§ 9-7-3. Permitted use; application and fees.

(A)

Permitted use . Collocation of network nodes and the placement of node support poles meeting the parameters set forth in this Chapter and in applicable law shall be a permitted use. Except as provided in Section 9-7-5 or applicable law, no zoning review or land use approval shall apply.

(B)

Permit required . Except as otherwise provided in this Chapter, no person shall place a network node, transport facility or node support pole in the public right-of-way without first filing a permit application and obtaining a permit therefor.

(C)

Permit application . All permit applications filed pursuant to this Chapter shall be on a form, paper or electronic, provided by the City. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly; however, the issue of whether such materials are subject to public disclosure will be governed by V.T.C.A., Government Code ch. 552, as may be amended.

(D)

Application requirements . A permit application shall be made by the network provider or its duly authorized representative and shall contain:

(1)

The applicant's name, address, and telephone number;

(2)

The name and title, address, telephone number, and e-mail address of the person designated by the applicant to receive, on behalf of the applicant, all communications and required notices from the City in accordance with this Chapter and applicable law;

(3)

The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application; and

(4)

Construction and engineering drawings and information confirming that the construction and location will be consistent with the City Code and the design manual adopted in accordance with Section 9-7-11.

(E)

Routine maintenance and replacement . A permit application shall not be required for:

(1)

Routine maintenance; or

(2)

The replacement of a node with another node that is substantially similar.

(F)

Information updates . An applicant shall ensure that the information provided to the City in a permit application is correct. If any change in facts or circumstances causes the information contained in a permit application to no longer be correct, the applicant shall submit in writing to the City an amendment to the application containing the correct information within 30 days after the change in facts or circumstances occurs.

(G)

Application fees . All applications for permits pursuant to this Chapter shall be accompanied by:

(1)

A fee of $500.00 for up to five network nodes addressed in the same application, and $250.00 for each additional node in the same application; and

(2)

A fee of $1000.00 for each node support pole.

To the extent applicable law prescribes an application fee that is different from the fee prescribed by this Section, the fee prescribed by applicable law shall apply.

(Ord. No. 9710 , § 1, 10-24-2017)