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A. Master Permits.

1. Upon receipt of an application and application fee, the administering officer shall notify the applicant of any additional administrative costs, fees or expenses reasonably expected to be incurred as a result of processing the application, including costs of publication as may be required by state or local law. An applicant must deposit such estimated costs within ten days of notification as a condition of further consideration of an application. Any unexpended monies after the application process shall be refunded within thirty days of completion of the application process. Additional costs billed by the administering officer shall be paid within thirty days of billing. If an applicant fails to file a completed application, furnish other requested information, or pay required amounts, the administering officer shall cancel the application process, and no refund of the application fee will be made.

2. Within ninety days of the filing of a complete application, the administering officer shall negotiate a master permit with the applicant or make the determination that it should be denied. If the parties cannot agree on the terms of the master permit or the administering officer determines it should otherwise be denied, such official shall create a written record, supported by substantial evidence, to explain the reasons why the master permit is recommended for denial. If the administering officer approves the application, the master permit shall be forwarded for final approval by the city council. The city council shall take final action on the recommendation of the administering officer within one hundred twenty days of the date the applicant filed a complete application.

3. The administering officer may require the service provider to attend and participate in any hearing or other fact finding process to determine whether to grant the permit, provided, that extensions of time for the hearing and final action by the city beyond one hundred twenty days of the date the applicant filed a complete application may require the applicant’s consent unless legislative approval of the city council cannot reasonably be obtained within such period. In such event, the administering officer shall notify the applicant of the time needed to obtain final action.

4. In the event time otherwise expires, the administering officer may also act by granting a temporary master permit, upon conditions as may be specified by such official, pending further proceedings.

5. A service provider adversely affected by a final action denying a master permit, or by an unreasonable failure to act on a master permit application in accordance with this section, may commence an action within thirty days to seek relief in a court of competent jurisdiction, which shall be limited to injunctive relief. Venue of such a proceeding shall be in Kittitas County. Upon timely appeal, the administering officer shall certify the record and delivers the same to the court where filed. Such official may require a deposit of funds by the appealing party in an amount estimated necessary to prepare the record as a condition of certifying the record.

B. Use Permits.

1. The city must act upon a request for a use permit made within the scope of this chapter within thirty days of receipt of a completed application and the applicable fee as set forth by resolution of the city council, by the official designated to issue such permits, unless a service provider consents to a different time period or the service provider has not obtained a master permit or franchise from the city. A use permit may not be denied to a service provider with an existing state-wide grant to occupy the right-of-way for wireline facilities on the basis of failure to obtain a master permit.

2. When applying for a use permit, the applicant shall provide, in its application, the following:

a. A demonstration of the applicant’s technical, legal and financial ability to construct and operate the proposed telecommunications services facility;

b. A description of the physical facility proposed, including capacity, the area to be served, a description of technical characteristics, and a map of the proposed system service area and distribution scheme;

c. A description of how any construction will be implemented, identification of areas having aboveground or belowground facilities, the proposed construction schedule, and a description (if applicable) of how service will be converted from any existing facility to a new facility. The construction plan shall be coordinated with the city water, sewer, street, and other improvement plans and municipal infrastructure needs.

3. For purposes of this section, “act” means that the city makes the decision to grant, condition, or deny the use permit, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for the required time period.

4. A service provider adversely affected by a final action denying a use permit may commence an action within thirty days in a court of competent jurisdiction to seek relief, which shall be limited to injunctive relief. In any appeal of the final action denying a use permit, the standard for review and burden of proof shall be as set forth in RCW 36.70C.130.

C. In addition to any other applicable reasons, a master or use permit for placement of facilities of personal wireless services may further be denied consistent with the provisions of RCW 35.21.860(1)(e).

(Ord. 1522 § 1, 2019; Ord. 1133 § 1, 2001)