[Ord. No. 7042, 8-24-2023]
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 of Planning and Development may design and make
available standard forms for such applications, requiring such information
as allowed by law and as the Director of Planning and Development
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 of Planning and
Development:
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 (including
an identification of the interest of the applicant or the facilities
owner in the property where the facilities are proposed to be located)
and their proximity to other facilities that may be affected by their
installation.
B. Each such application shall be accompanied by an application fee
in the sum of one hundred fifty dollars ($150.00) or such other amount
as may be 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 of Planning and Development 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 of Planning
and Development 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 Subsection (c)(5)
hereof, the Director of Planning and Development 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.
The Director of Planning and Development 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 of Planning and Development 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 Planning and Development of any material changes in
the information submitted in the application or included in the permit.
The Director of Planning and Development may issue a revised facilities
permit or require that the applicant reapply for a facilities permit.
5.
The Director of Planning and Development 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 of Planning and Development; 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 of Planning and Development 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 of
Planning and Development 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 of Planning and Development 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 of Planning and Development,
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 of Planning and Development may initiate prosecution
of the applicant or the facilities owner for such violation.
E. Appeals And Alternative Dispute Resolution.
1.
Any person aggrieved by a final determination of the Director
of Planning and Development may appeal in writing to the Director
of Planning and Development within five (5) business days thereof.
The appeal shall assert specific grounds for review and the Director
of Planning and Development shall render a decision on the appeal
within fifteen (15) business days of its receipt affirming, reversing
or modifying the determination of the Director of Planning and Development.
The Director of Planning and Development may extend this time period
for the purpose of any investigation or hearing deemed necessary.
A decision affirming the Director of Planning and Development'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 Director of Planning and Development may file a petition for review
pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of
the County of St. Charles. Such petition shall be filed within thirty
(30) days after the Director of Planning and Development's final determination.
2.
On agreement of the parties and in addition to any other remedies,
any final decision of the Director of Planning and Development may
be submitted to mediation or binding arbitration.
a.
In the event of mediation, the Director of Planning and Development
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 Director of Planning and Development
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 Director of Planning and Development, 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 arbitrator and of the
arbitration. Each party shall also pay its own costs, disbursements
and attorney fees.
[Ord. No. 7042, 8-24-2023]
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:
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 of Planning
and Development 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 of Planning
and Development 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 of Planning and Development
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 of Planning and Development and to
the Director of Planning and Development's satisfaction.
C. The applicant shall provide written notice to the owner of the property
on which the new or expanded facilities are to be installed and to
the owners of all adjoining properties at least forty-eight (48) hours
prior to the date of 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 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.