Loading...
(a) Determination in Writing. The Department’s final determination to approve or deny an Application for a Personal Wireless Service Facility Site Permit shall be in writing and shall set forth the reasons therefor. If the Department’s final determination to approve an Application contains any Conditions imposed by any City department that reviewed the Application, the Conditions shall also be in writing.
(b) Denial. The Department shall issue a final determination denying an Application for a Personal Wireless Service Facility Site Permit within three business days of any of the following events:
(1) The Department’s receipt of a determination from the Department of Public Health that the Application does not satisfy the Public Health Compliance Standard;
(2) (A) The Department’s determination that the Application does not meet the applicable Tier A, B, or C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) where applicable, the Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application does not meet the applicable Tier A, B, or C Compatibility Standard; or
(3) If any City department reviewing the Application adds any Conditions to its approval of the Application, the Department’s receipt of a notice from the Applicant that it rejects any of those Conditions.
(c) Approval. The Department shall issue a final approval of an Application within three business days of the occurrence of the last of the following events:
(1) The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard;
(2) (A) The Department’s determination that the Application meets the applicable Tier A, B, or C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) where applicable, the Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application meets the applicable Tier A, B, or C Compatibility Standard; and
(3) If applicable, the Department’s receipt of a notice from the Applicant that it accepts any Conditions imposed by any City department that reviewed the Application.
(a) Notice of Approval. The Applicant shall provide notice to the general public of a final determination to approve an Application for a Personal Wireless Service Facility Site Permit.
(1) Types of Notice Required.
(A) The Applicant shall promptly mail a copy of the Department’s final determination to approve an Application for a Personal Wireless Service Facility Site Permit to: (i) any Person who owns property that is within 300 feet of the approved location for the Personal Wireless Service Facility; (ii) any Person who is a tenant in any residential property that is within 300 feet of the approved location for the Personal Wireless Service Facility; (iii) any neighborhood association identified by the Planning Department for any neighborhood that is within 600 feet of the approved location for the Personal Wireless Service Facility; and (iv) the member of the Board of Supervisors who represents the district in which the approved Personal Wireless Service Facility would be located.
(B) The Applicant shall promptly post notice of the Department’s final determination to approve an Application for a Personal Wireless Service Facility Site Permit on the Utility Pole to be used for the proposed Personal Wireless Service Facility and on a minimum of four other Utility Poles, other poles, or other conspicuous places located within 300 feet of the approved location for the Personal Wireless Service Facility. The Applicant shall provide the Department with such evidence of compliance with this requirement.
(2) Contents and Form of Notice. A notice of final determination to approve an Application for a Personal Wireless Service Facility Site Permit shall contain such information, and be in such form, as the Department reasonably requires in order to inform the general public of the approved Application. At a minimum, the notice of final determination shall:
(A) Provide a description and a photo-simulation of the approved Personal Wireless Service Facility;
(B) Summarize the determinations of the City departments that were necessary for the approval of the Application, including any Conditions added by any City departments that were accepted by the Applicant;
(C) State that any Person may file an appeal of the approval of the Application with the Board of Appeals within 15 days after the date that all notices required by Section 1514(a) above have been provided;
(D) Describe the procedure for submitting a timely appeal;
(E) Specify the applicable grounds for appealing the approval of the Application set forth in Section 1530 1 below; and
(F) Explain how any interested Person may obtain additional information and documents related to the Permit.
(b) Notice of Denial. The Department shall provide notice of a final determination to deny an Application for a Personal Wireless Service Facilities Site Permit.
(1) Type of Notice Required. The Department shall promptly mail a notice of final determination to deny an Application for a Personal Wireless Service Facility Site Permit to the Applicant.
(2) Contents of Notice. A notice of final determination to deny an Application for a Personal Wireless Service Facility Site Permit shall at a minimum:
(A) Summarize the determinations of any City departments that were necessary for the denial of the Application, including any Conditions added by any City departments that were rejected by the Applicant.
(B) State that the Applicant may file an appeal of the denial of the Application with the Board of Appeals within 15 days of the Department’s mailing of the notice.
(C) Describe the procedure for submitting a timely appeal; and
(D) Specify the applicable grounds for appealing the denial of the Application set forth in Section 1530 1 below.
CODIFICATION NOTE
(a) Appeal Permitted. Any Person may appeal a Department final determination with respect to an Application for a Personal Wireless Service Facility Site Permit to the Board of Appeals.
(b) Final Determination.
(1) Approval or Denial. The Department's approval or denial of an Application for a Personal Wireless Service Facility Site Permit shall be an appealable final determination under this Section.
(2) Refusal To Accept Conditions. The Department's denial of an Application for a Personal Wireless Service Facility Site Permit based on the Applicant's refusal to accept any Conditions imposed by a City department shall be an appealable final determination under this Section.
(c) Board of Appeals Review. Upon such appeal, the Board of Appeals shall determine whether the final determination was correct under the provisions of this Article 25.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Notice of Completion. A Permittee shall notify the Department immediately upon completion of the installation of a Personal Wireless Service Facility. The notice of completion must include a written statement from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
(b) Inspection.
(1) Required After Installation. The Department shall inspect a Personal Wireless Service Facility installed in the Public Rights-of-Way within a reasonable time after a Permittee provides the Department with a notice of completion required under Section 1516(a) above. The Department shall determine during the inspection whether:
(A) The installation is in accordance with the requirements of the Personal Wireless Service Facility Site Permit; and
(B) The permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
(2) Subsequent Inspection. If at any time the Department has a valid reason to believe that a permitted Personal Wireless Service Facility does not comply with the Public Health Compliance Standard, the Department shall require the Permittee to provide additional proof of compliance with the Public Health Compliance Standard. The Department may also request that the Department of Public Health inspect the facility.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Compliance Required. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must comply with the terms and conditions of the Permit and this Article 25.
(b) Notice of Deficiency.
(1) Non-Compliance with Permit. If the Department determines, either after an inspection required under Section 1516(b) above or at any other time, that a Personal Wireless Service Facility is not in compliance with the Personal Wireless Service Facility Site Permit or this Article 25, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance.
(2) Radio Frequency Emissions. If the Department determines, either after an inspection required under 1515(b) above or at any other time, that potential human exposure to radio frequency emissions from a permitted Personal Wireless Service Facility exceeds FCC guidelines, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with FCC guidelines.
(3) Noise. If the Department determines, either after an inspection required under 1516(b) above or at any other time, that noise from a permitted Personal Wireless Service Facility at any time of the day or night exceeds forty-five (45) dBA as measured at a distance three (3) feet from any residential building facade, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with the noise limit.
(c) Department Remedies.
(1) Required Action. If a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department shall:
(A) Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance; or
(B) Require a Permittee to remove the non-compliant Personal Wireless Service Facility from the Public Rights-of-Way; and
(C) Charge to a Permittee the reasonable costs that the City has actually incurred including, but not limited to, administrative costs.
(2) Discretionary Action. In addition to the foregoing, if a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department may deny any pending Application for a Personal Wireless Service Facility Site Permit.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Permittee Must Maintain Facilities. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must be properly maintained and used to provide Personal Wireless Services.
(b) Notice of Abandonment. A Permittee shall notify the Department, or the Department may determine and notify a Permittee, that a Personal Wireless Service Facility installed in the Public Rights-of-Way has been abandoned either because it has not been properly maintained or because it is no longer being used to provide Personal Wireless Services. In such event, a Permittee shall promptly remove the abandoned Personal Wireless Service Facility as required by the Department and at Permittee's expense.
(c) Remedy for Non-Compliance. If a Permittee fails to remove an abandoned Personal Wireless Service Facility within a reasonable period of time after receiving a notice of abandonment, the Department shall take all reasonable, necessary, and appropriate action to remedy the Permittee's failure to comply with the notice (including removing the Personal Wireless Service Facility) and may charge to the Permittee the reasonable costs the City has actually incurred including, but not limited to, administrative costs.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
Loading...