§ 59-8. Construction requirements.

A. 

Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surface in the natural topography, the company shall, at its sole expense, restore and replace such places or things so disturbed in as reasonably comparable to the condition as existed prior to the commencement of said work. Any restoration shall commence as expeditiously as practical, but in no event shall restoration be commenced more than 30 calendar days after written notice is issued to the company by the Township.

B. 

Relocation. If at any time during the period of this consent, the Township shall undertake or approve the construction of any sanitary sewer or storm drainage line or other street improvement project (including, without limitation, installation of traffic signals, streetlights, road improvements including widening, sidewalks and pedestrian amenities wherein the facility so constructed or approved is or shall become, by gift, transfer, dedication or otherwise, a public facility owned, maintained or operated by the Township), the company, upon reasonable notice by the Township, but no less than 90 business days, shall remove, re-lay or relocate its equipment, at the expense of the company prior to approval of the Board. If public funds are available to any other user of the public way for the purpose of defraying the cost of any of the foregoing, the Township shall notify the company of such funding and make available such funds to the company.

C. 

Removal or trimming of trees. During the exercise of its rights and privileges under this franchise, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks or other public places of the Township so as to prevent the branches of such trees from coming in contact with the wires and cable of the company. Such trimming shall be only to the extent necessary to maintain proper clearance of the company's wire and cables.

D. 

Temporary removal of cables. The company shall, upon request of the Township, at the company's expense, temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances, subject to the prior approval of the Board. Whenever a request for the temporary removal of cables is made by, for, or on behalf of private parties, the cost of temporary removal shall be borne by those same parties.

E. 

Installation of equipment. The company shall install equipment in the same location and manner as existing public utilities whenever practicable, in order to minimize the impact of same on surrounding property. [N.J.A.C. 14:18-2.3(a)].

F. 

Traffic control. For all work performed by or on behalf of the company in the streets or public rights-of-way which may disturb the normal flow of vehicular or pedestrian traffic, the company shall comply with all state and generally applicable local traffic safety regulations.

G. 

Minimum interference. The company shall make reasonable efforts to protect the public and its property from injury or damage and shall execute due care to reduce hazards to which employees, customers or the general public may be subjected by reasons of its equipment or facilities [N.J.A.C. 14:18-2.1(c)].

H. 

Emergency notification. The company shall provide the Township's Business Administrator with a twenty-four-hour emergency telephone number at which a representative of the company (not electronic voice mail or a recording) can be accessed in the event of an emergency.

I. 

Right of inspection. The company shall be responsible to ensure and be prepared to show, on request by an authorized representative of the Office, that the cable system complies with the applicable rules and regulations of Part 76, Subpart K of Title 47 CFR 76.601 through 76.617, as amended. The rights and obligations of the Township and Comcast under this section shall at all times be subject to applicable federal law and FCC regulation.

J. 

Notice of construction to Township. In accordance with N.J.A.C. 14:18-2.1 et seq., if at any time for the duration of municipal consent the company proposes to rebuild significant portions of the existing plant, and/or proposes to build significant areas of new plant, the company shall file with the Board a schedule for the construction of its facilities and provide the Township a copy thereof upon request.

K. 

(Reserved)

L. 

Temporary hookups. Absent good cause shown, the company shall not maintain and place any temporary installations for a period that exceeds 30 calendar days, weather permitting.

M. 

Company subject to federal, state and local laws. The company is subject to and shall be governed by all lawful and applicable provisions of federal and state laws and regulations. This franchise is further subject to all generally applicable ordinances and resolutions of the Township in the exercise of its inherent police powers. Without waiving any of its rights, the Township agrees that, to the extent any term of this municipal consent is inconsistent with the terms of any Township ordinance existing prior or subsequent to the effective date, this municipal consent shall control.