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11A - 2ND RD ORD TELECOMMUNICATION FACILITIES
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11A - 2ND RD ORD TELECOMMUNICATION FACILITIES
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9/13/2018 4:59:39 PM
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9/13/2018 4:55:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11A
Date
9/18/2018
Destruction Year
2023
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the flow of pedestrian or vehicular traffic, the ingress or egress <br />from any residence or place of business, the use of poles, <br />posts, traffic signs or signals, hydrants, mailboxes, permitted <br />sidewalk dining, permitted street furniture or other objects <br />permitted at or near the proposed site of the wireless facility. <br />4. The applicant has demonstrated that the wireless facility will <br />not endanger or is not reasonably likely to endanger the safety of <br />persons or property, <br />5. The proposed wireless facility complies with all applicable <br />regulations of the FCC. <br />6. The applicant has coordinated the final siting location of the <br />facility with the Director. <br />7. The applicant has posted a performance bond or other security <br />in an amount rationally related to the cost of removal.. <br />8. All notification requirements for the proposed facility have <br />been met. <br />(d) In granting or denying an application, the Director shall make a <br />written finding which shall specify all facts relied upon in rendering his <br />decision. A copy of the decision shall be filed with the Public Works <br />Agency and mailed to the applicant and to any person who has <br />submitted a comment on the proposed application pursuant to <br />Section 33-239. <br />(e) Permits are issued for a period of ten (10) years from the date issued. <br />Sec. 33-241. — Extension of Permit. <br />To extend a wireless facility permit for an additional five (5) year period, the <br />applicant shall provide proof that it continues to have the legal authority to occupy and <br />use the PROW for the purpose set forth In its permit, that its site as it exists at the time <br />of the extension is in full compliance with the applicable City permits issued for the <br />site, and pay the fees for extension. Additionally, the applicant must provide an <br />affidavit confirming that the site is still in compliance with the FCC regulations. <br />Additional procedural and substantive requirements may be detailed in the Guidelines. <br />Failure to submit such an affidavit or proof of legal authority to occupy or use the <br />PROW, or to meet any additional requirements regarding extension specified in the <br />Guidelines, shall be grounds for not extending the permit. The burden is on the <br />applicant to demonstrate that the site complies with the requirements herein. <br />Sec. 33-242. - Appeal. <br />Any interested person may appeal the decision of the Director pursuant to <br />Chapter 3 of this Code. <br />Ordinance No. NS -XXX <br />Page 12 of 21 <br />11A-14 <br />
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