§ 136-4. Grant exemptions.

A. 

Grant. It shall be unlawful for any person to construct, repair, remove, relocate or perform any work on or use any facilities or any part thereof in a public way unless in compliance with this Rights-of-Way Ordinance. Continuous compliance with this Rights-of-Way Ordinance grants to grantee a nonexclusive privilege to construct, repair, remove, relocate or perform any work on or use any facilities or any part thereof in the public ways within the service area and to occupy or use the public ways for the purpose of providing nonexempt service to residences or businesses within the service area.

B. 

Exemptions. This Rights-of-Way Ordinance shall not apply to occupation or use of the public ways to provide:

(1) 

The transportation of passengers or property, or both, as a common carrier by means of elevated street railway, inclined plane railway, railroad, street railway or underground street railway, trackless-trolley omnibus or by any combination of such means.

(2) 

The transportation of artificial or natural gas, electricity, petroleum or petroleum products or water or any combination of such substances for the public.

(3) 

The production, generation, manufacture, transmission, storage, distribution or furnishing of natural or artificial gas, electricity, steam, air conditioning or refrigerating service or any combination thereof to or for the public.

(4) 

The diverting, developing, pumping, impounding, distributing or furnishing of water from either surface or subsurface sources to or for the public.

(5) 

The collection, treatment, or disposal of sewage for the public.

(6) 

The conveyance or transmission of messages or communications by telephone or telegraph for the public.

(7) 

The diverting, pumping or impounding of water for the development or furnishing of hydroelectric power to or for the public.

(8) 

The transportation of oxygen or nitrogen, or both, by pipeline or conduit for the public.

(9) 

Any ancillary service reasonably necessary or appropriate for the accomplishment of services specified in Subsections B(1) through B(8).

(10) 

Cable service.

C. 

Not a cable system. This chapter does not authorize a person to provide cable service. A person seeking to provide cable service must obtain permission from the Township under separate legislation of the Township.

D. 

Not a pole attachment agreement. This chapter does not authorize the grantee to attach to any pole or other structure in public way devices for the intentional transmission or radiation of radio frequency emissions or energy through the ether by any means now known or hereafter developed.