§ 138-43. Conditions on use of streets and public ways.

A. 

To the extent permitted by law, including any applicable rule or regulation of the PSC, all wires, conduits, cable (whether coaxial, fiber, or a functional equivalent), and other property and facilities of an MCS provider shall be so located, constructed, installed, and maintained so as not to endanger, or unnecessarily interfere with, the usual and customary use, traffic and travel upon the streets, rights-of-way, easements, and public ways of the Town or any private property adjacent to such.

B. 

In the event an MCS provider's system creates a hazardous or unsafe condition, such being defined as situations not in compliance with any safety or safety-related code, or an unreasonable interference with public or private property, the MCS provider shall voluntarily, or upon the request of the Town Board, in a prompt and timely manner remove or modify that part of the system so as to eliminate such condition from the subject property in a prompt and expeditious manner and time frame.

C. 

An MCS provider shall at no time and under no circumstances place equipment where it will unduly or impermissibly interfere with the rights of property owners, or with gas, electric or telephone fixtures, water hydrants or mains, wastewater lift stations, any traffic control system, or any other service or facility that benefits or protects the health, safety, or welfare of the Town or its residents.

D. 

An MCS provider, either at its own expense or that of a private contractor, shall protect public property, rights-of-way and easements, and shall support or temporarily disconnect or relocate any property of such MCS provider when necessitated by reason of:

(1) 

Traffic conditions;

(2) 

Public safety;

(3) 

Temporary or permanent street closing;

(4) 

Street construction or resurfacing;

(5) 

A change in, or establishment of, street grade;

(6) 

Installation, repair or modification of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines, and any traffic control system; or

(7) 

Any improvement, construction, repair or public works project related to the Town's or its residents health safety, or welfare.

E. 

It shall be the responsibility of an MCS provider, acting alone or in conjunction with another person, to locate and mark or otherwise visibly indicate and alert others to the location of its underground wires or cable (coaxial, fiber or a functional equivalent) before employees, agents, or independent contractors of any entity perform work in the intended area.

F. 

An MCS provider shall, on the request of any person holding a building moving permit, temporarily remove, raise or lower the wires and facilities of the multichannel system to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it, and the MCS provider may require payment in advance. The affected MCS provider shall be given not less than 14 days' notice of a contemplated move to arrange for temporary wire changes.