§ 98.110  RIGHT-OF-WAY ENCROACHMENT PERMITS.
   (A)   A permit system is hereby established for the installation, maintenance and repair of non-town owned utilities that are currently within town streets, town right-of-ways or town utility easements or are to be installed within town streets, right-of-ways or town utility easements.  All utility providers shall provide to the town, within 120 days after enactment of this section, plans showing the location of the utility provider’s existing service encroachments.
   (B)   The terms UTILITY and UTILITY PROVIDER shall include but not be limited to: gas utilities, cable tv utilities, telephone utilities, water utilities, sewer utilities, drainage utilities, internet utilities, and electric utilities, whether regulated by the federal and/or state governments or not.
   (C)   The utility provider shall submit an encroachment application on the prescribed form to obtain a permit from the town to install any new or additional utility and/or utility services.  The location of any proposed utility and/or utility services shall be shown on a plan submitted to the town, and the utility provider must obtain approval of the plan from the town prior to installation of the utility and/or utility services.
   (D)   The utility provider shall submit an encroachment application on the prescribed form to obtain a permit from the town to make any repair or maintenance which requires any underground excavation and/or any pavement removal or replacement.  When emergency work is performed after normal working hours or during a weekend or holiday, the utility provider shall submit an encroachment permit application the next business day following.
   (E)   Pavement removal or disturbance shall be repaired and resurfaced immediately after maintenance or new installation work is complete.
   (F)   A fee for each permit is authorized.
(1992 Code, § 98.69)  (Ord. 02-O-99, passed 10-14-2002)