11-9-9: CONSTRUCTION OF NEW STREETS:
A. The intent of this section is to provide for the construction of infrastructure sufficient to allow broadband communications entities desiring to deploy facilities in the future to do so by pulling the same through the conduit and appurtenances installed pursuant to this section and without excavating within the rights-of-way. This section is not intended to require owners of broadband facilities or other conduit to install additional ducts or conduit in existing rights-of-way; rather, it is intended to require those constructing public streets, including the town and developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future broadband needs within the rights-of-way without further excavation.
B. Whenever any new public street is constructed, whether by the town as a public works project or by a developer or other private party in conjunction with development, the following shall be required:
1. For all new collector streets, a minimum of two (2) 4-inch conduits shall be installed by the party constructing the street; provided however that at the discretion of the town Engineer, the number and size of the conduit and spacing of pull boxes may be modified to address the reasonably known plans and/or demand for broadband capacity in these locations. If determined that additional conduits are required, the town shall determine direct costs as provided for in section 11-9-5 of this chapter.
2. For all other new streets, a minimum of two (2) 2-inch conduits shall be installed by the party constructing the street. If determined that additional conduits are required, the town shall determine direct costs as provided for in section 11-9-5 of this chapter.
3. In addition to installing conduit, the party constructing the street will be required to install such vaults and other appurtenances as may be necessary to accommodate installation and connection of broadband facilities within the conduit.
4. All construction and installation shall be accomplished according to construction standards adopted by the town. The construction standards shall be adopted with due consideration given to existing and anticipated technologies and consistent with industry standards.
5. All facilities installed by developers or other private parties pursuant to this section shall be conveyed and dedicated to the town with the dedication and conveyance of the public street and/or rights-of-way.
6. All installation costs shall be the responsibility of the party constructing the public street; provided, however, if the town determines that more than the number of conduits described in subsections B1 and B2 of this section are required, the town will pay the direct cost of installing the additional conduits.
C. The town reserves the right to charge reasonable fees for the use of conduit installed pursuant to this section, to the extent consistent with and as limited by Federal and State laws. Any such fees shall be established by resolution or ordinance. (Ord. 9, Series 2018)