A. Agreement: Prior to installing in the public right-of-way any wireless communication facility, or any pole built for the sole or primary purpose of supporting a wireless communication facility, or any tower, a person shall enter into an agreement with the Town expressly authorizing use of the public right-of- way for the wireless communication facility, pole or tower proposed to be installed. The agreement shall provide for the attachment to Town-owned poles or structures in the public right-of-way in addition to poles or structures owned by unrelated third parties, provided that the applicant secures the written consent of the third party for such attachment.
B. General Terms:
1. The term of an agreement shall be for up to five (5) years. The agreement may be renewed for an additional term of five (5) years subject to the mutual written agreement of the Town and provider.
2. The agreement authorizes the provider's non-exclusive use of the public right-of-way for the sole purpose of installing, maintaining and operating wireless communication facilities, including any pole built for the sole or primary purpose of supporting the wireless communication facilities and any tower, to provide the services expressly authorized in the agreement, subject to applicable laws, this chapter and the terms and conditions of the agreement. The agreement authorizes use only of the public right-of-way in which the Town has an actual interest. It is not a warranty of title or interest in any public right-of-way and it does not confer on the provider any interest in any particular location or to a superior or preferred location within the public right-of-way. Nothing herein shall authorize the use of the Town's poles, towers, support structures or other structures in the public right-of-way. All use of Town poles, towers, support structures, and other structures in the public right-of-way shall require a separate attachment agreement or be specifically provided for in the agreement and shall include the payment of fees for such use.
3. The provider shall, at its sole cost and expense, keep and maintain its wireless communication facilities, poles, support structures and towers in the public right-of-way in a safe condition, and in good order and repair.
4. In the event of an emergency regarding the provider's small wireless facilities or related poles, support structures or towers, the provider shall immediately notify the Town of the nature of the emergency and planned response to the emergency.
C. Permit Required: No person may construct, install or maintain in the public right-of-way any wireless communication facilities without first receiving a permit from the Town. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may work in the public right-of-way prior to obtaining a permit, provided that the provider shall contact the Town prior to commencing the work and shall apply for a permit as soon as reasonably possible, but not later than twenty four (24) hours after commencing the emergency work. For purposes of this division, an "emergency" means a circumstance which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.
D. Permit Application Requirements: The application shall be submitted by the provider or its duly authorized representative and shall contain the following:
1. The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant;
2. The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant or provider with respect to the filing of the application;
3. A description of the proposed work and wireless communication facility sufficient to demonstrate compliance with the provisions of this chapter;
4. If applicable, a copy of the authorization from the owner of the pole, tower or support structure on or in which the wireless communication facility will be placed or attached;
5. Detailed construction drawings and photo simulations regarding the proposed wireless communication facility;
6. To the extent the proposed wireless communication facility involves collocation on a pole, tower or support structure, a structural report performed by a Wyoming licensed professional engineer evidencing that the pole, tower or support structure will support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes;
7. For any new above-ground wireless communication facilities, accurate visual depictions or representations, if not included in the construction drawings or photo simulations; and
8. Any other submission requirements per published Town policies or regulations.
E. Proprietary Or Confidential Information In Application: Applications are public records that may be made publicly available pursuant to the Wyoming Public Records Act, Wyoming Statutes sections 16-4-201 through 16-4-205. Notwithstanding the foregoing, the applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the Town shall treat the information as proprietary and confidential, subject to the Wyoming Public Records Act and the Town's determination that the applicant's request for confidential or proprietary treatment of application materials is reasonable and in compliance with such law. The Town shall not be required to incur any costs to protect the application materials from disclosure, other than the Town's routine procedures for complying with the Wyoming Public Records Act.
F. Ordinary Maintenance And Repair: A permit shall not be required for ordinary maintenance and repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Town in writing at least forty eight (48) hours before performing the ordinary maintenance and repair.
G. Application Fees And Bonds: All applications pursuant to this chapter shall be accompanied by the requisite fees required by the Town. Unless otherwise provided in an agreement or agreed to in writing by the Town, a performance or construction bond or other form of surety acceptable to the Town equal to at least one hundred percent (100%) of the estimated cost of the work within the public right-of-way shall be provided before the applicant commences work.
H. Effect Of Permit: A permit from the Town authorizes an applicant to undertake only the activities in the public right-of-way specified in the application and permit, and in accordance with this chapter and any conditions included in the permit. A permit does not authorize attachment to or use of existing poles, towers, support structures or other structures in the public rights-of-way. A permittee or provider must obtain all necessary approvals from the owner of any pole, tower, support structure or other structure prior to any attachment or use. A permit does not create a property right for the applicant. The applicant shall not interfere with other uses or users of the public right-of-way.
I. Duration: Any permit for construction issued under this chapter shall be valid for a period of one (1) year, provided that the one (1) year period may be extended for up to an additional one (1) year upon approval by the governing body or its designee upon the written request of the applicant (made prior to the end of the initial one (1) year period), if the failure to complete construction is as a result of circumstances beyond the reasonable control of the applicant.
J. Batch Permits: An applicant may simultaneously submit not more than ten (10) applications for wireless communication facilities, or may file a single, consolidated application covering such wireless communication facilities, provided that the proposed wireless communication facilities are to be deployed on the same type of structure using similar equipment within the Town. (Ord. 2019-002, 5-7-2019)