08-13-1997 Council Agenda - Laserfiche WebLink

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Subd. 2. Permissive Denial. The Director may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right -of -way, or when necessary to protect the right -of -way and its users. The Director, in her or his discretion, may consider one of more of the following factors: (a) the extent to which right -of -way space where the permit is sought is available; (b) the competing demands for the particular space in the right -of -way; (c) the availability of other locations in the right -of -way or in other rights -of -way for the equipment of the permit applicant; (d) the applicability of ordinance or other regulations of the right -of -way that affect location of equipment in the right -of -way; (e) the degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations; (f) the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right -of -way; (g) the condition and age of the right -of -way, and whether and when it is scheduled for total or partial reconstruction; and (h) the balancing of the costs of disruption to the public and damage to the right -of -way, against the benefits to that part of the public served by the expansion into additional parts of the right -of -way. Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Sec. 1.16 subd. 1, (c) and (d), the Director may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next -year Projects. Subd. 4. Permits for Additional Next -year Projects. Notwithstanding the provisions of Section 1.16 subd. 1 (c) above, the Director may issue a permit to a registrant who was allowed under Section 1.07 Subd. 2, to submit an additional Next -year Project, such permit to be subject to all other conditions and requirements of law, including such conditions as may be imposed under Section 1.10. Sec. 1.17. Installation Requirements. The excavation, backfilling, repair and restoration, and all other work performed in the right -of- way shall be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the Director and at a location as required by Section 1.23. Page 82