§ 30-65.4. Application requirements for city permit.

(a)

Application. Applicants for permits to install wireless facilities shall submit to the director, with copy to the council utilities regulatory office, written or electronic applications including, an ordinance approved by the city council pursuant to section 3-128 of the Home Rule Charter granting the applicant a franchise with the city, a copy of applicants acceptance of the franchise ordinance as filed with the clerk of council, a description of the proposed installations, services to be provided, a construction schedule of its wireless service areas, GIS maps, and an operations schedule.

(b)

No fiber or cable installation. No applicant seeking to install a wireless facility shall seek a permit to install fiber or coaxial cable between utility poles or wireless facilities pursuant to a franchise granted under the Wireline Telecommunications Act or its successor Code sections under this Act. Applicants shall separately request fiber installation or other cable installations when seeking to install a wireless facility or facilities in the public right-of-way pursuant to a franchise granted under the Wireline Telecommunications Act or its successor Code section; or, alternatively, the applicant may obtain such services from a third party providing such services so long as the third party has a franchise granted under the Wireline Telecommunications Act or its successor Code section or is otherwise authorized by law or agreement with the city.

(c)

Application contents. The department of safety and permits shall develop a wireless facility application form and make it available to applicants. The wireless facility in the public right-of-way shall require the following information:

(1)

The name, address, and telephone number of the applicant, the owner and operator of the proposed facility;

(2)

If the applicant is an agent, the applicant shall provide a duly executed letter of authorization from the owner of the proposed facility. If the owner will not directly provide wireless services, the applicant shall provide a duly executed letter of authorization from the person(s) or entity(ies) that will provide those services;

(3)

If the facility will be located on or in the property of someone other than the owner of the facility (such as a utility pole, utility cabinet, wireless support structure, vault, or cable conduit) that is not a city-owned asset and is not the property of the applicant, the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner's property;

(4)

A written description of the proposed facility and its purpose;

(5)

Detailed engineering plans of the proposed facility and related report prepared by a professional engineer documenting the following:

a.

Height, diameter, and design of the facility, including technical engineering specifications, together with a statement that the proposed facility has been designed to be the least visible equipment that is technically feasible within the particular technology the carrier chooses to deploy. A layout plan, section, and elevation of the facility shall be included.

b.

A photograph and model name and number of each piece of equipment included.

c.

Power output and operating frequency for the proposed antenna.

d.

Total anticipated capacity of the structure, indicating the number and types of antennas/nodes and power and frequency ranges, which can be accommodated.

e.

Sufficient evidence of the structural integrity of the pole or other supporting structure.

(6)

Site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, landscaped areas, existing utilities, and showing compliance with section 30-65.5, requirements for facilities within the public right-of-way.

(7)

Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and screening.

(8)

A statement that the facility will be constructed in accordance with all applicable federal and state regulatory requirements.

(9)

If the applicant requests an exception to the requirements of this chapter (in accordance with section 30-65.13, exceptions), the applicant shall provide all information and studies necessary for the city to evaluate that request.

(10)

Digital maps of the proposed siting/locations of all proposed facilities included in the permit application.

(11)

Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the facility.

(12)

The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. crane) for installation of the proposed facility.

(13)

A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

(d)

Application contents—Modification of existing facility. The content of the application form for a modification to an existing facility shall be determined by the director, and shall include the requirements listed in section 30-65.4, Application requirements for city permit, unless prohibited by state or federal law.

(e)

Effect of state or federal law change. In the event a subsequent state or federal law prohibits the collection of any information required by section 30-65.4, application requirements for city permit, the director is authorized to omit, modify or add to that request from the city's application form with the written approval of the city attorney.

(f)

Independent consultant. The director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless facility. The review is intended to be a review of technical aspects of the proposed wireless facility and shall address any or all of the following:

(1)

Compliance with applicable radio frequency emission guidelines established by the FCC;

(2)

Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

(3)

The accuracy and completeness of submissions;

(4)

The validity of conclusions reached or claims made by applicant;

(5)

The viability of alternative sites and alternative designs; and

(6)

Any other specific technical issues identified by the consultant or designated by the city.

Before retaining any independent consultant to review any application, the city will timely provide its questions and/or concerns about the specific application to the applicant and the shot clock for review of the application will be tolled until the applicant provides the requested information to the city. If the applicant does not provide satisfactory responses to the city, the city will notify the applicant, in writing, of its decision to retain an independent consultant and will identify the selected independent consultant and the proposed scope of work in the notice. The cost of this review shall be paid by the applicant through a deposit pursuant to a fee schedule resolution adopted after notice and an opportunity for the applicant to provide comment on the reasonableness of the estimated cost. No permit shall be issued to any applicant which has not fully reimbursed the city for the consultant's reasonable and actual cost.

(M.C.S., Ord. No. 27999, § 1, 3-14-19)