A. General Conditions: In addition to all other conditions that may be adopted by the Director for a small cell permit, all such permits issued under this chapter will be automatically subject to the following conditions:
1. Permit Term: This small cell permit will automatically expire three (3) years and one day from its issuance.
2. Permit Renewal: Not more than one year before this small cell permit expires, the permittee may apply for permit renewal.
a. The permittee must demonstrate that the subject small wireless facility complies with all the conditions of approval associated with this small cell permit and all applicable provisions in this Code that exist at the time the decision to renew or not renew the permit is rendered.
b. The Director may modify or amend the conditions on a case-by- case basis as may be necessary or appropriate.
c. Upon renewal, this small cell permit will automatically expire three (3) years and one day from its issuance.
3. Post Installation Certification: Within sixty (60) calendar days after the permittee commences full, unattended operations of a small wireless facility approved or deemed-approved, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the small wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations.
4. Site Maintenance: The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a condition that is like, new, or similar to that which existed immediately prior to installation of the small wireless facility in accordance with the approved construction drawings and all conditions in the small cell permit.
5. Build-Out Period:
a. This small cell permit will automatically expire six (6) months from the approval date (the "build-out period") unless the permittee obtains all other permits and approvals required to construct and/or operate the approved small wireless facility which includes without limitation any permits or approvals required by any Federal, State or local agencies with jurisdiction over the subject property, the small wireless facility or its use.
b. If this build-out period expires, the small cell permit automatically terminates and the City will not extend the build- out period or the permit, but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.
6. Compliance With Laws:
a. The permittee must maintain compliance at all times with all Federal, State and local statutes, regulations, orders or other rules that carry the force of law applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this small cell permit, which includes without limitation any laws applicable to human exposure to radiofrequency emissions.
b. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws.
c. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in this Code, this chapter, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in this Code, this chapter, any permit, any permit condition or any applicable law or regulation.
7. Adverse Impacts On Other Properties: The permittee must use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site.
8. Indemnity: The permittee and, if applicable, the property owner (if not on City-owned infrastructure) upon which the small wireless facility is installed shall defend, indemnify and hold harmless the City, City Council and the City's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "indemnitees") from any and all: a) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("claims") brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the small cell permit, and b) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees' or customers' acts or omissions in connection with this small cell permit or the small wireless facility.
9. Performance Bond: Before the City issues any permits required to commence construction in connection with the small cell permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The performance bond shall expressly survive the expiration, revocation or other termination of this small cell permit to the extent required to completely remove the equipment and improvements, restore the affected areas and perform all other obligations in accordance with this condition.
10. Permit Revocation: Any permit granted under this chapter may be revoked in accordance with the following:
a. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s).
b. The Director must issue a written notice to the permittee that specifies:
(1) The facility;
(2) The violation(s) to be corrected;
(3) The timeframe in which the permittee must correct such violation(s); and
(4) That, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s).
c. A permit granted under this chapter may be revoked only by the City Council after a duly noticed public hearing.
d. The City Council may revoke a permit when it finds substantial evidence in the record to show that the facility is not in compliance with any applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s).
e. Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals.
f. Within five (5) business days after the City Council adopts a resolution to revoke a permit, the Director must provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
11. Abandoned Wireless Facilities: The small wireless facility authorized under the small cell permit will be deemed abandoned if not operated for any continuous six-month period.
a. Within ninety (90) days after a small wireless facility is abandoned or deemed abandoned, the permittee and/or property owner must completely remove the small wireless facility and all related improvements and shall restore all affected areas to a condition that is like, new or similar to that which existed immediately prior to installation of the small wireless facility.
b. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities.
12. Landscaping: The permittee must replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site.
13. Radiofrequency Emission Monitoring: At least two (2) times annually, beginning from the date the small cell permit is issued, the permittee must submit a radiofrequency exposure monitoring report to the City that certifies that the small wireless facility is continuing to comply with the applicable Federal standards for emissions exposure. The report must be prepared by a private, independent third-party and paid for by the permittee.
B. Conditions For Small Wireless Facilities In The Public Rights- Of-Way: In addition to all conditions in subsection A of this section, all small cell permits for small wireless facilities in the public rights-of-way issued under this chapter will be automatically subject to the following conditions:
1. Future Undergrounding Programs:
a. If other public utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee's small wireless facility is located, the permittee must underground its equipment except the antennas and any other equipment that must be placed above ground to function.
b. Such undergrounding shall occur at the permittee's sole cost and expense.
2. Rearrangement And Relocation:
a. The City, in its sole discretion and at any time, may change any street grade, width or location and may add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency.
b. If the Director determines that any City work will require the permittee's small wireless facility located in the public rights- of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation.
c. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's small wireless facility within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense.
d. The City may exercise its rights to rearrange or relocate the permittee's small wireless facility without prior notice to permittee when Director determines that the City work is immediately necessary to protect public health or safety. (Ord. 19-09, 5-20-2019)