[CC 1976 §690.010; Ord. No. 1902 §1, 10-26-1993; Ord. No. 2508 §1, 10-9-2007]
The City of Shrewsbury, Missouri, hereby adopts the rules of
the Federal Communications Commission (FCC) which apply to the regulation
of cable and video services.
[CC 1976 §690.020; Ord. No. 1903 §1, 10-26-1993; Ord. No. 2508 §1, 10-9-2007]
The City of Shrewsbury, Missouri, hereby declares its intention
to regulate cable and video services standards in accordance with
current and future FCC rules, regulations and standards.
[Ord. No. 2508 §2, 10-9-2007]
A. The words
and phrases used in this Section of this Chapter shall have the meaning
as set forth in Section 67.2677, RSMo., or if not defined therein
shall have such meanings as established by City of Shrewsbury Code.
B. Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the City's public rights-of-way, each
video service provider or other person providing cable services or
video services within the City shall, to the extent permitted by law,
pay to the City a fee of five percent (5%) of the gross revenues from
such video services provider in the geographic area of the City. Such
payment shall be made as required by Section 67.2689, RSMo. The City
shall have the right to audit any video service provider as authorized
by Section 67.2691, RSMo. Late payments shall accrue interest due
to the City compounded monthly at one and one-half percent (1.5%)
or such other maximum rate as may be established by law.
C. Customer Service Requirements. All video service providers
providing service within the City shall adopt and comply with the
minimum customer service requirements set forth in Section 67.2692,
RSMo. Notice or receipt of this Section by the video service provider
shall be deemed notice of the City invoking such customer service
requirements.
D. Rights-Of-Way Regulation—Indemnification—Permits And
Compliance With Other Laws. Video service providers shall comply with the requirements of Sections 67.2707, 67.2709, RSMo., and all applicable ordinances and regulations consistent with Sections 67.1830 to 67.1846, RSMo., relating to use of the City rights-of-way. Each video service provider shall indemnify and hold harmless the City and its officers, employees and agents from any loss or damage including, but not limited to attorneys' fees as provided in such ordinances or regulations, but in no event less than the obligation on video service providers set forth in Section 67.2695, RSMo. The City may require documentation of such indemnification by written agreement or other instrument to the extent permitted by law. In addition, video service providers shall be subject to and comply with such supplementary provisions relating to placement, screening and relocation of facilities as provided in Section
650.040 of this Chapter, and such other applicable laws of the City, except as may be otherwise validly preempted. Notwithstanding any other ordinance to the contrary, no facilities to be used for video services shall be installed without obtaining a permit from the City authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wires.
E. Public, Educational And Governmental Channels. Each video
service provider shall designate a number of channels for public,
educational and governmental programming consistent with Section 67.2703,
RSMo.; provided that any greater number of channels, as may be required
in the incumbent cable franchise or franchise ordinance, shall be
required pursuant to Section 67.2703.2, RSMo. The City shall bear
no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the City in writing
and approved by the Governing Body. Incumbent cable operators and
other video service providers shall provide support for such public,
educational and governmental channels, consistent with Section 67.2703.8,
RSMo.
F. Continued Obligations. The obligations of a cable service
provider or video service provider as set forth in any existing cable
services or video services franchise or ordinance shall also continue
to apply to the full extent permitted by applicable law.
G. Reservations Of Rights. The City retains all rights in Sections
67.2675 through 67.2714, RSMo., inclusive, and may take any and all
actions permitted by law to exercise such rights or to enforce such
obligations on providers of video service.
H. Notice. A copy of this Chapter shall be delivered to each
video service provider operating in the City after notice to the City
that such provider is authorized to provide service within the City;
provided that the provisions of this Chapter shall, to the extent
permitted by law, not be affected by any claimed or actual failure
of a service provider to have received delivery of a copy of this
Chapter.
[Ord. No. 2508 §3, 10-9-2007]
A. Every
public utility, cable company, video service provider and other users
of the City rights-of-way or adjacent easements to provide services
shall comply with the supplemental regulations in this Section regarding
the placement of accessory utility facilities on public or private
property. For purposes of this Section, "accessory utility
facilities" shall mean such facilities, including pedestals,
boxes, vaults, cabinets or other ground-mounted or below-ground facilities
that directly serve the property or local area in which the facility
is placed, are not primarily for transmission or distribution to other
locations, do not materially alter the character of the neighborhood
or area and otherwise are customarily found in such areas.
B. Except
where limited by other provisions of City ordinance, accessory utility
facilities shall be subject to the following supplementary regulations:
1. Approval—design—location—application. The
design, location and nature of all accessory utility facilities on
private or public property shall require approval of the City, which
approval shall be considered in a nondiscriminatory manner, in conformance
with this Chapter, and subject to reasonable permit conditions as
may be necessary to meet the requirements of this Chapter. In considering
applications for individual or multiple location applications, the
City shall review the request to ensure the proposed facilities do
not impair public safety, harm property values or significant sight-lines,
or degrade the aesthetics of the adjoining properties or neighborhood,
and taking into consideration reasonable alternatives. Any material
changes or extensions to such facilities or the construction of any
additional structures shall be subject to the requirements and approvals
as set forth herein. Unless otherwise prohibited, utility facilities
subject to this Subsection may be located in minimum setback areas
provided that all other requirements are met. To the extent permitted
by Section 67.2707.3 RSMo., the time, method, manner or location of
facilities to be located in the rights-of-way may be established or
conditioned by the City to protect the rights-of-way or to ensure
public safety. An inspection fee shall be required as may be established
by the City to reimburse the City for the costs of review and inspection
of accessory utility facilities as may be permitted by applicable
law.
2. General regulations. The following general regulations apply
to all accessory utility facilities:
a. All such facilities shall be placed underground, except as otherwise provided in Subsections
(c) and
(d) herein or as approved by special use permit.
b. All
such facilities shall be constructed and maintained in such a manner
so as not to emit any unnecessary or intrusive noise.
c. All
facilities and utility boxes shall be deemed abandoned after six (6)
continuous months of non-use and shall therefore be removed within
thirty (30) days thereafter at the cost of the utility.
d. Unless
otherwise restricted, utility poles for authorized above ground lines
or facilities shall be permitted up to forty-five (45) feet in height
where utilities are not otherwise required to be placed underground;
provided that such poles shall be no higher than necessary, maintained
so as to avoid leaning from upright position, and without use of guy
wires crossing rights-of-way or pedestrian routes except where approved
by the City as necessary due to the lack of feasible alternatives.
e. Utility
facilities placed in designated historic areas may be subject to additional
requirements regarding the placement and appearance of facilities
as may be necessary to reasonably avoid or reduce any negative impact
of such placement.
f. Any
damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be promptly
remedied by the facility owner.
g. At
least forty-eight (48) hours prior to any installation, replacement
or expansion of any facility located on private property, the facility
owner shall provide notice to all property owners within one hundred
eighty-five (185) feet from the site. Notice shall include detailed
description of work to be done, the exact location of work and the
time and duration when it will be undertaken.
h. No
facilities may be located so as to interfere, or be likely to interfere,
with any public facilities or use of public property.
i. All
utility facilities not authorized by this Subsection or specifically
addressed elsewhere in this Code shall be authorized only as a special
use permit.
3. Residential districts. In residential districts, accessory
utility facilities less than three and one-half (3.5) feet in height
and covering less than eight (8) square feet in area may be installed
above ground with the prior approval of the City. Except as otherwise
may be authorized herein, any larger utility facility shall be installed
underground or authorized to be installed above ground only by special
use permit. All above ground facilities, where authorized, shall be
placed in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the City upon a determination that all other alternatives are not
feasible.
4. Non-residential districts. In non-residential districts,
accessory utility facilities with a height of less than five (5) feet
and covering less than sixteen (16) square feet in area may be installed
aboveground with the prior approval of the City. Except as otherwise
may be authorized herein, any larger utility facility shall be installed
underground or authorized to be installed above ground only by special
use permit. All aboveground facilities, where authorized, shall be
placed in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the City upon a determination that all other alternatives are not
feasible.
5. Landscape screening. A sightproof landscape screen shall
be provided for all authorized aboveground facilities taller than
three (3) feet in height or covering in excess of four (4) square
feet in size. Such screen shall be required to sufficiently conceal
the facility. A landscape plan identifying the size and species of
landscaping materials and/or fencing shall be submitted by the utility
and approved by the City prior to installation of any facility requiring
landscape screening. The utility shall be responsible for the installation,
repair or replacement of screening materials. Alternative screening
or concealment may be approved by the City to the extent it meets
or exceeds the purposes of these requirements. Facilities located
in rear yards may be exempted from screening where located so as not
to be visible from:
b. More
than two (2) residential dwelling units.
6. Compliance with other laws. All accessory utility facilities
shall be subject to all other applicable regulations and standards
as established as part of the City Code including, but not limited
to, building codes, zoning requirements and rights-of-way management
regulations in addition to the supplementary regulations herein. The
provisions of this Section shall not apply to any circumstance or
entity in which application under such circumstances is preempted
or otherwise precluded by superseding law.