(A) Mandatory denial. Except in an emergency, no right-of-way permit will be granted:
(1) To any person required to be registered who has not done so;
(2) To any person required 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;
(4) For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding 5 years;
(5) To any person who has failed within the past 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; or
(7) If, in the discretion of the Council, 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.
(8) The Council, 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.
(1) The Council 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.
(2) The Council may consider 1 of more of the following factors:
(a) The extent to which right-of-way space where the permit is sought is available;
(b) The competing demands for the particular space in the right-of-way;
(c) The availability of other locations in the right-of-way;
(d) The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way;
(e) The degree of compliance of the applicant with the terms and conditions of its franchise,
(f) The degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way;
(g) The condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and
(h) 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 provisions of § 90.016(A)(3) and (4), the Council 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;
(2) To allow the customer to materially improve its utility service; or
(3) To allow a new economic development project, or 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 the applicant was required to submit its list of next-year projects.
(D) Permits for additional next-year projects. Notwithstanding the provisions of § 90.016(A)(3) above, the Council may issue a permit to a registrant who was allowed under § 90.007(B), to submit an additional next-year project, the permit to be subject to all other conditions and requirements of law, including conditions as may be imposed under § 90.010.
(Ord. –, § 301.16, passed 9-2-1997)