(A) Location approval. Public utility services may have an effect on city planning, and the proposed location of the public utility services shall be filed with the City Clerk prior to the commencement of any condemnation action or construction.
(B) Utilities not located within highway or street rights-of-way. Public utility services not located within highway or street rights-of-way shall follow the following procedure.
(1) The owner shall file with the City Clerk the maps indicating the location, depth if applicable, alignment, and type of service proposed.
(2) The maps and accompanying data shall be submitted to the Planning Commission for review and recommendations regarding the relationship to urban growth, land uses, highways and recreation and park areas.
(3) Following the review, when deemed necessary, or when requested by the Council, the Planning Commission shall within 30 days of the receipt of the proposed public utility service make a report of its findings and recommendations on the proposal and file the report with the City Council.
(4) Upon receipt of the report of the Planning Commission on the proposal, the City Council shall consider the maps and, accompanying data and indicate to the owner its approval with the conditions or modifications as are deemed appropriate or necessary to protect the health, safety, and welfare of the public and to achieve the goals of this chapter.
(5) Failure by the Council to act on a proposal within 30 days of the receipt of the report of the Planning Commission shall constitute approval of the proposal by the City Council.
(C) Utilities within highway rights-of-way. An application for a permit for public utility services located within any city, county, or state highway rights-of-way shall follow the following procedure.
(1) The applicant shall file with the City Clerk in addition to any filing requirements of the county or state, an application for the permit, accompanied by maps indicating the locations, depth if applicable, alignment and type of service proposed.
(2) The application and accompanying data shall be reviewed by the city engineer, who shall file a report of his or her findings and recommendations with the Planning Commission.
(3) Upon a determination by the Planning Commission that the application is acceptable and in the best interests of the city, the Planning Commission may issue a permit, with the conditions or modifications thereon as are deemed appropriate, for the installation or structure of the service proposed.
(4) Upon completion of the installation and construction of the utility, the applicant or owner of the utility shall file with the City Clerk a map showing the exact location of the utility or so much thereof as is located in the city, together with data indicating the depth, height, size, capacity, and other relevant data required by the Planning Commission.
(5) Any addition, construction, or installation of a public utility service may be undertaken only after consideration has been given to contemplated widening, regrading or relocation of existing rights-of-way.
(D) Existing easements. There shall be no filing or permit requirements where the utility facilities are to be located on existing easements, or on customer’s property for the purpose of providing utility service to the customer provided, that upon completion of and addition to, or extension, construction or installation of a public utility on existing easements or customer’s property, the utility shall file with the City Clerk a map showing the type, size, depth, capacity and location of the addition, extension, construction or installation.
(E) Construction requiring a permit. No construction of utility facilities requiring a filing for a permit shall be commenced until either official response has been received from the appropriate authority, or 60 days has elapsed from the date of filing, which shall constitute approval.
(F) Temporary permits or emergency approval. Recognizing that public utilities services must provide adequate and timely service to the public, and that emergency situations may occur, the Council may issue temporary permits or emergency approval for the extension, addition, or construction of utility facilities when necessary. However, the utility shall immediately proceed to file or make its application under the appropriate section hereof.
(Prior Code, § 601.24) Penalty, see § 10.99