(A) Applications for a general right-of-way permit by a holder of a franchise shall be filed with the Director in such form and in such manner as the regulations require. There shall be no application fee. Any person holding a valid franchise shall be granted a general right-of-way permit. Such general right-of-way permit shall be valid so long as the underlying franchise is valid and the applicable provisions of that franchise, the right-of-way permit and of this chapter are complied with; provided, however, that such right-of-way permit shall only relate to and entitle the permittee to utilize the rights-of-way, in accordance with this chapter, for purposes directly related to the provision of the specific services for which it has a franchise. Any other right-of-way use by such permittee shall require a separate or amended right-of-way permit issued pursuant to § 97.04(B).
(B) All other applications for general right-of-way permits, or amendments or renewals thereof, shall be filed with the Director in such form and in such manner as the regulations require, along with an application fee of $500. The Director shall determine if the application is in order and shall, within 45 days of the receipt of a complete application, issue a written report regarding such application. The report shall recommend that the Right-of-Way Board deny or grant the right-of-way permit, subject to any appropriate terms and conditions, in accordance with the criteria set forth in this chapter. The Director’s report shall be served upon the applicant by mail along with a notice of when the Right-of-Way Board will consider the same. The Right-of-Way Board shall then consider such recommendation and make a final determination in writing, within 15 days of the Director’s report, as to whether or not such right-of-way permit should be granted and if so, upon what terms and conditions. The term of each such general right-of-way permit shall be for ten years from issuance, or such lesser term as the applicant requests.
(C) An application for a limited right-of-way permit, or renewal thereof, shall be filed in such form and in such manner as the regulations require, along with an application fee of either (i) $50 for a limited right-of-way permit for residential purposes, or (ii) $250 for all others. If the Director determines that the application is in order and that the criteria set forth in § 97.05 have been met, and that the application should be granted, the Director shall, within 45 days of a receipt of a completed application, conditionally grant or renew such a right-of-way permit subject to any appropriate terms and conditions or deny the same. The Director’s conditional grant, renewal or denial shall be served upon the applicant by mail. Such conditional denial, grant or renewal shall become final unless modified or rejected by the Right-of-Way Board within 15 days of issuance by the Director. The term of such limited right-of-way permits shall be three years from issuance, or such lesser term as the applicant requests. A limited right-of-way permit for residential purposes may be granted for an indefinite term from issuance, but may be cancelled by the Director with 60 days written notice.
(D) Any applicant may appeal the failure of the Director to conditionally grant a right-of-way permit, or to recommend it to be granted upon terms and conditions acceptable to the applicant, to the Right-of-Way Board. In order to perfect such appeal, the applicant shall file, within ten days of the Director’s determination or recommendation, or within 45 days of the filing of the application if the Director has taken no action, an appeal to the Right-of-Way Board. The Right-of-Way Board shall then review the matter and after affording the applicant an opportunity to be heard either in person or in writing render a final determination within 15 days of the filing of the appeal, unless such period is waived by the applicant. Except to the extent otherwise appealable by law, the Right-of-Way Board’s decision shall be final with regard to all decisions regarding limited right-of-way permits. Decisions of the Right-of-Way Bard regarding general right-of-way permits may be appealed to the Village Council. Such appeal shall be filed with the Clerk of the Council in such form as the regulation requires, within 15 days of the decision appealed from. Decisions of Council on such appeals shall be final.
(E) Any right-of-way permittee shall, within 30 days of the granting or renewal of any right-of-way permit hereunder, if and as applicable, pay a pro-rata portion of the fees required by § 97.07(B) or (C); provided, however, that should the permittee appeal, and during the pendency thereof the permittee does not use or occupy any right-of-way, the permittee shall not be required to pay such pro-rata portion of said fees until such appeal has been finally determined.
(Ord. 10-12-05, passed 1-4-11) Penalty, see § 97.99