(A) Review authority. The Director 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 design, location and development standards for wireless facilities in the ROW, taking into account the zoning districts bounding the ROW;
(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) 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 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, that an applicant for a wireless encroachment permit send 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 claiming to be adversely affected by the decision of the Director pursuant to this chapter may appeal the Director’s decision. The appeal will be considered by a Hearing Officer appointed by the City Manager. The Hearing Officer 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 wireless facility. As Section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, appeals of the Director’s decision premised on the environmental effects of radio frequency emissions will not be considered.
(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. 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. The appeal shall be conducted in accordance with any procedures adopted in the Wireless Regulations.
(Ord. 1282, passed 5-1-19)