[Ord. No. 1641 §4(A), 12-18-2007]
The following terms shall have the following meanings unless
otherwise defined by context:
The City's Public Works Director or such other person designated
to administer and enforce this Chapter.
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.
A permit granted by the City for placement of facilities
on private property.
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.
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. 1641 §4(B), 12-18-2007]
A.
Any person
desiring to place facilities on private property must first apply
for and obtain a facilities permit, in addition to any other building
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 Chapter and to accomplish
the purposes of this Chapter. 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, locations 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.
The
Director shall promptly review each application and shall grant or
deny the application within thirty-one (31) days. Unless the application
is denied pursuant to Subparagraph (4) 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 Chapter 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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2.
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.
3.
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.
4.
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 Chapter 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 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 Chapter.
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 Chapter;
b.
An
evasion or attempt to evade any material provision of the permit or
this Chapter 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 Chapter, 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 Chapter and in lieu of revocation the
Director may initiate prosecution of the ROW user for such violation.
E.
Appeals And Alternative Dispute Resolution.
1.
Any
person aggrieved by a final determination of the Director may appeal
in writing to the City Manager within five (5) business days thereof.
The appeal shall assert specific grounds for review and the City Manager
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 City Manager 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 City Manager may file
a petition for review pursuant to Chapter 536, RSMo., as amended,
in the Circuit Court of St. Louis County, Missouri. Such petition
shall be filed within thirty (30) days after the City Manager's final
determination.
2.
On agreement
of the parties and in addition to any other remedies, any final decision
of the City Manager may be submitted to mediation or binding arbitration.
a.
In
the event of mediation, the City Manager 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 City Manager 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
City Manager, one (1) arbitrator selected by the applicant or ROW
user 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. 1641 §4(C), 12-18-2007]
A.
The following
general regulations apply to the placement and appearance of facilities:
1.
Facilities
shall be placed underground, except when other similar facilities
exist above ground or 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 above ground 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:
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. Sight-proof 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.
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 to all property owners within one hundred
eighty-five (185) feet of the site at least forty-eight (48) hours
prior to any installation, replacement or expansion of its facilities.
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 Chapter 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 rights-of-way management
regulations in addition to the regulations provided herein.
