(a) In deciding whether to grant any application for permission to encroach upon any public street or street right-of-way, the town 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 streets or street rights-of-way that may be precluded by the grant of the requested permission 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 public interest factors or considerations that the town has a lawful right to consider and that are deemed pertinent by the town for safeguarding the interests of the town and the public.
(b) Consistent with applicable law, the town may develop and implement policies and requirements to ensure that the public streets 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 street or street right-of-way, the town may consider an applicant's proposals for addressing capacity needs and compliance with town policies and requirements in that regard.
(Code 1982, § 17-107; Ord. No. 00-031, 12-14-2000)