§ 34A-26. Alternate means or method; waiver.

(a)

A person may file a request with the city manager to use alternate means or methods in right-of-way construction or maintenance. In determining whether any requirement under this section may be waived or if an alternate method or means may be used, the city manager may consider all reasonable factors, including but not limited to:

(1)

whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in risk;

(2)

whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase of service interruption'

(3)

whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable increase in potential for liability for accidents;

(4)

whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in construction;

(5)

whether the requirement or the alternate means or method or waiving the requirement would subject the person or persons or public to an unreasonable delay in availability of services; or

(6)

to any other unreasonable technical or economic burden.

(b)

There shall be no right to receive permission to use an alternative means or method and denial by the city manager shall be final.

( Ord. No. 2017-9964, § 2, 8-10-17 )