§ 150.204 CONDUITS ON STREETS AND ALLEYS.
   (A)   Permit required; filing fee.
      (1)   No permittee shall make any excavations or construct any lines for the conveyance of fuel, water or minerals, on, under or through the streets and alleys of the town without first having obtained a permit therefor upon application to the Department of Public Works.
      (2)   The Town Administrator shall prescribe the forms to be used for such application and the information to accompany it.
      (3)   Each application for a permit under this section shall be accompanied by a nonrefundable filing fee in the amount as set by the Town Board of Trustees by resolution.
      (4)   The Town Administrator shall, within 20 days of receipt of the properly executed application, either grant or deny the request.
      (5)   The granting, of any such permit shall not be construed to be the granting of a franchise.
      (6)   In addition to the application fee in division (A)(3) of this section, the applicant shall come before the Board of Trustees which may fix a price per rod for damages to be paid by the applicant for the right to lay the lines on, under or through the town streets and alleys. The Town Board of Trustees may consider before fixing a rate per rod for damages the route to be traveled, the inconvenience to the town and the public, the prevailing commercial fair market value rate normally paid as damages, and any special damages which may be caused to town utilities, streets and rights-of-way.
   (B)   Annual fee.
      (1)   The permittee under this chapter shall pay to the town an annual renewal and inspection fee as set by the Town Board of Trustees by resolution.
      (2)   The Town Administrator shall appoint a representative who shall inspect such conduits to assure the public safety.
      (3)   No permit issued under this chapter shall be renewed if the conduit or any part thereof covered by such permit is in an unsafe condition.
(Ord. 381, passed 8-12-2021)