(a) No person shall use, occupy, construct, own or operate structures or facilities in, under or over any rights-of-way or any public property within the Village unless such person first obtains a right-of-way permit and conforms to the requirements set forth therein and in this chapter; provided, however, that right-of-way permits shall not be required for the following uses:
(1) Newspaper stands;
(2) Carts;
(3) Sidewalk cafes;
(4) Parking lots, so long as such use:
A. Has received all other necessary permits and approvals;
B. Is not inconsistent with Village Policy;
C. Does not adversely affect the public health, safety, or welfare; and
D. Does not materially interfere with other lawful uses of the rights-of way.
(5) Any work done in the right-of-way by the Village or an authorized employee, agent, or representative of the Village.
(b) The following types of right-of-way permits are available:
(1) Cable Television Franchise: Granted to providers of Cable Television Service. The specified terms and conditions of a Cable Television Franchise shall be contained within such franchise. This Chapter shall be applicable to such franchises to the extent specified within the franchise.
(2) Telecommunication or Utility Permit: Granted to Persons who desire and are granted authority to utilize Rights of Way to provide a public utility and/or telecommunications service, other than Cable Television Service.
(3) Special Permit: Granted to Persons for a specific, limited use of the Rights of Way or a specific portion thereof.
(c) All permits shall specify the use or uses for which such Permits are granted and shall contain such other non discriminatory terms and conditions as are appropriate and as are set forth in this Chapter or conditions negotiated and agreed to by the Village and the Permittee to provide for the public safety and welfare.
(Ord. 13-2011. Passed 6-27-11.)
(d) The Village Administrator, at his sole discretion, may grant a waiver of some or all of the requirements of this Chapter. (Ord. 12-2013. Passed 4-8-13.)