Article IV. Small Wireless Facilities
22.38.190 Small wireless facility application process.
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 FCC regulations. Accordingly, 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 Algona has adopted this administrative process for the deployment of small wireless facilities.
A. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by AMC 22.38.200 and, to the extent relevant, has submitted all the applicable items in AMC 22.38.190(B) and the city has confirmed that the application is complete. Grantees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional placement of small wireless facilities at any time subject to the commencement of a new completeness review time period for permit processing.
B. The director is authorized to establish franchise and other application forms to gather the information required by this article from applicants.
1. Franchise. If any portion of the applicant’s facilities is to be located in the right-of-way, the applicant shall apply for, and receive approval of, a franchise, consistent with the requirements in Chapter 12.02 AMC. An application for a franchise may be submitted concurrently with an application small wireless facility permit(s).
2. Small Wireless Facility Permits. The applicant shall submit a small wireless facility permit application and associated components as required by AMC 22.38.200 and pay the permit fee as set forth in the fee schedule which may be amended by city council from time to time, or the actual costs incurred by the city in reviewing such permit application. If the applicant desires to locate outside the rights-of-way, or has already obtained a franchise to deploy inside the rights-of-way, the applicant may apply directly for a small wireless facility permit.
3. Associated Permit(s). The applicant shall attach all associated required permit applications including but not limited to applications required under Chapter 12.08 AMC, and applications or checklists required under the city’s critical areas, shoreline or SEPA ordinances in AMC Title 16. Small wireless facilities proposed in design zones or new poles in the right-of-way shall also comply with the requirements in AMC 22.38.270.
4. Leases. An applicant who desires to attach a small wireless facility to any structure owned by the city shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the city council for approval. (Ord. 1189-21 § 2 (Exh. A), 2021).