§ 9. Application requirements and process.

a.

Except as otherwise provided, a permit to construct or install Facilities shall not be granted under this Article except upon approval by the Director of Building & Inspections or Mayor's designee, Planning & Zoning Commission, or as otherwise designated by resolution or ordinance to consider application under this Article, in which Applicant must sufficiently describe the manner, form, design, placement, its effect and impact, and other pertinent information with regard to placement and maintenance of Facilities in the city right-of-way and/or on private property.

b.

An application must be submitted for every small cell facility, Equipment or support structure. For Consolidated Applications, up to thirty (30) Facilities or node may be included in one permit application, provided that Section 9(c)(2)—(20) is complied with along with all other provisions of this Article.

c.

At a minimum every permit application (the Small Cell Site Application") should include, as follows:

1)

(a)

The applicant's name, address, telephone number, and e-mail address; (b) 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; (c) a general description of the proposed work and the purposes and intent of the small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed;

2)

Site plan and engineering design and specifications for installation of Facilities, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, and electrical conduit and cabling.

3)

Design documents should include photo(s) of the existing pole, and photo simulation of pole with attached equipment. Where applicable, the design documents should include specifications on stealth design, pole modification, and ADA compliance.

4)

Map(s) designating with specificity the location(s) of the requested Facilities.

5)

The geographic coordinates (GIS) of all antenna and other proposed Facilities;

6)

For city traffic light poles, verification that the pole is eligible for attachment. Also include a load bearing study that determines whether the pole requires re-enforcement or replacement in order to accommodate attachment of Facilities and/or Equipment. If pole re-enforcement or replacement is warranted, the design documents should include the proposed pole modification.

7)

Copy of the manufacturer's detailed specifications for Small Cell Equipment and antennas, including photographs or illustrations and a complete description of all pertinent physical and electrical characteristics.

8)

Supporting information if stealth modifications are required in order to comply with the design standards (i.e. to blend with the character and style of the surrounding area) or criteria for installations.

9)

Supporting information if the proposed installation requires a new pole, provide design and specification drawings for the new pole, including smart poles (poles that have all facilities integrated within the pole itself and is not visible except the visibility of an antenna at the very top) and a statement regarding the reasons for and what other alternatives were identified but not utilized and why.

10)

Applicable design and specification drawings if the proposed installation will require re-enforcement or replacement of an existing pole.

11)

The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed.

12)

Description of the utility services required to support the facilities to be installed.

13)

Description of interference restrictions associated with other wireless providers.

14)

If the Facilities will be located on a Support Structure on the right-of-way that is owned by any entity other than the city or the Applicant, a copy of any permit, license, lease, agreement or other documentation evidencing that the owner of that Support Structure authorizes the Facilities to be attached thereto or agrees in principle to authorize that attachment (which documentation may be redacted as to business terms including rent or other fee or payment information); provided that, if a representation is made to the city that the attachment has been authorized by law or regulation or in principle by the owner of the Support Structure but the Applicant subsequently fails to furnish the city documentation that finalizes any such agreement, the city may refuse to issue the requested permit until that documentation is provided, or, if the city issues the requested permit before receiving such final documentation, the subject permit may be revoked and any license to use that part of the right-of-way be rescinded.

15)

If the Applicant requests permission to place Facilities on a new Support Structure, Applicant's network coverage objective and whether the Applicant should use available or previously unconsidered alternative locations to place the Support Structures or Facilities;

16)

An application shall not be deemed complete until the Applicant has submitted all documents, information, forms and fees specifically enumerated in this article that pertain to the location, construction, or configuration of the Facilities or Support Structures at the requested location(s). Within thirty (30) calendar days after an application for permit is submitted, the city shall notify the applicant in writing if any additional information is needed to complete that application or supplemental information is required to process the request. If the city does not notify the applicant in writing that the application is incomplete within thirty (30) days following its receipt, the application is deemed complete.

17)

All permits and letters of authorization.

18)

Valid FCC license, where applicable or other appropriate certificates or permits as required.

19)

List of the contractors and subcontractors, and their contact information, authorized to work on the project.

20)

A statement that all facilities and equipment comply with the applicable codes.

d.

Objective design standards; other requirements.

1)

Similar Character and Style of Area Required. Applicant shall make every effort to provide a reasonable location, context, color, stealth and concealment necessary to maintain the character and style of the surrounding areas so as to minimize the visibility and environmental impact. Photographs and illustrations of examples of the types of acceptable colocation, stealth technology, and other design aesthetics that may be used when placing small cell facilities in the city and/or for buildings utilized as Support Structures and other applications of stealth technology that are currently contemplated shall be maintained by the city Clerk and in such a form that is reasonably satisfactory to the Director of Buildings and Inspections or as designated by the Mayor.

2)

New structures; Availability of Alternatives. No new utility pole, pole-type structure, or other freestanding structure shall be allowed in the right-of-way unless the Applicant demonstrates and the Mayor or his designee and/or Planning and Zoning Commission (when applicable) determines that no existing structure that does not require the placement of a new structure in the right-of-way can accommodate the Applicant's proposed facility or antenna.

3)

Collocation is a priority and preferred. To promote the public interest that is served by co-locating Facilities and associated Accessory Equipment on existing Support Structures and thereby mitigating the installation of additional Support Structures throughout the city, no person or entity (including any Provider, Applicant, utility, or franchisee) that utilizes an existing Support Structure that is located on right-of-way or on private property in the city and has space available thereon may not unreasonably deny an Applicant the right to use or access an existing Support Structure for purposes of attaching Facilities permitted by this Article without sound operational, technological or other good reason.

4)

Limitations; No Property Right. A permit from the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this Article and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way.

5)

Limitations: Use of City-owned poles or structures. City-owned structures or poles may not be available and the city may determine that an additional structure is detrimental or otherwise not desired and such decisions will be final. Availability will be on a first come, first serve basis and if the city determines collocation on such city-owned poles or structures has reached is maximum, is aesthetically undesirable or otherwise not permitted, the city may seek alternative collocation as provided in Section 8(h). At no point will the Mayor or his designee allow cluttered placement of facilities and or equipment within the right-of-way.

6)

Coordination of Work. Upon request of the city, Applicant may be required to coordinate placement or maintenance activities under a permit with any work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way and Applicant may be required to reasonably alter its placement or maintenance schedule as necessary to minimize disruptions.

7)

Zoning. Any wireless provider that seeks to construct or modify a utility pole, wireless support structure or wireless facility that exceeds the height or size limits contained in this Article, shall be subject to applicable zoning requirements.

8)

Undergrounding Provisions. From time to time, as both residential and commercial developments continue within the city, new regulations relating to undergrounding utilities and their placement may require relocation of Facilities or replacement thereof to deploy stealth design of Facilities to camouflage with the undergrounding of utilities including relocation of equipment to enhance compatibility and blend into the character and style of a the surrounding area in a manner that reduces visibility and is aurally unobtrusive. Applicant shall comply with nondiscriminatory undergrounding requirements that prohibit electric utilities, telecommunications or cable providers from installing structures in the rights-of-way without prior zoning approval in areas zoned for single family residential use, provided such requirements shall not prohibit the replacement of existing structures.

e.

Submission of Application. Upon meeting the requirements as listed herein and submitting the Small Cell Site Application, the city shall review and issue permits within the timeframes and processes provided herein.

(Ord. No. 18-2378 , 6-4-18; Ord. No. 18-2385 , § 5, 6-18-18)