A. All Facilities shall be so located, constructed, installed and maintained so as not to incommode the public use of the road or highway or interrupt navigation of the waters, including access to and from the PROW from private property and access by persons with disabilities.

B. In the event a Company creates a hazardous or unsafe condition on either public or private property, or unreasonably interferes with access between the PROW and private property, the Company shall remove or modify that part of the Facility to eliminate such condition at its own cost.

C. No Facility may be located or installed in such a manner that it will unreasonably interfere with existing or adopted City plans to use the PROW, with the access rights of private property owners, with existing gas, electric, sewer or telephone fixtures, with existing water hydrants and mains, with existing sewers, storm drains or v-ditches, or any existing wastewater stations, or with any existing traffic control System.

D. Construction, installation, maintenance and repair of Facilities shall not substantially affect the integrity of any structures, and shall, to the extent feasible, be installed either perpendicular or parallel to property lines or the sides of structures.

E. All underground taps shall, to the extent reasonably possible, follow property lines and cross property at right angles unless otherwise required due to the physical characteristics of the subsurface or required under applicable law.

F. All construction of new and replacement Facilities shall be accomplished between the hours reasonably specified by the City in the approved permit or ordinances. Construction shall seek to minimize any adverse impact on services of the City or third parties.

G. Whenever existing Facilities or electric utility facilities are located underground along a particular street or public way, new non-antenna portions of Facilities shall be installed underground along that street or public way and in existing or newly installed adjacent conduit to the extent Technically Feasible. The application shall demonstrate, with appropriate documentary support, why existing Facilities are inadequate to support the project.

H. Whenever any new or existing Facilities or electric utility lines are relocated underground along a particular street or public way, a Company shall relocate its non-antenna portions of Facilities underground to the extent Technically Feasible concurrently with the other lines at its sole expense, in accordance with existing legal and regulatory requirements.

I. Companies shall advise and coordinate major construction efforts with other utility companies through City-sponsored utility coordination meetings, and, to the extent reasonably possible, coordinate their construction work with other utilities installing infrastructure in the PROW. In new developments, a Company shall contact the developer to determine whether any surplus conduit is available in the areas that the Company plans to install facilities, and whether any joint trenching or boring projects are feasible.

J. Overhead facilities may be installed only if sufficient space is available on existing utility poles or other structures, consistent with applicable regulations and agreements, as determined by the Director.

K. If proposed new Facilities would require excavation, or involve excavation for installation of new facilities, those Facilities shall be installed within existing Facilities whenever sufficient Excess Capacity is available on commercially reasonable terms and conditions.

L. Undergrounding shall be required where technically feasible. All non-antenna portions of proposed Facilities shall be installed underground or in flush-mounted vaults or low-profile waterproof pedestals, unless the Director determines that installing the non-antenna portions of the proposed Facility aboveground would not result in a significant adverse aesthetic impact relative to an undergrounded installation, would not result in significant detriment to the PROW or the environment surrounding it, and would not incommode the public use of the PROW. In making a feasibility determination, the Director shall consider the information in the application and the record, including information provided by the Company and members of the public. Undergrounding requirements must be applied on a non-discriminatory basis, unless the imposition of additional requirements is authorized by federal and state law.

M. Companies shall coordinate with affected property owners to locate Facilities so as to reasonably minimize inconvenience and disruption to residents, consistent with installation of permitted Facilities. (Ord. 7726-NS § 1 (part), 2020: Ord. 7159-NS § 2, 2010; Ord. 7083-NS § 4 (part), 2009)