(a) Requirement. Anyone seeking to site a wireless communication facility in the right-of-way shall first duly file a written application with the City Engineer's office, in accordance with the requirements in this section and the application requirements set forth in the Design Guidelines as modified from time to time by the City Engineer.
(b) Single Facility per Application. A single application shall propose modification of no more than one existing eligible support structure, installation on a potential support structure, or construction of a new support structure or base station.
(c) Recovery of Addition Costs Incurred in Processing Application. The City Engineer is authorized to charge the applicant for recovery of addition, reasonable costs incurred in its analysis, evaluation, and response to an application under this Chapter, if the actual cost of review exceeds the application fee. Nothing in the reasonableness limitation on addition costs shall be construed to bar or limit the City's authority to incur costs it deems necessary or appropriate in connection with the application. Additional costs may include unforeseen city staff review costs and the costs of third-party technical experts hired to assist with review of the application. No City construction or right-of-way wireless permit shall issue until and unless the applicant pays the application fee and such addition costs as are authorized to be recovered under this paragraph.
(1) Authorization to retain independent consultants. The City Engineer may in his or her discretion, and at any time in the review process, select and retain an independent consultant with expertise in telecommunications satisfactory to the City Engineer in connection with any permit application. In the event the City Engineer decides to retain an independent consultant for technical review, it shall send written notice to the applicant, including a nonbinding estimate of the cost for such review. The applicant shall have five business days from the date of mailing of notice to elect to withdraw the application without any liability for any costs or expenses in connection with the independent technical review.
(2) Scope. The City Engineer may request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Technical review issues may include, not are not limited to:
A. Permit application completeness or accuracy;
B. Viability of an existing or new support structure to support the anticipated wireless communication facility;
C. The applicability, reliability and/or sufficiency of analyses or methodologies used by the applicant to reach conclusion about any issue within this scope; and
D. Any other issue that requires expert or specialized knowledge identified by the City Engineer.
(3) No permit until payment. The applicant must pay for the cost of consultant technical review and for the technical consultant's testimony in any hearing as requested by the City Engineer. No permit shall issue to an applicant where that applicant has not timely paid any fee required under the Bryan Municipal Code or if the applicant owes payment on outstanding invoices for costs recoverable by the City under this Chapter 959.
(d) Pre-application Meeting Encouraged. It is highly recommended and encouraged that any applicant wishing to submit an application for a right-of-way permit, for a wireless communication facility, should meet with the City Engineer prior to submission of an application.
(Ord. 6-2017. Passed 3-20-17.)