§ 40-295. Issuance; review.

(a)

The director shall forward copies of the application to the city engineer, the utility official, and the parks official for their review pursuant to subsections (b) and (c) prior to his acting on the application. Upon its approval under subsections (b) and (c) the director shall review and approve the application for the facility unless he finds:

(1)

That the application or required information furnished therewith is incomplete;

(2)

That any statement on the application or information furnished therewith is false in any material respect; or

(3)

That the applicant's proposed facility does not comply in any manner with the requirements of this article and regulations adopted hereunder.

(b)

Each application shall also be referred by the director to the utility official and the city engineer who shall review the proposed facility to determine whether its installation or maintenance will interfere with any existing or planned improvement of the city or any existing or planned improvement by a utility that is known by the city. The director, as a condition for approval of the permit, may require an applicant to furnish, from utilities that are not owned, operated, or maintained by the city, letters of release; or leases, licenses, or other instruments that have been duly recorded in the office of the county clerk where the facility is to be situated, evidencing the applicant's right to utilize the site. The city engineer may also refer copies of the application to utilities for comment or may require the applicant to do so. The city engineer and utility official shall approve the application unless they find that the proposed facility will interfere with existing or planned lines or improvements of the city or any utility. The approval of the application by the city engineer and utility official shall not be deemed to excuse any obligation of a permittee to pay relocation fees as provided in subsection 40-288(c) of this Code.

(c)

Each application shall also be referred to the parks official who shall review the same to determine whether the facility would cause any significant damage to trees or landscaping. The parks official shall approve the application if he finds that all reasonable precautions have been taken to avoid permanent damage to trees and landscaping.

(d)

The director may condition the approval upon any revisions that the director, the city engineer, the utility official, or the parks official determines to be necessary in the design of the proposed facility to meet the standards specified in this article. Additionally, the director shall condition the approval upon the furnishing of any requirement of this article which was not submitted with the application. The amount of the bond shall be specified by the director.

(e)

If an application is not approved, the director shall notify the applicant thereof and of the reasons therefor in writing.

(Ord. No. 91-1157, § 1, 8-14-91; Ord. No. 2012-522, § 9, 5-30-2012, eff. 7-1-2012)