(a) Application. An application for an SCWF shall comply with Sections 313-91.2.8.6 and 314-91.2.8.6.

(b) Design Standards. All small cell wireless facilities shall comply with the design standards in Sections 313-91.2.6 and 314-91.2.6.

(c) Permit Term. This small cell encroachment permit will automatically expire ten (10) years and one (1) day from its issuance. Any other permits or approvals issued in connection with any co-location, modification, or other change to this SCWF, which includes without limitation any permits or other approvals deemed granted or deemed approved under Federal or State law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under Federal or State law. To the extent that this small cell encroachment permit is issued in connection with any structure owned or controlled by the County and located in the public right-of-way, this small cell encroachment permit shall be coterminous with the cancellation, termination, or expiration of the agreement between the applicant and the County for access to the subject County structure.

(d) Annual Permit Fee. Prior to June 30th of each year, the applicant shall submit payment of the annual small cell encroachment permit fee adopted by the Board of Supervisors for that fiscal year to the Department of Public Works.

(e) Permit Renewal. Not more than one (1) year before this small cell encroachment permit expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject SCWF complies with all the conditions of approval associated with this small cell encroachment permit and all applicable provisions in the County Code and this chapter that exist at the time the decision to renew or not renew the permit is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this chapter. Upon renewal, this small cell encroachment permit will automatically expire ten (10) years and one (1) day from its issuance.

(f) Post-Installation Certification. Within sixty (60) calendar days after the permittee commences full, unattended operations of an SCWF approved or deemed approved, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the SCWF has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data, and site photographs.

(g) Build-Out Period. This small cell encroachment permit will automatically expire six (6) months from the approval date (the “build-out period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved SCWF, which includes without limitation any permits or approvals required by any Federal, State or local public agencies with jurisdiction over the subject property, the SCWF or its use. If this build-out period or the construction permit expires, the permit automatically terminates and the County will not extend the build-out period or the permit, but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.

(h) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this small cell encroachment permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the County, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

(i) Compliance With Laws. The permittee shall maintain compliance at all times with all Federal, State and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the SCWF or any use or activities in connection with the use authorized in this small cell encroachment permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws. No failure or omission by the County to timely notice, prompt or enforce compliance with any applicable provision in the County Code, this chapter, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with all applicable provisions in the County Code, this chapter, any permit, any permit condition or any applicable law or regulation.

(j) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the County Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the County or other State or Federal government agency or official with authority to declare a state of emergency within the County. The Director may issue a stop work order for any activities that violate this condition in whole or in part.

(k) Inspections – Emergencies. The permittee expressly acknowledges and agrees that the County’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the County’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the County’s officers, officials, staff or other designees while any such inspection or emergency access occurs.

(l) Permittee’s Contact Information. Within ten (10) days from the final approval of this small cell encroachment permit, the permittee shall furnish the Director with accurate and up-to-date contact information for a person responsible for the SCWF, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the Director with updated contact information if either the responsible person or such person’s contact information changes.

(m) Indemnification. The permittee and, if applicable, the property owner (if not on County-owned infrastructure) upon which the SCWF is installed shall defend, indemnify and hold harmless the County of Humboldt, its Board of Supervisors and the County’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the County’s approval of this small cell encroachment permit, and (2) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this small cell encroachment permit or the SCWF. In the event the County becomes aware of any claims, the County will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the County shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the County’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the County for any costs and expenses directly and necessarily incurred by the County in the course of the defense. Within ten (10) calendar days of the service of a claim, the permittee shall execute a letter of agreement with the County, acceptable to County Counsel, which memorializes the above obligations.

The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the County to approve this small cell encroachment permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this small cell encroachment permit.

(n) Performance Bond. Before the County issues any permits required to commence construction in connection with this small cell encroachment permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the SCWF, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code Section 65964(a), the Director shall take into consideration any information provided by the permittee regarding the cost to remove the SCWF to a standard compliant with applicable laws. The performance bond shall expressly survive the expiration, revocation or other termination of this small cell encroachment permit to the extent required to completely remove the equipment and improvements, restore the affected areas and perform all other obligations in accordance with this condition.

(o) Permit Revocation. Any permit granted under this chapter may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before the Director may conduct a public hearing to revoke any permit granted under this chapter, the Director must issue a written notice to the permittee that specifies (1) the facility; (2) the violation(s) to be corrected; (3) the time frame in which the permittee must correct such violation(s); and (4) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to timely correct such violation(s). A permit granted under this chapter may be revoked only by the Board of Supervisors after a duly noticed public hearing. The Board of Supervisors may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the Board of Supervisors to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.

(p) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the small cell encroachment permit application, small cell encroachment permit, RF report, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the small cell encroachment permit (collectively, “records”). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the County’s regular files will control over any conflicts between such County-controlled copies or records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.

(q) Abandoned Wireless Facilities. The SCWF authorized under this small cell encroachment permit shall be deemed abandoned if not operated for any continuous six (6) month period. Within ninety (90) days after a SCWF is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the SCWF and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the County Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said ninety (90) day period, the County shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the County in connection with such removal and/or restoration activities.

(r) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree and consistent with the County’s list of preapproved street trees. The permittee shall, at all times, be responsible to maintain any replacement landscape features.

(s) Cost Reimbursement. The permittee acknowledges and agrees that (1) the permittee’s request for authorization to construct, install and/or operate the wireless facility will cause the County to incur costs and expenses; (2) the permittee shall be responsible to reimburse the County for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the wireless facility; (3) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the County for all such costs ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs; and (4) the County shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the County by the permittee.

(t) Cooperation with RF Compliance Evaluations. At all times relevant to this permit, the permittee and the property owner shall reasonably cooperate with efforts by the County to evaluate whether the wireless facility complies with all applicable FCC rules and regulations for human exposure to RF emissions. Such cooperation shall be at no cost to the County and may include, but is not limited to: (1) furnishing the County with a written affidavit signed by an RF engineer certifying the wireless facility’s compliance with applicable FCC rules and regulations; (2) providing technical data such as the frequencies in use, power output levels and antenna specifications reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC; (3) allowing the County or its designee to have supervised access to the areas near the wireless facility for inspections and field measurements; and (4) promptly responding to all requests by the County or its designee for information and/or cooperation with respect to any of the foregoing. The County may conduct random tests to ensure compliance with the FCC’s rules and regulations. In the event that the County determines that permittee is not in compliance with any legal requirements or conditions, the permittee shall be responsible for all costs and expenses incurred by the County in connection with the investigation, enforcement and/or remediation of such noncompliance. (Ord. 2703, § 8, 11/29/2022)