A. Application: Prior to the commencement of a construction project to install or extend an essential service distribution system, an application for a utility permit under this chapter and title 10 of this code must be submitted to the city. The application must show such information as may be needed for the evaluation and approval, including locations, alignment and type of service.
B. Review By Public Works Director:
1. Certification: The public works director shall review such plans; and, within thirty (30) days, certify to the plan submitter that the plans do or do not meet all applicable regulations.
2. Approval: If all applicable regulations are met, the public works director shall issue the utility permit.
3. Denial: The public works director shall deny issuance of the necessary utility permit for any such project where the project does not meet all ordinances and regulations. In case such permit is disapproved, the project work cannot be commenced.
4. Appeal: Any appeal by the plan submitter of the action of the public works director in implementing this chapter shall be first submitted for review by the public utilities commission and then in turn by the planning and zoning commission, each of whom shall provide their recommendations to the city council within thirty (30) days. Thereafter, within the next succeeding thirty (30) days, the city council shall rule on the appeal.
C. Conditional Use Permit:
1. Required: Where the city council has, by resolution, required that a development proposal for an essential service distribution system be reviewed by the city council, then a conditional use permit shall be required prior to the issuance of a utility permit.
2. Application Review: The public works director, together with the public utilities commission, shall review such development proposal and the conditional use permit application; and, within thirty (30) days, make a recommendation to the planning and zoning commission.
3. Hearing; Notice: Notice of any public hearing shall be given to the applicant and published in the designated official newspaper at least ten (10) days and no more than thirty (30) days prior to such hearing.
4. Council Action: After public hearing and input from the planning and zoning commission, the council may, by resolution, approve or disapprove the development proposal in conjunction with the conditional use permit application. The council, in making its decision whether to grant or deny any such development proposal and the associated conditional use permit, with or without modifications, shall be guided by the same standards as set forth in section 8-3-1 of this chapter and as set forth in title 10 of this code. (Ord. 55.1, 9-5-1995; amd. 2002 Code)