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A. Review. The following provisions relate to review of applications for a small wireless facility permit:

1. In any zone, upon application for a small wireless permit, the city will permit small wireless deployment on existing or replacement utility poles conforming to the city’s generally applicable development and design standards adopted pursuant to Chapter 17.61 GHMC, except as provided in subsection B of this section.

2. Vertical clearance shall be reviewed by the director to ensure that the small wireless facilities will not pose a hazard to other users of the rights-of-way.

3. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement pole or new pole must be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.

4. No equipment shall be operated so as to produce noise in violation of state law or city ordinance.

5. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.

B. Development Services Department. Small wireless deployment in areas designated as design zones pursuant to GHMC 17.61.025, as well as new non-city-owned poles, or replacement poles deviating from the pole design standards adopted pursuant to GHMC 17.61.035, are subject to review as provided in that chapter.

C. 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 GHMC 17.61.060 when the modification does not defeat the concealment elements of the small wireless facility.

D. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 U.S.C. Section 253 and 47 U.S.C. Section 332 and other applicable statutes, regulations and case law. Applicants for franchises and the small wireless facility permits shall be treated in a competitively neutral and non-discriminatory manner with other service providers, utilizing supporting infrastructure which 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.

E. Final Decision. Any decision by the director shall be final and not be subject to administrative appeals.

F. Public Comment. The city shall provide notice of a complete application for a small wireless facility permit on the city’s website with a link to the application. The notice shall include an email contact and telephone number for the applicant to answer citizen inquiries. The applicant is encouraged to host informational meetings for the public regarding the deployment. The city 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.

G. Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of city costs incurred in processing the application prior to time of withdrawal. 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.

H. Supplemental Information. Failure of an applicant to provide additional information as requested by the director within 60 days of notice by the director shall be deemed a denial of that application, unless an extension period has been approved by the director. (Ord. 1407 § 1, 2019).