(a) Applications for a right-of-way permit shall be filed in such form and in such manner as the regulations require, along with an application fee.
(b) To obtain a right-of-way permit to construct, own, or maintain any system within the City, or to obtain a renewal of a right-of-way permit issued pursuant to this chapter, an application must be filed with the City on the form adopted by the City Service Department. Except as described in Section 1028.03(b), for all applications the City shall collect an application fee.
(c) If the City Service Director determines that the application is in order and that the criteria set forth in Section 1028.08 have been met, and that the application should be granted, the City Service Director shall, within fifteen (15) days of receipt of a completed application, conditionally grant or renew such a right-of-way permit subject to any appropriate terms and conditions.
(d) The City Service Director's grant, renewal or denial shall be served upon the applicant by mail, e-mail, or electronically through the City's online permit system. Such denial, grant or renewal shall become final unless modified or rejected by the City Council within thirty days of issuance by the City Service Director, or unless appealed pursuant to Section 1028.05.
(e) The application fee for a right-of-way permit shall be equal to all the actual and direct costs incurred by the City that are associated with receiving, reviewing, processing and granting (or denying) an application. At the time of its decision to either grant or deny an application the City shall calculate and assess all actual and direct costs involved in receiving, reviewing, processing and granting (or denying) the application and provide a written invoice to the applicant for the appropriate amount. The City shall require that the applicant remit all application fee amounts invoiced within thirty days of the City's decision to either grant or deny a right-of-way permit application. Any applicant who fails to timely remit such invoiced application fee amounts shall be subject to the penalties of this chapter, the imposition of any other legal or equitable remedies available to the City, and the immediate revocation of any right-of-way permit having been issued.
(f) In addition to a right-of-way permit, providers shall obtain any and all regulatory approvals, permits, authorizations, or licenses necessary for the offering or provision of such services from the appropriate federal, state, and local authorities, and upon the City's reasonable request, shall provide copies of such documents to the City. Further, a right-of-way permit issued pursuant to this chapter shall not entitle a provider to use, alter, convert to, or interfere with, the facilities, small cell facilities, wireless facilities, wireless support structures, easements, poles, conduits, lines, pipelines, wires, fiber, cable or any other real or personal property of any kind whatsoever under the management or control of the City.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)