(A) Application form. The Administrative Official shall designate or develop an application form for an SCF permit. An applicant may include requests for new or replacement utility poles or SCF support structures. The Administrative Official shall allow for applications to be consolidated pursuant to this subchapter. Each applicant must submit a complete application for each permit desired.
(B) Consolidated applications. Each SCF permit request in a consolidated application shall be considered individually.
(C) Application requirements. All applications for the placement of an SCF, including modification or construction of a utility pole or SCF support structure submitted under this subchapter, shall include the following.
(1) Photo simulations. A photo simulation of a reasonably representative installation type that includes to-scale visual simulations that show unobstructed before-and-after construction daytime views from at least two angles together with a map that shows the location of the proposed installation including all equipment shall be submitted. A separate set of such materials shall be required for any design which is materially different.
(2) Noise study. A noise study shall be conducted and submitted for the SCF when requested by the city, when the proposed site is within 20 feet of a residential structure, and when the application proposes to utilize equipment which may produce a persistent or chronic audible tone at such distance.
(3) Radio frequency (RF) emissions compliance. Whereas the FCC has exclusive jurisdiction to establish radio frequency emission safety standards, the city may only require a written report or statement signed and sealed by a state licensed engineer or signed by a competent employee of the applicant which explains compliance with the RF emissions limits established by the FCC.
(4) Utility pole or SCF support structure inspection. For collocations or modifications to existing utility poles or SCF support structures, applicants shall inspect the structure to which a proposed SCF would be attached and determine, based on a structural engineering analysis by a state registered professional engineer, the suitability of the pole or structure for the applicant’s purposes. The structural engineering analysis shall be submitted to the Administrative Official and shall certify that the utility pole or SCF support structure can reasonably support the proposed SCF.
(5) New and replacement utility poles and SCF support structures. For new and replaced utility poles and SCF support structures, applicants shall submit foundation drawings demonstrating the foundation and new or replacement utility pole or SCF support structure can reasonably support the SCF.
(6) Design justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under § 155.298 below. A complete design justification must identify all applicable design standards under this subchapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.
(7) Site plan. A site plan clearly indicating the location, type, height, and width of the proposed pole, on-site land uses and zoning, adjacent land uses and zoning, distances to nearby objects, structures, property lines, adjacent roadways, proposed means of access, utility runs, and other information which may uniquely impact the SCF’s fitness for a particular site.
(8) Aesthetic compliance summary. An explanatory statement of aesthetic considerations and requirements factored into applicant’s design such as stealthing, finishing, fencing, landscaping, or other elements which may impact the visual appeal of the SCF.
(9) Written Statement. A clear and complete written statement of purpose which shall minimally include a description of the technical objective to be achieved, a to-scale map that identifies the proposed site location and the targeted service area to be benefitted by the proposed project, and full-color signal propagation maps.
(D) Application fees. A permit for SCF including a utility pole or SCF structure shall be limited to $500 for up to five SCFs and $100 for each additional SCF on the application.
(E) Recurring fees. A wireless provider authorized under this subchapter to place SCFs upon any related utility pole or SCF support structure in the ROW shall pay to the city an annual ROW access fee of up to $270 per site per year to cover all recurring fees including the cost of ongoing monitoring of each site for compliance with the terms of this subchapter and for the health, safety, and welfare of the general public and for the attachment of SCFs to city-owned or controlled utility poles or SCF support structures. Recurring fees shall be paid annually in accordance with the city’s standard billing or invoicing procedures as the case may be. The City Council shall establish and adjust recurring fee rates by resolution.
(F) Reasonable fee increases. The application fee and the recurring fees under this section shall be the sole compensation that the wireless provider shall be required to pay the city. However, the rates of either the application fee or the recurring fees may be increased due to extreme circumstances, but in no case may such fees exceed a reasonable approximation of the city’s actual and reasonable costs. In addition, such fees must be objectively reasonable and no higher than charged to similarly-situated competitors in similar situations.
(Ord. 591, passed 10-21-2019)