Austin |
Code of Ordinances |
Title 14. USE OF STREETS AND PUBLIC PROPERTY. |
Chapter 14-11. USE OF RIGHT-OF-WAY. |
Article 2. USE OF RIGHT-OF-WAY FOR CONSTRUCTION, EXCAVATION, FACILITY INSTALLATION, OR TEMPORARY USE. |
Division 2. Temporary Use of Right-of-Way. |
§ 14-11-133. ACTION BY THE DIRECTOR.
(A)
Not later than the ninth day after receiving an application, the director shall:
(1)
approve the application and issue the permit;
(2)
request additional information from the applicant; or
(3)
deny the permit.
(B)
If the director requests that an applicant provide additional information, the director shall approve or deny the permit not later than the ninth day after receiving the requested information.
(C)
In reviewing an application, the director shall consider:
(1)
the reasonableness of the amount of right-of-way requested to be occupied given the extent and type of construction to be performed;
(2)
the period of time that the applicant requests to occupy the right-of-way;
(3)
the safety of pedestrian and vehicle traffic in and adjacent to the right-of-way the applicant requests to occupy; and
(4)
traffic congestion and vehicle parking requirements in the vicinity of the location specified in the application.
(D)
The director may not approve an application for a temporary use of right-of-way permit if the applicant fails to demonstrate that the applicant will provide adequate protection of pedestrian and vehicle traffic at the location for which the temporary use of right-of-way permit is requested.
(E)
The director may deny an application if:
(1)
a traffic control procedure or device proposed in the application does not comply with the requirements of the Manual on Uniform Traffic Control Devices or the Transportation Criteria Manual;
(2)
the director determines that it is unnecessary to impede traffic or to block or close a street to perform the activity proposed in the application;
(3)
the activity proposed by the applicant or the manner in which the applicant proposes to perform the activity will violate a City requirement or a state law;
(4)
the applicant fails to furnish information required by this article within the prescribed time period, unless the director determines that the applicant has shown good cause for the failure;
(5)
the applicant misrepresents or falsifies information in the application;
(6)
the location on which the proposed activity is to occur is reserved for other activity and the director determines that the projects cannot be conducted simultaneously; or
(7)
the activity proposed in the application will cause a safety hazard or traffic congestion.
(F)
An application is automatically denied if an applicant does not provide additional information before the 31st day after the request is made.
Source: Ord. No. 20170817-045 , Pt. 2, 8-17-17.