(A) Submission. Unless the Wireless Regulations provide otherwise, the applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to the Director.
(B) Content. An application must contain:
(1) Any information required pursuant to the Wireless Regulations.
(2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless facility.
(3) The name of the owner of the structure, if different from the applicant, and proof of owner’s authorization for use of the structure.
(4) A complete description of the proposed wireless facility and any and all work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and dimensioned drawings with specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and a dimensioned map identifying and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360 degree photo simulations must be provided.
(5) Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the Municipal Code and the FCC’s radio frequency emissions standards.
(6) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached. Proprietary information may be redacted.
(7) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this chapter.
(8) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the city. Before and after 360 degree photo simulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the Municipal Code and the FCC’s radio frequency emissions standards.
(9) Proof that notice of the application has been mailed to owners and occupants of real property, and the resident manager for any multi-family dwelling unit that includes ten (10) or more units, within 300 feet of the proposed wireless facility.
(10) If the applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application.
(11) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.
(12) Any required fees.
(C) Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit, as established by City Council resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless encroachment permit unless paid as a refundable deposit.
(D) Waivers. Requests for waivers from any application requirement of this section shall be made in writing to the Director or his or her designee. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwith-standing the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-tailored to minimize deviation from the requirements of the Municipal Code.
(E) Incompleteness. Wireless facility applica-tions will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the Director may notify the applicant and specify the material omitted from the application.
(Ord. 1282, passed 5-1-19)