A. Issuance: If the City determines that the applicant has satisfied the requirements of this chapter, the City may issue a permit.
B. Conditions: The City may impose any reasonable conditions upon the issuance of a permit and the performance of the applicant thereunder in order to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, to minimize the disruption and inconvenience to the traveling public, and to otherwise efficiently manage the use of the right-of-way.
C. Small Wireless Facility Conditions: In addition to subsection B of this section, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions:
1. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application.
2. No new wireless support structure installed within the right-of-way shall exceed fifty feet (50') above ground level in height without the City's written authorization, provided that the City may impose a lower height limit in the applicable permit to protect the health, safety and welfare or to protect the right-of-way in its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty feet (50') above ground level in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit.
3. No wireless facility may extend more than ten feet (10') above its wireless support structure.
4. Where an applicant proposes to install a new wireless support structure in the right-of-way, the City may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way.
5. Where an applicant proposes installing a new wireless support structure or replacing an existing wireless support structure, the new or replacement wireless support structure shall be of monopole design not exceeding eighteen inches (18") in diameter and compatible in design with existing wireless support structures in the area.
6. The small wireless facility shall not interfere with public safety wireless telecommunications.
7. Small wireless facilities in the right-of-way shall be removed and relocated at the City's request and at no cost to the City when the City determines that removal and relocation is necessary to prevent interference with: a) present or future City use of the right-of-way for a public project; b) the public health, safety, or welfare; or c) the safety and convenience of travel over the right-of-way.
8. Small wireless facilities shall be mounted so there is vertical clearance of at least eight feet (8') between the facility and any pedestrian sidewalk.
9. No small wireless facilities may be located over street or parking lanes.
10. Small wireless facilities shall be located so as not to obstruct light fixtures. If small wireless facilities are to be located on a light pole, a lighting plan shall be submitted to demonstrate the facilities will not block light on the street or sidewalk.
11. Small wireless facilities and wireless support structures shall be located so as not to obstruct traffic lights, traffic signs, street signs, or wayfinding signage.
12. All wires servicing small wireless facilities and support facilities must be located inside the associated wireless support structure.
13. All small wireless facilities shall be flush with the wireless support structure it is collocated on to minimize visual impact.
14. Every small wireless facility shall be the same color and finish as the wireless support structure it is collocated on.
15. No stickers, signs, or decals shall be visible on any small wireless facility, except safety alerts required by law.
16. Brackets supporting small wireless facilities shall be designed to minimize the appearance and profile of the facilities. Bracket colors and materials should match the wireless support structures they are attached to.
17. Ground-mounted equipment associated with a small wireless facility is prohibited unless the applicant can show that ground-mounted equipment is necessary for operation of the small wireless facility. If ground-mounted equipment is necessary, it shall be placed below grade unless not technically feasible. If ground-mounted equipment is placed above grade, the design of ground equipment shall minimize its visual impact in the right-of-way. Ground-mounted equipment shall not disrupt traffic or pedestrian circulation or interfere with vehicle and pedestrian sight lines.
18. Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure.
19. Where an applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure.
D. Small Wireless Facility Agreement: A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement shall require payment of the following:
1. One hundred fifty dollars ($150.00) per year for rent to collocate on the City structure;
2. Twenty five dollars ($25.00) per year for maintenance associated with the collocation;
3. A monthly fee for electrical service as follows:
a. Seventy three dollars ($73.00) per radio node less than or equal to one hundred (100) maximum watts;
b. One hundred eighty two dollars ($182.00) per radio node over one hundred (100) maximum watts; or
c. The actual costs of electricity, if the actual costs exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the City and applicant.
E. Action On Small Wireless Facility Permit Applications:
1. Deadline For Action: The City shall approve or deny a small wireless facility permit application within ninety (90) days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section.
2. Consolidated Applications: An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed to by the City, provided that all small wireless facilities in the application:
a. Are located within a two (2) mile radius;
b. Consist of substantially similar equipment; and
c. Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application.
3. Tolling Of Deadline: The ninety (90) day deadline for action on a small wireless facility permit application may be tolled if:
a. The City receives applications from one or more applicants seeking approval of permits for more than thirty (30) small wireless facilities within a seven (7) day period. In such case, the City may extend the deadline for all such applications by thirty (30) days by informing the affected applicants in writing of such extension.
b. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within thirty (30) days of receipt of the application. Upon submission of additional documents or information, the City shall have ten (10) days to notify the applicant in writing of any still missing information.
c. The City and a small wireless facility applicant agree in writing to toll the review period. (Ord. 186, 4-11-2019)