§ 88-24.612. Approval of wireless facility access permit application.

(a)

Notice of Complete Application. The county will notify the applicant that the application is complete or incomplete. A notice of incomplete application will describe the additional information required to complete the application.

(b)

Issuance of Wireless Facility Access Permit.

(1)

An application for a wireless facility access permit will be decided under the procedures specified in Article 26-2.21.

(2)

Following receipt of a complete application for a wireless facility access permit, the department of conservation and development will provide the application to the public works department for its review.

[(3)]

[Reserved.]

(4)

A wireless facility access permit will be issued if all of the following requirements are satisfied:

(A)

The zoning administrator finds each of the following:

(i)

The facility or substantial change will be designed in a manner that complies with the applicable requirements of Section 88-24.408.

(ii)

The facility or substantial change will not interfere with the use of the county right-of-way, or existing improvements or utilities located on, in, under, or above the right-of-way.

(iii)

The facility or substantial change will not interfere with any vehicular, bicycle, or pedestrian use of the county right-of-way.

(iv)

The facility or substantial change will not cause any violation of the accessibility requirements of the Americans with Disabilities Act.

(B)

Indemnity Requirement. To the fullest extent permitted by law, the applicant shall defend, indemnify, and hold harmless the county, its officers, employees, contractors, consultants, and volunteers from and against:

(1)

All claims, losses, damages (including injury or death), liabilities, suits, costs, and expenses, including reasonable attorney's fees, in any way connected to or arising from the design, construction, installation, use, maintenance, or operation of the facility; and

(2)

All claims, actions, or proceedings to attack, set aside, void, or annul any decision to approve the application and issue a wireless facility access permit to the applicant, or any other discretionary action of the county related to the issuance of that permit.

(C)

Insurance Requirement. The applicant shall maintain a policy of general liability insurance, naming the county as an additional insured, in the amount of one million dollars that provides coverage for personal injury, death, and property damage resulting from the construction, installation, use, maintenance, and operation, of the facility.

(D)

The applicant shall repair, at its sole cost and expense, any damage to the county's or any other person's facilities or improvements caused by the construction of, or substantial change to, the facility.

(E)

The applicant shall, upon demand by the county or any other public agency, modify, remove, or relocate its facility, or any portion of its facility, without cost or expense to the county or other public agency, if that modification, removal, or relocation is necessary due to abandonment, change of grade, alignment, or widening of any street, sidewalk, or other public facility, or due to the construction, maintenance, or operation of any other underground or aboveground facility, including but not limited to sewers, storm drains, conduits, gas, water, electric, or other utility systems, or pipes owned by the county or any other public agency.

(F)

The applicant shall provide the zoning administrator, within one hundred eighty days after the facility is operational, all information required by the zoning administrator to confirm that the facility complies with the requirements of this chapter and with the wireless facility access permit issued under this chapter.

(G)

Any required environmental review of the facility has been completed.

(H)

The applicant has paid all required fees and costs, including but not limited to the application fee, any required environmental review fee, and any peer review fee required to be paid under this chapter.

(I)

The applicant has provided the financial assurance required by this chapter.

(Ord. No. 2016-11, § II, 5-24-16)