01-22-2024 CC Agenda Packet - work session

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Created: 2022-07-19 16:12:33 [EST] (Supp. No. 20, Update 2) Page 21 of 29 In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (h)Tolling of deadline for action.The 90 day deadline for action may be tolled if: (1)The city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities. In such case, the city may extend the 90 day deadline for all such applications by an additional 30 days by informing the affected applicants in writing of such extension. (2)The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 business days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the city's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant's submittal of additional information in response to a notice of incompleteness, the city has ten days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the 90 day deadline for action. (3)The city and applicant may agree in writing to toll the review period. (Ord. No. 207 3rd series, § 1, 5-29-2018) Sec. 18-176. Permit fees. (a)Excavation permit fee.The city shall establish an excavation permit fee in an amount sufficient to recover the following costs: (1)City management costs; (2)Degradation costs, if applicable. (b)Obstruction permit fee.The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover city management costs. (c)Small wireless facility permit fee.The city shall impose a small wireless facility permit fee for the placement of small wireless facilities and wireless support structures in the public right-of-way in an amount sufficient to recover: (1)management costs; and (2)city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (d)Cost of initial work associated with collocation.Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover costs associated with a proposed attachment. (e)Payment of permit fees.No excavation permit, obstruction permit or small wireless facility permit shall be issued without payment of excavation, obstruction, or small wireless facility permit fees. The city may allow applicant to pay such fees within 30 days of billing. 24