(A) Permitted use. Small wireless facilities shall be classified as permitted uses and subject to administrative review, except for applications including requested variations from the requirements of this chapter as specified herein, and not subject to zoning review or approval if they are collocated (i) in rights-of-way in any zoning district, or (ii) outside rights-of-way in property zoned exclusively for commercial or industrial use.
(B) Permit required. No person shall place, construct, reconstruct or modify a small wireless facility within the city without a permit. An applicant shall obtain one or more permits from the city to collocate a small wireless facility. An application shall be received and processed, and permits issued shall be subject to the following conditions and requirements:
(1) Application requirements. A wireless provider shall provide the following information to the city, together with the city's Small Wireless Facilities Permit Application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
(a) Site specific structural integrity and, for a municipal utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
(b) The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. This shall include a photo simulated depiction of the completed facility;
(c) Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed, to include dimensional details of small wireless facilities and mounting hardware used to attach equipment to the utility pole or small wireless support structure;
(d) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
(e) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved;
(f) Certification that the collocation complies with the Collocation Requirements and Conditions stated in § 95.103, to the best of the applicant's knowledge:
(g) In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the city, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation;
(h) In the event that the proposed small wireless facility is to be attached to an existing pole owned by the city, the wireless provider shall be required to enter into a pole usage agreement pursuant to § 95.102(B)(2)(e) of this subchapter;
(i) Specific designation of any proposed small wireless facility as an "eligible facility request" as that term is defined in the Federal Telecommunications Act, 42 USC § 1455; and
(j) All other documentation and materials identified in § 95.33(C).
(2) Application process. The city shall process applications as follows:
(a) The first completed application shall have priority over applications received by different applicants for collocation on the same utility pole or wireless support structure.
(b) 1. An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the city fails to approve or deny the application within 90 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the city in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application.
3. The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the tenth day after the receipt of the deemed approved notice by the city. The receipt of the deemed approved notice shall not preclude the city's denial of the permit request within the time limits as provided under this subchapter.
(c) 1. An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the city fails to approve or deny the application within 120 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the city in writing of its intention to invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application.
3. The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the tenth day after the receipt of the deemed approved notice by the city. The receipt of the deemed approved notice shall not preclude the city's denial of the permit request within the time limits as provided under this subchapter.
2. If the city determines that applicable codes, ordinances or regulations that concern public safety, or the Collocation Requirements and Conditions stated in § 95.103 require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
3. The city shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based and send the documentation to the applicant on or before the day the city denies an application.
4. The applicant may cure the deficiencies identified by the city and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The city shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the applicant to submit a new application with applicable fees and recommencement of the city's review period. The applicant must notify the city in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
5. Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
(e) Pole attachment agreement. Within 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a Master Pole Attachment Agreement, provided by the city for the initial collocation on a municipal utility pole by the application. For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a License Supplement of the Master Pole Attachment Agreement.
(3) Completeness of application.
(a) Within 30 days after receiving an application, the city shall determine whether the application is complete and notify the applicant. If an application is incomplete, the city must specifically identify the missing information. An application shall be deemed complete if the city fails to provide notification to the applicant within 30 days after all documents, information and fees specifically enumerated in the city's permit application form are submitted by the applicant to the city.
(b) Processing deadlines are tolled from the time the city sends the notice of incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
(a) An express written agreement by both the applicant and the city; or
(b) A local, state or federal disaster declaration or similar emergency that causes the delay.
(5) Consolidated applications.
(a) An applicant seeking to collocate small wireless facilities within the jurisdiction of the city shall be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
(b) If an application includes multiple small wireless facilities, the city may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The city may issue separate permits for each collocation that is approved in a consolidated application.
(6) Duration of permits.
(a) The duration of a permit shall be for a period of not less than five years, and the permit shall be renewed for equivalent durations unless the city makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable city codes or any provision, condition or requirement contained in this subchapter.
(b) If the Small Wireless Facilities Deployment Act is repealed as provided in Section 90 therein, renewals of permits shall be subject to the applicable city code provisions or regulations in effect at the time of renewal.
(7) Means of submitting applications. Applicants shall submit applications, supporting information and notices to the city by personal delivery at the city's designated place of business, by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
(Ord. 18-27, passed 6-26-18)