A. Permit Required. No person shall place a small wireless facility within a right-of-way; on a building, tower, wireless support structure, or any other structure located within the City; or on a City utility pole, whether located within the City or not; without first obtaining a permit pursuant to the provisions of this Chapter.
B. Permitted Uses. Collocation of a small wireless facility on an existing, new, replacement, or modified utility pole in the right-of-way or on an existing tower or other wireless support structure in the right-of-way are permitted uses subject only to the requirements of Federal law and this Chapter.
C. Permit Application. All small wireless facility applications for permits filed pursuant to this Chapter shall be on a form, paper or electronic, provided by the City.
D. Application Requirements. The small wireless facility permit application shall be made by the wireless provider or its duly authorized representative and shall contain the following:
1. The applicant’s name, address, telephone number, and email address;
2. Names, addresses, telephone numbers and email addresses of any person or entity who will be responsible for construction and management of the project;
3. 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;
4. Name, address, and telephone number for the owner of any non-City owned support structure or pole;
5. A general description of the proposed work and the purposes (excluding those for Eligible Facilities Requests) and intent of the small wireless facility. 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 likely to be affected or impacted by the work proposed; and
6. Projected start and completion dates.
E. Supporting Documentation. Applications submitted under this Chapter for small wireless facilities shall attach the following materials:
1. Letter of authorization from the wireless provider or agent;
2. Letter of authorization from the property owner or attestation of the applicant of City authority;
3. Site plan;
4. Photo simulations;
5. Elevation drawings;
6. If not a collocation on an existing pole, a list of vertical structures within a one (1) mile radius, along with signal coverage maps and an engineer’s structural report;
7. Noise report, if applicable; and
8. Any other supporting materials required by the City’s then current Small Wireless Facilities Application Form.
F. Radio Frequency Emissions Compliance Report. A written report will be prepared, signed and sealed by a New Mexico-licensed professional engineer or a competent employee of the applicant, which assesses whether the proposed small wireless facility demonstrates compliance with the exposure limits established by the FCC. The employee of the applicant must be qualified in the field of RF emissions and provide satisfactory evidence of his/her qualifications to the City.
G. Inventory of Existing Sites. Each applicant for a utility pole or wireless support structure exceeding the height limitation of a small wireless facility shall provide to the City’s Planning and Development Department an inventory of the applicant’s existing poles or towers that are either within the jurisdiction of the City or within one (1) mile of the border thereof, including specific information about the location, height, and design of each pole or tower. The applicant shall only be required to provide this information in its first application following implementation of this Chapter, and not thereafter. The Department may share such information with other applicants applying for permits under this Chapter or other organizations seeking to locate poles or towers within the jurisdiction of the City, provided, however, that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
H. Routine Maintenance and Replacement. The City may not require an application, approval or permit or impose a fee, rate or other charge for the routine maintenance of a small wireless facility or the replacement of a small wireless facility with one that is similar in size to, the same size as or smaller than it as long as the wireless provider notifies the City of the replacement at least ten (10) days before the replacement. The City may require a permit for routine maintenance or replacement of a small wireless facility in the rights-of-way that affect traffic patterns or require lane closures. (Ord. C2021-5, 8-24-2021)