[R.O. 1998 § 400.980; Ord. No. 2501 §4, 10-10-2007]
As used in this Article, the following
terms shall have the following meanings:
DIRECTOR
The City's Director of Public Services or such other person
designated to administer and enforce this Article.
FACILITIES
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.
FACILITIES PERMIT
A permit granted by the City for placement of facilities
on private property.
PERSON
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.
SERVICE
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 stormwater 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.
[R.O. 1998 § 400.985; Ord. No. 2501 §4, 10-10-2007; Ord. No. 2569 §2, 10-9-2008]
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 may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the Director 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:
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 Article
and all other City ordinances. The Director may establish procedures
for bulk processing of applications and periodic payment of fees to
avoid excessive processing and accounting costs.
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 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; 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 Article. 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 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, 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 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 Administrator within
five (5) business days thereof. The appeal shall assert specific grounds
for review and the City Administrator 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
Administrator 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 Administrator 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 Administrator's final determination.
2.
On agreement of the parties and in
addition to any other remedies, any final decision of the City Administrator
may be submitted to mediation or binding arbitration.
a.
In the event of mediation, the City
Administrator 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 Administrator 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 Administrator, 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 arbitrator
and of the arbitration. Each party shall also pay its own costs, disbursements
and attorney fees.
[R.O. 1998 § 400.990; Ord. No. 2501 §4, 10-10-2007]
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 aboveground 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.
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 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.