(A) Right-of-way encroachment agreement. Prior to installing any small wireless facility, a utility pole associated with a small wireless facility, or wireless support structure in, on, under, or above any town right-of-way, a person shall enter into a right-of-way encroachment agreement with the town consistent with the provisions contained in this subchapter.
(B) Permitting and applications. Prior to installing any small wireless facility, a utility pole associated with a small wireless facility or wireless support structure in, on, under, or above any town right-of-way, a person shall submit an application for a permit as specified in form and content by the town. An application shall also be submitted for any eligible facilities request.
(C) Application requirements. An application shall be made by the wireless provider or its duly authorized representative and shall contain 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 filing of the application;
(3) A detailed drawing of the type of wireless facility proposed including proposed height, the location of any ground-mounted equipment, necessary screening, and the color and design of all antennas;
(4) A site plan with sufficient detail to show the proposed location of items the applicant seeks to install in the right-of-way;
(5) An attestation that any small wireless facilities will be collocated on a utility pole, town utility pole, or wireless support structure and that the small wireless facilities will be activated for use by a wireless services provider to provide service no later than one year from the permit issuance date unless the town and the wireless provider agree to extend this period or a delay is caused by a lack of commercial power at the site. In instances where an applicant seeks to construct a new utility pole, the applicant shall include a statement regarding the infeasibility of collocation on existing structures;
(6) If applicable, a statement of authorization from the owner of any privately-owned utility poles or wireless support structures in which the small wireless facility will be placed or attached;
(7) A structural engineering report prepared by an engineer licensed in the state certifying that the host structure is structurally and mechanically capable of supporting the proposed additional antenna, configuration of antennas, and other equipment, extensions, and appurtenances associated with the installation; and
(8) A statement from the applicant that, to the best of the applicant’s knowledge, the statements contained in the application are true.
(D) Proprietary information in application. Applications are public records that may be made publicly available. Notwithstanding the foregoing, an applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as trade secret by clearly marking each page of such materials accordingly. Trade secret information shall be filed as a separate addendum to the application.
(E) Review and approval. All applications received by the town shall be reviewed by the Engineering Services Department pursuant to the following:
(1) Completeness review. Within ten days of receiving an application, the town will review the application for completeness. An application will be deemed complete unless the town issues a notice of incompleteness to the applicant identifying the deficiencies of the application. If an application is deemed incomplete, the applicant must cure the deficiencies within ten days of the date of the notice of incompleteness. Any resubmittal received by the town more than ten days after the date of the notice of incompleteness will be treated as a new application. The deadlines herein may be extended by mutual agreement of the applicant and the town.
(2) Application review. The town shall review an application within 45 days from the time the application is deemed complete. An application will be deemed approved if the town fails to approve or deny the application within this time unless the applicant and the town have mutually agreed to extend this time frame.
(3) Denial.
(a) The town may deny an application on the basis that it does not meet any of the requirements below:
1. The town’s applicable codes;
2. Local code provisions or regulations that concern public safety, objective design standards for decorative utility poles, town utility poles, or reasonable and nondiscriminatory concealment requirements including screening and landscaping for ground-mounted equipment;
3. Public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way; or
4. Historic preservation requirements.
(b) If the town denies an application, the town must:
1. Document the basis for a denial including the specific code provisions on which the denial was based; and
2. Send the documentation to the applicant on or before the day the town denies the application.
(c) The applicant may cure the deficiencies identified by the town and resubmit the application within 30 days of the denial without paying any additional application fee. The town shall approve or deny the revised application within 30 days of the date on which the application was resubmitted. Any subsequent review shall be limited to the deficiencies cited in the prior denial.
(F) Consolidated application. An applicant seeking to collocate small wireless facilities at multiple locations within the town shall be allowed to file a consolidated application for no more than 25 separate facilities and receive a permit for the collocation of all the small wireless facilities meeting the requirements of this subchapter. The town may remove small wireless facility collocations from a consolidated application and treat separately small wireless facility collocations for which incomplete information has been provided or that are denied. The town may issue a separate permit for each collocation that is approved.
(G) Fees. The town reserves the right to impose any fees permitted by state and federal law.
(H) Effect of permit. A permit from the town authorizes an applicant to undertake only certain activities in accordance with this subchapter and as specified in the permit. A permit does not create a property right or grant authority to the applicant to impinge or encroach upon the rights of others who may already have an interest in the right-of-way.
(I) Compliance with permit.
(1) All construction practices and activities shall be in accordance with the approved permit. The town shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements.
(2) All work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this subchapter shall be removed at the sole expense of the applicant. The town may stop work in order to assure compliance with the provision of this subchapter.
(J) Duration. Collocation of a small wireless facility shall begin within six months of approval and shall be activated no later than one year from the permit issuance date unless a delay is caused by a lack of commercial power at the site. Failure to begin collocation within six months will void the permit. A small wireless facility not activated within one year of permit issuance will be considered abandoned and shall be removed from the right-of-way at the wireless provider’s expense.
(K) Post construction. The applicant shall provide to the town as-built drawings in an acceptable format as designated by the town upon completion of the installation.
(Prior Code, § 24-5) (Ord. 02-19, passed 4-11-2019)