§ 19-1. Purposes, findings, intent, and applicability.
(a)
Purpose. The purpose of this chapter is to establish policy governing the management of public highways for the provision of telecommunications services to enable the town to:
(1)
Issue licenses and franchises to telecommunications corporations who use the public highways to provide telecommunications services on a competitively neutral and nondiscriminatory basis, except in cases where state law forbids establishment of a license or franchise requirement; and
(2)
Manage the public highways in order to minimize the impact and cost to town citizens of the placement of telecommunications facilities within public highways; and
(3)
Manage the public highways so as to maximize their efficient use, thereby minimizing the foreclosure of future additional uses of such rights-of-way; and
(4)
Provide for the compensation for the commercial use of public highways to provide telecommunications services; and
(5)
Minimize congestion, inconvenience, visual impact, and other adverse effects from such use on the town's public highways.
(b)
Findings. The town council finds that the town's public highways constitute a valuable public asset:
(1)
Having been acquired and maintained by the town over many years at great taxpayer expense;
(2)
Providing uniquely valuable property that private telecommunications providers may wish to use for profit-making purposes that may not necessarily benefit all the residents of the town;
(3)
Representing public investments for which the taxpayers are entitled to a fair monetary return on the town's past and future investment in the town's infrastructure; and
(4)
Comprising significant assets, which the town must manage as a public fiduciary trust to enhance the public health, safety, and welfare.
(c)
Intent. Therefore, the town council intends:
(1)
To ensure that locally elected officials manage local public highways consistent with their fiduciary trust obligations;
(2)
To ensure compliance with public health, safety, and welfare measures for public highways;
(3)
To encourage public-private partnerships to provide telecommunications facilities needed for the most cost-effective delivery of public services, including schools, libraries, police and fire protection, as well as private services;
(4)
To conserve the limited physical capacity of the public highways held in public trust by the town; and
(5)
To assure that the town's current and ongoing costs of granting and regulating private access to and use of the public highways are fully paid by the persons seeking such access and causing such costs.
(d)
Applicability. Chapter 19 of this Code and the Unified Land Development Code shall govern the management and use of public highways within the town for the provision of telecommunications services except that the use of town rights-of-way and public utility easements of the town related to small wireless facilities shall be governed by chapter 10 of this Code.
(Ord. No. 2631 , § I, 11-2-17)