[Ord. No. 2024-20, 4-22-2024]
A.
The
standards of this Article are intended to accommodate wireless communications
and broadband facilities while promoting the general purposes of this
Article. Other specific purposes are to:
1.
Enhance the ability of the providers of telecommunications and broadband
services to provide such services to the community quickly, effectively,
and efficiently;
2.
Assure the highest degree of coordination between residents of the
City and the telecommunications and broadband industry in achieving
the desired objectives of the industry and the general public;
3.
Minimize any adverse impacts of support structures and antennas on
the electric distribution system, residential areas and land uses;
4.
Encourage the location of support structures in non-residential areas;
5.
Minimize the total number of support structures throughout the City;
6.
Encourage support structures that are not taller than reasonably
necessary and that they are, to the maximum extent possible, integrated
into the landscape and architecture of the surrounding environment;
7.
Encourage users of support structures and antennas to configure them
in a way that minimizes any adverse visual impact of the support structures
and antennas through careful design, siting landscape screening, and
innovative camouflaging techniques, consistent with Federal and State
requirements;
8.
A void potential damage to adjacent properties from support structures;
and
9.
Comply with all other regulatory requirements imposed by the Federal
and State government.
10.
It is the City's intent that all other terms and conditions for collocation
of wireless facilities and support structures will be set out in a
fully executed small cell deployment agreement between the City and
any providers.
[Ord. No. 2024-20, 4-22-2024]
Whenever used in this Article, the following terms and their
derivations shall be defined as follows:
Any attachment, accessory equipment, ground equipment, facility,
pole, or portion thereof that has been left by licensee in an unused
or non-functioning condition for more than twelve (12) consecutive
months; unless, after notice to licensee, licensee has established
to the reasonable satisfaction of the City that the attachment, accessory
equipment, ground equipment, facility, pole, or portion thereof has
the ability to provide communications or broadband services.
Any equipment serving or being used in conjunction with a
wireless facility or wireless support structure, including, but not
limited to, utility or transmission equipment, switches, wiring, power
supplies, generators, batteries, cables, equipment buildings, cabinets,
storage sheds, shelters or similar structures associated with an antenna
located at the same fixed location as the antenna.
The rate for placement of attachment(s), facilities, accessory
equipment, and/or ground equipment on and around City poles or in
the right-of-way payable on an annual basis, as specified in the small
cell deployment agreement.
Communications or broadband equipment that transmits or receives
electromagnetic radio signals used in the provision of wireless services,
to include the antenna, coax, support masts, grounding or bonding
wires, power supply, nuts washers and through bolts used by licensee
to provide licensee services that are owned or controlled by licensee
and attached to City poles or facilities pursuant to a small cell
deployment agreement.
All applicable engineering and safety standards, to include
best practices, governing the installation, maintenance, and operation
of wireless facilities and the performance of all work in or around
facilities and includes the most current versions of National Electric
Safety Codes, the National Electrical Code, and the regulations of
the Occupational Safety and Health Administration, each of which is
incorporated by reference in this Article, these codes' best practices,
and other reasonable safety and engineering requirements of the City,
provided such requirements of the City are applied on a non-discriminatory
basis to attaching and all other users; and provided, further, that
such requirements of the City are consistent with this Article. All
future updates or revisions of said applicable standards are hereby
incorporated by reference herein.
Any person or entity that submits an application to the City
requesting a permit for authorization of the deployment or collocation
of a wireless facility and/or licensee pole for placement of such
wireless facility and/or licensee pole and the agents, employees and
contractors of such person or entity.
A written submission of the form and information submitted
by applicant to the City to obtain permission from the City for the
placement, attachment, collocation, modification, or removal of licensee's
wireless facility, accessory equipment, and/or licensee pole at a
specified location. The form of the application, application fee and
information required shall be prescribed by the City in the small
cell deployment agreement.
Any public or private entity, including licensee, which pursuant
to a license, joint use, joint ownership, or other attachment agreement
with City, places an attachment on City's pole(s).
Any wireless facility or equipment that is placed directly
on City poles and may, upon written approval from the City, include
an antenna attachment made on the pole top, pursuant to an executed
small cell deployment agreement. All such attachments are subject
to the requirements in this Article and the small cell deployment
agreement.
Relatively high-speed internet access to include several
high-speed transmission technologies such as cable modems, fiber,
satellite and wireless.
A single aerial cable, wire or fiber optic strand used by
licensee to provide licensee service(s) and any hardware or equipment
thereto, owned or controlled by licensee and attached to City poles
pursuant to a small cell deployment agreement. A cable or fiber is
"placed on" or "attached to" a City pole if any portion of it is physically
located on the City pole. All applicants shall provide a detailed
description of applicant's cable or fiber in its application.
Any attachment, facility, accessory ground equipment or ground
equipment that is covered, blended, painted, disguised, camouflaged
or otherwise concealed such that it blends into the surrounding environment
and is visually unobtrusive as approved by the City, and may include,
but is not limited to, one that is hidden beneath a façade,
blended with surrounding area design, painted to match the supporting
area or disguised with artificial tree branches.
To install, attach, construct, mount, maintain, modify, operate,
or replace wireless facilities on or immediately adjacent to a wireless
support structure or pole for the purpose of transmitting and/or receiving
radio frequency signals whether or not there is an existing antenna
or other attachment on the wireless support structure or pole, and/or
to modify an existing wireless support structure for the purpose of
installing, attaching, or mounting an antenna or other attachment
on such structure all in compliance with applicable standards and
laws.
That space located above the common space on the pole, and
below the communication worker safety zone. No communication or broadband
facilities shall be located in the common space or the communications
worker safety zone.
That dedicated space on a pole that separates the City's
supply space from the communication space. No power supply facilities
or wireless facilities shall be allowed in the communication worker
safety zone.
Means, without limitation, services performed consisting
of the dissemination or interchange of audio, visual or data content
using cable, telecommunications, data communications, and includes
broadband.
Electrical distribution poles owned or maintained by the
City.
That portion of a pole which is determined to be usable for
electric power supply and that is located between the topmost location
of the communication worker safety zone and the top of the pole.
All poles and equipment of the City, along with all approved
licensee poles and equipment used by licensee in providing electrical
power and/or wireless communications and/or broadband service(s),
including, but not limited to, electric supply equipment, cable or
fiber, fiber optic, copper, and/or axial cables, supporting strands,
service drops utilized to provide electric supply service, communication
or broadband services.
The Federal Communications Commission of the United States.
All parts of a wireless facility that are located on the
surface of the ground and, if included in an approved application
or otherwise approved by the City in writing, to include an incidental
structure to support metering devices.
A building, property, or site, or group of buildings, properties,
or sites that are either:
Listed in the National Register of Historic Places; or
Formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i through Section VI.D.1.a.v of the Nationwide Programmatic Agreement codified at 47 CFR Part I, Appendix C.
A Federal or State Statute, common law, code, rule, regulation,
order, or local ordinance, regulation, or resolution.
Any wireless services provider or wireless infrastructure
provider who has an executed small cell deployment agreement on file
with the City.
Any pole or support structure owned and maintained by a licensee.
The wireless communications and/or broadband service(s) provided
or intended to be provided by licensee to its customers using its
facilities.
All work that the City reasonably determines to be required
prior to attachment by the applicant to accommodate the wireless facilities
and to comply with all applicable standards. Such work, includes,
but is not limited to, rearrangement and/or transfer of existing attachments
and/or facilities, inspections, engineering work, permitting work,
tree trimming (other than tree trimming performed for normal maintenance
purposes), pole replacement and construction but does not include
routine maintenance.
Any change or alteration affecting wireless facilities or
licensee's poles including without limitation any change in the number,
type, ownership, or use of, which causes the information provided
by licensee in the prior application(s) to be incorrect or incomplete
in any respect.
The approved application issued by the City after all reviews
are completed by the appropriate City departments in response to a
permit application being granted. A permit, after all make-ready work
is completed, provides permission to licensee for the collocation
on or from the City's pole, support structure and/or placement of
licensee poles in the right-of-way of the specific wireless facility
or licensee pole identified in the application. The form of the permit
application shall be prescribed by the City in the small cell deployment
agreement.
Both electrical poles and roadway poles, to include other
poles and similar structure that are used in whole or in part for
electric distribution, lighting, traffic control, or a similar function;
that the City owns or maintains. It shall not include electric transmission
structures/primary pole(s), or any other structure(s) owned and/or
maintained by the City. It also shall not include licensee poles.
The engineering calculations and analysis of the existing
and proposed loads on a pole.
Any wireless services provider or wireless infrastructure
provider who has an executed small cell deployment agreement on file
with the City.
The radio waves and microwaves emitted by transmitting antennas
and all equipment or devices contained in electronic-electrical products
that are capable of emitting radio frequency energy by radiation,
conduction, or other means.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, or utility easement dedicated for compatible
use. Right-of-way does not include any City-owned aerial lines.
Metallic or plastic encasement materials placed vertically
on the pole to guide and protect wires and cables.
City-owned light poles, decorative poles, traffic light poles,
pedestrian poles, sign poles, and similar structures, but excludes
electric poles.
Cables, wires, fiber, and strands that serve to connect a
customer to the service provider's distribution network in order to
provide service to said customer.
A wireless facility that meets each of the following qualifications:
Each antenna is located inside an enclosure of no more than
six (6) cubic feet in volume, or in the case of an antenna that has
exposed elements, the antenna and all of the antenna's exposed elements
could fit within an imaginary enclosure of no more than six (6) cubic
feet in volume; and
Accessory equipment enclosures that are no larger than seventeen
(17) cubic feet in volume, provided that no single piece of equipment
on the pole shall exceed nine (9) cubic feet in volume; and no single
piece of ground equipment shall exceed fifteen (15) cubic feet in
volume; and
Wireless facilities are mounted on structures no more than ten
(10) feet taller than the tallest existing pole or other structure
within five hundred (500) feet of the new pole, and do not extend
existing structures on which they are located by more than ten percent
(10%).
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified by
the FCC or NESC, whichever is least.
That portion of City poles which is determined to be usable
for electric power supply distributed by the City, and that is located
between the topmost location of the communication worker safety zone
and the top of the pole.
Equipment at a fixed location that enables wireless communication
and broadband services between user equipment and a communication
and/or broadband network, including: Equipment associated with wireless
communications or broadband; and radio transceivers, antennas, coaxial
or fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration. Wireless facilities
include small cell facilities. However, wireless facility does not
include wireline backhaul facilities, coaxial or fiber optic cable
that is between wireless support structures or utility poles or coaxial,
or fiber optic cable that is otherwise not immediately adjacent to
or directly associated with an antenna.
Any person or entity that builds or installs wireless communication
or broadband transmission equipment, wireless facilities, wireless
support structures, or utility poles and that is not a wireless services
provider but is acting as an agent or a contractor for a ·wireless
services provider or applicant for the application submitted to the
City.
Any services, including without limitation telecommunication
and broadband, provided to the general public, including a particular
class of customers, and made available using licensed or unlicensed
spectrum, whether at a fixed location or mobile, using wireless facilities.
A person or entity who provides wireless services.
A pole, tower, base station, or other structure, whether
or not it has an existing antenna facility, that is used or to be
used for the provision of wireless service(s).
A physical transmission path, all, or part of which is within
the right-of-way, used for the transport of communications and/or
broadband data by wire from a wireless facility to a network.
[Ord. No. 2024-20, 4-22-2024]
A.
This
Article applies to the placement of wireless facilities and wireless
services providers' poles in the right-of-way which are otherwise
authorized by a small cell deployment agreement and applicable laws.
B.
Nothing
herein shall be construed to exempt an applicant from any other applicable
ordinances, rules, regulations, or other requirements of the City,
including but not limited to building code, electrical codes, and
the City's right-of-way management code.
C.
If
any other applicable law, regulation, or provision of this Code imposes
a more restrictive structural design or construction requirement,
the most restrictive requirement will control, except for roadway
poles which shall be governed by Sections 67.5111 through 67.5122,
RSMo., and more specifically the small cell deployment agreement.
[Ord. No. 2024-20, 4-22-2024]
A.
No
person shall collocate, install, structurally modify, or change in
height, dimension, or number of antennas on a wireless facility or
pole in the right-of-way without having first entered into a small
cell deployment agreement and obtained a permit from the City authorizing
such activity.
B.
Unless
expressly stated otherwise in the small cell deployment agreement,
maintenance or repair of existing permitted wireless facilities or
poles shall only require written notification in advance of the maintenance
or repair and are excluded from the permitting requirement of this
Section.
[Ord. No. 2024-20, 4-22-2024]
Each applicant seeking to obtain a permit pursuant to this Article
shall pay a non-refundable fee to the City, for each application,
in the amount specified in the small cell deployment agreement, and
which amount may be changed from time to time without amendment to
this Article.
[Ord. No. 2024-20, 4-22-2024]
A.
Each
application for a permit shall be filed with the Trenton Municipal
Utility Director and shall include the following information:
1.
Licensee shall provide the following information to the City, together
with the City's small cell facilities permit application and/or the
City's licensee pole permit application as a condition of placing
any facilities on a City pole or City wireless support structure,
or of placing any licensee pole within the right-of-way:
a.
A copy of the small cell deployment agreement between the City and
applicant;
b.
Site specific structural integrity calculations established by pole
loading studies, wind bearing studies, make-ready analysis prepared
by a professional engineer;
c.
The location where each proposed licensee facility or licensee pole
would be installed and photographs of the location and its immediate
surroundings depicting the licensee facilities, licensee poles, and
the poles or structures on which each proposed licensee facility will
be mounted or location where licensee poles or structures will be
installed. This should include a depiction of the completed facilities;
d.
Specifications (to include physical dimension of height, width, depth,
volume and weight with mounts and other necessary hardware), and drawings
for each proposed licensee facility covered by the application as
it is proposed to be installed;
e.
The equipment type and model numbers for the antennas and all other
equipment associated with the facility;
f.
A proposed schedule for the installation and completion of each facility
covered by the application, if approved;
g.
Certification that the collocation complies with the collocation
requirements and conditions contained in this Article and the small
cell deployment agreement, to the best of licensee's knowledge;
h.
In the event that the proposed facility is to be attached to an existing
pole owned by an entity other than the City, licensee shall provide
legally competent evidence of the consent of the owner of such pole
to the proposed collocation; and
i.
Each application shall be accompanied by licensee's payment of applicable
fees, rates, and charges as set out in the small cell deployment agreement.
[Ord. No. 2024-20, 4-22-2024]
A.
Application
Processing. City will process applications for permit(s) as promptly
as is reasonable and will make best efforts to comply with the following
timeframes, but such timeframes shall not be binding on the City:
1.
The time period for approval of applications will begin when the
application is submitted and may be tolled within the first thirty
(30) days after the submission of the application if the City notifies
applicant City needs additional time to review the application, or
that such application is incomplete and identifies all missing information
that is required for the application to be complete.
2.
The processing deadline tolled from the time the City sends the notice
of incompleteness to the time applicant provides the missing information.
That processing deadline may also be tolled by mutual agreement of
the parties.
3.
An application to collocate a wireless facility on an existing pole
or an existing wireless support structure will be processed on a non-discriminatory
basis within sixty (60) days after submission of a completed application.
4.
An application to collocate a wireless facility that includes the
installation or replacement of a new pole or a new wireless support
structure will be processed on a non-discriminatory basis within ninety
(90) days after submission of a completed application.
5.
All deadlines applicable to the City shall be tolled during any period
in which delay is the result of applicant's or third parties' actions
or inactions (i.e., delays in payment of fees, rates, or other charges,
failure to rearrange or transfer attachments, etc.).
B.
Consolidated
Applications. Unless otherwise mutually agreed by the parties, each
application seeking a permit within the jurisdiction of the City may
file a consolidated application for the collocation of up to five
(5) small cell facilities provided all such facilities involve substantially
the same type of small cell facility, substantially the same type
of support structures and do not require the construction or installation
of a new support structure.
1.
Such consolidated applications shall be reviewed and processed within
sixty (60) days of receipt of the complete consolidated application.
If an application includes multiple small cell facilities, the City
may remove small cell facility collocations from the application and
treat separately facilities for which incomplete information has been
provided or that do not qualify for consolidated treatment or that
are denied. At the City's discretion, the City may issue separate
permits for each collocation that is approved in a consolidated application
or a single permit encompassing all facilities approved in a consolidated
application.
2.
In the event consolidated applications are submitted for fifty (50)
separate facilities, the City shall have an additional thirty (30)
days to review and process such applications, or longer if mutually
agreed to by the patties.
[Ord. No. 2024-20, 4-22-2024]
A.
Wireless
providers shall:
1.
At their sole cost and expense, install, maintain, repair, modify
and remove their facilities and poles in a safe manner in accordance
with good utility practice and keep them in good condition and good
repair in accordance with all applicable standards, laws, and specifications;
2.
Indemnify and hold the City harmless from all liability, for all
small cell facilities and attachments outside the supply space, or
on secondary or roadway poles except if such liability results from
the negligence or willful misconduct of the City, City employee, or
City agent;
3.
Indemnify and hold the City harmless from all liability, for all
small cell facilities and attachments inside the supply space, except
if such liability results from willful misconduct of the City, City
employee, or City agent;
4.
Install all antennas on poles that are bucket truck accessible and
only on roadway poles;
5.
Limit the height of all new or replacement poles or wireless support
structures so as not to exceed fifty (50) feet in height including
the antennas and no more than ten percent (10%) taller than other
adjacent structures. The antenna shall not extend existing structures
on which the small cell facility is located to a height of more than
fifty (50) feet or more than ten percent (10%), unless expressly authorized
by the City;
6.
Limit wireless facilities to no greater than thirty-six by twenty-four
by twelve (36x24x12) inches in size (whether a receiver, transmitter,
or combination unit). Only one (1) will be permitted per pole and
only one (1) wireless provider is permitted on a single pole subject
to pole loading and wind bearing studies;
7.
Install antenna coax cable with a maximum size of two (2) inch diameter
schedule 40 PVC conduit, unless the City consents otherwise. Conduit
supports must be installed every five (5) feet;
8.
Install two (2) RF warning signs - one (1) near pole top level where
the safe approach level ends (for FCC general population/uncontrolled
power levels) and one (1) near the base of the pole. These signs shall
indicate the safe approach distance. Each sign shall also indicate
the wireless facility's owner's name and contact number where a representative
may be reached twenty-four (24) hours per day, seven (7) days per
week. All such signage shall be kept accurate and current;
9.
Collocate all wireless facilities and antennas which require electrical
power with disconnects/shutoffs allowing the City to disconnect power
(including both AC and DC battery power) to avoid RF exposure to its
employees when working around such facilities. However, such shutoffs
shall only be performed in coordination with the wireless provider's
lockout and/or tagout procedures which are required with all wireless
facility collocations;
10.
Locate wireless facilities so as not to create an adverse obstruction
to pedestrian and vehicular sight lines along a street or alley;
11.
Locate wireless facilities in such a manner as to avoid material
interference with existing utilities and infrastructure;
12.
Comply, and not interfere, with the requirements of the Americans
with Disabilities Act (ADA) and not obstruct, impede, or hinder usual
pedestrian, bicycle, or vehicular travel, or interfere with the operation
or maintenance of signal lights, signage, streetlights, street furniture,
fire hydrants, trees and landscaping, underground utilities, or business
district maintenance;
13.
Attach only one (1) wireless device to a streetlight bracket, no
more than three (3) feet and no less than six (6) inches from the
roadway pole, unless the City consents otherwise. Maximum weight of
the device shall not exceed fifteen (15) pounds when installed on
a streetlight arm;
14.
Shall not work in the supply space on electric poles without written
approval of the City;
15.
Drive a pole ground as required for each antenna installation and
install it in accordance with City construction standards; and
16.
Shall design, construct, operate, and maintain all facilities in
compliance with all generally applicable health and safety standards,
regulations, and laws, including without limitation all applicable
regulations for human exposure to RF emission.
17.
Shall follow these Siting Guidelines for preferred locations and
configurations for licensee facilities within the City, provided that
nothing herein shall be construed to permit a wireless facility in
any location that is otherwise prohibited by the applicable standards
or laws.
b.
Discouraged Locations.
(1)
Medium and high-density residential areas;
(2)
Schools, daycare facilities, playgrounds, and similar facilities;
(3)
Areas that adversely impact view corridors;
(4)
Locations directly in front of doors, windows, balconies, or
residential frontages; and
(5)
Community gathering places such as community halls, churches,
commercial eating and drinking establishments.
c.
Setbacks For Discouraged Locations. In the event a discouraged location
is the only feasible location, then collocation of wireless facilities
shall ensure a five hundred (500) foot setback from the discouraged
location.
[Ord. No. 2024-20, 4-22-2024]
A.
Unless
the City expressly authorizes otherwise, wireless providers shall:
1.
In residential areas, place wireless facilities between properties
at the common property line and not in front a house; in commercial
and industrial areas, be placed at the common property line between
properties whenever possible;
2.
If placed on a new wireless support structure, be placed equidistant
from any adjacent poles or wireless support structures;
3.
Be located out of the drip-zone of street trees to prevent disturbance
within the critical root zone;
4.
Not cause or result in the removal of any existing street furniture,
street tree, or other City infrastructure, without the express written
permission of and compensation to the City;
5.
Wireless facilities may be permitted on decorative roadway poles,
or the decorative roadway pole may be replaced by a licensee, when
necessary, but any replacement pole shall reasonably conform to the
design aesthetics of the decorative roadway pole being replaced. The
term "reasonably conform" means that the design aesthetics of the
replacement pole shall be as nearly identical to the decorative roadway
poles replaced as is feasible. The City is authorized to determine
whether the replacement pole reasonably conforms, based upon the reasonable
objective design standards published in advance by the City;
6.
Only with the City's consent may a wireless facility be collocated
on an electric pole. If consent is granted, the same aesthetic standards
as apply to roadway poles will apply to electric poles;
7.
All primary and accessory equipment enclosures shall be no larger
than seventeen (17) cubic feet in volume;
8.
Installation of devices and antennas should be visually obscure,
which means any facility must be covered, blended, painted, disguised,
camouflaged, or otherwise concealed to blend with the surrounding
environment;
9.
All wireless providers shall comply with and observe all applicable
City, State and Federal historic site or district preservation laws
and requirements;
10.
All new poles shall be pre-designed, and approved stealth poles,
such that all equipment, including any wiring, can be concealed inside
the pole. Replacement poles must match adjacent poles in style and
form (round, octagonal, fluted, tapered, etc.);
11.
In situations where attachment will be made to existing poles and/or
support structures, the color of all attachments associated with the
small cell facility will, as closely as possible, match the existing
pole color and conceal all equipment, cabling, and conduit through
the use of approved shrouding or camouflaging equipment;
12.
Antennas are to be top-mounted and concealed within a radome that
also conceals the cable connections, antenna mount and other hardware.
GPS antennas are to be placed within the radome or directly above
the radome not to exceed six (6) inches. The radome or side-mounted
antenna and GPS antenna are to be non-reflective and painted or otherwise
colored to match the existing pole or support structure;
13.
When pole-mounted equipment has been consented to by the City, all
equipment other than the antenna(s), electric meter and disconnect
switch must be concealed within an equipment shroud not to exceed
seventeen (17) cubic feet in total volume. The equipment must be installed
no lower than fifteen (15) feet above ground level. The equipment
shroud must be non-reflective and painted, wrapped, or otherwise colored
to match the existing pole. Unless the City consents otherwise, equipment
shrouds are to be mounted flush to the pole, standoff mounts for the
equipment shroud may not exceed six (6) inches and must include metal
flaps to conceal the space between the shroud and the pole; and
14.
All new utility service lines are to be undergrounded whenever possible
to avoid additional overhead lines. When possible, the wires are to
transition directly into the pole base without any external junction
box.
[Ord. No. 2024-20, 4-22-2024]
A provider shall maintain all personal property and accessory
equipment in the right-of-way associated with its wireless facilities,
including, but not limited to, wireless support structures, accessory
equipment, and all other components of its network, in a condition
that conforms to the requirements of this Article and the small cell
deployment agreement. This responsibility includes, as applicable,
regular maintenance, periodic re-painting, and timely repairs or equipment
replacement in the event of damage. Upon notice from the City of provider's
non-compliance with this Section, the provider must remedy the violations
within the time specified in the small cell deployment agreement,
or the City may repair or remove the damaged equipment at provider's
expense.
[Ord. No. 2024-20, 4-22-2024]
Any wireless facility that is not operated for a continuous
period of twelve (12) months after completion of initial installation,
excluding non-operation due to a natural disaster or other unforeseeable
circumstance or temporary equipment failure, shall be considered abandoned.
If a wireless facility is abandoned, the provider shall notify the
City within thirty (30) days of the abandoned status of such facility.
No later than ninety (90) days after any wireless facility is abandoned,
a provider shall remove the abandoned facility at the provider's sole
cost and expense.
[Ord. No. 2024-20, 4-22-2024]
A.
Pole
Material And Style. Unless the City consents otherwise, new wireless
support structures shall not be constructed of wood unless located
in alleys. New wireless support structures shall be hollow metal,
fiberglass or a similar composite material that is structurally designed
and certified for the intended use, and generally round or octagonal,
and designed for internal cabling. Providers placing new wireless
support structures in designated development or redevelopment areas
that have an established streetscape style and color for light poles
and other poles shall coordinate with the City to match the established
character, style, height, and color, as is reasonably feasible.
B.
Height
Limitations. Unless the City consents otherwise, new or replacement
poles or wireless support structures on which wireless facilities
are collocated may not exceed fifty (50) feet in height including
the antennas and may not be more than ten percent (10%) taller than
other adjacent structures.
1.
The use of pole top extensions is discouraged and shall not be utilized
unless the City agrees to the use of such extensions.
2.
Height Exceptions Or Variances. If applicant proposes a height for
a new or replacement pole or support structure in excess of the above
height limitations, on which the wireless facility is proposed for
collocation, applicant must apply for a special use permit in conformance
with procedures, terms, and conditions set forth in the City ordinances.
[Ord. No. 2024-20, 4-22-2024]
Notwithstanding any provision herein to the contrary, roadway
poles, pursuant to Sections 67.5111 through 67.5122, RSMo., are excepted
from this Article so long as Sections 67.5111 through 67.5122, RSMo.,
are in effect. Requirements for roadway poles shall be subject to
the specific provisions of the small cell deployment agreement applicable
to roadway poles and in compliance with the applicable Missouri Statutes.
However, upon the expiration or repeal of Sections 67.5111 through
67.5122, RSMo., the roadway pole exception shall cease to be applicable,
except that the annual rate for collocations on roadway poles shall
remain unchanged so long as the permit authorizing the collocation
on the roadway pole remains in effect.
[Ord. No. 2024-20, 4-22-2024]
This ordinance shall be published by the following summary:
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Ordinance No. 2024-20 Summary
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On April 22nd, 2024, the City of Trenton, Missouri, passed Ordinance No. 2024-20. The ordinance amends the City of Trenton Code by adding a new Article I, Chapter 750, to establish standards for the construction, maintenance, and modification of small cell wireless facilities in the public right-of-way. A complete copy of the ordinance is available at www.trentonmo.com, or in the office of the City Clerk, 1100 Main Street, free of charge. This summary is certified by the City Attorney.
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[Ord. No. 2024-20, 4-22-2024]
This Article shall be in full force and effect from and after
its adoption and publication by summary once in the official City
newspaper.
