1997 045 Ordinance - Laserfiche WebLink

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3.27 Cable Service to New Residential Developments In new residential developments in which all the electric power and telephone Utilities are underground, the following procedure shall apply with respect to access to and utilization of underground easements: (1) The developer shall be responsible for contacting and surveying all Franchised cable operators to ascertain which operators desire (or, pursuant to the terms and provisions of this Ordinance and any Franchise Agreement, may be required) to provide Cable Service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map shall indicate the cable operators that have agreed to serve the development. (2) If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint Utilities trench on a nondiscriminatory shared basis. If fewer than two (2) operators indicate interest, the developer shall provide conduit to accommodate two (2) sets of cable television cables and dedicate to the Village any initially unoccupied conduit. The developer shall be entitled to recover the pro-rata cost of such initially unoccupied conduit in the event that Village subsequently leases or sells occupancy or use rights to any other cable operator. (3) The developer shall provide at least ten (10) working days notice of the date that Utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have two (2) working days to begin the Installation of their cables, and five (5) working days after beginning Installation to complete Installation. (4) The final development map shall not be approved until the developer submits evidence that: (a) It has notified each cable operator that underground Utility trenches are to open as of an estimated date, and that each cable operator will be allowed access to such trenches, including trenches from proposed Streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and (b) It has received a written notification from each cable operator that the cable operator intends to install its Facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the developer and cable operator, or has received no reply from a cable operator within ten (10) days after its notification to such cable operator, in which case the cable operator will be deemed to have waived its opportunity to install its Facilities during the open trench period. (5) Sharing the joint Utilities trench shall be subject to compliance with any applicable State regulatory agency and Utility standards. If such compliance is not possible, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the 16