[Ord. No. 1121 §4, 11-28-2007]
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 Article.
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 storm water 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. 1121 §4, 11-28-2007]
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/her discretion to be necessary
and consistent with the provisions of this Section and to accomplish
the purposes of this Section. 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,
location 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 Subsection (C)(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 Section 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 Section
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 Section.
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 applicants 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 Section 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 the County of St.
Louis. 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. 1121 §4, 11-28-2007]
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 Section 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.
