[Ord. No. 2848 §4, 10-15-2007]
As used in this Article, the following terms shall have the
following meanings:
DIRECTOR
The City's Public Works Director or such other person designated
to administer and enforce this Article.
FACILITIES
A network or system or any part thereof used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment; provided
however, that facilities shall not include individual service drops
of fifty (50) feet or less, temporary construction facilities or private
sewer laterals.
FACILITIES PERMIT
A permit granted by the City for placement of facilities
on private property.
PERSON
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
SERVICE
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
[Ord. No. 2848 §4, 10-15-2007]
A. Any
person desiring to place facilities on private property must first
apply for and obtain a facilities permit in addition to any other
permit, license, easement, franchise or authorization required by
law. The Director may design and make available standard forms for
such applications, requiring such information as allowed by law and
as the Director determines in his or her discretion to be necessary
and consistent with the provisions of this Article and to accomplish
the purposes of this Article. Each application shall at minimum contain
the following information, unless otherwise waived by the Director.
1. The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
2. A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation.
B. Each
such application shall be accompanied by an application fee approved
by the City to cover the cost of processing the application.
C. Application Review And Determination.
1. On receipt of an application for a new or expanded facilities installation,
the Director shall provide written notice of the proposed work and
location to the owner of the property on which the new or expanded
facilities are proposed and to the owners of all adjoining properties.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days.
2. Unless the application is denied pursuant to paragraph (5) hereof,
the Director shall issue a facilities permit upon determining that
the applicant:
a. Has submitted all necessary information;
b. Has paid the appropriate fees; and
c. Is in full compliance with this Article and all other City ordinances.
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The Director may establish procedures for bulk processing of
applications and periodic payment of fees to avoid excessive processing
and accounting costs.
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3. It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sight lines
or degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes
the Director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
4. An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
5. The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
a. Delinquent fees, costs or expenses owed by the applicant;
b. Failure to provide required information;
c. The applicant being in violation of the provisions of this Article
or other City ordinances;
d. For reasons of environmental, historic or cultural sensitivity as
defined by applicable Federal, State or local law;
e. For the applicant's refusal to comply with reasonable conditions
required by the Director; and
f. For any other reason to protect the public health, safety and welfare,
provided that such denial does not fall within the exclusive authority
of the Missouri Public Service Commission and is imposed on a competitively
neutral and non-discriminatory basis.
D. Permit Requirements.
1. Each facilities permit issued by the Director shall include:
a. Projected commencement and termination dates for the permitted work;
b. The location of any proposed and existing facilities and a description
of the work to be performed; and
c. Such conditions, requirements and other information deemed reasonably
necessary by the Director.
2. Work shall be performed only in accordance with the facilities permit
and in compliance with all applicable technical codes and other laws.
At all times during the work, the facilities permit shall be conspicuously
displayed at the work site and shall be available for inspection by
the Director.
E. Permit Revocation And Ordinance Violations.
1. The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Article.
Prior to revocation the Director shall provide written notice to the
responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
a. A material violation of the facilities permit or this Article;
b. An evasion or attempt to evade any material provision of the permit
or this Article or the perpetration or attempt to perpetrate any fraud
or deceit upon the City or its residents;
c. A material misrepresentation of fact in the permit application;
d. A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
e. A failure to correct, upon reasonable notice and opportunity to cure
as specified by the Director, work that does not conform to applicable
national safety ordinances, industry construction standards or the
City's pertinent and applicable ordinances, including, but not limited
to this Article, provided that City standards are no more stringent
than those of a national safety ordinance.
2. Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Article and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
F. Appeals And Alternative Dispute Resolution.
1. Any person aggrieved by a final determination of the Director may
appeal in writing to the Assistant to the Mayor within five (5) business
days thereof. The appeal shall assert specific grounds for review
and the Assistant to the Mayor shall render a decision on the appeal
within fifteen (15) business days of its receipt affirming, reversing
or modifying the determination of the Director. The Assistant to the
Mayor may extend this time period for the purpose of any investigation
or hearing deemed necessary. A decision affirming the Director's determination
shall be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the Assistant to the Mayor may file a petition for review pursuant
to Chapter 536, RSMo., as amended, in the Circuit Court of the County
of St. Louis. Such petition shall be filed within thirty (30) days
after the Assistant to the Mayor's final determination.
2. On agreement of the parties and in addition to any other remedies,
any final decision of the Assistant to the Mayor may be submitted
to mediation or binding arbitration.
a. In the event of mediation, the Assistant to the Mayor and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
b. In the event of arbitration, the Assistant to the Mayor and the applicant
shall agree to a single arbitrator. The costs and fees of the arbitrator
shall be borne equally by the parties. If the parties cannot agree
on an arbitrator, the matter shall be resolved by a three (3) person
arbitration panel consisting of one (1) arbitrator selected by the
Assistant to the Mayor, one (1) arbitrator selected by the applicant
or facilities owner and one (1) person selected by the other two (2)
arbitrators, in which case each party shall bear the expense of its
own arbitrator and shall jointly and equally bear with the other party
the expense of the third (3rd) arbitrator and of the arbitration.
Each party shall also pay its own costs, disbursements and attorney
fees.
[Ord. No. 2848 §4, 10-15-2007; Ord. No. 3341 §
1, 8-16-2017]
A. The following general regulations apply to the placement and appearance
of facilities:
1.
Facilities shall be placed underground, except when conditions
are such that underground construction is impossible, impractical
or economically unfeasible, as determined by the City, and when in
the City's judgment the aboveground construction has minimal aesthetic
impact on the area where the construction is proposed. Facilities
shall not be located so as to interfere or be likely to interfere
with any public facilities or use of public property.
2.
Facilities shall be located in such a manner as to reduce or
eliminate their visibility. Non-residential zoning districts are preferred
to residential zoning districts. Preferred locations in order of priority
in both type districts are:
a.
Thoroughfare landscape easements;
c.
Street side yards on a corner lot behind the front yard setback.
Placements within side yards not bordered by a street or within front
yards are discouraged.
3.
Facilities shall be a neutral color and shall not be bright,
reflective or metallic. Black, gray and tan shall be considered neutral
colors, as shall any color that blends with the surrounding dominant
color and helps to camouflage the facilities. Sightproof screening,
landscape or otherwise, may be required for facilities taller than
three (3) feet in height or covering in excess of four (4) square
feet in size. Such screening shall be sufficient to reasonably conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be approved by the Director prior to installation
of any facility requiring landscape screening. The person responsible
for the facilities shall be responsible for the installation, repair
or replacement of screening materials. Alternative concealment may
be approved by the Director to the extent it meets or exceeds the
purposes of these requirements.
4.
Facilities shall be constructed and maintained in a safe manner
and so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
5.
No person shall place or cause to be placed any sort of signs,
advertisements or other extraneous markings on the facilities, except
such necessary minimal markings approved by the City as necessary
to identify the facilities for service, repair, maintenance or emergency
purposes or as may be otherwise required to be affixed by applicable
law or regulation.
6.
All aboveground utility facilities shall be enclosed by a masonry
wall, and said wall must be six (6) feet in height, except when conditions
are such that a masonry wall is impossible, impractical or economically
unfeasible, as determined by the City, and when in the City's judgment
an alternate enclosure has minimal aesthetic impact on the area where
it is proposed.
7.
If the application of this Subsection excludes locations for
facilities to the extent that the exclusion conflicts with the reasonable
requirements of the applicant, the Director shall cooperate in good
faith with the applicant to attempt to find suitable alternatives,
but the City shall not be required to incur any financial cost or
to acquire new locations for the applicant.
B. Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced, and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
C. The applicant shall provide written notice, at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities, to the owner of the property on which the work is
to be performed and to the owners of all adjoining properties. Notice
shall include a reasonably detailed description of work to be done,
the location of work and the time and duration of the work.
D. At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
E. If a person installs facilities without having complied with the
requirements of this Article or abandons the facilities, said person
shall remove the facilities, and, if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.
F. Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code, including, but
not limited to, building codes, zoning requirements and the Rights-Of-Way
Usage Code in addition to the regulations provided herein.