(A) Applicants for franchise permits shall be granted a franchise permit hereunder which shall be valid so long as the franchise is valid and the applicable provisions of that franchise and of this subchapter are complied with; provided, however, that a franchise permit shall only entitle the franchise permittee to utilize the rights-of-way, in accordance with this subchapter, for purposes directly related to the provision of the specific services for which it has a specific franchise. Any other right-of-way use by such permittee shall require a separate permit of another available type, as outlined in § 94.003, which shall be granted upon application and compliance with the terms and standards required.
(B) (1) Applicants for general permits, or renewals thereof, shall file an application therefor, in such form as the regulations require, along with an application fee as also set forth in the regulations (which may contain disparate fees for initial permits and renewal permits). The Director shall determine if the application is in order and, if so, make a recommendation to Council as to whether or not, in accordance with the criteria set forth in § 94.005, the applicant should be granted a permit hereunder.
(2) Council shall then consider such recommendation and make a final determination as to whether or not such permit should be granted and if so, upon what terms and conditions. The term of such permit shall be for five years. Any person proposing to operate an open video system (OVS) shall be required to obtain a general permit.
(C) Applicants for special permits, or renewals thereof, shall file an application therefor in such form as the regulations require, along with an application fee as also set forth in the regulations (which may require disparate fees for initial permits and renewal permits). The Director shall determine if the application is in order, and if so, and if the Director also finds, in accordance with the criteria set forth in § 94.005, that the application should be granted, the Director shall conditionally grant or renew such a permit. Such conditional special permit shall become final unless modified or rejected by Council within 30 days of issuance by the Director. The term of such permits shall be two years unless the applicant requests a lesser term.
(D) Permits for residential related purposes are not required, with the stipulations that such uses:
(1) Exist and continue at the sufferance of the municipality;
(2) May not jeopardize or adversely affect the public health, welfare, morals, or safety;
(3) May not interfere with the municipality’s own uses of the rights-of-way; and
(4) Must be modified, moved, or removed, upon notice, when the municipality 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 municipality 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 Director to grant a permit or to recommend it to be granted upon terms and conditions acceptable to the applicant. In order to perfect such appeal, the applicant shall file, within ten days of the Director’s determination or recommendation or 90 days of the filing of the application if the Director has taken no action, an appeal to Council. Council shall then review the matter and render a final determination after affording the applicant an opportunity to be heard either in person or in writing. Except to the extent otherwise appealable by law, Council’s decision shall be final.
(F) Permittee shall, within 30 days of the initial granting of any permit hereunder, pay a pro-rata portion of the fees required by § 94.007(B) or (C) as applicable.
(Ord. 97-105, passed 2-3-1997) Penalty, see § 94.999