§ 98.109  ACTION ON PERMIT APPLICATIONS.
   (A)   City review of permit applications.
      (1)   Completed permit applications, containing all required documentation, shall be examined by the Director of Public Works within a reasonable time after filing.
      (2)   If the application does not:
         (a)   Conform to the requirements of applicable ordinances, codes, laws, rules and regulations; or
         (b)   Substantially conform to any proposed facilities plan submitted by the applicant pursuant to § 98.108(C)(4) within the previous 18 months, the Director of Public Works shall reject such application in writing, stating the reasons therefor.
      (3)   If the Director of Public Works is satisfied that the proposed work conforms to the requirements of this subchapter and applicable ordinances, codes, laws, rules and regulations, the Director of Public Works shall issue a permit therefor as soon as practicable.
      (4)   (a)   In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Director of Public Works, that the construction proposed under the application shall be in full compliance with the requirements of this subchapter.
         (b)   No application from the same applicant for facilities not included in any proposed facilities plan shall be approved within six months after submission of such plan without a variance pursuant to § 98.125.
   (B)   Additional city review of applications of telecommunications retailers.
      (1)   (a)   Pursuant to § 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the city that it intends to commence work governed by this subchapter for facilities for the provision of telecommunications services.
         (b)   Such notice shall consist of plans, specifications and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the city not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation.
         (c)   The Director of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
      (2)   In the event that the Director of Public Works fails to provide such specification of location to the telecommunications retailer within either:
         (a)   Ten days after service of notice to the city by the telecommunications retailer in the case of work not involving excavation for new construction; or
         (b)   Twenty-five days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this subchapter.
      (3)   Upon the provision of such specification by the city, where a permit is required for work pursuant to § 98.108 the telecommunications retailer shall submit to the city an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed.
         (a)   Such application shall be subject to the requirements of division (A) above.
   (C)   Additional city review of applications of holders of state authorization under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a state-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted 45 days after submission to the city, unless otherwise acted upon by the city, provided the holder has complied with applicable city codes, ordinances and regulations.
(Prior Code, § 37-94)  (Ord. 07-37, passed 10-15-2007; Ord. 2008-04, passed 1-7-2008; Ord. 2016-56, passed 10-3-2016)