(a) Applicants for Public Utility Permits, or renewals thereof, shall file an application therefor in such form as the City Manager may require along with an application fee of One Thousand Dollars ($1,000.00). The applicant shall provide along with its application such documentary evidence as is necessary to show that the applicant meets the definition of a public utility. The applicant shall provide such additional information as the City Manager may require to explain, clarify, supplement or verify information and representations contained in the application. The City Manager shall determine if the application is in order and, if so, shall determine whether or not, in accordance with the criteria set forth in Section 902.05, the applicant should be granted a Permit hereunder. The City Manager shall make a final determination as to whether or not such Permit should be granted and, if so, upon what terms and conditions are necessary to accomplish the purposes of this Chapter.
(b) Applicants for Telecommunications Permits, or renewals thereof, shall file an application therefor in such form as the City Manager may require along with an application fee of One Thousand Dollars ($1,000.00). The applicant shall provide such additional information as the City Manager may require to explain, clarify, supplement or verify information and representations contained in the application. The City Manager shall determine if the application is in order and, if so, shall determine whether or not, in accordance with the criteria set forth in Section 902.05, the applicant should be granted a Permit hereunder. The City Manager shall make a final determination as to whether or not such Permit should be granted and, if so, upon what terms and conditions are necessary
to accomplish the purposes of this Chapter.
(c) Applicants for Special Permits, or renewals thereof, shall file an application therefor in such form as the City Manager requires along with an application fee of One Hundred Dollars ($100.00). The applicant shall provide such additional information as the Service Director may require to explain, clarify, supplement or verify information and representations contained in the application. The Service Director shall determine if the application is in order and, if so, and if the Service Director also finds in accordance with the criteria set forth in Section 902.05, that the application should be granted, the Service Director shall grant or renew such a Permit. The terms and conditions of such Permit shall be determined by the Service Director but, in no event, shall the duration of such Permit exceed 10 years.
(d) Permits for de minimis uses are not required, with the stipulations that such uses:
(1) exist and continue at the sufferance of the City;
(2) may not jeopardize or adversely affect the public health, safety or welfare;
(3) may not interfere with the municipality's own uses of the rights of way;
(4) must be modified, moved or removed, upon notice, when the City determines in its sole judgment that such action is necessary; provided further, that in an emergency, or upon failure of the responsible party to respond in a timely fashion, the City may do or contract to do whatever it requires and recover the costs of same as such costs are recoverable by law.
(e) Any Applicant may appeal the failure of the Service Director to grant a Permit. In order to perfect such appeal, the Applicant shall file an appeal to the City Manager within ten (10) days of the Service Director's determination or after thirty (30) days but within one sixty (60) days of the filing of the application if the Service Director has taken no action. The City Manager shall then review the matter and render a final determination, in writing and with appropriate findings of fact, after serving upon the applicant at least twenty (20) days advance written notice of the Permittee's opportunity for a hearing before the City Manager and granting the applicant an opportunity to be heard in person or in writing, as the applicant may chose. Except to the extent otherwise appealable by law, the City Manager's decision shall be final.