(A) Application preparation and submittal. The applicant shall initially submit a right-of-way work permit application that shall set forth each item and calculation required by this chapter. The applicant must review the provisions of this chapter and prepare an application package that is responsive to each item and requirement herein. An application checklist is available at the office of the Deputy City Manager, which is intended as a guide, and may not be complete for unique circumstances. Questions regarding the sufficiency of the information proposed to be included on the application should be directed to the Deputy City Manager prior to submitting the application. Similarly, inquiries to the Deputy City Manager regarding the most recent plans for road improvements by the city or work in the right-of-way proposed by other persons are encouraged. No application shall be formally reviewed by the city without submittal of the initial application fee.
(B) Application review.
(1) The Deputy City Manager shall commence review of a formal application for a right- of-way work permit only after it is determined that all required items are included in the application package. The applicant shall be notified in writing within ten working/business days whether the application package is complete and a formal review has commenced, or whether the application package is deficient in some manner. If deficient, the applicant shall arrange a meeting with the Deputy City Manager in order to remedy the deficiency.
(2) The Deputy City Manager shall complete a formal review of the application package within ten working/business days of the mailing of the notice to the applicant that a formal review shall commence.
(3) The Deputy City Manager shall consult with such persons as he or she deems appropriate during the course of the formal review. If additional or different information is determined to be necessary, the ten days of the formal review shall be extended by the period of time from the Deputy City Manager's request for the additional information until it is received by the Deputy City Manager from the applicant.
(C) Permit. Upon completion, and in conjunction with, the formal review, the Deputy City Manager may issue a tentative right-of-way work permit, a tentative right-of-way work permit with conditions, or a denial of the right-of-way work permit.
(1) Tentative permit is issued if the application is approved subject to receipt of a written acceptance and acknowledgment and payment of fees.
(2) Tentative permit with conditions is the same as a tentative permit but the Deputy City Manager has imposed additional conditions or requirements not set forth in the original application and will be issued upon the same terms and conditions as a tentative permit.
(3) Subject to applicable local, state, or federal law, denial of permit shall be issued if the right-of-way has reached capacity within the area in which the applicant proposes to perform work or if the application is not sufficient and has not been amended. This includes a denial because the applicant has not demonstrated sufficient willingness to cooperate with and share the right-of-way improvements therein with other users, present and future. The city may require the applicant to utilize existing or planned facilities within the right-of-way to minimize the impact on the public right-of-way.
(D) Acceptance. No applicant may proceed with any work in a right-of-way until a final permit is issued. A final permit shall be issued upon receipt of:
(1) Applicant's acceptance of the terms of the tentative permit, with or without conditions, if applicable, and an acknowledgment that it accepts and shall abide by all the applicable terms and conditions set forth in this chapter, and the specifications, locations, and details set forth in the application and any conditions imposed by the Deputy City Manager; and
(2) Payment of fees due as determined by the fee schedule in this chapter upon approval of the right-of-way permit.
(E) Exemptions. The following work shall be exempt from submittal of a right-of-way permit application:
(1) Replacement of existing curb, sidewalk, and drive approaches in the right-of-way. Inspection permit must be filed with the City Engineer.
(2) City-owned and managed utilities where work is being performed by the city or city contractor, including but not limited to water, sewer, electric and telecommunications.
(Ord. 9351, passed 7-11-06)