(a) Permit Required. Any service provider who desires to construct, reconstruct, install, operate, maintain or otherwise locate facilities in, under, over or across any public way of the City will be required to obtain one of the two use permits described below. Any service provider who is currently maintaining, operating, constructing, installing or otherwise locating facilities in, over or across any public way of the City at the time of the effective date of this chapter shall apply for the appropriate use permit within ninety days of the effective date of this chapter. The use permits are as follows:
(1) An outside services use permit is required for the construction, reconstruction, installation, location, operation or maintenance of facilities whose sole purpose is to provide services to persons or areas outside the City.
(2) An inside services use permit is required for the construction, reconstruction, installation, location, operation or maintenance of facilities for the purpose of providing services to any person or area within the City.
(b) Permit Application. Any person who is required to obtain a use permit pursuant to this section shall file an application with the City which shall include the following information:
(1) The identity of the applicant, including all affiliates of the applicant.
(2) A description of the services that will be offered or provided by the applicant over its facilities.
(3) A description of the transmission medium that will be used by the applicant to offer or provide such services.
(4) Preliminary engineering plans, specifications and a network map of the facilities located, or to be located, within the City, all in sufficient detail to identify:
A. The location and route requested for the applicant's proposed facilities on a "to scale" drawing established using State Plane Coordinates and which includes all information listed herein.
B. The location of all overhead and underground public utility, utility, telecommunications, cable, water, sanitary sewer, storm water drainage and other facilities in the public way along the proposed route.
C. The location(s), if any, for interconnection with the facilities of other service providers.
D. The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(5) If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route.
(6) If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
A. The excess capacity currently available in such ducts or conduits before installation of the applicant's facilities; and
B. The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's facilities.
(7) If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
A. The location and depth proposed for the new ducts or conduits; and
B. The excess capacity that will exist in such ducts or conduits after installation of the applicant's facilities
(8) A preliminary construction schedule and completion date.
(9) Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
(10) Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the facilities and services described in the application.
(11) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the services.
(12) All fees, deposits or charges required pursuant to Section 1016.06.
(13) Such other and further information as may be required by the City Manager.
(c) Inside Services Use Permit; Additional Required Information. Any service provider wishing to obtain an inside services use permit must provide the following additional information in its permit application:
(1) An accurate map showing the location of any existing facilities in the City that the applicant intends to use or lease, on a "to scale" drawing established using State Plane Coordinates.
(2) A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions.
(3) A description of the applicant's access and line extension policies.
(4) The area or areas of the City the applicant desires to serve and a schedule for build-out to the entire area addressed by the permit.
(5) All fees, deposits or charges required pursuant to Section 1016.06.
(6) Such other and further information as may be requested by the City Manager.
(d) Determination by the City. Within 120 days after receiving a complete application under subsections (b) and (c) hereof, the City Manager shall issue a written determination granting or denying the application in whole or in part, applying the following standards:
(1) The financial and technical ability of the applicant.
(2) The legal ability of the applicant.
(3) The capacity of the public ways to accommodate the applicant's proposed facilities.
(4) The capacity of the public ways to accommodate additional facilities if the permit is issued.
(5) The damage or disruption, if any, of public or private facilities, structures, improvements, service, travel or landscaping if the permit is issued.
(6) The public interest in minimizing the cost and disruption of construction within the public ways.
(7) The effect, if any, on public health, safety and welfare if the permit is issued.
(8) The availability of alternate routes and/or locations for the proposed facilities.
(9) Applicable Federal and State laws, regulations and policies.
(10) Such other factors as may demonstrate that the permission to use the public ways will serve the community interest.
If the application is denied, the written determination shall include the reasons for denial.
(e) Amendment of Permit.
(1) A new outside services use permit shall be required of any outside services use permit holder that desires:
A. To extend its facilities in the City's public ways; or
B. To locate its facilities in public ways of the City in areas that are not included in a use permit previously issued under this chapter.
(2) A new inside services use permit shall be required of any inside services use permit holder that desires:
A. To extend its designated service area under an inside services use permit; or
B. To locate its facilities in public ways of the City that are not included in an inside services use permit previously issued under this chapter.
(3) If ordered by the City to locate or relocate its facilities in public ways not included in a previously issued permit, the City shall issue a permit amendment consistent with the City's order without further application.
(Ord. 96-149. Passed 5-7-97.)