2019.03.18 ORD 2019-495 Public Right-of-Way and Telecommuications

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Ordinance 2019-495 Right-of-way and Telecommunication Ordinance (1) The City receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the City may toll the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension; (2) The 90-day deadline may be tolled if the applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the City shall have ten days to notify the applicant in writing of any still -missing information; (3) The City and a small wireless facility applicant agree in writing to waive or extend the review period. Chapter 82, Article IV, Sec. 82-308. — Permit Fees Add and amend the following: (d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee schedule for the City of Hugo, in an amount sufficient to recover: (1) The City management costs; (2) Site plan review costs, and; (3) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (f) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. Chapter 82, Article IV, Sec. 82-311. — Supplementary Applications Amend the following: (a) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required, and (ii) be granted in writing a new permit or permit extension. Chapter 82, Article IV, Sec. 82-316. — Work Done Without a Permit Amend the following: (a) Emergency situations. Each registrant shall immediately notify the director of any event regarding its facilities that it or the City considers to be an emergency. The registrant shall take actions as are reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or property. Excavator's notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Chapter 82, Article IV, Sec. 82-320. — Location and Relocation of Facilities