A. Type I Decision. For the purposes of BMC Title 11, SWF permits, including associated proposals to install replacement or new poles, shall be designated as Type I project permit applications. No public notice shall be required for such permits. As a Type I decision, any decision by the community development director or the public works director is final and is not subject to administrative appeal.

B. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC §§ 253 and 332 and other applicable law. Applicants for franchises and small wireless facility permits shall be treated in a competitively neutral and nondiscriminatory manner with other service providers, utilizing supporting infrastructure that 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.

C. Public Comment. The applicant is encouraged to host informational meetings for the public regarding the deployment and shall post meeting notices, if any, for informational meetings on its website. These meetings are for the public’s information and are neither hearings nor part of any land use appeal process.

D. Withdrawal. Any applicant may withdraw a SWF application at any time, provided the withdrawal is made in writing. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, the applicant may request a refund of the unused portion of the application fee for staff time expended as determined in the sole discretion of the director. 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.

E. Supplemental Information. If an applicant is issued a written determination from the city that an application is not complete, the applicant shall have 180 calendar days from the date of personal delivery or date of mailing by the city to submit the required information to the city. If the applicant fails to resubmit, the applicant may request a refund of the unused portion of the application fee for staff time expended as determined in the sole discretion of the director.

F. 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 Article III of this chapter when the modification does not defeat the concealment elements of the small wireless facility.

G. Site-Specific Agreement. Prior to the issuance of a permit to construct a new pole or ground-mounted equipment in the right-of-way, the applicant must obtain a site-specific agreement from the city to locate such new pole or ground-mounted equipment. This requirement also applies to replacement poles when the replacement is necessary for the installation or attachment of small wireless facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the proposed small wireless facility is more than 60 feet. The director may execute such site-specific agreements on behalf of the city to any applicant that has obtained a franchise. (Ord. 2295 § 17, 2019).