(A) Form and content. Application for a permit under this Article shall be filed with the City's Building and Zoning Department, on a form provided by that Department. On or in addition to that form, an application shall include the following:
(1) The applicant's name, address, telephone number, and e-mail address, including emergency contact information for the applicant;
(2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the application;
(3) A description of the proposed work and the purposes and intent of the proposed small wireless facility;
(4) If an applicant will collocate small wireless facilities on utility poles owned, operated or managed by a public power supplier, then, as per section 86-1244 RS Neb., the applicant shall provide the City with a certificate from Omaha Public Power District or any other public power supplier showing that it has entered into a "Negotiated Pole Attachment Agreement" for any utility poles in the City's jurisdiction. For a utility pole or support structure owned or controlled by a third party, the applicant shall provide proof of approval of the specific plans by that third party;
(5) Detailed construction drawings regarding the proposed small wireless facility, and any associated equipment and utility pole or support structure. The drawings shall show the location, dimensions, elevations, equipment specifications, and attachment methods for the small wireless facility, all equipment, and the utility pole or support structure;
(6) To the extent the proposed small wireless facility involves collocation on a utility pole or support structure, a structural report performed by a duly licensed engineer evidencing that the pole or support structure will structurally support the collocation (or that the pole or support structure will be modified to meet structural requirements) in accordance with applicable codes;
(7) For any new above ground antenna equipment, a conceptual rendering of the equipment, including accurate visual depictions and locations, if not included in the construction drawings;
(8) A full description of any make-ready work that the applicant believes will need to be performed by the City on City-owned poles in preparation for the proposed installation and use of the small wireless facility, associated equipment and utility pole or support structure;
(9) The application fee as required by this Article;
(10) Bond and certificate of insurance as required by this Article. If the bond is provided by the applicant's general contractor, then Applicant shall furnish a copy of their agreement with said general contractor to the City in which the relationship between the two is defined; and
(11) The application form shall include:
(a) Language providing for the indemnification of the City by the applicant as required by this Article; and
(b) An attestation by the applicant that the small wireless facility shall be operational for use by a wireless services provider within one (1) year after the later of the completion of all make-ready work or the permit issuance date, unless a delay is caused by lack of commercial power or communications transport facilities to the site, in which case the deadline shall be extended for up to nine (9) months.
(c) The applicant's signature on and submittal of the application shall constitute agreement to divisions (a) and (b) above.
(B) Batching.
(1) An applicant may apply for more than one (1) but no more than five (5) small wireless facilities in a single application. Application fees shall be paid for as provided in this Article.
(2) Each small wireless facility within a consolidated application is subject to individual review, except that the denial of one (1) or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same application or be a basis upon which to deny the consolidated application as a whole. If an applicant applies to construct or collocate several small wireless facilities within the jurisdiction of the City, the City shall:
(a) Allow the applicant, at the applicant's discretion, to file a single set of documents that apply to all of the applicant's small wireless facilities; and
(b) Render a decision regarding all of the applicant's small wireless facilities in a single administrative action or proceeding.
(C) Replacement or modification. A permittee shall be required to file an application and pay an application fee for the proposed replacement or modification of an existing small wireless facility, antenna equipment, or associated utility pole or support structure. In such case, the application shall include updated drawings of the facilities showing such replacement or modification. Such proposed replacement or modification shall be reviewed and acted upon by the City as if it were an initial application. This division (C) does not apply to the replacement of a small wireless facility with a small wireless facility that is substantially similar in weight or windage or the same size or smaller, in which case no permit, application, or fee is required.
(D) Shot clock. The City shall act on a filed application, and all associated requests, on or before the expiration of the shot clock period.
(1) The shot clock period for an application is the sum of:
(a) Ninety (90) days, plus one (1) additional period of ten (10) business days if requested in writing by the City prior to the expiration of the ninety (90) days; plus
(b) Such additional number of days of the tolling period, if any, pursuant to division (D)(2) below.
(2) Unless a written agreement between the applicant and the City provides otherwise, the tolling period for an application, if any, is as set forth below:
(a) If the City notifies the applicant in writing on or before the twentieth (20th) day after submission that the application is incomplete, and specifically identifies the missing documents or information, the shot clock date calculation shall restart at zero (0) on the date on which the applicant submits all the documents and information identified by the City to render the application complete.
(b) Subsequent findings of incompleteness shall further toll the shot clock from the time the City sends written notice of incompleteness until the time the applicant provides the missing information.
(c) If the applicant submits new or additional documents or information that include material changes not otherwise required by the City, a new application and application fee shall be submitted.
(3) The shot clock deadline for an application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to this division (D); provided, that if the deadline calculated in this manner falls on a weekend or holiday, the deadline shall be the next business day after such date. The term "business day" means any day that is not a weekend day or holiday.
(E) Permit issuance. Approval of an application authorizes the permittee to maintain and operate the small wireless facilities and any associated utility pole covered by the permit for a period of five (5) years, subject to applicable relocation requirements and the permittee's right to terminate at any time. At the end of each such term, such permit shall be considered automatically renewed for an equivalent duration so long as the permittee is in compliance with applicable criteria of section 86-1237(5)(j) RS Neb. as such criteria existed at the time the permit was issued. (Ord. No. 1067, 6/1/21)