(A) In deciding whether to grant any application for authorization to encroach upon any public way, the Administrator may consider such factors as it deems appropriate and in the public interest, provided such factors are consistent with applicable law, including without limitation:
(1) The willingness and ability of the applicant to meet construction and physical requirements and to abide by all lawful conditions, limitations, requirements and policies with respect to the encroachment;
(2) The ability of the applicant to maintain the property of the town in good condition throughout the term of the relevant franchise or encroachment agreement;
(3) Any services or uses of the public ways that may be precluded by the grant of the requested authorization to encroach, and the adverse impact of the proposed encroachment on the efficient use of the public streets and street rights-of-way at present and in the future;
(4) The adequacy of the terms and conditions of the proposed encroachment or franchise agreement to protect the public interest, consistent with applicable law; and
(5) Any other factors or considerations that are deemed pertinent.
(B) Consistent with applicable law, the Administrator may develop and implement policies and requirements to ensure that the public ways have sufficient capacity reasonably to accommodate existing and future uses in a rational and efficient manner. In evaluating an applicant for the right to encroach upon a public way, the Administrator may consider an applicant's proposals for addressing capacity needs and compliance with town policies and requirements in that regard.
(Ord. passed 9-17-2019)