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(a) Applicants for franchise permits shall be granted a franchise permit hereunder, which shall be valid for as long as said franchise is valid and as long as the applicable provisions of that franchise and of this chapter 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 chapter, for purposes directly related to the provision of the specific services for which the permittee 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 Section 1021.03, which shall be granted upon application and compliance with the terms and standards required.
(b) 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 Village Manager 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 Section 1201.05, the applicant should be granted a permit hereunder. 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 Village Manager shall determine if the application is in order. If so, and if the Village Manager also finds, in accordance with the criteria set forth in Section 1021.05, that the application should be granted, the Village Manager shall conditionally grant or renew such a permit. Such conditional special permit shall become final unless modified or rejected by Council within thirty days of issuance by the Village Manager. The term of such permits shall be two years unless the applicant requests a lesser term.
(d) Applicants for residential permits shall file an application therefor, in such form as the regulations require, along with an application fee as set forth in the regulations. The Village Manager or the Village Manager's designate shall determine if the application is in order and, if so, shall grant the application as long as the Village Manager also finds, in accordance with the criteria set forth in Section 1021.05, that the application should be granted. Residential permits shall be valid until canceled by the Village Manager upon sixty days written notice to the permittee, provided, however, that upon a finding by the Village Manager that an emergency exists, the Village Manager may cancel any such permit upon such lesser notice as is necessary under the circumstances. Said notice shall be deemed to be sufficient if it is reasonably mailed to or left at the residence benefiting from the residential permit.
(e) Any applicant may appeal the failure of the Village Manager to grant a permit or to recommend it to be granted upon terms and conditions acceptable to the applicant. In order to perfect such an appeal, the applicant shall file, within ten days of the Village Manager's determination or recommendation, or within ninety days of the filing of the application if the Village Manager 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) Any non-residential permittee shall, within thirty days of the initial granting of any permit hereunder, pay a pro-rata portion of the fees required by Section 1021.07(b) or (c), as applicable.
(Ord. 97-01. Passed 1-21-97.)