13-19 Amending Small Cell Wireless Communication Code

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or other City safety communications components. It shall be the responsibility of the Applicant to evaluate, prior to making the Application for a Small Cell Use Permit, the compatibility between the existing City infrastructure and Applicant's proposed Facilities. (i) A landscape plan that demonstrates screening of proposed small cell equip- ment. 0) Drawings of the proposed Facilities. For all equipment depicted, the Appli- cant must also include, if applicable: (1) The manufacturer's name and model number; (2) Physical dimensions, including, without limitation, height, width, depth and weight with mounts and other necessary hardware; and (3) The noise level generated by the equipment, if any. (k) If the Applicant is not an Operator, then the Applicant must provide proof that the Applicant has been engaged by a wireless service provider who will be the end -user of the Facilities. 906.08 APPLICATION REVIEW. (a) Applications shall be evaluated in the timeframes as follows: (1) Type I Applications: 60 days. (2) Type 2 Applications: 90 days. (3) Type 3 Applications: 120 days. (b) Applications shall be reviewed for completeness. If the Application is in- complete, then the Applicant will be notified of the insufficiency, and the timeframes set forth in subsection (a) shall be tolled until the Application is made complete (c) The timeframes set out in subsection (a) may also be tolled as follows: (1) If the City receives more than 30 applications in a 30 -day period, then the City may toll for an additional 21 days. (2) If the City receives more than 30 applications in a 30 -day period, then the City may toll for an additional 15 days for every 15 applications received. (3) By mutual agreement between the Applicant and the City. (4) When an Applicant submits an underground area waiver pursuant to Section 906.13(d) of the Codified Ordinances, in which case the City may toll for an ad- ditional 14 days. (d) If two Applicants request to Collocate on the same Wireless Support Struc- ture or two Wireless Support Structures are proposed within a distance that would violate the spacing requirements set forth in Section 906.16, then the Director may resolve the conflict in any reasonable and nondiscriminatory manner. (e) If a request for consent is denied, the City shall provide, in writing, its rea- sons for denying the request, supported by substantial, competent evidence. The denial of consent shall not unreasonably discriminate against the Applicant. Grounds for denying an Application may include, but are not limited to: (1) Failure to provide information required under Section 906.07; (2) Failure to comply with Design Guidelines established and promulgated by the Director; (3) Failure to provide financial surety pursuant to Section 906.15; (4) Failure to remove abandoned Facilities as required under Section 906.12; (5) Conflict with the historic nature or character of the surrounding area; (6) Conflict with planned future improvements in the Right -of -Way; and (7) Failure to comply with generally applicable health, safety, and welfare re- quirements. 906.09 PERMITTING PROCESS, DURATION, AND TERMINATION. (a) Upon approval of its Application, an Applicant shall receive a Small Cell Use Permit indicating that the City has granted the Applicant consent to occupy the Right -of -Way.