§ 22-20. Conditions on street occupancy.

(a)

Use. All transmission and distribution structures, lines and equipment erected by a grantee within the village shall be so located as not to cause interference with the proper use of streets, alleys and other public ways and places, and not to cause interference with the rights of or reasonable convenience of property owners who adjoin any of the streets, alleys or other public ways and places.

(b)

Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall first give notice to the director of public works of any contemplated disturbances of pavement, sidewalk, driveway or other surfacing, and shall, at its own cost and expense and in a manner approved by the director of public works, replace and restore all pavement, sidewalk, driveway or other surface of any street or alley disturbed in as good condition as before such work commenced. The grantee shall otherwise comply with village ordinances relating to street openings.

(c)

Relocation. If at any time during a franchise the village shall elect to alter or change the location or grade of any street, alley or other public way, the grantee, upon 72-hour notice by the village, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. If any construction by the grantee is in violation of the provisions of subsection (a) of this section, the grantee shall likewise, upon reasonable notice by the village, remove, relay and relocate its property in such a manner as to remedy such violation at its own expense.

(d)

Placement of fixtures. The grantee shall not place poles or other fixtures where they will interfere with any gas, electric, telephone or other fixture, water hydrant or main. All such poles or other fixtures placed in any street shall be placed between the outer edge of the sidewalk and the curbline where such boundaries exist, and those placed in alleys shall be placed close to the line of the lot abutting on such alley in such a manner as not to interfere with the usual travel on the streets, alleys and public ways. However, nothing in this chapter shall prohibit the use by the grantee of existing public utility poles where practical, providing mutually satisfactory rental agreements can be entered into with the grantee.

(e)

Underground service. The grantee shall install underground service in areas where electric and phone services are underground. Unless a greater depth is required, the minimum depth for underground cable service at the time of initial installation shall be 12 inches.

(f)

Temporary removal of wire for building moving. A grantee shall, on the request of any person holding a building moving permit issued by the village, temporarily raise or lower its wires to permit the moving of buildings. The expenses of such temporary raising or lowering of the wires shall be paid by the person requesting the same, and the grantee may require such payment in advance. The grantee shall be given advance notice of at least five working days to arrange for such temporary wire changes.

(g)

Tree trimming. The grantee, to the same extent that the village has such authority, may trim trees that overhang streets, alleys, sidewalks and public places of the village so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee. The grantee must apply to the village for a no-fee permit before trimming trees.

(Ord. No. 96-4, § 22.14, 4-1-96)