(A) Authorized user. Unless otherwise required by law, only a person who holds a valid permit, franchise, license, or other authority, to use a city right-of-way will be granted a distributed antenna system (DAS) equipment permit. An applicant’s use of city right-of-way is limited to the purposes specified in the applicant's franchise, permit, license, or other authority. Distributed antenna system (DAS) equipment used for a purpose not authorized by an applicant’s permit, franchise, license, or other authority, is unauthorized distributed antenna system (DAS) equipment. A person who applies to use city right-of-way for a private purpose will not be granted a distributed antenna System (DAS) equipment permit.
(B) Application process. An applicant must file an application with the city to use city right-of-way on a form as prescribed by the Director. The Director shall consider each application on a first come, first served basis. If an application cannot be approved as presented, the Director may approve a conditional application.
(C) Denial of an application.
(1) The Director may deny an application for a distributed antenna system (DAS) equipment permit if:
a. The applicant fails to submit a complete application;
b. The applicant fails to supplement its application with additional information or otherwise cooperate with the city as requested in the evaluation of the application;
c. The applicant fails to submit a structural engineering analysis by a North Carolina registered professional engineer certifying that the pole or other structure that is proposed to support the distributed antenna system (DAS) equipment can reasonably support the proposed distributed antenna system (DAS) equipment considering the conditions of the street and the anticipated hazards from traffic to be encountered at the location;
d. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment would present a safety hazard;
e. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment is not adequately shrouded or camouflaged and, as a result, would, in the opinion of the Director, create adverse visual impact;
f. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment is located in a location which would, in the opinion of the Director, have a substantial adverse impact on a single property;
g. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment is located too near other structures within the city right-of-way which would, in the opinion of the Director, create adverse visual impact;
h. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment would impair the city’s ability to operate or maintain the city right-of-way in a reasonable manner;
i. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment and its placement would violate the city’s standard design criteria;
j. The Director determines, in the Director’s judgment, that the proposed distributed antenna system (DAS) equipment would violate the provisions of the Zoning Ordinance;
k. The applicant is not in compliance with any provision of this article; or
l. The applicant fails or refuses to sign a written agreement presented by the Director to the applicant intended to assist with the implementation of the provisions of this article or intended to assist with the implementation of the policies and regulations developed by the Director that are intended to preserve the city’s right to control of the city right-of-way.
(2) If an application is denied, the Director shall notify the applicant in writing of the reason for the denial. If an application is denied, an applicant may file a new application that corrects the reason for the denial. If an application is denied, the applicant may appeal the denial to the Director of Engineering for reconsideration no later than the thirtieth day after the date of the denial.
(D) Additional costs. The applicant or user is responsible for all costs as determined by the city to replace, enlarge, or upgrade city right-of-way to accommodate the applicant's proposed distributed antenna system (DAS) equipment.
(E) Permit requirements. A user may not change the number, kind, or location of distributed antenna system (DAS) equipment, the method of construction or installation, or the use of the distributed antenna system (DAS) equipment authorized under a distributed antenna system (DAS) equipment permit without the prior written consent of the Director.
(Ord. No. 16-067, § 1, passed 12-8-2016; Ord. No. 23-040, § 1, passed 5-11-2023)