A. Applications: Application for a permit is made to the City on the form provided by the City. Right-of-way permit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions:
1. Registration with the City pursuant to this chapter;
2. Submission of a completed permit application form, including all required attachments.
3. Electronic submission of a detailed description and drawing to a scale, as required by the City, showing the location and area of the proposed project and the location of all known existing and proposed facilities of the permittee in the project area. Drawings and descriptions shall include, but not be limited to, the identification of the obstructions to be placed, the size and depth of any excavation, the schedule for commencement and completion of the proposed project, the identification of the existing right-of-way, the location of existing sidewalks, trailways and other improvements and the location and size of any trees impacted in the designated work area.
4. Payment of all money due the City for:
a. Permit fees, estimated restoration costs and other management costs;
b. Prior excavation or obstruction permits;
c. Any undisputed loss, damage, or expense suffered by the City because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City;
d. Franchise fees or other charges, if applicable.
5. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least one hundred ten percent (110%) of the amount owing.
6. Application for a permit may not be filed more than ten (10) weeks prior to the anticipated installation start date proposed by the right-of-way user or prior to construction plan completion by the subdivider’s engineer.
B. Deadline For Action:
1. The City shall approve or deny a small wireless facility permit application for attachment of a small wireless facility using a new structure within ninety (90) days after receiving a complete application.
2. The City shall approve or deny a small wireless facility permit application for collocation of a small wireless facility using a preexisting structure within sixty (60) days after receiving a complete application.
C. Consolidated Applications: An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed by the City, provided that all small wireless facilities in an application:
1. Are located within a two-mile radius;
2. Consist of substantially similar equipment; and
3. Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application.
D. Tolling Of Deadline For Action: The applicable sixty (60) or ninety (90) day deadline for action may be tolled if:
1. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within thirty (30) business days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the City’s determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant’s submittal of additional information in response to a notice of incompleteness, the City has ten (10) days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the sixty (60) or ninety (90) day deadline for action.
2. The City and applicant may agree in writing to toll the review period. (Ord. 990, 12-4-2017; amd. Ord. 1034, 10-5-2020; Ord. 1054, 11-1-2021)