Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the Federal Communications Commission ("FCC") in 47 C.F.R. Section 1.6002(1), as may be amended or superseded, must submit an application and obtain a permit as specified in the city council policy on small wireless facilities in the public right-of-way, which shall be adopted and may be amended by city council resolution. All small wireless facilities shall comply with the city council policy on small wireless facilities in the public right-of-way. A standard city encroachment permit may also be required as a condition of small wireless facility permit approval.
(Ord. 2020-03 § 5)
Small wireless facilities shall pay the following fees, as applicable:
A. 
Five hundred dollars for non-recurring fees, including a single up-front application fee that includes up to five small wireless facilities, with an additional one hundred dollars for each small wireless facility beyond five, or one thousand dollars for non-recurring fees for a new pole (i.e., not a collocation) intended to support one or more small wireless facilities; and
B. 
Two hundred seventy dollars per small wireless facility per year for all recurring fees, including any possible right-of-way access fee or fee for attachment to municipally-owned structures in the right-ofway.
C. 
The establishment of the above-referenced fees does not in any way affect the right of the city to: (1) adopt a resolution amending any of the fees adopted in this section if the city finds that the fees are insufficient to compensate the city for its reasonable costs related to the permitting and administration of small wireless facilities; or (2) enter into an agreement with any wireless provider with respect to the deployment of small wireless facilities, which provides for the payment of fees that exceed the amounts established in this section; or (3) adopt an entirely different fee structure, including a market-based fee structure, in the event that any FCC order is invalidated or modified in any way with respect to fees related to small wireless facilities.
(Ord. 2020-03 § 5)
In the event that any FCC order regarding small wireless facilities is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions set forth in Chapter 17.40 shall control over the policy on small wireless facilities in the public right-of-way.
(Ord. 2020-03 § 5)