(a) 
In order to protect the public health, safety and welfare, all users of the public rights-of-way shall register with the town administrator. Registration and permits shall be issued in the name of the person who will own, construct, install or maintain the facilities within the public rights-of-way. Registration must be renewed every two (2) years. For entities with a current franchise or license, the franchise or license shall be evidence of renewal registration. If a registration is not renewed, and after a sixty-day written notification to the owner, the facilities of the user shall not be issued permits until renewal of registration. When any information provided for the registration changes, the user shall inform the town of the change no more than thirty (30) days after the date of the change. Registration shall include the following information:
(1) 
The name of the user of the public rights-of-way;
(2) 
The name, address and telephone number of the contact person or persons for the user;
(3) 
The type of facilities the user will construct, install, or maintain within the public rights-of-way, if known. The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the public rights-of-way on behalf of the user. Users may provide a master list of the required information for contractors performing work on their behalf within the public rights-of-way;
(4) 
The name and telephone number of an emergency contact who shall be available twenty-four (24) hours a day;
(5) 
Certificate of insurance or evidence of self-insurance consistent with the provisions of sections 3.05.181 and 3.05.182.
(b) 
The fee for registration and renewal of registration shall be as listed in the fee schedule in appendix A of this code. Entities with a current franchise agreement with the town and/or certificated telecommunications providers are considered registered and will have no registration fee. However, all contractors and subcontractors must register. Contractors and subcontractors that register in conjunction with activities to be performed on behalf of current franchise holder or certificated telecommunications provider will have no registration fee.
(c) 
The town may deny or revoke the registration of a user for violating the provisions of this division.
(Ordinance 06-224, sec. 2 (9.311), adopted 5/18/06; Ordinance adopting Code)
(a) 
No person shall perform any construction, installation or maintenance of facilities in the public rights-of-way without first obtaining a construction permit from the town administrator or designee. A construction permit shall not be required for the installation of individual customer service connections, repairs or maintenance that does not require boring or excavation within public rights-of-way. Emergency responses related to existing facilities, in order to prevent service interruptions or the imminent threat of harm to persons and property, may be undertaken without first obtaining a permit; however, the town administrator or designee shall be notified immediately after cessation of the emergency regarding work performed, or being performed, in the public rights-of-way and an updated map of any relocated facilities [shall be provided]. Permits shall be issued only to persons who have a correct [current] registration or franchise with the town. Permits shall be issued only to persons who will be doing the work within the public rights-of-way.
(1) 
Construction projects are classified into two (2) categories. Projects are classified at the town administrator’s or designee’s discretion into major and minor construction projects. Permits are required for all major construction projects of new, replacement or upgrades of the facilities in the right-of-way whether aerial or underground.
(A) 
Major construction projects:
(i) 
Projects greater than 500 lineal feet;
(ii) 
Projects involving street closures;
(iii) 
Projects requiring the cutting or breaking of pavement or curb;
(iv) 
Projects within a roadway that is scheduled to be widened; or
(v) 
Projects that will take more than five (5) consecutive days to complete.
(B) 
Minor construction projects:
(i) 
Projects less than 500 lineal feet;
(ii) 
Projects that contain 2 or less street or creek crossings;
(iii) 
Projects that will take 5 consecutive days or less to complete;
(iv) 
Projects that include only local repairs;
(v) 
Projects not involving street closures; or
(vi) 
Projects not requiring the cutting or breaking of pavement or curb.
(2) 
A permit is not required under this section if the activity in the public right-of-way consists exclusively of:
(A) 
Minor construction projects as defined in subsection (1)(B) above;
(B) 
A service connection of real property on either side of the public right-of-way;
(C) 
Routine maintenance or repair of facilities that does not include the cutting or breaking of pavement or curb, or boring; or
(D) 
The replacement of a single damaged pole or the installation of aerial lines on existing poles or the installation of aerial lines on 5 new poles or less.
(3) 
The submittal of an approved permit from the state department of transportation shall serve as the construction permit for work within state department of transportation rights-of-way.
(4) 
Notwithstanding anything else in this section, a permittee shall submit a written letter, e-mail, or fax notice of work to the town administrator prior to the commencement of any work activity in all instances where the owner or its contractor will be engaging in any activity in a town right-of-way that involves the cutting or breaking of pavement or curb or boring.
(b) 
The construction permit application shall include the following:
(1) 
The name of the user to be working within the public rights-of-way;
(2) 
The name, address and telephone number of the contact person or persons for the user;
(3) 
The name of the owner of the facilities;
(4) 
The signature of an authorized representative of the user;
(5) 
The date of commencement and the estimated completion time for the work;
(6) 
Three (3) sets of construction plans that include the following:
(A) 
The proposed location and route of all facilities within public rights-of-way to be constructed, installed, expanded, replaced, removed or maintained.
(B) 
The location of all public rights-of-way boundaries at the proposed facilities.
(C) 
A description of all existing town utilities that could potentially conflict with applicant’s proposed route, including town profiles, if available, when crossing any town utility.
(D) 
A description of the type and size of facilities the applicant proposes to install.
(E) 
A description of any bores or trenches the applicant proposes to dig, and any handholes, manholes, switchgear, transformers, pedestals, etc., the applicant proposes to install, showing the approximate depth of such construction and installations along with any variance from standard town trenching details.
(F) 
A description of plans to remove and replace pavement if such plans differ from the town construction requirements.
(G) 
A typical section of all equipment (pedestals, transformers, etc.) to be set, including pad sizes if required.
(H) 
A traffic-control plan, unless demonstrated not applicable as approved by the town administrator or designee.
(I) 
The construction and installation methods to be employed for the protection of existing structures, fixtures and facilities within or adjacent to the public rights-of-way, and the dates and times work will occur.
(J) 
A complete legend of drawings submitted by the applicant.
(K) 
An erosion control plan, to the extent required by the town’s engineering design criteria and construction standards, as amended.
(7) 
Certificate of insurance showing compliance with section 3.05.181 unless a current certificate is on file with the town.
(c) 
A request for a permit must be submitted at least five (5) working days prior to the commencement of construction if the construction will disturb less than 2,000 lineal feet of public rights-of-way or ten (10) working days prior to the commencement of the construction if the construction will disturb greater than 2,000 lineal feet of public rights-of-way, unless waived by the town administrator or designee. The time frame may be reduced if necessary to alleviate a condition threatening public safety.
(d) 
The town administrator or designee or permittee may request a pre-construction meeting.
(e) 
All details of the construction plans are subject to the approval of the town administrator or designee.
(Ordinance 06-224, sec. 2 (9.312), adopted 5/18/06)
If any of the provisions of this division are not followed, a permit may be revoked by the town administrator or designee. If a person has not followed the terms and conditions of this division in work done pursuant to a prior permit, new permits may be denied or additional terms required until correction of the deficiencies associated with the prior permit.
(Ordinance 06-224, sec. 2 (9.313), adopted 5/18/06)
(a) 
Any appeal from the denial or revocation of a permit or registration or from the decision of the town administrator or designee shall be to the town council. Such appeal shall be filed with the town administrator’s office within fifteen (15) days from the date of the decision being appealed. The town council shall endeavor to render a decision within twenty-five (25) business days from the date the appeal was filed. The town council may make inquiries of individuals with knowledge of facts and/or may schedule a hearing with relevant personnel to discuss the appeal. All such appeal hearings are informal in nature and the rules of evidence do not apply to such hearings. The town council may sustain, reverse, modify, or amend the decision of the town administrator or designee.
(b) 
Any person aggrieved by the appeal determination by the town council may appeal that decision. In order to hear and decide appeals of orders, decisions or determinations by the town council, there shall be and is hereby created a board of appeals consisting of members who shall hear and make determinations on matters pertaining to the denial or revocation of a permit or registration or from the decision of the town administrator or designee. The members of the zoning board of adjustment are hereby appointed as the board of appeals and shall have and exercise the authority to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the denial or revocation of a permit or registration or from the decision of the town administrator or designee and/or the town council, as provided by this division. Any appeal shall be filed pursuant to the provisions of section 6-105 of the zoning ordinance of the town, as amended. The board of appeals is not empowered to waive any requirements of this division.
(Ordinance 06-224, sec. 2 (9.314), adopted 5/18/06)
(a) 
It shall be unlawful and an offense for any person, except a certificated telecommunications provider or town franchise holder, to construct or install facilities or excavate within the public rights-of-way without a permit issued pursuant to this division. Contractors and subcontractors of either certificated telecommunications providers or town franchise holders are not exempt from the permit requirements contained in this division. Only a single permit is required for any one (a) project. Such permit may be obtained by the town, the franchise holder, the certificated telecommunications provider, or any of their contractors or subcontractors.
(b) 
Any violation of this section shall be punished by a fine of not more than five hundred dollars ($500.00) per violation per day. Each day that a violation exists shall constitute a separate offense.
(Ordinance 06-224, sec. 2 (9.315), adopted 5/18/06)