§ 28-238. AGUS—Request for waiver.

(a)

A request for a waiver from placing AGUS in accordance with one (1) or more of the AGUS placement guidelines may be made to the director with respect to a particular site for a proposed utility structure. The request for a waiver must include a detailed justification for the waiver, including alternative sites sought and reviewed; proof that compliance with the guideline is impracticable; and the necessity of the AGUS and its size at the proposed site to provide service.

(b)

Within ten (10) business days of receipt of a written request for a waiver, the director may grant a waiver for good cause shown. Waiver requests not granted within that time period are deemed denied.

(c)

In making this decision, the director shall consider:

(1)

The feasibility of other sites not located in the public right-of-way and an AGUS owner's efforts to secure those sites;

(2)

The size, location and impact of the proposed AGUS at the proposed site and on the surrounding properties;

(3)

The AGUS owner's need to provide services to a property or area to be served by the proposed site;

(4)

The AGUS owner's need for the proposed size of the AGUS to provide services to a property or area to be served by the proposed site;

(5)

The public health, safety, welfare and convenience; and

(6)

The size and location of other nearby AGUS.

(d)

The director shall indicate in written communication the basis for granting or denying any waiver pursuant to this subsection.

(e)

If a waiver is deemed denied because of its was not granted within the allowed timeframe, the AGUS owner may resubmit the request to the director or appeal as set out below.

(f)

The director's decision regarding the waiver may be appealed to the city manager or his or her representative within 10 calendar days of the director's decision. The city manager decision shall be subject to the same time constraints and considerations as set out above for the director.

(Ord. No. 2009-O-045, 4-6-09)