets, public property or private property which is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or construction of the system shall be promptly repaired by the franchisee at its expense.

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, powerlines, signal lines, tracks or any other type of municipal, public utility improvements, street vacation or for any other reasonable purpose where the convenience of the township would be served thereby; provided, however, that the franchisee may, upon written consent of the township, have the privilege of abandoning any property in place. The franchisee shall have the right to be reimbursed for its cost of relocating, disconnecting and removing facilities to the same extent utility companies are reimbursed.

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 as among entities 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 cable system creates or is contributing to an imminent danger to health, safety or property, the township or its agent may remove, relay or relocate the cable system without prior notice, at the franchisee's expense.

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 30 days advance notice to arrange for such temporary wire changes.

K. A franchisee shall have the authority to trim trees that overhang a street of the township so as to prevent the branches of such trees from coming in contact with the wires and cables of the franchisee. At its option, the township may do such trimming at the expense of the franchisee.

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. 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.

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. In the event that the telephone or electric utilities are reimbursed by the township for the placement of cable underground or the movement of cable, the franchisee shall be reimbursed on the same terms and conditions as the telephone or electric utilities.

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. The township may issue such rules and regulations concerning the installation and maintenance of a cable 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 cable system operations of the franchisee.

O. All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A franchisee shall not place facilities, equipment or fixtures where they will interfere with the gas, electric, telephone, water, sewer or other utility facilities and/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.

P. Prior to erection of any towers, poles or conduits, the franchisee shall first submit to the township for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole or underground conduit of the cable communications 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 system equipment must be properly licensed under laws of the state and all applicable local ordinances.

R. In the event that a substantial section of the cable system is discontinued for a continuous period of 48 hours and the franchisee is not diligently working toward a cure of the problem, or in the event that such system or property has been installed in any street without complying with the requirements of this chapter or a franchise agreement, and the franchisee has been notified, in writing, of such failure to comply and has not cured such noncompliance within 30 days, or the franchise has been 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. In the event that the franchisee fails to so restore, then township may restore at the franchisee's expense.

§ 18-27 Publicizing proposed construction work.

The franchisee shall publicize proposed construction work (the cost of which is in excess of $10,000) 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 notifying those persons most likely to be affected by the work in at least two of the following ways: by telephone; in person; by mail; by distribution of flyers to residences; and by publication in local newspapers or in any other manner reasonably calculated to provide adequate notice.