Title 12 STREETS AND SIDEWALKS*
Chapter 12.03 PUBLIC RIGHTS-OF-WAY
12.03.090 Due process.
Within fourteen days after receiving completed application the town shall
issue a written determination approving or denying the application in whole or
in part, based on the following standards:
(1) The financial and technical
capacity of the applicant;
(2) The legal standing of the
applicant;
(3) The capacity of the public rights-of-way to accommodate the
applicant’s proposed facilities;
(4) The capacity of the public
rights-of-way to accommodate additional telecommunications and/or public utility
facilities if the rights-of-way access permit is granted;
(5) The potential
damage to public or private facilities;
(6) The disruption of pedestrian or
vehicular travel.
(7) The public interest in minimizing the cost and danger
to public health and safety of construction in the public
rights-of-way;
(8) The availability of alternate routes and/or locations for
the purposed facilities;
(9) Compliance with all state and federal laws and
regulations;
(10) Such other factors that demonstrate that the applicants
use of the public rights-of-way will serve the public interest.
If the
application is denied, the written determination shall include the reasons for
denial. (Ord. 949 § 1(part), 2001).
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