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)