Banning Municipal Code Ch. 12.56 City Wide Regulation of Small Wireless Facilities

Notwithstanding any provision of this Code to the contrary, all small wireless facilities as defined in 47 C.F.R. § 1.6002(l), as may be amended or superseded, that are proposed to be located within the city, including any city-owned rights-of-way, are subject to the requirements of the "City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities", as adopted and amended from time to time by city council resolution, and all such small wireless facilities must comply with that policy.

(Ord. No. 1546, § 2, 5-14-19)

Each applicant/permittee shall pay one-time and recurring fees, per each small wireless facility, in amounts set forth in the "City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities," or as:

1. Established by resolution of the city council that are not less than those amounts deemed presumptively reasonable under the report and order or then-in effect federal law or regulations; or that otherwise are determined to be a reasonable, non-discriminatory approximation of the city's costs in processing applications and administering permits for small wireless facilities; or

2. Agreed upon by the city and an applicant or permittee in a site or master agreement.

(Ord. No. 1546, § 2, 5-14-19)

Failure to comply with the "City Wide Policy Regarding Permitting Requirements and Development Standards for Small Wireless Facilities" constitutes a violation of this chapter and this Code.

(Ord. No. 1546, § 2, 5-14-19)

The provisions of this chapter shall govern and supersede any conflicting provisions of this Code with respect to the permitting and regulation of small wireless facilities within the city, including small wireless facilities in city rights-of-way.

(Ord. No. 1546, § 2, 5-14-19)