163.04 APPLICATION REQUIRED.

   (a)   General Requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.

(1)   No person shall occupy or use the right-of-way except in accordance with law.

(2)   In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.

(3)   No person shall occupy or use the right-of-way without first obtaining a Right-of-Way Permit-Small Cell pursuant to this Chapter and Chapter 153 of the Codified Ordinances, as limited under Section 163.02(c). To obtain such a Permit requires submission of the appropriate, completed Application Form and all required documentation, payment of the fees required by Section 163.10, and provision of a bond or other assurance as required by Section 163.09(c).

   (b)   Pre- or Post-Application Meeting. 

(1)   Prior to or after filing a formal application for a Right-of-Way Permit-Small Cell, an applicant may choose, or the City may require an applicant, to meet with the Departments of Public Works and Planning to review the proposed small cell facilities and wireless support structure locations, design, and the application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the City.

(2)   An applicant must contact the designated City staff member as noted on the application form to request a meeting.

   (c)   Application Required. An operator may apply to the City for a Right-of-Way Permit-Small Cell to collocate a small cell facility on an existing wireless support structure and/or to construct, modify, or replace wireless support structures in, along, across, upon, and under the City's right-of-way. Anyone applying for a Right-of-Way Permit-Small Cell shall submit an application with the City in accordance with the requirements in this Chapter and the Rules and Regulations adopted by the City entitled "Application Process and Design Guidelines for Small Cell Facilities and Wireless Support Structures within the Right-of-Way," and as such Rules and Regulations may be modified from time to time.

   (d)   Complete Application. In order for an application for a Right-of-Way Permit-Small Cell to be considered complete, an applicant shall submit to the City all materials and information required by this Chapter and the Rules and Regulations adopted by the City, payment of the fees required by Section 163.10, and a bond or other assurance as required by Section 163.09(c).

(Ord. 18-56. Enacted 7-23-18.)