A. Mandatory Denial: Except in an emergency, no right-of-way permit will be granted:
1. To any person required by Section 7-6-5 of this Chapter to be registered who has not done so;
2. To any person required by Section 7-6-7 of this Chapter to file an annual report but has failed to do so;
3. For any next-year project not listed in the construction and major maintenance plan required under Section 7-6-7 of this Chapter;
4. For any project which requires the excavation of any portion of a right of way which was constructed or reconstructed within the preceding five (5) years;
5. To any person who has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of this Chapter;
6. To any person as to whom there exists grounds for the revocation of a permit under Section 7-6-21 of this Chapter; or
7. If, in the discretion of the Director, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The Director, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right of way, and by considerations relating to the public health, safety and welfare.
B. Permissive Denial: The Director may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right of way, or when necessary to protect the right of way and its users. The Director, in her or his discretion, may consider one or more of the following factors:
1. The extent to which right-of-way space where the permit is sought is available;
2. The competing demands for the particular space in the right of way;
3. The availability of other locations in the right of way or in other rights of way for the equipment of the permit applicant;
4. The applicability of ordinance or other regulations of the right of way that affect location of equipment in the right of way;
5. The degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations;
6. The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right of way;
7. The condition and age of the right of way, and whether and when it is scheduled for total or partial reconstruction; and
8. The balancing of the costs of disruption to the public and damage to the right of way, against the benefits to that part of the public served by the expansion into additional parts of the right of way.
C. Discretionary Issuance: Notwithstanding the provision of subsection A3 and A4 of this Section, the Director may issue a permit in any case where the permit is necessary: 1) to prevent substantial economic hardship to a customer of the permit applicant, or 2) to allow such customer to materially improve its utility service, or 3) to allow a new economic development project, or 4) otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of next-year projects.
D. Permits For Additional Next-Year Projects: Notwithstanding the provisions of subsection A3 of this Section, the Director may issue a permit to a registrant who was allowed under subsection 7-6-7B of this Chapter, to submit an additional next-year project, such permit to be subject to all other conditions and requirements of law, including such conditions as may be imposed under Section 7-6-10 of this Chapter. (Ord. 217, 6-22-1998)