(A) The Board of Commissioners of the town (referred to in this chapter as the "Board" and the "Town" finds that:
(1) Extremely limited space exists in the public rights-of-way (PROW) that requires diligent responsible management including but not limited to responsible proper siting policies;
(2) Protecting the public safety in and near the PROW is of paramount concern:
(3) The facilities that use and occupy the PROW often pose significant concerns regarding the health, safety, public welfare, protecting the nature and character of the town and its neighborhoods and for the environmental effects of work and facilities in the PROW. The town recognizes that facilitating the development of the responsible policies regarding the use of the PROW can be an economic development asset to the town and of significant benefit to the town and its residents. To assure that regulations governing the use of the PROW are reasonable and balanced, the town is adopting a single, comprehensive set of regulations governing the PROW.
(B) The intent of this chapter is to:
(1) Minimize the physical impact of facilities on the limited space of the PROW;
(2) Minimize the impact of facilities on the community;
(3) Protect the nature and character of the community to the extent reasonably possible;
(4) Establish a fair and efficient process for review of and action on applications;
(5) Facilitate the processing of applications;
(6) Assure tax payers' money is not used to subsidize application-related costs normally and traditionally borne by the applicant;
(7) Assure prompt and efficient review of applications;
(8) Determine any environmental impacts associated with the location, construction and modification of facilities located in the PROW; and protect the health, safety and welfare of the town, its citizens, residents and visitors; and to
(9) Establish procedures to: monitor work in the PROW; permit encroachments in the town's PROW; monitor and permit the use of town's property as applicable.
(Ord. 17-12, passed 9-18-2017)