(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECTOR. The Director of the Public Works Department.
PUBLIC RIGHT-OF-WAY. Right-of-way dedicated to the public for roadway or other public purpose.
TOWN STANDARDS. Ordinances and codes of the town, specifications adopted by the town, and, for wireless communications facilities in the right-of-way, the standard terms and conditions and design standards adopted pursuant to § 152.03 of this chapter.
WIRELESS FACILITY. The same meaning as in the standard terms and conditions adopted pursuant to § 152.13 of this code.
(B) Permit required. It is unlawful for any person to work, build, construct, reconstruct, repair, alter or grade, including the placement of any structures, including utility lines and poles, telecommunications facilities, pipelines, signs and plantings, within the public rights-of-way or within a public utility easement of the town without first obtaining a permit from the town, obtaining approval for the planned work and having the work supervised and inspected by the town.
(C) Exceptions.
(1) (a) Plantings by residents of property abutting the right-of-way are exempt from this permit requirement so long as such planting:
1. Does not interfere with travel on the public street or the visibility of traffic signs;
2. Is on that portion of the right-of-way abutting the resident’s property; and
3. Is more than 25 feet from an intersection.
(b) The town shall immediately remove any plantings in the right-of-way if the Town Engineer determines that the requirements of this division (B)(1) are not met. The town shall have no obligations to provide reimbursement for the plantings removed.
(2) Utilities which have been granted franchises to utilize public streets and other public areas in the town are exempt from the permit fees specified in § 152.09 of this chapter.
(D) If the structure is a wireless facility, it shall comply with the requirements of § 152.13 of this chapter, including the requirement to obtain a master license prior to issuance of a permit.
(Prior Code, § 19-1-1) (Ord. 01-11, passed - -2001; Ord. 21-04, passed 5-11-2021)