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(1) Building permits shall be required to construct new or modify existing personal wireless service facilities in all zones, except as exempted in SCC 30.28A.040.

(2) Additional land use permit approvals may be necessary as set forth in SCC 30.22.100 through 30.22.120.

(3) The processing timelines in SCC 30.70.110 shall not apply to personal wireless service facilities. The timeline for the notice of final decision for personal wireless service facility applications shall be as follows:

(a) 150 days for new personal wireless service facilities; or

(b) 90 days for modifications to previously permitted personal wireless service facilities that do not qualify as an eligible facilities request, as identified in SCC 30.28A.060(2); or

(c) 60 days for modifications to previously permitted personal wireless service facilities that qualify as an eligible facilities request, as identified in SCC 30.28A.060(2).

(4) The following provisions shall apply in determining the processing timeline for personal wireless service facility permit applications:

(a) The total number of days for processing a personal wireless service facility application shall be calculated from the date of application submission through the date of issuance of a written decision, excluding any pauses.

(b) For the purpose of chapter 30.28A SCC, an application shall be considered submitted when all application materials are provided to the department and fees are paid by the applicant.

(c) The timeline may be paused or extended by mutual agreement between the department and the applicant.

(d) The timeline for review is paused if the department notifies the applicant in writing that the application is incomplete, missing information, or needs revisions within 30 days of submission of the application, as described in SCC 30.28A.030(4)(b). The notice shall clearly and specifically delineate all missing documents or information.

(e) The timeline for review shall be paused until the applicant submits information in response to the department’s notice described in SCC 30.28A.030(4)(d).

(f) The timeline for review begins running again when the applicant makes a supplemental submission in response to the department’s notice described in SCC 30.28A.030(4)(d).

(g) Following a supplemental submission, the department shall notify the applicant within 10 days if the resubmission does not provide all of the information identified in the notice described in SCC 30.28A.030(4)(d).

(h) The timeline is paused in the case of second or subsequent notices pursuant to the procedures identified in SCC 30.28A.030(4)(e) through SCC 30.28A.030(4)(g). For the purpose of pausing the timeline, second and subsequent notices may not specify or request documents or information that were not identified in the first written notice from the department.

(i) In the event that, after submittal of an application or as a result of any subsequent submittals, the applicant modifies the proposed dimensions of the personal wireless service facility or the amount of auxiliary support equipment described in the application, the application as modified will be considered a new application subject to commencement of a new application review timeline.

(5) Personal wireless service facilities shall be subject to the following Federal Aviation Administration (FAA) notification and airport compatibility requirements when applicable:

(a) Notice is required to be provided to the FAA, on a form prescribed by the FAA, if the facility falls under the notification requirements mentioned in 14 CFR Part 77. The applicant is responsible for researching Part 77 to determine whether notification is required.

(b) If the facility is located within an airport compatibility area and is subject to the noticing requirements in 14 CFR Part 77, the applicant shall be required to provide documentation of one of the following before a permit may be issued:

(i) The FAA has issued a determination that the height would not create an obstruction by penetrating the 14 CFR Part 77 surfaces; or

(ii) The FAA has conducted an aeronautical study of the proposed structure and issued a determination that the object would create an obstruction but would not create a hazard to the navigable airspace of the airport or impede operations of the airport. If the FAA determination includes recommendations or conditions to mitigate impacts, the following shall apply:

(A) The department shall provide notice of the determination to the relevant airport manager. The airport manager shall be allowed 21 days from the date the notice is transmitted to submit comments to the department to demonstrate that the FAA recommendations or conditions would not be sufficient to address adverse impacts to airport operations and, if so, to recommend additional mitigation strategies to address those impacts; and

(B) The applicant shall provide documentation that demonstrates that the project has incorporated all recommendations and conditions included in the FAA determination and any additional recommendations submitted by the airport manager necessary to address any remaining adverse impacts to airport operations demonstrated pursuant to SCC 30.28A.030(5)(b)(ii)(A). (Added by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005; Amended by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015; Amended by Ord. 18-011, Mar. 21, 2018, Eff date May 20, 2018).