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Sec. 28-157. Application for permission to encroach.
   (a)   Application for permission to encroach upon a public street or street right-of-way shall be submitted to the town manager, and shall be submitted on any form the town devises for that purpose.
   (b)   All persons desiring authorization to encroach upon a public street or street right-of-way must provide the town with the following information:
   (1)   Identify the relevant public street or right-of-way;
   (2)   A description of the items the person desires permission to install in the public street or right-of-way, and the purpose those items would serve;
   (3)   A description of how the person intends to install the item in the public street or street right-of-way, including whether any excavation in the public street or right-of-way will be required;
   (4)   Whether installation of the relevant items will cause any temporary disruption in traffic flow in any public street, and if so, what precautions the applicant intends to take to minimize that disruption, and to protect human safety;
   (5)   A site plan, with sufficient detail to show the proposed location of the items the applicant seeks permission to install in the public street or street right-of-way, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the proximity of the applicant's items, if installed, to all existing poles, utilities, sidewalks, pavement, telecommunications or cable systems, and other improvements existing in the relevant public streets or street rights-of-way;
   (6)   A proposed construction schedule and sequence;
   (7)   Identify and describe any insurance the person has, or would obtain if granted permission to encroach on the relevant public street or street rights-of-way, that will cover his desired activities in the public street or street rights-of-way. (Homeowners seeking permission to encroach on a street right-of-way adjoining their residence should check their homeowners' policy in this regard);
   (8)   The name, address and telephone number of the person the town may contact concerning the application; and
   (9)   Such other information as the town may determine to be necessary or appropriate to evaluate the application or otherwise in furtherance of the public interest.
   (c)   Business and other commercial applicants, in addition, should submit the following information:
   (1)   A general description of the person's business; and
   (2)   A description of the services, if any, the person proposes to provide to others through the infrastructure he desires permission to install in the right-of-way, identifying also the geographic scope in which such services would be provided, and to whom they would be provided.
   (d)   Any person who must also receive a franchise from the town for their intended business or activity may provide the information set forth above in their franchise application.
   (e)   The town may reject any application to encroach upon a public street or street right-of-way that is incomplete or otherwise fails to comply with the terms of this article or other applicable law.
(Code 1982, § 17-104; Ord. No. 00-031, 12-14-2000; Ord. No. 2012-Code-07, 12-13-2012)