(A) Although the city intends for city staff to review permit applications to the extent feasible, the city may retain the services of an independent technical consultant and an attorney of its choice to provide technical and legal evaluations of applications submitted pursuant to this subchapter. The review may include, but is not limited to:
(1) The accuracy and completeness of the items submitted with the application;
(2) The applicability of analysis and techniques and methodologies proposed by the applicant;
(3) The validity of conclusions reached by the applicant; and
(4) Whether the proposed use of the right-of-way complies with this subchapter and other applicable provisions of this chapter or the City Code.
(B) To the extent permissible under applicable law, the applicant shall pay the reasonable cost for any independent technical consultant and reasonable attorneys’ fees in advance through a deposit with the city, estimated by the city, within ten business days of the city’s request. That these shall be a reasonable approximation of cost. When the city requests such payment, the application shall be deemed incomplete until the deposit is received. In the event that such final costs and fees do not exceed the deposit amount, the city shall refund any unused portion within 60 days after a permit to occupy the right-of-way is issued or denied or withdrawn in writing by the applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the difference to the city before a permit to occupy the right-of-way is issued. The technical consultant and attorney shall provide an itemization of the final costs of the services provided and related fees.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999