Ordinance 2456-00 - Laserfiche WebLink

• (a) The procedures for the approval of a master permit and the requirements for a complete application for a master permit shall be available in written form. (b) The City shall act upon a complete application within one hundred twenty days from the date a service provider files the complete application for the master permit to use the right of way, except: (i) With the agreement of the applicant; or (ii) Where the master permit requires action of City Council and such action cannot reasonably be obtained within the one hundred twenty day period. (2) Service providers must obtain a use permit. The City shall act on a request for a use permit by a service provider within thirty days of receipt of a completed application, unless a service provider consents to a different time period or the service provider has not obtained a master permit requested by the City. (a) For the purpose of this section, "act" means that the City makes the decision to grant, condition, or deny the use permit, which may be subject to administrative appeal, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period. (b) Requirements otherwise applicable to holders of master permits shall be deemed satisfied by a holder of a cable franchise in good standing. (c) Where the master permit does not contain procedures to expedite approvals and the service provider requires action in less than thirty days, the service provider shall advise the City in writing of the reasons why a shortened time period is necessary and the time period within which action by the City is requested. The City shall reasonably cooperate to meet the request where practicable. (d) The City may not deny a use permit to a service provider with an existing state- wide grant to occupy the right of way for wireline facilities on the basis of failure to obtain a master permit. (3) The reasons for a denial of a master permit shall be supported by substantial evidence contained in a written record. A service provider adversely affected by the final action denying a master permit, or by an unreasonable failure to act on a master permit as set forth in subsection (1) of this section, may commence an action in Snohomish County Superior Court within thirty days to seek relief,which shall be limited to injunctive relief. (4) A service provider adversely affected by the final action denying a use permit may commence an action within thirty days to seek relief, which shall be limited to injunctive relief. In any appeal of the final action denying a use permit, the standard for review and burden of proof shall be as set forth in RCW 36.70C.130. 3