(a) Form and content. An application for a permit under this article shall be filed with the Public Works 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 wireless facility sufficient to demonstrate compliance with the criteria in this article.
4. Any and all additional forms and necessary documentation for all permits required for the installation, maintenance, or operation of a small wireless facility, including but not limited to electrical permits, excavation permits, and certificates of approval for facilities within a landmark or historic district.
5. If applicable, documentation or authorization from the owner of the utility pole or wireless support structure on or in which the wireless facility will be placed or attached, if not the city. Alternatively, a wireless provider may satisfy this requirement by providing an attestation with the application that all required approvals from third parties will be obtained before attaching to a utility pole or wireless support structure owned by a third party.
6. Construction and engineering 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.
7. For any new above ground wireless facilities, accurate visual depictions or representations, if not included in the construction drawings.
8. A full description of any make-ready work to be performed by the city in preparation for the proposed installation and use of the small wireless facility, associated equipment and utility pole or wireless support structure.
9. The application fee as required by this article.
10. Bonds and insurance coverage as required in this article or by the City Code and as applicable to all users of the right-of-way.
11. The application form shall include:
a. Language providing for the indemnification of the city by the applicant, registrant and wireless provider 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 nine months after the later of the completion of all make-ready work or the permit issuance date, unless a delay is caused by a lack of commercial power or communications transport facilities to the site, in which case the deadline shall be extended for up to nine months. The city and applicant may mutually agree to an additional extension.
The applicant’s signature on and submittal of the application shall constitute agreement to subsections 11 a. and b. above.
(b) Other information. An applicant shall not be required to provide more information to obtain a permit than a communications service provider that is not a wireless provider, except as directly related to the impairment of wireless service in the immediate area of the proposed small wireless facility and except that an applicant may be required to include construction and engineering drawings and information demonstrating compliance with the Act.
(c) Batching. An applicant seeking to collocate small wireless facilities may apply for more than one but no more than five small wireless facilities in a single application, provided that all information required by this article is provided for each separate small wireless facility. Provided full and complete information is submitted for each small wireless facility, a single set of documents may address more than one small wireless facility. Application fees shall be paid for each small wireless facility, as provided in this article. Each small wireless facility within a consolidated application is subject to individual review, except that the denial of one 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. A decision regarding all of the applicant's batched wireless facilities shall be rendered in a single administrative proceeding.
(d) 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 subsection (d) does not apply to ordinary maintenance or repair, or 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.
(e) Shot clocks. Except as otherwise provided in this subsection, the city shall act on a filed application, and all associated requests, on or before the expiration of the following State shot clock periods.
1. The shot clock period for a small wireless facilities application is the sum of:
a. Ninety days, plus an additional ten business days if requested in writing by the city prior to the expiration of the 90 days, plus
b. Such additional number of days of the tolling period, if any, pursuant to subsection (e)(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 day after submission that the application is incomplete, and specifically identifies the missing documents or information, the shot clock date calculation shall restart on the date the city notifies the applicant of the first finding of incompleteness. The applicant may resubmit the completed application within 30 days without additional charge.
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. The application processing deadline also may be tolled by agreement of the applicant and the city.
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.
d. The city may extend the application processing deadline for a single period of ten business days if the city notifies the applicant in advance before the day on which approval or denial is originally due. Upon mutual agreement between the applicant and the city, the city may extend the period for consideration of an application for thirty days.
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 subsection (e); 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.
4. An application shall be processed on a nondiscriminatory basis and deemed approved if the authority fails to approve or deny the application within 90 days after receipt of the application, or such longer period as permitted under this subsection (e).
5. Notwithstanding the provisions above, pursuant to applicable FCC Orders, rulings and Federal law, the city shall act on a small wireless facility application for placement on an existing structure within sixty (60) days of the application submittal and on a small wireless facility application for placement on a new structure within ninety (90) days subject to application incompleteness and tolling. For the foregoing application types, the city must notify an applicant of application incompleteness within ten (10) days. If such a notification occurs, the corresponding shot clock will be reset one time and thereafter tolling provisions may apply.
6. If Federal law changes regarding the placement of small wireless facilities on an existing structure or a new structure in the right-of-way, then the above time frames in (e)(5) will be automatically amended to reflect the new time period(s) without further action by the city.
(f) Permit issuance. Approval of an application and issuance of any required permits, which shall include but not be limited to appropriate building, electrical or excavation permits, 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 years, subject to applicable relocation requirements and the permittee's right to terminate at any time. The city shall renew such permit for an equivalent duration so long as the permittee complies with the criteria of this article as of the time the permit was issued.
(g) Denial of application. The city may deny a proposed collocation of a small wireless facility or installation, modification, or replacement of a utility pole that meets the requirements of this article only if the proposed application:
1. Materially and demonstrably interferes with the safe operation of traffic control equipment or the right-of-way;
2. Materially interferes with sight lines or clear zones for air or land transportation or pedestrians;
3. Materially interferes with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement;
4. Fails to comply with reasonable and nondiscriminatory spacing requirements of general application adopted by ordinance or resolution that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location;
5. Fails to comply with applicable codes of general application that do not apply exclusively to wireless facilities;
6. Fails to comply with the city’s aesthetic requirements that are reasonable and published in advance; or
7. Designates the location of a new utility pole within seven feet in any direction of an electrical conductor unless the wireless provider obtains the written consent of the public power supplier that owns or manages the electrical conductor.
(h) Documentation of reason for denial. The city will document the basis for a denial, including the specific code provisions on which the denial was based, and send the documentation to the applicant on or before the day the city denies an application. The applicant may cure the deficiencies identified by the city and resubmit the application within 30 days of the denial without paying an additional application fee. The city will approve or deny the revised application within 30 days. Any subsequent review will be limited to the deficiencies cited in the denial.
(i) Scope and effect of approval. Installation or collocation for which a permit is granted pursuant to this article shall be completed within one year of the later of the completion of all make-ready work or the permit issuance date unless a delay is caused by the lack of commercial power or communications transport facilities at the site. In such case the applicant shall have an extension of up to nine months. The city and the applicant may also agree to an additional extension. Applications for collocations on utility poles owned, managed, or operated by the city shall be processed in a manner consistent with the Act. Approval of an application authorizes the applicant to:
1. Undertake the installation or collocation; and
2. Operate and maintain the small wireless facilities and any associated utility pole covered by the permit for a period of not less than five years, subject to applicable relocation requirements and the applicant’s right to terminate at any time, which must be renewed for equivalent durations so long as they are in compliance with the criteria set forth in this article as such criteria existed at the time the permit was granted.
(j) Authority granted; no property right or other interest created. An approval by the city authorizes an applicant to undertake only certain activities in accordance with this article and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the right-of-way, utility easement or other privately owned property.
Source: Ord. No. 5678, § 1, 09-08-2020;