(A) Filing of appeal; schedule hearing. Any applicant which is denied the issuance of a street cut permit, or which has a street cut permit revoked may appeal such denial or revocation by filing an appeal in writing within five days of such revocation or denial with the Town Manager. The Town Manager will schedule a hearing within ten days of the receipt of the appeal, and provide notice of such hearing to the applicant. The Town Manager, after hearing evidence presented by the applicant and the town may confirm, amend or modify the action of Public Works.
(B) Utility company representation; appeal to Council. Whenever an applicant’s street cut revocation or denial is being heard by the Town Manager, a representative of the utility companies servicing the town shall be entitled to sit with the Town Manager and cast a vote. The representative of the utility companies, who shall be entitled to sit with the Town Manager when he or she hears the appeal of a revocation or denial of the issuance of a street cut permit, shall be chosen by a vote of all the utility companies serving the town. The town shall be notified by a joint letter signed by all the utility representatives not later than February 1 of each year, as to whom the utility company representative shall be for the current year. Any utility company whose street cut permit has been revoked or denied by Public Works may appeal any decision of the Town Manager relating to the revocation or denial of the street cut permit by filing a written appeal to the Town Council within 30 days following such decision. The Town Council shall hear the appeal in accordance with its rules and procedures. The Town Council may confirm, reverse or modify the action of the Town Manager.
(Ord. 8(1991) § 13; 1997 Code; Ord. 7(2006) § 31)