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It is unlawful for anyone to construct, maintain, or operate on, under, or over the streets, alleys, or rights-of-way of the city (collectively referred to herein as “right-of-way”), any railroad tracks, pipes, ducts, utility tunnels, vaults, maintenance holes, poles, fixtures, wires, or any other appurtenances necessary for the purpose of conducting any public utility business, either public or private, or to go upon such public place to perform any work therein which will disturb the surface of the street, alley, planting strip, or sidewalk, or to occupy area upon the surface or beneath the surface of the street, planting strip, or sidewalk, without complying with all the provisions of any ordinance in relation thereto and obtaining and having a permit from the director for such purpose.

A. In circumstances where site plan review is required under Chapter 12.32 BMC, no right-of-way permit shall issue until a site plan has been approved and issued in accordance with Chapter 12.32 BMC.

B. Applications for which no permit is issued within 18 months following the date of application shall expire by limitation.

C. Applications shall be cancelled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions, or additional information within 180 days of the date of the request.

D. The director shall notify an applicant in writing or electronic means when the city review has been completed and a permit is ready for issuance. An applicant shall have a maximum of 180 days from the date of notification to obtain the permit. Failure of the applicant to obtain the permit within the time limitations imposed herein shall result in an expiration of the application.

E. The director may extend any time limitation relating to processing of an application prior to issuance under this section for a period not to exceed 90 days upon written request by the applicant citing specific circumstances beyond the control of the applicant. A request for extension shall be received by the city prior to expiration of the applicable time limitation contained in this section. No time limitation in this section may be extended more than once.

F. A right-of-way permit shall expire two years from the date of issuance. The director is authorized to approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.

G. Every permit which has been expired for less than one year may be renewed for a period of one year for an additional fee, based on the valuation of the work remaining, as long as no changes have been made to the originally approved plans. For permits that have been expired for longer than one year, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once. (Ord. 2370 § 6, 2021; Ord. 2348 § 28, 2021; Ord. 2043 § 2 (Exh. B), 2010; Ord. 1696 § 1, 1997).