(a) The authority to grant a private party permission to encroach upon a public street or street right-of-way shall be exercised by the town manager or designee. In the manager's discretion, however, the town manager may submit any application for permission to encroach for review and an initial decision to the town council, with or without a recommendation from the town manager. In such cases, the grant of authority, if given, will be made by adoption of a resolution by the town council. In any case, the grant of such authority shall be conditioned upon such terms as shall be specified in the relevant encroachment or franchise agreement.
(b) The town may make such investigations and take or authorize the taking of such other steps as they deem necessary or appropriate to consider and act upon applications to encroach upon a public street or street right-of-way and determine whether such applications should be granted.
(c) If a business or commercial applicant seeks permission to encroach upon public street or street right-of-way, the town may set a public hearing to give the public an opportunity to comment on the application.
(Code 1982, § 17-106; Ord. No. 00-031, 12-14-2000; Ord. No. 2012-Code-07, 12-13-2012)