A. Permit Required. No person shall occupy or encroach on public right of way , nor store materials in, or perform work, or place, relocate or maintain facilities located within public right of way without first obtaining a Right of Way Permit from the City. No permit shall be granted if the applicant has any outstanding payments due to the City under this chapter or Chapter 3.32. No permit shall be issued for an excavation in a pavement surface less than 2 years old unless the applicant can clearly demonstrate to the City Engineer’s satisfaction that public health or safety require the work to be performed or unless an emergency exists. No permit shall be issued for an excavation in any pavement unless the applicable degradation fee has been paid.

B. Exceptions.

C. Permit Application and Review. The City Engineer is authorized to establish application forms, reasonable right of way management procedures, terms, and conditions for the permit, approve or deny permit applications, and perform such other acts as provided by this ordinance. The City Engineer shall, within 10 days of receipt of a complete permit application, issue a written determination granting, granting with conditions, or denying the permit in whole or in part. If the permit is denied, the written determination shall include the reasons for denial. The permit shall be evaluated based upon the demonstrated ability of the permit applicant to meet the terms of this chapter, the continuing capacity of the public right of way or public easement to accommodate the permit applicant’s proposed facilities and the applicable federal, state and local laws, rules and policies. If denied, the applicant may appeal to the City Council.

D. Permit Nonexclusive. The permit is not exclusive. The City expressly reserves the right to grant permits or rights to other persons, as well as the City’s right to use the right of way for similar or different purposes, as allowed hereunder. The permit is subject to all recorded deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the right of way. Nothing in the permit shall be deemed to grant, convey, create, or vest in user a real property interest in land, including any fee, leasehold interest, or easement.

E. Reservation of City Rights. Nothing in the permit shall be construed to prevent the City from constructing sewers, grading, paving, repairing and/or altering any right of way, laying down, repairing or removing water or sewer mains, or constructing or establishing any other public work, utility or improvement, including repairs, replacement or removal of City facilities. If any of user’s facilities interferes with the construction or repair of any right of way, public work, City utility, City improvement, or City facility, and the City and user are unable to find a reasonable alternative, user’s facilities shall be removed or relocated as provided in Section 13.36.050 below, in a manner acceptable to the City, and subject to industry standard engineering and safety codes.

F. Permit Fee. The permit fee is established by resolution of the City Council and will be in an amount which helps to defray the costs of design reviews, construction observation and administration of the requirements of this Chapter. The permit fee will include a degradation fee for all requested excavations to pavements less than 10 years old. The degradation fee will be deposited in the City’s Street Fund for the ongoing maintenance of City streets.

G. Permit Securities. Along with the application for the Right of Way Permit, the applicant shall deposit such securities as required by the City Engineer to comply with the provisions of this Chapter and with the specifications of the City Engineer pertaining to the conduct of the work. Securities may include the securities required by Section 13.36.140 and both a performance guarantee and a warranty guarantee as required by Chapter 16.12.

H. Application Requirements. Applications for the Right of Way Permit shall conform to the following minimum requirements. Applications shall conform to the requirements of the City Engineering Standards and be accompanied by the permit fee. Applications for permits to construct, install or modify facilities within a public right of way must be accompanied by documentation, drawings, plans and specifications as required by the Engineering Standards. The documentation, drawings, plans and specifications must be in sufficient detail to demonstrate or show that the facilities will be constructed or installed in accordance with all applicable codes, rules and regulations and that the facilities will be constructed or installed in accordance with the applicant’s franchise agreement, if any. All documentation, drawings, plans and specifications submitted with permit applications must be accompanied by the verification of a registered professional engineer that the drawings, plans and specifications comply with applicable technical codes, rules and regulations. In the City Engineer’s sole discretion, documents, drawings, plans and specifications may be verified by a person who is not a registered engineer but who is a qualified and authorized representative of the applicant. All permit applications must be accompanied by a written schedule, including the anticipated deadline for completion of the work. The schedule is subject to approval by the City Engineer.

I. Assignment. Except as provided below, a Right of Way Permit cannot be assigned or transferred without the prior written consent of the City, which consent may not be unreasonably withheld, conditioned, or delayed. User may assign a permit to a parent, subsidiary, affiliate, or to any entity that acquires all or substantially all the equity or assets of user by sale, merger or otherwise without the consent of the City, but upon written notice to the City.

J. Franchise.