§ 94.045 UTILITY RIGHT-OF-WAY MASTER PERMIT REQUIRED.
   It shall be unlawful to own any utility facility located in, on, under, or above the right-of-way without a valid and un-expired utility right-of-way master permit issued by the town. A utility right-of-way master permit shall, among other things:
   (A)   Grant to the holder of the permit the general right to have utility facilities in the right-of-way provided, however, that the master permit does not constitute a permit for any particular installation, maintenance, repair, or removal of a utility facility;
   (B)   Specify the term of the permit (which term shall typically be for the one-year period, or portion of a one-year period, that expires on June 30);
   (C)   Provide for the removal of abandoned utility facilities;
   (D)   Acknowledge the town's right to require the removal or relocation of utility facilities when necessitated by a public need;
   (E)   Provide for the defense and indemnification of the town, its officers, and employees for claims and suits arising out of the use of the right-of-way;
   (F)   Require proof of suitable levels of insurance coverage;
   (G)   State the rights, if any, to assign or transfer rights or obligations without the prior consent of the town;
   (H)   Acknowledge the town's full retention of its police power;
   (I)   Provide for the registration of all contractors who work in the right-of-way on behalf of the owner (contractors must meet all local requirements, including but not limited to obtaining a Pineville Privilege License); and
   (J)   Provide for the preparation, maintenance and maps of utility facilities located within the town.
(Ord. 2008-01, passed 9-9-2008)