Notwithstanding anything to the contrary in this article, eligible facilities requests, as defined in the Federal Communications regulation 47 C.F.R. § 1.40001(b)(3), as amended, implementing federal law 47 U.S.C. § 1455(a), as amended, shall be processed according to the requirements of 47 C.F.R. § 1.40001, as amended, and this section. The definitions in 47 C.F.R. § 1.40001, as amended, apply to this section.
(A) Application requirements. An application shall be submitted for approval of eligible facilities requests containing at least the following:
(1) A completed application form signed by the applicant, and identifying a person who may be contacted regarding the application, and that person's mail and email addresses and telephone number.
(2) A clear statement that the request is being made as an eligible facilities request pursuant to this section and complies with all requirements set forth therein.
(3) A clear description of the work proposed, including but not limited to, a description of the excavation that may be associated with the work, and a description of the base station elements or wireless support structure elements that may be modified, and the modifications that will be made; and the date(s) and time(s) during which the work will take place.
(4) Photographs and scale drawings showing the dimensions and location of the base station, wireless support structure and accessory facilities prior to performance of the work proposed, and photo simulations and scale drawings showing the dimensions and locations of the same after the work is performed. The drawings should include drawings of the wireless support structure and base station as approved by the city (or as the facility existed on February 1, 2012, if approved prior to that date); and detailed drawings of the modifications proposed to the wireless support structure or base station.
(5) A statement certifying that, before commencing, during performance of, and upon completion of the work proposed, the permitted wireless facility will comply with all applicable laws, regulations, practices or other requirements under federal, state or local law, including but not limited to, building and electrical codes.
(6) Written certification from a licensed professional engineer certifying that the host wireless support structure or structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas and other equipment, extensions and appurtenances associated with the modification, and that the modification will not cause the facility to violate existing fall zone requirements.
(B) Action upon receipt.
(1) Review. Upon receipt of an application for approval of an eligible facilities request, the city shall review such application to determine whether the application qualifies as an eligible facilities request and is complete, and shall promptly notify the applicant if the application is incomplete or is not an eligible facilities request within the time frames specified in 47 C.F.R. § 1.40001, as amended. An application is incomplete if it omits or withholds any required information, or fails to provide information in sufficient detail to determine whether the application is for an eligible facilities request, or to determine whether the work will be performed in accordance with, and will result in a wireless facility that complies with applicable safety codes.
(2) Approval. If the application is an eligible facilities request and the application is complete, it shall be approved subject to this section. This section shall be operative, and any approval issued pursuant to this section shall remain in effect only so long as federal law, 47 U.S.C. § 1455, and implementing Federal Communications Commission regulations, 47 C.F.R. § 1.40001 regulations, require approval of an eligible facilities request as defined herein. By approval, the city solely intends to comply with a requirement of federal law and not to grant any property rights or interests except as compelled by federal law.
(3) Denial. If the application does not satisfy requirements for an eligible facilities request, or if the applicant fails to submit a complete application after being notified that the application is incomplete by a time specified by the city; or the application would otherwise result in a wireless facility that does not comply with applicable federal state or local laws, the application shall be denied within 60 days of receipt unless the city and the applicant agree to a different date for action on the application.
(4) Exceptions: effect of approval. The city may except particular applications from approval, or may condition approval as appropriate consistent with federal law. Without limitation, approval does not exempt applicant from, or prevent city from opposing a proposed modification that is subject to compliance under the National Historic Preservation Act or the National Environmental Protection Act.
(Ord. O2018-014, passed 8-1-2018)