§ 96.026 WRITTEN AUTHORIZATION TO ENCROACH REQUIRED EXCEPT FOR MINOR ENCROACHMENTS.
   (A)   Except for minor encroachments, which do not require written authorization, it shall be a violation of this article for any person to encroach upon any public way or town property without first receiving written authorization to do so from the Administrator pursuant to this chapter.
   (B)   All persons that operate utilities that the town may franchise under the authority of G.S. 160A-319 shall apply for a franchise to be approved by the Town Council in accordance with the Town Charter. Authorization to encroach upon a public way may be granted through the terms of an appropriate franchise agreement.
   (C)   In situations not governed by a franchise agreement, authorization to encroach shall be granted in appropriate cases through the terms of a non-exclusive, revocable encroachment permit or encroachment agreement, signed by the applicant and the Town Manager, using whatever form the town devises and is approved by the Town Attorney for that purpose.
   (D)   The Administrator shall develop standards and requirements for authorizations, including but not limited to franchises, licenses, permits, and other approvals, and may attach conditions to such authorizations. The Administrator may also develop standards and requirements for doing work in the public way when an authorization is not required.
   (E)   The Administrator shall charge such fees as are authorized by the Town Council for applications for authorizations; review of information and plans; issuance of authorizations; inspections and re-inspections; maintenance of facilities in the public way; and for any other town review, oversight, or administration of proposed, ongoing, or completed activities within the purview of this chapter. The Administrator may allow persons to establish and fund escrow accounts or other accounts with the town to which fees may be charged.
(Ord. passed 9-17-2019)