6.08.070 Permits and inspections.
A. Permit Approvals.
1. Findings. All SWF permits approved pursuant to this section shall be subject to the following findings by the director:
a. The applicant has an executed RUA with the city;
b. The applicant has an executed master license agreement with the city if any component of the proposed SWF involves use of a city pole;
c. Subject to post-installation inspection pursuant to subsection C of this section to confirm compliance, the proposal meets the minimum requirements for SWFs in the right-of-way pursuant to BCC 6.08.050(C); and
d. Subject to post-installation inspection pursuant to subsection C of this section to confirm compliance, the proposal complies with the concealment requirements contained in this chapter by:
i. Utilizing a pre-approved design appended to the Transportation Design Manual; or
ii. Complying with the design standards for SWFs in the rights-of-way pursuant to BCC 6.08.050(D);
e. The applicant has an executed circuit access agreement with the city if connecting to and accessing city systems for electrical power.
2. Decisions. Decisions on a SWF permit request shall be in writing and shall include any applicable conditions of approval in addition to the requirements of this chapter. Any permit granted in response to a SWF application for a modification shall be subject to the terms and conditions of the underlying SWF permit. In the event of a conflict between the conditions of the underlying SWF permit and the SWF permit for the modification, the conditions of the SWF permit for the modification shall govern.
B. Installation Timing. Applicant shall complete installation and commence operation of its SWF no later than 12 months after issuance of governmental approvals and permits; provided, this 12-month period may be extended (1) automatically due to delays in installation of necessary fiber backhaul or electrical power, or (2) upon written consent of the city; provided, however, in no event shall such extension exceed 18 months beyond issuance of government approvals and permits. Failure of the applicant to complete installation or commence operation of the applicable SWF as provided above shall permit the city to terminate the SWF or SWF EFR permit upon 30 days’ notice to applicant unless within such 30-day period applicant either (1) completes installation or commences operation, or (2) the city consents in writing to extend the time within which applicant must complete installation and commence operation.
C. Post-Installation Inspection.
1. Scheduling. Within 20 business days of completing installation of a permitted SWF or SWF EFR, the applicant shall call for a city inspection and provide post-installation certification of compliance with FCC RF emissions requirements if requested.
2. Final. The city shall inspect the site to verify whether the SWF or SWF EFR installation complies with the terms of the granted SWF or SWF EFR permit and shall notify the applicant of the results of the inspection. Installations found to be compliant with all terms of the applicable permit may be activated and begin operation. Installations found not to be compliant with all terms of the applicable permit shall be modified to be compliant with the issued permit, and reinspected to verify compliance. SWF and SWF EFR installations may not be operated before installation compliance is verified by city inspection. No city inspection (or approval) shall relieve or supersede an applicant’s obligation to comply with the terms of an issued SWF or SWF EFR permit.
3. Grounds for Deactivation. If a SWF or SWF EFR installation is found at any time not to be in compliance with the requirements of the applicable permit or presenting an immediate public safety issue, the city may require the permit holder to cure the noncompliance or deactivate and remove the noncompliant facility pursuant to the terms of Chapter 1.18 BCC (Civil Violations).
D. As-Built Drawings. The permittee shall submit an as-built drawing within 90 days after installation of a SWF or an approved SWF EFR on a city pole. As-built drawings shall be in an electronic format acceptable to the city.
E. No Waiver of Standing. The city’s grant of a SWF permit does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small wireless facilities, or any modification to those FCC orders or rules. (Ord. 6755 §§ 22 – 26, 2023; Ord. 6462 § 7, 2019; Ord. 6454 § 5, 2019.)