(A) Permits for placement of wireless facilities are required. All applications shall demonstrate compliance with the requirements of this subchapter. All applications for permits pursuant to this subchapter shall be accompanied by a non-refundable application fee according to the following schedule:
(1) Single wireless telecommunication facility on an existing structure - $650.
(2) Multiple wireless telecommunication facilities (maximum 25) included in a single application to collocate on existing structures- $350 each.
(3) Wireless telecommunication facility that includes installation of a new utility pole or structure - $1,000 each.
(B) Annual recurring rate. The wireless services provider shall pay an annual recurring rate for each permitted location of $200 per year or an amount equal to the city’s direct costs, whichever is greater, to collocate telecommunication facilities on city-owned infrastructure. Initial payment shall be received prior to permit issuance by the city. Thereafter, payment shall be received annually beginning on the second May 1st following the initial payment.
(C) Penalties.
(1) Any person who violates any provision of this subchapter or fails to comply with any requirements thereof, or who constructs, alters, repairs, disconnects, removes any facility within the city rights-of-way in violation of an approved plan or directive of the City Director of Utilities and Engineer or his designee, or fails to apply for or obtain a permit issued under the provisions of this subchapter shall be guilty of an offense punishable by a fine equal to the greater of:
(a) Five hundred ($500) dollars; or
(b) Twice the assessed application fees under this subchapter; or
(c) An amount sufficient to correct any deficiencies or maintain the proper movement and safety.
(2) Each day that a violation continues shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from compliance with the requirements of this subchapter.
(D) The city shall not require an application, approval or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way, for:
(1) Routine maintenance;
(2) The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the city at least ten days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with § 126.103 of the Small Wireless Facility Deployment Act; or
(3) The installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
(E) Wireless providers shall secure a permit from the city to work within rights-of-way for activities that affect traffic patterns or require lane closure.
(Ord. 9345, passed 8-27-2018)