The right to perform work or maintain facilities in the public way is allowed subject to the conditions below, as supplemented by those set forth in other sections of this chapter, standards adopted by the Administrator, and requirements contained in an encroachment agreement or other written authorization.
(A) The town does not warrant its legal interest in the public way. Persons doing work in the public way and users may need to obtain approvals from persons with property interests in the public way.
(B) An authorization does not convey any legal right, title, or interest in the public way, and may be revoked or amended at will by the town.
(C) The town and its officials, officers, and employees are not liable for any direct, indirect, or consequential damages that may result to private facilities located in a public way as a result of the town's construction, installation, inspection, maintenance, or repair of the public way or of public improvements in the public way.
(D) Persons responsible for work in the public way or for items located in the public way shall pay for all damage that results, directly or indirectly, from such work or items.
(E) Non-enforcement of one or more provisions of an authorization does not waive the town's right to enforce the provisions of the authorization.
(F) An authorization creates no third-party rights against the town.
(G) An authorization does not limit the town's exercise of its regulatory, police, governmental, legislative, or contracting authority, including its authority to enact and enforce against an authorized encroacher more strict requirements then were previously applicable to the authorized encroachment. If the terms of an authorization conflict with the terms of another authorization or with an ordinance or other regulation adopted by the town, the stricter of the applicable provisions shall control.
(Ord. passed 9-17-2019)