(A) Application for permits.
(1) Applications for permits to occupy the right-of-way are available from the Community Development Office. Completed applications shall be submitted to the city’s online permit application process. In addition to the information required by § 151.405, applicants shall submit the following information with each completed application:
(a) An attestation that the small wireless facilities covered by the application will be operational for use by a wireless services provider within nine months after the later of the completion of all make-ready work or the permit issuance date unless a delay is caused by lack of commercial power or communications transport facilities to the site;
(c) For any small wireless facilities collocated on utility poles or wireless support structures owned, operated or managed by a person other than the city or a public power supplier, a copy of the authorization of such person consenting the application;
(d) If the collocation of the small wireless facility is on utility poles owned, operated or managed by a public power supplier pursuant to a negotiated pole attachment agreement as provided in Neb. Rev. Stat. § 86-1244(1), then a copy of said agreement;
(e) All permit fees required under § 151.408;
(f) Information directly related to the impairment of wireless service in the immediate area; and
(g) Construction and engineering drawings and information demonstrating compliance with the criteria set forth in this section.
(2) An applicant that collocates a small wireless facility within the city right-of-way or on a utility pole assumes the risk of any loss, damage to or loss of use of any facilities which are damaged, destroyed or taken out of service due to applicant’s use or presence in or on the right-of-way, except to the extent such loss or damage is due to or caused by the negligence or willful misconduct of the city.
(3) An applicant may file a consolidated application for up to five individual small wireless facilities instead of filing a separate application for each such facility. An applicant shall submit the information required under § 151.407 for each small wireless facility covered by a consolidated application; otherwise, the applicant may submit a single set of documents that apply to all of the small wireless facilities covered by such a consolidated application. Each small wireless facility within a consolidated application shall be subject to individual review; provided, that a decision regarding all small wireless facilities shall be rendered in a single determination by the Community Development Director, or his or her designee and provided further that the denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same application or be a basis upon which to deny the consolidated application as a whole.
(B) Review of permits.
(1) Within 20 days after receiving an application, the Community Development Director shall determine and notify the applicant in writing whether the application is complete. If an application is incomplete, the city will specifically identify the missing information in writing. The 90-day processing deadline set forth in division (B)(2) below shall restart upon the first finding of incompleteness. The applicant may resubmit the completed application within 30 days without additional charge. Subsequent findings of incompleteness shall toll the 90-day processing deadline, and any subsequent review shall be limited to the specifically identified information subsequently completed. If the applicant makes any material changes in a resubmission, other than the material changes required by the city, the applicant shall be required to make a new application and submit a new application fee. Subsequent findings of incompleteness will toll the deadline from the time the city sends notice of the incompleteness to the time the applicant provides the missing information. The application processing deadline also may be tolled if requested by applicant in order to accommodate applicant’s request for relief submitted by applicant pursuant to § 151.372, or by agreement between the city and the applicant.
(2) Unless tolled, the city will process an application no later than 90 days after receiving it. Subject to the tolling under division (B)(1) above, the application shall be deemed approved if the city fails to approve or deny the application within 90 days after receipt of the same. The city may extend the 90-day application processing deadline for a period of ten business days if the city notifies the applicant in advance before the day on which approval or denial is originally due. Upon mutual agreement between the applicant and the city, the city may extend the period for consideration of an application for 30 days.
(3) The city may propose technically feasible alternative utility pole locations; provided, the city shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole. The wireless provider shall cooperate with the city to address the city’s reasonable proposal. The term of each permit to occupy the right-of-way issued under this subchapter shall be set forth in the permit and shall be for a period not less than five years.
(C) Denial of permit applications.
(1) The city may deny an application for a proposed collocation of a small wireless facility or installation, modification or replacement of a utility pole that meets the requirements of this subchapter if the proposed operation:
(a) Materially and demonstrably interferes with the safe operation of traffic control equipment or the right-of-way;
(b) Materially interferes with sight lines or clear zones for air or land transportation or pedestrians;
(c) Materially interferes with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement;
(e) Fails to comply with applicable codes of general applicability which do not apply exclusively to wireless facilities;
(g) Designates the location of a new utility pole within seven feet in any direction of an electrical conductor unless the wireless provider obtains the written consent of the public power supplier that owns or manages the electrical conductor.
(2) (a) The city shall document the basis for denial, including any specific provisions of this subchapter or other applicable law on which the denial was based, and send such documentation to the applicant on or before the date the city denies the application.
(b) The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days without paying an additional application fee, and the city shall have 30 days after receiving such resubmitted application to approve or deny the same; provided, such review shall be limited to deficiencies cited in the city’s denial.
(D) Issuance of permits. All permits to occupy the right-of-way issued under this subchapter are issued subject to the conditions set forth in § 151.407 and, in addition thereto, the following conditions:
(1) The small wireless facilities covered by the application shall be operational for use by a wireless services provider no later than one year after the later of the completion of all make-ready work or the permit issuance date; provided, upon applicant’s request, the city:
(a) Shall grant a one-time extension for up to nine months if the applicant demonstrates that the delay is caused by the lack of commercial power to communications transport facilities to the site; and
(b) May grant one or more additional extensions on such terms as mutually agreed upon by the city and applicant.
(2) (a) The city may reserve space on the city’s poles and the applicant shall cooperate with the city in any such reservation, except that the city shall first notify the applicant in writing that it is interested in reserving such pole space or sharing the trenches or bores in the area where the collocation is to occur.
(b) The applicant shall allow the city to place its infrastructure in the applicant’s trenches or bores or on the utility pole as requested by the city, except that the city shall incur the incremental costs of placing the conduit or infrastructure as requested. The city shall be responsible for maintaining its facilities in the trenches and bores and on the city’s pole.
(E) Renewal of permits. The city shall renew a permit issued hereunder for an equivalent duration as long as the applicant is in compliance with the criteria set forth in this section as such criteria existed at the time the permit was granted.
(Ord. 23-09, passed 8-21-2023)