(A) When available.
(1) An application shall be eligible for review if the application conforms to the general standards adopted by the Director. A small wireless facility permit issued pursuant to an application processed hereunder shall authorize:
(a) Collocation or modification, including replacement, of a small wireless facility; or
(b) Installation, modification or replacement of a utility pole or wireless support structure in addition to collocation of a small wireless facility on the utility pole or wireless support structure.
(2) The Department shall not issue a small wireless facility permit authorizing the installation, modification or replacement of a utility pole or wireless support structure if the small wireless facility permit does not also authorize an applicant’s requested collocation of a small wireless facility on the utility pole or wireless support structure.
(B) Review process. An application submitted pursuant to this section shall be reviewed as follows:
(1) Submission of application. Applicant shall submit a complete application accompanied by any corresponding application fee to the Department. An applicant may not file within a 30-day period more than one consolidated application or multiple applications that collectively seek permits for a combined total of more than 25 small wireless facilities and utility poles.
(2) Application review period. The Department must, within 60 days after the date a complete application for the collocation of a small wireless facility or a consolidated application is submitted to the Department, issue or deny a small wireless facility permit pursuant to the application. The Department must, within 90 days after the date a complete application for a new, modified or replacement utility pole or wireless support structure is submitted to the Department, issue or deny a small wireless facility permit pursuant to the application. Failure by the Department to approve or deny a small wireless facility permit pursuant to an application within the applicable review period will result in the small wireless facility permit being granted. The Department may, at its discretion, extend the applicable review period for a single additional period of ten business days; provided, the Department notifies the applicant before the day on which the applicable review period would terminate.
(3) Completeness determination. The Department shall review an application for completeness following submittal. The Department must provide a written notice of incompleteness to the applicant within ten days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the Department’s determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety and welfare regulations applicable to the small wireless facility permit request. If an applicant fails to respond to the Department’s notice of incompleteness within 90 days, the application shall be deemed expired and no permit shall be issued. Upon an applicant’s submittal of additional documents or information in response to a notice of incompleteness, the Department has ten days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness.
(4) Tolling of review period. If an application is incomplete, and the Department has provided a written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice(s). Subsequent notices shall toll the applicable review period. An applicant and the Department can mutually agree in writing to toll the applicable review period at any time.
(5) Moratorium prohibited. The Department shall not, either expressly or de facto, institute a moratorium on the filing, receiving or processing of an application, or issuing a permit or another approval, if any, for the collocation of a small wireless facility or the installation, modification or replacement of a utility pole to support a small wireless facility.
(6) Non-discriminatory processing of applications. The Department shall ensure that any application processed under this subchapter is performed on a non-discriminatory basis.
(7) Permit not required.
(a) The Department may not require a permittee to submit an application, obtain a permit or pay a rate for:
1. Routine maintenance;
2. The replacement of a small wireless facility with a small wireless facility that is substantially similar to or smaller in size; or
3. The installation, placement, maintenance, operation or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code.
(b) A permittee seeking to perform any of the above activities must provide written notice to the Department at least 30 days prior to performance of the activity.
(Prior Code, § 33.02.050) (Ord. 19-06, passed 2-15-2019)