§ 116.04  DETERMINATION.
   (A)   Within 25 days after receiving an application, the city shall notify the applicant in writing whether the application is complete. If the application is incomplete, the notice shall clearly and specifically identify all missing documents or information.
   (B)   Upon receipt of a complete application, the city shall approve or deny the application and notify the applicant in writing within the following period of time after the completed application is received:
      (1)   For an application for the co-location of small cell wireless facilities on a utility pole, 60 days, subject to the following adjustments:
         (a)   Add 15 days if an application from another wireless provider was received within one week of the application in question.
         (b)   Add 15 days if, before the otherwise applicable 60-day or 75-day time period elapses, the city notifies the applicant in writing that an extension is needed and the reasons for the extension.
      (2)   For an application for a new or replacement utility pole that meets the height requirements of  13(5)(a) of the Act and associated small cell facility, 90 days, subject to the following adjustments:
         (a)   Add 15 days if an application from another wireless provider was received within one week of the application in question.
         (b)   Add 15 days if, before the otherwise applicable 90-day or 105-day time period elapses, the city notifies the applicant in writing that an extension is needed and the reasons for the extension.
      (3)   If the city fails to comply with this division (B), an application otherwise complete is considered to be approved subject to the condition that the applicant provide the city not less than 7 days' advance written notice that the applicant will be proceeding with the work pursuant to this automatic approval and the applicant shall be responsible to comply with all provisions of this chapter and the Act.
      (4)   The city and an applicant may extend a time period under this subsection by mutual agreement.
   (C)   The city may deny a completed application for a proposed co-location of a small cell wireless facility or installation, modification, or replacement of a utility pole that meets the height requirements in  13(5)(a) of the Act if the proposed activity would do any of the following:
      (1)   Materially interfere with the safe operation of traffic control equipment.
      (2)   Materially interfere with sight lines or clear zones for transportation or pedestrians.
      (3)   Materially interfere with compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, or similar federal, state, or local standards regarding pedestrian access or movement.
                                          
      (4)   Materially interfere with maintenance or full unobstructed use of public utility infrastructure under the jurisdiction of the city.
      (5)   With respect to drainage infrastructure under the jurisdiction of the city, either of the following:
         (a)   Materially interfere with maintenance or full unobstructed use of the drainage infrastructure as it was originally designed.
         (b)   Not be located a reasonable distance from the drainage infrastructure to ensure maintenance under the drain code of 1956, 1956 PA 40, M.C.L.A.  280.1 to 280.630, and access to the drainage infrastructure.
      (6)   Fail to comply with reasonable, nondiscriminatory, written spacing requirements of general applicability adopted by the city by ordinance or otherwise that apply to the location of ground-mounted equipment and new utility poles and that do not prevent a wireless provider from serving any location.
      (7)   Fail to comply with applicable codes.
      (8)   Fail to comply with any provision of this chapter.
      (9)   Fail to meet reasonable, objective, written stealth or concealment criteria for small cell wireless facilities applicable in a historic district or other designated area, as specified in an ordinance or otherwise and nondiscriminatorily applied to all other occupants of the ROW, including electric utilities, incumbent or competitive local exchange carriers, fiber providers, cable television operators, and the city.
   (D)   Within one year after a permit is granted, a wireless provider shall complete co-location of a small cell wireless facility that is to be operational for use by a wireless services provider, unless the city and the applicant agree to extend this period or the delay is caused by the lack of commercial power or communications facilities at the site. If the wireless provider fails to complete the co-location within the applicable time, the permit is void, and the wireless provider may reapply for a permit.
   (E)   Approval of an application authorizes the wireless provider to do both of the following:
      (1)   Undertake the installation or co-location.
      (2)   Subject to relocation requirements that apply to similarly situated users of the ROW and the applicant's right to terminate at any time, maintain the small cell wireless facilities and any associated utility poles or wireless support structures covered by the permit for so long as the site is in use and in compliance with the initial permit under this chapter.
   (F)   The city may propose an alternate location within the ROW or on property or structures owned or controlled by the city within 75 feet of the proposed location to either place the new utility pole or co-locate on an existing structure. The applicant shall use the alternate location if, as determined by the applicant, the applicant has the right to do so on reasonable terms and conditions and the alternate location does not impose unreasonable technical limits or significant additional costs. The city may request written confirmation of any decision rendered by the applicant under this subsection and the specific basis for the same.
   (G)   Nothing herein shall prohibit the city from requiring a separate ROW access permit for work that will unreasonably affect traffic patterns or obstruct vehicular or pedestrian traffic in the ROW.
   (H)   As a condition of the issuance of a permit, the applicant shall obtain and maintain a bond, in the amount of $1,000.00 per small cell wireless facility, in a form reasonably satisfactory to the city, for the small cell wireless facilities as applicable to similarly situated users of the ROW for one or more of the following purposes:
      (1)   To provide for the removal of abandoned or improperly maintained small cell wireless facilities, including those that an authority determines should be removed to protect public health, safety, or welfare.
      (2)   To repair the ROW as provided under the Act.
      (3)   To recoup rates or fees that have not been paid by a wireless provider in more than 12 months, if the wireless provider has received 60-day advance notice from the authority of the noncompliance.
   (I)   It is a condition of any permit issued under this chapter that:
      (1)   A wireless provider, with respect to a small cell wireless facility, a wireless support structure, or a utility pole, shall defend, indemnify, and hold harmless the city and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney fees resulting from the installation, construction, repair, replacement, operation, or maintenance of any wireless facilities, wireless support structures, or utility poles to the extent caused by the applicant, its contractors, its subcontractors, and the officers, employees, or agents of any of these. A wireless provider has no obligation to defend, indemnify, or hold harmless the city, or the officers, agents, or employees of the city or governing body against any liabilities or losses due to or caused by the sole negligence of the city or its officers, agents, or employees.
      (2)   A wireless provider, with respect to a small cell wireless facility, a wireless support structure, or a utility pole, shall obtain insurance, in an amount and of a type reasonably satisfactory to the city, naming the city and its officers, agents, and employees as additional insureds against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney fees. A wireless provider may meet all or a portion of the city's insurance coverage and limit requirements by self-insurance. To the extent it self-insures, a wireless provider is not required to name additional insureds under this subsection. To the extent a wireless provider elects to self-insure, the wireless provider shall provide to the city evidence demonstrating, to the city's satisfaction, the wireless provider's financial ability to meet the city's insurance coverage and limit requirements.
      (3)   It is the policy of the city to encourage the co-location of small cell wireless facilities first, outside of public rights-of-way and, secondarily, within the public rights-of-way. The co-location of uses shall be a condition of approval of any permit granted for a new wireless support structure or utility pole in the public right-of-way; provided, however, that the co-location requirement may be waived if the pole or support structure is disguised or stealthed so as to blend with the immediate environment (e.g., streetlights, power poles, etc.).
(Ord. 190826-1, passed 8-26-2019)