CHAPTER 13
WIRELESS FACILITIES IN THE RIGHT-OF-WAY
Sections:
13-13-103 License and Other Requirements for Use of the ROW.
13-13-105 Additional Requirements; Master License Agreement.
13-13-106 Site License Application.
13-13-107 Standards Applicable to Wireless Facilities in Rights-of-Way.
13-13-108 License Approval of Permitted Uses.
13-13-109 Modifications of Wireless Facilities.
13-13-110 Application Processing.
13-13-111 Appeal of Administrative Decisions.
13-13-112 Interpretation and Application of Chapter.
13-13-101 Purpose and Intent.
(1) Purpose. The purpose of this Chapter is to establish requirements for the siting and use of wireless facilities in City-owned rights-of-way in a manner that facilitates the delivery of wireless services within the City, while minimizing associated adverse impacts. The goals of this Chapter are to:
(a) Provide for the managed development and installation, maintenance, modification, and removal of wireless services infrastructure in the City to provide adequate wireless communications coverage, without unreasonably discriminating against providers of functionally equivalent services including all of those who install, maintain, and operate wireless facilities.
(b) Promote and protect the public health, safety, and welfare, and specifically, protecting aesthetic values, by reducing the visibility of wireless facilities and structures to the fullest extent possible through techniques including but not limited to camouflage/concealment, design techniques, and undergrounding of wireless facilities and the equipment associated therewith, where possible.
(c) Encourage the deployment of smaller, less intrusive wireless facilities to supplement existing telecommunications facilities.
(d) Encourage the location of structures in a manner that is least intrusive to the community.
(e) Encourage owners and users of antennas and structures to locate them, to the extent possible, where the adverse impact on the community is minimized.
(f) Enhance the ability of providers to provide such wireless services to the community quickly, effectively, and efficiently.
(g) Effectively manage wireless facilities in the public right-of-way.
(2) Scope.
(a) This Chapter shall provide the basic local scheme for providers of wireless services and systems that require the use of City-owned rights-of-way, including providers of both the system and service, and those providers of the system only.
(b) The requirements set forth in this Chapter shall apply to the collocation of small wireless facilities located within right-of-way; the collocation of a small wireless facility on a wireless support structure in the right-of-way; and the installation, modification, or replacement of a utility pole associated with a small wireless facility in the right-of-way.
(c) This Chapter shall apply to all future providers and to all providers in the City prior to the effective date hereof, whether operating with or without a license.
(d) Title 11, Chapter 6, Article 4 of the Springville City Code addresses wireless telecommunications facilities, including macro wireless facilities, in areas outside of the rights-of-way. Macro wireless facilities are not allowed in the right-of-way.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-102 Definitions.
The following definitions apply to this Chapter:
“Antenna” means communications equipment that transmits or receives an electromagnetic frequency signal used in the provision of a wireless service.
“Applicable codes” means the International Building Code, the International Fire Code, the National Electrical Code, the International Plumbing Code, and the International Mechanical Code, as adopted and amended under Title 15A, State Construction and Fire Codes Act, Utah Code Annotated 1953.
“City” means Springville City, Utah.
“Collocate” means to install, mount, maintain, modify, operate, or replace a small wireless facility on a wireless support structure or utility pole, or, for ground-mounted equipment, adjacent to a wireless support structure or utility pole.
“Decorative pole” means a City-owned utility pole: (a) that is specially designed for an aesthetic purpose, and (b) on which attachments have not been placed (other than small wireless facilities, informational or directional signs, or temporary holiday or special event attachments), or on which attachments (other than small wireless facilities, informational or directional signs, or temporary holiday or special event attachments) are prohibited by rule or ordinance.
“Macro wireless facility” means an antenna mounted on a tower or similar structure at a height that provides clear view over the surrounding buildings and terrain. A macro wireless facility is not a small wireless facility or a micro wireless facility. A macro wireless facility is not permitted in the right-of-way.
“Master license agreement” means an agreement between a provider and the City that sets forth the general terms and conditions pursuant to which the provider may install and operate small wireless facilities in the ROW.
“Micro wireless facility” means a type of small wireless facility that only provides Wi-Fi service, that does not have exterior antenna longer than eleven inches (11"), and that is no larger in dimension than twenty-four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height, not including any antenna.
“National Electrical Safety Code or NESC” is a United States standard of the safe installation, operation, and maintenance of electric power and communication utility systems including power substations, power and communication overhead lines, and power and communication underground lines. It is published by the Institution of Electrical and Electronics Engineers. The NESC is different than the National Electrical Code (“NEC”), which is used for residential, commercial and industrial building wiring.
“Permit” means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project.
“Permitted use” means (a) the collocation of a small wireless facility in any ROW, and (b) the installation, operation, modification, maintenance, or replacement of (i) a utility pole in the ROW, or (ii) equipment required for a provider’s collocation of a small wireless facility.
“Provider” means a wireless infrastructure provider or a wireless provider.
“Right-of-way or ROW” means on, below or above any public street, road, highway, alley, sidewalk, or other public property similar to these areas. The ROW is the area between back of sidewalk to back of sidewalk on each side of a public road. Right-of-way does not include Federal interstate highways and fixed guide ways for public transit.
“Site license” means a license approved pursuant to this Chapter that authorizes a provider to install and operate small wireless facilities in the ROW, subject to the terms of this Chapter and a master license agreement.
“Small wireless facility” means a type of wireless facility: (a) on which each provider’s antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and (b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, not including any electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, vertical cable run for the connection of power or other service, wireless provider antenna, or coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility (in which case the cable should be included in calculating the total volume of the associated equipment).
“Structure” means a utility pole or a wireless support structure. Structures may include traffic signals, utility poles and light poles.
“Substantial modification” means: (a) a proposed modification or replacement to an existing wireless support structure that will substantially change the physical dimensions of the wireless support structure under the substantial change standard established in 47 CFR Sec. 1.40001(7); or a proposed modification excess of the site dimensions specified in 47 CFR Part 1, Appendix C, Sec. III.B.
“Utility pole” means a pole or similar structure that: (a) is in a right-of-way; and (b) is or may be used for: wireline communications, electric distribution, lighting, traffic control, signage, a similar function to a function described hereunder; or the collocation of a small wireless facility. “Utility pole” does not include: a wireless support structure; a structure that supports electric transmission lines; or City-owned power poles that support primary power infrastructure as defined by the City’s Power Department.
“Wireless facility” means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including: (a) equipment associated with wireless communications; and (b) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. “Wireless facility” does not include the structure or an improvement on, under, or within which the equipment is collocated, or a coaxial or fiber-optic cable that is: (a) between wireless support structures or utility poles, (b) not immediately adjacent to or directly associated with a particular antenna, or (c) a wireline backhaul facility.
“Wireless infrastructure provider” means a person or entity that builds or installs wireless communication transmission equipment, a wireless facility, or a wireless support structure. A “wireless infrastructure provider” includes a person authorized to provide a telecommunications service in the State. A “wireless infrastructure provider” does not include a wireless service provider.
“Wireless service” means any service using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public using a wireless facility. “Wireless service” includes the use of Wi-Fi.
“Wireless service provider” means a person who provides a wireless service.
“Wireless support structure” means an existing or proposed structure that is: (a) in a right-of-way; and (b) designed to support or capable of supporting a wireless facility, including a: monopole; tower; billboard; or building. Wireless support structure does not include a: structure designed solely for the collocation of a small wireless facility, utility poles, or electric power poles owned by the City or by an interlocal entity.
“Wireline backhaul facility” means a facility used to transport communications by wire from a wireless facility to a communication network. A wireline backhaul facility may be installed pursuant to a master license agreement.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-103 License and Other Requirements for Use of the ROW.
(1) Any provider desiring to install, repair, maintain, remove and replace wireless facilities in the ROW shall first enter into a master license agreement with the City, except to the extent exempted by Federal or State law.
(2) Except to the extent exempted by Federal or State law, every provider must obtain a site license for each wireless facility and structure to be constructed or installed in the ROW. When a provider applies for a site license, if the provider and the City have not already executed a master license agreement, the City will provide the provider with a copy of the City’s standard master license agreement. The City will not issue any site licenses to a provider until the provider and the City have executed a master license agreement.
(3) Before offering or providing any services pursuant to the master license agreement, a provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate Federal, State and local authorities, if required, and shall submit to the City upon the written request of the City evidence of all such approvals, permits, authorizations or licenses.
(4) The grant of a license to a provider will not excuse the provider from obtaining: (a) any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; (b) any other permit, agreement or authorization required in connection with the use of property or facilities owned by third parties; or (c) any other permit or authorization required in connection with excavating or performing other work in or along the ROW.
(5) This section shall only apply to wireless facilities. If a wireless provider has telecommunications systems that may be used for multiple purposes, such as a wireline backhaul facility or video services system, then such provider shall obtain a franchise or other relevant agreement from the City for each permitted purpose.
(6) Wireless provider shall comply with all applicable codes and all applicable Federal, State and City laws, rules and regulations, including those of the FCC.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-104 Nature of License.
(1) A license granted hereunder will not convey title, equitable or legal, in the ROW. A license is only the right to occupy ROW on a nonexclusive basis for the limited purposes and for the limited period stated in the license; the right may not be subdivided, assigned, or subleased except as may be expressly provided in a master license agreement.
(2) A provider’s use of the ROW pursuant to a license granted hereunder shall be subject to the prior and continuing right of the City to use any and all parts of the ROW exclusively or concurrently with any other person or entity, and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the ROW.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-105 Additional Requirements; Master License Agreement.
(1) Authority. The City is empowered and authorized to issue nonexclusive licenses governing the installation, construction, operation, use and maintenance of wireless facilities and structures in ROW, in accordance with the provisions of this Chapter. Any such licenses will be granted through a master license agreement entered into between the City and provider, and subsequent site licenses that apply and extend the terms of the master license agreement to specific locations in the ROW.
(2) Nondiscrimination. The City is empowered and authorized to grant nonexclusive master license agreements on a nondiscriminatory basis, governing the installation, operation, use and maintenance of wireless facilities in the ROW in accordance with the provisions of this Section. Notwithstanding the foregoing, the City may negotiate additional or different terms with the different wireless providers, in the exercise of the City’s reasonable discretion and pursuant to the City’s reserved police powers and the City’s proprietary rights in the ROW.
(3) Term. Master license agreements will be for an initial term of five (5) years. In the event a provider continues to operate all or any of its wireless facilities after the term of the master license agreement has expired, such provider shall continue to comply with all applicable provisions of this Chapter and the master license agreement, including, without limitation, all compensation provisions; providing, any such continued operations shall in no way be construed as a renewal or other extension of the master license agreement, nor as a limitation on the remedies available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution. The term of a master license agreement may be renewed if the provider is in compliance with the master license agreement and all applicable laws, rules, and regulations, including this Chapter. At the expiration of the term of the master license agreement, the provider shall remove its wireless facilities from the ROW unless otherwise agreed to by the City. The City will not renew site licenses or grant new site licenses after the term, until the City and the provider have executed a new master license agreement with terms and conditions acceptable to the City. Site licenses will be for a term of five (5) years and will be subject to all the terms and conditions of the master license agreement in effect when the site license is granted.
(4) Compensation. The master license agreement will require the provider to pay fair and reasonable compensation to the City, as determined by the City Council, for (a) the administrative expenses associated with entry into the master license agreement and individual site licenses, (b) the provider’s use of ROW, including the City’s expenses associated with maintenance and management of the provider’s use of ROW, and (c) other applicable fees. Specifically, providers must pay the following fees:
(a) Application Fee. In order to offset the cost to the City to review applications, providers shall pay a nonrefundable application fee for each application for a site license or modification to a site license, as set forth on the City’s consolidated fee schedule, as amended from time to time. The application fee must be paid at the time the application is submitted to the City.
(b) Site License Fee. In order to offset the cost to the City and to compensate the City for the use of the ROW, the master license agreement will require providers to pay an annual fee for each site license. The site license fee shall be the greater of: (a) three and one-half percent (3.5%) of all gross revenue related to the provider’s use of ROW for small wireless facilities, or (b) $250.00 annually for each small wireless facility. For small wireless facilities collocated on City-owned utility poles, the provider shall pay an annual fee of $50.00 in addition to the site license fee described above. Notwithstanding the foregoing, no site license fee will be charged to a provider that is subject to the municipal telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax, Utah Code Annotated 1953.
(c) Other Fees. Providers must also pay all other applicable fees established under the City’s ordinances, resolutions, regulations, rules or policies, specifically including but not limited to fees for excavation permits and business licensing.
(5) Insurance, Indemnity, and Security. Prior to the execution of master license agreement, a provider must deposit with the City an irrevocable, unconditional letter of credit or surety bond as required by the terms of the master license agreement and shall obtain and provide proof of the insurance coverage required by the master license agreement. A provider shall indemnify, save harmless, and defend the City, its officers and employees, from and against all losses, claims, lawsuits, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys’ fees, arising out of or in connection with such provider’s wireless facilities or use of the ROW, unless and to the extent caused by the City’s negligence.
(6) Ordinance Amendments. The City reserves the right to amend its ordinances affecting this Chapter at any time. If there is any inconsistency between provider’s rights and obligations under applicable ordinances as amended and the master license agreement, the provisions of the master license agreement shall govern during its term. Otherwise, provider agrees to comply with any such amendments.
(7) Inspections. All wireless facilities and provider-owned structures shall be maintained by the provider in a clean and good condition, free of graffiti, rusting, excessive dirt, peeling paint and any and all other aesthetic and safety related problems and blemishes. The City shall have the authority to conduct inspections of the wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this Chapter.
(8) Removal of Facilities.
(a) If any wireless facility is deemed abandoned, the provider shall remove its wireless facilities and/or structures within sixty (60) days of the City’s notice of such abandonment and shall repair and restore the ROW to a similar or better condition than at the time of the installation. Failure to do so may result in the City’s removal of the facilities and structures at the provider’s cost. The liability, indemnity and insurance provisions of this Chapter required of a provider shall continue in full force and effect during the period of removal and restoration of the ROW.
(b) A wireless facility shall be deemed abandoned if the use of the facility is discontinued for a continuous period of twelve (12) months, the term of an applicable master license agreement has expired, or the facility has been installed and/or maintained in the ROW without complying to the requirements of this Chapter, and the provider has not removed the wireless facilities within thirty (30) days of any such event.
(c) Notwithstanding anything to the contrary set forth in this Chapter, a provider may abandon any underground facilities in place so long as (i) it does not materially interfere with the use of the ROW by any public utility, cable operator or other person or entity, and (ii) the City agrees to allow it to stay in place.
(9) Additional Requirements. Wireless facilities shall be subject to any additional requirements set forth in the applicable master license agreement and permit.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-106 Site License Application.
(1) Application Requirements. To be considered for a site license, a provider must submit an application to the Public Works Department on a form provided by the City. In addition to any information required on that form, the application must include the following information:
(a) The type of site license sought, e.g., collocation of small wireless facility, installation of new utility pole, or installation of new wireless support structure. If the site license is for a collocation, the application must designate the type of structure on which the wireless facility will be mounted, e.g., existing utility pole or wireless support structure, an existing City-owned utility pole, etc.
(b) The location of the proposed wireless facility or structure.
(c) A scaled site plan, rendering or photo simulation, scaled elevation view and other supporting drawings and calculations, showing the location and dimension of all improvements. The submittal must include sufficient information to determine compliance with the standards and requirements of this Chapter, specifically including information concerning structure height and location within the ROW, compliance with the City’s intersection and driveway sight distance standards, and compliance with the Americans with Disabilities Act.
(d) An industry-standard pole load analysis indicating that the structure on which the wireless facilities will be mounted will safely support the load.
(2) Avoiding Redundant Submittals. The Public Works Department may allow a provider to maintain on file with the Public Works Department any documentation that would otherwise be required for each individual application, such as basic wireless facility design documents and pole load analyses. The provider must update any such information as necessary to keep it current.
(3) If a provider desires to be exempted from the site license fee, the provider must submit evidence that the provider is subject to the municipal telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax, Utah Code Annotated 1953.
(4) The City may reasonably require the applicant to submit additional information for any application for a site license.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-107 Standards Applicable to Wireless Facilities in Rights-of-Way.
The following standards, requirements, and prohibitions apply to all wireless facilities licensed pursuant to this Chapter:
(1) Height. The height of a structure with an attached wireless facility, including the wireless facility, shall be the minimum height needed for the operation of the wireless facility. A new or modified utility pole that has a collocated small wireless facility, and that is installed in a ROW, may not exceed fifty feet (50') above ground level. The antenna of a small wireless facility may not extend more than ten feet (10') above the top of a utility pole existing on or before September 1, 2018. All equipment permitted to be mounted on the exterior of new or existing structures must be mounted at least eight feet (8') above ground level, unless otherwise permitted by the City.
(2) Placement. Wireless facilities and new structures must be placed in locations that will not: (a) obstruct or hinder the usual travel or public safety on the ROW; (b) create a public health or safety hazard; (c) obstruct, damage, or interfere with another utility facility in the ROW, or the use of such other utility facilities; (d) materially interfere with the safe operation of traffic control equipment; (e) materially interfere with a sight line or a clear zone for transportation or pedestrians; (f) materially interfere with compliance with the Americans with Disabilities Act; and (g) violate applicable laws or legal obligations. Small wireless facilities shall be located on existing utility poles where possible and as allowed by this Chapter and State and Federal law.
(3) Design Requirements. Wireless facilities and new structures must be architecturally integrated with existing buildings, structures and landscaping, including considerations of height, color, style, placement, design and shape, such that they do not stand out when viewed with the naked eye. Exposed cabling is prohibited, except for collocations on existing structures where internal cable routing is not feasible (e.g., on a wooden pole). Horizontal protrusions from the structure must not exceed two feet (2'). New structures must be of monopole design; lattice structures will not be permitted. New structures must not be made of wood. To the extent feasible, equipment shall be installed on the interior of new structures. In addition to the standards in this Section, the design and location of the wireless facility and utility pole or support structure shall comply with all small wireless facilities design standards adopted by the City.
(4) Additional Design Requirements in Town Center Zone. In order to maintain the historic character of the Town Center Zone, all wireless facilities and new structures in the Town Center Zone must employ screening, concealment, camouflage, or other stealth techniques to minimize visual impacts.
(5) Electrical Service. Providers will be solely responsible for establishing electrical power services for their wireless facilities and for the payment of all electrical utility charges to the applicable electric service provider based upon applicable rates.
(6) Undergrounding of Lines. All wireline backhaul facilities and electrical distribution lines serving wireless facilities shall be located underground, unless the wireless facility is collocated on an existing structure that already features aboveground lines, and the owner of the existing structure agrees to provide communication or power service to the wireless facility through those existing lines. Any request by a provider for location of any overhead or aerial facilities (other than the antennas or other facilities required to remain above ground in order to be functional) shall be considered by the City in accordance with applicable ordinances, rules and regulations. The provider shall pay the costs of relocating and undergrounding lines serving wireless facilities in areas where the City elects to relocate overhead lines to underground lines.
(7) Compliance with Law. All wireless facilities must at all times comply with all applicable Federal, State, and local building codes and safety codes and regulations.
(8) Additional Requirements. Wireless facilities will be subject to any additional requirements set forth in the applicable master license agreement and site license.
(9) Decorative Poles. If necessary to collocate a wireless facility on a decorative pole, a provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetics of the displaced decorative pole and meets the requirements of this Section, including the design standards. New or replacement utility poles must be designed to reasonably conform to the design aesthetic of decorative poles in the vicinity, if any.
(10) Residential Zones. A provider may not install a new utility pole in a ROW adjacent to a residential lot, if the ROW is sixty feet (60') wide or less as depicted on the official plat records or the City’s measurement of the ROW.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-108 License Approval of Permitted Uses.
After consulting with respective utilities, the Public Works Director has authority to approve applications for permitted uses. The Public Works Director may deny an application for a permitted use that does not comply with the requirements of this Chapter.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-109 Modifications of Wireless Facilities.
(1) A provider may not alter, modify, or enlarge a licensed small wireless facility or utility pole without prior written consent from the City. To obtain such consent, the provider must submit an application in accordance with this Chapter.
(2) Applications for modifications to wireless facilities and structures will be subject to the same standards, requirements, and processing deadlines as applications for collocations.
(3) Notwithstanding the foregoing, a provider is not required to submit an application or obtain consent from the City for the following activities: (a) routine maintenance on a small wireless facility or utility pole, (b) replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size, and (c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles in compliance with the National Electrical Safety Code. A provider must provide the City with advance written notice of any such activity.
(4) A provider must apply for an excavation permit in accordance with Springville City ordinances for any work that requires excavation or the closure of sidewalks or vehicular lanes. The requirement to obtain an excavation permit applies even for work that is exempted from the application process pursuant to subsection (3) of this Section.
(5) Any approved modifications will be documented in a new or amended site license.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-110 Application Processing.
(1) Consolidated Applications. A provider may submit a consolidated application for the collocation of up to twenty-five (25) wireless facilities, so long as the wireless facilities are of substantially the same type and proposed for collocation on substantially the same types of structures. A provider may submit a consolidated application for the installation, modification, or replacement of up to twenty-five (25) structures. In any thirty (30) day period, a provider may not file more than (a) one (1) consolidated application, or (b) multiple applications that collectively seek site licenses for a combined total of more than twenty-five (25) wireless facilities and structures.
(2) Completeness. Within thirty (30) days after the date when an application is submitted to the City, the City shall determine whether the application is complete, and shall notify the provider of that determination in writing. If the City determines that an application is incomplete, the City shall specifically identify the missing information in the written notification. The processing deadline will be tolled from the date when the City sends the written notification until the date when the provider submits the missing information. If the provider does not submit the missing information within ninety (90) days after the date of the written notification, the application will expire.
(3) Processing Deadlines. The City shall approve or deny applications in accordance with the following deadlines:
(a) Applications for the collocation of small wireless facilities shall be approved or denied within sixty (60) days after the day when the City receives a complete application. The City may extend the deadline by a single additional period of ten (10) business days by sending the applicant written notice of the extension before the applicable deadline.
(b) Applications for new, modified, or replacement utility poles shall be approved or denied within one hundred five (105) days after the day when the City receives a complete application. The City may extend the deadline by a single additional period of ten (10) business days by sending the applicant written notice of the extension before the applicable deadline.
(c) Applications for the installation of wireless support structures in the ROW shall be approved or denied within one hundred fifty (150) days after the day when the City receives a complete application.
(4) Denial. If the City denies an application, the City shall provide the applicant with a written decision that documents the basis for the denial and shall send that decision to the applicant on or before the day that the City denies the application. If the City denies an application for one (1) or more utility poles, or one (1) or more small wireless facilities in a consolidated application, the City shall not use that denial as a basis to delay the application process for any other utility pole or small wireless facility in the same consolidated application.
(5) Resubmittal. Within thirty (30) days after the day on which the City denies an application, the applicant may cure the deficiencies noted in the denial and resubmit the application without paying an application fee. The City shall approve or deny the resubmitted application within thirty (30) days of receipt and shall limit its review to the deficiencies noted in the original denial unless the applicant has changed another portion of the application.
(6) Installation Deadline. A site license will expire two hundred seventy (270) days after approval if the licensed small wireless facility or utility pole is not installed and operational. The foregoing deadline will be tolled for any period of time during which the lack of commercial power or communications facilities delays completion.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-111 Appeal of Administrative Decisions.
(1) The City Administrator shall hear and decide appeals from administrative decisions applying the provisions of this Chapter, specifically including appeals from the denial of a site license application by the Public Works Director.
(2) An applicant for a site license may appeal the denial of the application to the City Administrator. A complete notice of appeal shall be filed within fourteen (14) days of the decision which is appealed.
(3) An appeal of an administrative decision shall be considered and processed as provided in this subsection:
(a) A complete notice of appeal shall be submitted to the Office of the Zoning Administrator on a form established by the Administrator along with the fee established by the City in its consolidated fee schedule. The notice of appeal shall include at least the following information:
(i) The name, address and telephone number of the applicant and the applicant’s agent, if any;
(ii) The decision appealed;
(iii) Grounds for the appeal; and
(iv) A description of the action claimed by the applicant to be incorrect.
(b) After the notice of appeal is determined to be complete and timely filed, the Community Development Director shall schedule a hearing before the City Administrator within thirty (30) days of the date the notice of appeal is filed, unless otherwise agreed to in writing by the City and the appellant. At least ten (10) days prior to the hearing, the City Administrator shall give public notice of the hearing and shall notify the parties in interest. Prior to the hearing the Community Development Director shall transmit to the appellate body all papers constituting the record of the action which is appealed.
(c) An appeal to the City Administrator shall not stay proceedings taken in furtherance of the action appealed from unless such proceedings are specifically stayed by order of the Community Development Director. An appellant may request a stay by submitting to the Community Development Director, in writing, a request for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the Community Development Director shall assure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five (5) days from the date the request is received by the Community Development Director. The Community Development Director, in granting a stay, may impose additional conditions to mitigate any potential harm that may be caused by the stay, including requiring the appellant to post a bond.
(d) The City Administrator shall conduct a hearing based upon the record only, taking no new testimony or new information but relying solely upon the information and final decision of the officer or body from whom the appeal was taken. The City Administrator shall determine the correctness of the lower decision and thereafter affirm or reverse, wholly or in part, the lower decision, modify that decision, or impose any conditions needed to conform the matter appealed to applicable approval standards. The City Administrator shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a site license.
(e) After the City Administrator makes a decision, the Community Development Director shall give the applicant written notice of the decision. The decision takes effect on the date when the appeal authority issues a written decision.
(f) A record of all appeals shall be maintained in the office of the Community Development Director.
(Ord. No. 13-2018 § 1, 08/21/2018)
13-13-112 Interpretation and Application of Chapter.
The Public Works Director is authorized to interpret the provisions of this Chapter in his or her reasonable discretion. The Public Works Director is authorized to resolve ambiguities arising out of the application of this Chapter.
(Ord. No. 13-2018 § 1, 08/21/2018)