§ 16-176. Application procedure.

(a)

Upon receipt of a completed and signed application, it will be forwarded to the superintendent of public works and the manager of the gas and electric light department for review. The superintendent of public works and the manager of the gas and electric light department shall promptly review the application and make written recommendations concerning approval to the city council and, if appropriate, shall include recommendations concerning permit conditions and supplemental instructions.

(b)

If the application involves the construction of new facilities, the modification of existing facilities or a program of attachments the total construction cost of any of the foregoing is estimated to exceed $1,000,000.00, the city may require the applicant to enter into an agreement with the city to reimburse the city for the reasonable cost of engineering review by the city's consultant, or engineering department, of the plans submitted. Applicants shall submit a deposit to secure the cost of this review, which will be held in a segregated account in accordance with M.G.L.A. c. 44, § 53G.

(c)

If the right-of-way application includes a petition of the applicant for a grant of location, the city council shall promptly schedule a public hearing and publish a public notice of the hearing.

(d)

The city council shall review the application, any evidence presented at a grant of location public hearing, and the recommendations received from the superintendent of public works and the manager of the gas and electric light department, and make a prompt determination on the application taking into account the recommendation received, testimony and evidence presented if any, and such other facts as it may reasonably consider such as:

(1)

The likelihood that the new facility will accommodate the public use of public ways.

(2)

The financial and technical ability of the applicant or co-locator to construct new facilities or to use the right-of-way.

(3)

The capacity of the right-of-way to accommodate the proposed new facilities, modifications or attachments.

(4)

The capacity of the right-of-way to accommodate additional new facilities if the permit is granted.

(5)

Potential damage or disruption (including measurable interference with telecommunications services) to existing facilities or public property if the permit is granted.

(6)

The effect, if any, on public health, safety and welfare if the permit is granted.

(7)

The availability of alternate routes and/or locations for the proposed new facilities.

(8)

Applicable federal and state laws and city ordinances, which might prohibit or affect the permit if granted.

(e)

If the application is considered favorably, a right-of-way permit containing such conditions and supplemental conditions as the city council reasonably deems appropriate shall promptly issue upon the satisfaction of any conditions precedent, which the city council may establish. If the application is not favorably considered, the city council shall communicate in writing to applicant of co-locator the reasons its application was not favorably considered.

(f)

If a grant of location has been requested as part of the application for a right-of-way permit and the application has been considered favorably, the right-of-way permit shall also constitute an order granting the location. The grant of location will specify where the new facility or attachment may be placed and (with the exception of grants of location for transmission lines) the kind of poles, piers or abutments which may be used, the number of wires or cables which may be attached thereto, the height to which the wires or cables may run and the maximum voltage between conductors to be carried through same grants of locations for poles are limited to one pole per location, the grant of location may contain such other conditions and supplemental instructions as the city council reasonably deems appropriate.

(Ord. No. 1381, § 16-148, 6-3-04)