(A) Permit and application. A permit is required for the placement, and construction, of a small wireless facility. Approval of a permit shall require an application.
(B) Contents of application. The small wireless facility permit application shall be made by the wireless services provider, or an authorized agent. A permit application shall contain the following:
(1) The applicant’s name, address, telephone number, and email address;
(2) The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
(3) A general description of the proposed work. The scope, and detail, of such description shall be appropriate to the nature, and character, of the work to be performed, with special emphasis on those matters, including, but not limited to, sub-surface utilities, likely to be affected, or impacted, by the work proposed;
(4) Authorization for any consultant acting on behalf of the applicant to speak with the city, or a designee of the city;
(5) Verification from an appropriate professional that the small wireless facility shall comply with all applicable codes;
(6) Drawings, and descriptions, of the proposed facilities, non-tower support structures, and ancillary equipment;
(7) Maps with the specific locations;
(8) Geographic coordinates of the locations;
(9) If the proposed location is a new pole, an explanation as to why collocation, or use, of an existing structure is not technically feasible. This shall apply to the location of all pole attached utilities, and shall include demonstration of a reasonable attempt to collocate, or use, an existing structure, remaining pole, or replacement pole;
(10) If the applicant proposes to collocate on, or occupy any, existing structure not owned by the applicant, a letter, or written statement, from the owner allowing the use; and
(11) A description and substantiation of any requests for exceptions from the requirements of this section.
(C) Batch applications. The city may require the applicant to file a separate application for any small wireless facility that is not of a substantially similar design to the others included in the application, or if submitted in a batch, the application must be sufficiently clear so that the city may determine whether one, or more, of the proposed facilities is not of a substantially similar design.
(E) Routine maintenance and replacement.
(1) An application shall not be required for:
(a) Routine maintenance that does not expand the size, or height, of the small wireless facility; and
(b) The replacement of a small wireless facility with another small wireless facility that is substantially similar, or smaller, in size, weight, and height.
(2) Provided, however, on a location where the city, or another provider, has placed equipment, or facilities, any routine maintenance, or replacement, that is done shall not occur until written notice of an intent to proceed is provided to the city.
(F) Review procedure. The Administrative Official shall review the application for compliance with these, and other, applicable laws and regulations. Review, and approval, shall be in accordance with timeframes established by federal, and state, law/policy, and the following:
(1) All applications shall be processed on a nondiscriminatory basis within:
(a) Sixty days of receipt of an application for the collocation of a small wireless facility; and
(b) Ninety days for an application to install, modify, or replace a pole on which a small wireless facility is, or will be, collocated.
(2) Within ten days of receiving an application, the Administrative Official shall determine, and notify, the applicant in writing:
(a) Whether the application is complete; or
(b) If the application is incomplete, what specific information is missing.
(3) If the application is incomplete, the applicant shall be allowed to resubmit the amended application without penalty, or payment, of any additional application fees, if resubmission occurs within 30 days of notification;
(4) The timeframe for reviewing shall commence when the application is submitted, but may be tolled upon notification of incompleteness. If the application is incomplete, the applicable timeframe for reviewing is reset when the missing information is provided by the applicant;
(5) Once the application is determined to be complete, the Administrative Official shall review the application, and if the application meets the requirements, and standards, set forth in this section, the application shall be granted, and a permit issued;
(6) If the applicant is requesting an exception to any requirement, the standard of review shall be to determine if the exception is warranted due to an identifiable site-specific hardship, or a technological challenge, and more specifically, if the excepted requirement is:
(a) Not necessary, or desirable, for the protection of the surrounding property, public health, public safety, or general welfare; or
(b) Unreasonable, as applied to the particular application.
(7) The Administrative Official may approve some, or all, of the requested exception, and advise the applicant, in writing, of the extent of approval, and/or reasons for denial. At his or her discretion, the Administrative Official may also submit the application to the Development Review Committee for input, or comment.
(a) If the applicant believes the decision of the Administrative Official to be in error, an appeal may be made to the City Board of Zoning Adjustments.
(b) If the applicant accepts the decision of the Administrative Official, the application shall proceed with review, and approval or denial.
(8) The Administrative Official shall have the authority to defer an exception request to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall act upon the request in a timely manner. If the decision of the Board of Zoning Adjustment is in the affirmative, the permit shall be approved; provided, all other review requirements are met. If not, the application shall be referred to the Administrative Official for continued review;
(9) If the Board of Zoning Adjustment denies any, or all, of the requested exception, the applicant may appeal the decision to a court of jurisdiction, in accordance with state law;
(10) The Administrative Official, or designee, shall notify the applicant, in writing, of its final decision:
(a) Within 60 days of receiving an application for the collocation of a small wireless facility using an existing structure;
(b) Within 90 days for an application to collocate a small wireless facility on a new structure. These timelines may be tolled only by mutual agreement between the applicant and the city;
(c) If the application is approved, a permit shall be issued;
(d) If the application is denied, the Administrative Official shall specify, in writing, the basis for denial, citing specific code provisions from federal, state, or local law as to why the application was denied;
(e) Notwithstanding the initial denial, the applicant may cure any deficiencies identified by the Administrative Official within 30 days of the denial without paying an additional application fee. The Administrative Official shall approve, or deny, the revised application within 30 days of receipt of the amended application, and its review shall be limited to the deficiencies specified in the original notice of denial; and
(f) If a decision on an application is not made within the applicable timeframe, the application shall be deemed approved ten days after written notice is provided by the applicant to the city that the time period for acting on the application has lapsed.
(11) (a) If after commencement of construction, but before construction is complete for an approved permit, circumstances unforeseen at the time of approval arise which make continued construction unsafe, or impracticable, the applicant may request an amendment to the application, or plan, by filing a request to amend the approved application.
(b) The applicant shall cease work, and the procedure for the amendment request shall proceed in the same manner as if it were a new application under this section. There is no application fee for an amendment request;
(12) Prohibitions, and work requirements, are as follows:
(a) Within 60 days of written notice, the owner of the small wireless facility shall:
1. Remove all graffiti on the facility at his or her expense; and
2. Repair, or replace, any damaged equipment.
(b) Facilities located in the public right-of-way shall not materially, or visually, obstruct traffic signals, or signage, and shall be maintained in a manner that does not materially interfere with public safety equipment;
(c) The owner shall employ due care during the installation, maintenance, or any other work in the ROW, and shall comply with all safety and public ROW protection requirements of all applicable local, state, and federal laws. The owner shall restore, repair, and/or replace any portion of the public improvements in the ROW that are damaged, or disturbed, by the owner’s work, or small wireless facilities;
(d) Unless otherwise specified in the permit, the owner shall erect a barrier around the perimeter of any excavation, and provide appropriate traffic control devices, signs, and lights to protect, warn, and guide the public (vehicular and pedestrian) through the work zone. The manner, and use, of these devices shall be described within a traffic control plan in accordance with the Uniform Manual of Traffic Control Devices. The owner shall maintain all barriers, and other traffic control, and safety, devices related to an open excavation until the excavation is restored to a safe condition, or as otherwise directed by the city;
(e) If use of the right-of-way on which the small wireless facility is located is necessary for a construction, or improvement, project undertaken by the city, or on its behalf, the small wireless facility shall be relocated. Notice of such relocation shall be provided by the city as soon practicable, and at least 90 days before the deadline for completing the relocation. The city shall not bear any expense of any necessary relocation;
(f) A small wireless facility shall not interfere with city, and public safety, communication systems, and shall comply with all FCC regulations governing interference;
(g) A guy wire, or other support wire, shall not be used in connection with an antenna, antenna array, or a non-tower support structure, except when used to anchor the antenna, antenna array, or non-tower support structure to an existing building, or ground, to which such antenna, antenna array, or non-tower support structure is attached; and
(h) The owner of a small wireless facility that is not in service, or use, for more than six months shall disassemble, and remove, the facility.
(13) The fees and rates are as follows:
(a) For the co-location of a small wireless facility on an existing pole or structure, a $100 non-recurring application fee.
1. Additionally, except as described in A.C. § 23-17-510(e), a wireless provider shall pay the city compensation for use of the right-of-way an annual rate of $30 per small wireless facility. The annual rate shall be paid to the city by January 31 of the following year.
2. A wireless provider shall pay the city compensation for collocation of small wireless facilities on city poles an annual rate of $240 for each city pole.
(b) For the installation of a small wireless facility and a pole, $250 for the installation, modification, or replacement of a pole, together with the collocation of an associated small wireless facility in the right-of-way.
1. Additionally, except as described in A.C. § 23-17-510(e), a wireless provider shall pay the city compensation for use of the right-of-way, an annual rate of $30 per small wireless facility.
2. The annual rate shall be paid to the city by January 31 of the following year.
(c) If the application is for multiple facilities, the fee is $100 (non-recurring application fee) for each additional facility.
(G) Exceptions. A wireless provider is not required to pay an authority compensation for micro-wireless facilities that are suspended on cables strung between existing utility poles in the right-of-way, as long as the wireless provider compensates the authority through other licenses, or franchises, held directly, or through one of the wireless provider’s affiliates, for the placement of the suspension cables in the right-of-way.
(Ord. 2019-16, passed 8-26-2019)