12.22.020 Application process.
A. Overview. In order to manage its rights-of-way in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the city, the city of Gig Harbor has adopted this administrative process for the deployment of small wireless facilities. The city and applicant for a franchise and other permits associated with the deployment of small wireless facilities face challenges in coordinating applicable legislative and administrative processes under the Federal Communications Commission (FCC) regulations. A franchise for the use of the city’s rights-of-way is a contract which requires approval by the city council. The small wireless permits are issued by the director. Applicants are encouraged and expected to provide all related applications in one submittal, unless they have already obtained a franchise or other master permit authorizing use of the public rights-of-way for small wireless deployment.
B. Application Process. The director is authorized to establish franchise and other application forms to gather the information required by this chapter from applicants and to determine the completeness of the application process as provided herein. The application shall include Parts A, B, and C as described in this section.
1. Franchise/Master Use Permit. The process typically begins with and depends upon approval of a franchise or master use permit pursuant to Chapter 12.18 GHMC for the use of the public right-of-way to deploy small wireless facilities if any portion of the applicant’s facilities are to be located in the right-of-way. The term “master use permit” as used herein includes a franchise. A complete application for a master use permit is designated as Part A. An applicant with a master use permit for the deployment of small wireless facilities in the city may proceed to directly apply for a small wireless facility permit and related approvals (Parts B and C). An applicant at its option may utilize phased development. Because master use permits are required by federal law to be competitively neutral, the city has established a master use permit format for use by all right-of-way users.
2. Small Wireless Facility Permits. Part B of the application requires specification of the small wireless facility components and locations as further required in the small wireless permit application described in GHMC 12.22.030.
3. Associated Permit(s). Part C of the application shall attach all associated permit requirements such as applications or checklists required under the critical areas, shoreline or SEPA ordinances. Applicants for deployment of small wireless facilities in city design zones or for new poles shall comply with the requirements in Chapter 17.61 GHMC.
4. Leases. An applicant who desires to attach a small wireless facility to any utility pole or light owned by the city shall include an application for a lease as a component of its application. The director is authorized to approve leases in the form approved for general use by the city council for any utility pole or light pole in the right-of-way. Leases for the use of other public property, structures or facilities shall be submitted to the city council for approval. (Ord. 1407 § 1, 2019).