1. The purpose of this section is to reasonably regulate, to the extent permitted under Alaska and federal law, collocations and modifications to existing wireless towers and base stations that do not substantially change the physical dimensions of such existing wireless towers or base stations consistent with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156 (codified as 47 U.S.C. § 1455(a)), as may be amended, and 47 C.F.R. § 1.40001 et seq., as may be amended, to protect and promote the public health, welfare and safety within the city. This section accomplishes those purposes by establishing a clear and orderly streamlined application and review process that distinguishes those collocations and modifications over which the city may exercise its traditional zoning authority from those collocations and modifications over which federal law has preempted the city’s traditional zoning authority. In doing so, the regulations in this section balance the city’s legitimate government interest in well-planned development projects with the benefits that flow from robust wireless services.

2. This section does not intend to, and must not be interpreted or applied to:

1. Permit Application. No permit may be granted pursuant to this section or deemed granted by the operation of law unless the applicant first submits a written permit application in accordance with this subsection B.

2. Submittal Appointments Required. All permit applications must be submitted to the city at a prescheduled appointment. Applicants may submit one (1) permit application per appointment but may schedule successive appointments for multiple applications whenever determined feasible by the city. City staff will endeavor to provide applicants with an appointment within approximately five (5) business days after a request.

3. Authorization to Develop and Update Application Materials. The city authorizes and directs the planning director to develop and make publicly available permit applications and other materials specific for wireless facilities and without further authorization from city to update and amend such publicly available permit applications and materials from time to time as the planning director deems necessary or appropriate.

4. Required Application Materials. In addition to all other materials that the planning director may from time to time require pursuant to subsection (B)(3) of this section, all permit applications for permits granted under this section must include the following:

1. Findings for Approval. The planning director may approve a permit submitted for review under this section when the planning director finds that the proposed collocation or modification qualifies as an eligible facilities request and does not cause a substantial change.

2. Grounds for Denial. In addition to any other alternative recourse permitted under federal law, the planning director may deny a permit submitted for review under this section when that person finds that the proposed collocation or modification:

3. Denials Are Without Prejudice. Any denial of a permit submitted for review under this section shall be without prejudice to the applicant or the proposed development. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for either a conditional use permit pursuant to Chapter 18.60 BMC or permit for a modified project that complies with this section.

1. Permit Term. This permit will automatically expire or terminate when the permit for the underlying site being collocated or modified expires or terminates, if ever. The grant of this permit does not extend the permit term for the underlying site being collocated or modified.

2. Code Compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

3. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

4. Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one (1) natural person. All such contact information for responsible parties shall be provided to the planning director upon permittee’s receipt of the planning director’s written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the planning director upon that person’s verbal request.

5. Indemnities. The permittee and, if applicable, the nongovernment owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees (a) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (b) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the city’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the city attributable to the interference. In the event the city becomes aware of any such actions or claims, the city shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve the legal counsel providing the city’s defense, which approval shall not be unreasonably withheld, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. Legal counsel shall not settle, compromise, waive or abandon any claim without the express written consent of city.

6. Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

7. General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

8. Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permittee within forty-eight (48) hours after notification from the city.

9. No Waiver of Standing. The city’s grant or grant by operation of law of this permit does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a), including but not limited to 47 C.F.R. § 1.40001 et seq., or any permit granted pursuant to those laws and regulations.