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A. Permit Required: It is unlawful for any person to cause or to maintain any encroachment, encumbrance or obstruction of any public right of way by encroachment therein with any foundation, wall, fence, post or other structure, or any cohesive ground surfacing material without having first obtained a written right of way encroachment permit to do so from the town manager. Such a permit may be issued upon a finding by the manager that the encroachment requested and specified by the applicant will not impair necessary public use or impair access to public facilities, including utilities, located therein, and that such encroachment is not otherwise prohibited by this code or contrary to the public convenience.
B. Terms Of Permit: Encroachments into public right of way for which a permit has been issued shall not exceed the terms, conditions, period of time or extent specified by the permit, and the permit may be revoked at any time by the town manager. The manager shall not issue such permit until the applicant shall have executed and delivered to the town an undertaking to hold the town harmless of and from any liability of any nature resulting from any such encumbrance or obstruction being located within the right of way, and releasing the town from any liability for any obligation to maintain the encroachment or for any damage thereto. The applicant for a permit shall also agree in writing to remove same and restore the premises to the original condition without compensation upon request by the town manager.
C. Exemptions From Permit: The following encroachments are exempt from the terms of subsections A and B of this section:
1. Authorized traffic control structures and signs.
2. Vehicle driveway surfacing properly aligned with curb openings provided for the purpose.
3. Pedestrian walkway surfacing less than five feet (5') wide, perpendicular to public right of way. (1988 Code art. 7-10)