§ 151.006 DETERMINATION OF APPROPRIATE PERMIT, NEED FOR A LICENSE, AND APPROPRIATE ENCROACHMENT FEES.
   (A)   Upon review of the application and other required documents, unless otherwise determined by City Council action, the Department shall determine which class of encroachment permit is appropriate, whether the use sought to be made of the city’s highways requires a license or use agreement, which of the fees adopted by Council resolution apply to this permit, whether other fees, charges, or taxes apply to the use, and which approval process must be followed for that application. Additional licenses or fees may be required pursuant to other provisions of this code or other state or federal laws.
   (B)   If a person files applications for more than one type of encroachment permit or one or more licenses together with an application for an encroachment permit, the Department may combine the applications and issue one encroachment permit authorizing encroachments to be used for more than one license or franchise. In no event, however, may required licenses be combined, and applicants shall be required to apply for and obtain a separate license or franchise for each activity as required herein.
   (C)   The City Council will establish a base application processing fee to be paid for each type of encroachment permit, however, for complex applications the non-refundable application processing fee shall be in an amount established by the Department as necessary to recover all reasonably related costs, including outside consultants, incurred by the city to review and process the application.
   (D)   Applications for encroachment permits and all documents and other information required to be submitted will be reviewed by such city staff or retained consultants as deemed necessary by the Department. Based on the review, the encroachment permit application may be approved, conditionally approved, or denied by the Department. If the city finds that the application is in accordance with the requirements of this chapter, it may issue a permit for the use of encroachment, attaching such conditions as are necessary for the health, safety, and welfare of the public, including but not limited to aesthetic considerations. If the city finds the application is in conflict with the provisions of this chapter or any state or federal law, the permit shall be denied and the applicant given written reasons for the denial. No permit is valid unless signed by an authorized representative of the city.
(Prior Code, § 18-2-4)