§ 95.059 ACTION ON APPLICATION.
   Upon receipt of an application pursuant to § 95.058, the Department of Public Works shall consider the application and determine whether the utility may safely and reasonably be installed in the public right-of-way as proposed. The issuance of a permit for placement of a utility pursuant to this subchapter shall be in the discretion of the Department of Public Works and shall not be issued as a matter of right. The Department of Public Works may condition the issuance of a permit upon additional requirements, or may refuse to grant a permit. In considering an application, the Department shall consider the following factors:
   (A)   Whether the proposed utility is consistent with existing and proposed future uses of the right-of-way;
   (B)   Whether the proposed utility may be installed and maintained without risk of damage or interference with other existing or proposed utilities;
   (C)   The benefit to be derived from the proposed utility and the availability of alternatives to placement of the utility in the public right-of- way;
   (D)   Potential interference or additional burden upon established public utilities of governmental units and franchise holders, which public utilities shall have priority; and
   (E)   Other relevant factors and circumstances.
(Prior Code, § 5-1B1-5) (Ord. 411, passed 2-17-1992)