In addition to the requirements in § 52.082 and § 52.083 of this section, a micro wireless permit shall be submitted by any person that seeks to construct, modify, collocate, or replace a small cell facility or wireless support structure in any right-of-way. The city's consent shall not be required for the replacement of a small cell facility and/or wireless support structure with a small cell facility and/or wireless support structure, respectively, that is consistent with the city's design guidelines and is substantially similar to the existing small cell facility and/or wireless support structure, or the same size or smaller than the existing small cell facility and/or wireless support structure and complies with the requirements for construction permits as provided in this chapter.
(A) For processing a micro wireless permit, the city may charge a fee for each small cell facility and/or wireless support structure in accordance with law and as listed on the micro wireless permit forms.
(B) The city shall grant or deny a micro wireless permit in accordance with any required timelines under law.
(1) If the city fails to approve or deny a micro wireless permit within the required time period, provided that the time period is not otherwise tolled in accordance with the provisions of this section, the micro wireless permit shall be deemed granted upon the requesting entity notifying the city that the time period for granting or denying the request of consent has lapsed.
(C) Requests for consent that do not meet the requirements listed on the application or stated herein or in the city's design guidelines shall be deemed incomplete or shall otherwise be denied by the city.
(1) If a micro wireless permit is deemed incomplete, the city shall provide written notice to the applicant that clearly and specifically delineates all missing documents or required information.
(a) Once the applicant submits the documents or information in response to the city's notice of incompleteness, the city shall, within 60 calendar days, grant, deny, or deem the micro wireless permit to be incomplete due to not providing the information identified in the original notice of incompleteness.
(b) For a micro wireless permit that is deemed incomplete for a second or subsequent time, the city shall continue to follow the process in division (C)(1) of this section until such time that a complete application is received from the applicant. At such time, the city shall, within 60 calendar days, grant or deny the micro wireless permit.
(2) If a micro wireless permit is denied, the city shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information that the applicant may reasonably request to obtain consent.
(a) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779,47 U.S.C.A. 541, the city, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(D) The city shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the right-of-way to file a consolidated application for consent.
(1) No more than 30 small cell facilities or 30 wireless support structures shall be proposed within a single application to receive a single permit for the construction, modification, collocation, or replacement of small cell facilities or wireless support structures in the right-of-way.
(2) A single application may only address multiple small cell facilities or wireless support structures if they each involve substantially the same type of small cell facility and/or substantially the same type of wireless support structure.
(3) If an applicant intends to submit five or more small cell facilities or wireless support structures in a single application, a pre-application meeting that includes the applicant and the Public Works Department may be required by the city in order to help expedite the permitting process. This pre-application meeting may also include a site visit if so requested by the city.
(4) The Public Works Director may separately address applications for which incomplete information has been received or which are denied.
(E) If the number of requests for consent is likely to result in difficulty processing applications within the time limits set forth in law due to the lack of resources of the city, then the city may toll the time limits as follows:
(1) The time period for the city to grant or deny a micro wireless permit may be tolled for up to 21 days for the first 15 requests for consent for small cell facilities or wireless support structures received by the city above the thresholds provided in the table below within any consecutive 30-day period:
Population of city at the time that the small cell facility or wireless support structure request for consent is received: | Number of applications: |
30,000 persons or less | 15 applications or more |
30,001 to 40,000 persons | 20 applications or more |
40,001 to 50,000 persons | 25 applications or more |
50,001 to 60,000 persons | 30 applications or more |
60,001 to 100,000 persons | 60 applications or more |
(2) For every additional 15 requests for consent that the city receives above the thresholds provided in the table above, the city may toll the time period to grant or deny its consent for up to 15 additional days.
(3) In no instance shall the city toll the time period for any small cell facility or wireless support structure micro wireless permit by more than 90 consecutive days.
(4) Upon request by the applicant, the city shall provide written notice of the time limit for a small cell facility or wireless support structure micro wireless permit.
(Ord. 03-2019, passed 1-22-19)