18.70A.050 Review process.
(1) Review. The following provisions relate to review of applications for a small wireless facility permit:
(a) The City will review the permit application to determine compliance with this chapter.
(b) Vertical clearance shall be reviewed by the Director to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.
(c) Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, traffic warrants, City ordinances, and State and Federal statutes and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement pole or new pole must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.
(d) No equipment shall be operated so as to produce noise in violation of Chapter 8.20 CMC.
(e) Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.
(2) Independent Third-Party Review. The City may, at its discretion, contract with an independent engineering and technical review consultant to review the land use or other permit application. The applicant shall be responsible for actual costs charged by the consultant, in addition to any actual costs incurred by the City’s review. Based on the results of the independent technical review, the City may require changes or request additional information to complete the application review. The technical review shall address the following:
(a) The accuracy and completeness of the application;
(b) The applicability of analysis techniques and methodologies;
(c) The validity of conclusions reached;
(d) The viability of other sites in the City for the use intended by the applicant; and
(e) Any specific engineering or technical issues designated by the City.
(3) Final Review. Small wireless facility permits on existing or replacement structures will be reviewed and approved or denied as a Type 1 decision. Small wireless facility permits for new structures in the rights-of-way or for structures in design zones are subject to review and approval as a Type 2 decision and consistent with the requirements in CMC 18.70A.110.
(4) Eligible Facilities Requests. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in CMC 18.70.095 when the modification does not defeat the concealment elements of the small wireless facility.
(5) Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. 253 and 332 and other applicable statutes, regulations and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure which is functionally equivalent, that is, service providers whose facilities are similarly situated in terms of structure, placement, or cumulative impacts. Small wireless facility permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
(6) Withdrawal. Any applicant may withdraw an application submitted pursuant to CMC 18.70A.040 at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director’s decision, there shall be no refund of all or any portion of such fee.
(7) Supplemental Information. Failure of an applicant to provide supplemental application information as requested by the Director within 60 days of notice by the Director shall be deemed a denial of that application, unless an extension period has been approved by the Director. (Ord. 03-19 § 2 (Exh. A))