(a) Reviewing Authority. The Director of Public Works (''the Director'') or its designee is responsible for administering this Chapter. As part of the administration of this Chapter, the Director may:
(1) Interpret the provisions of this Chapter;
(2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
(3) Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;
(4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Chapter;
(5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Chapter;
(6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;
(7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;
(9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application
(b) Appeal.
(1) Any person adversely affected by the decision of the Director pursuant to this Chapter may appeal the Director's decision to the Hearing Officer, as the term is defined in Section 9.94.010, which may decide the issues de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility.
(2) Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the Hearing Officer, consistent with provisions as provided in Chapter 9.94. All appeals must be filed within two (2) business days of the written decision of the Director, unless the Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
(Ord. MC-1560, 6-16-21)