[Code 1991, § 13-46]
Archaeological resources on City property are an accessible and irreplaceable part of the City's heritage which are increasingly endangered because of their commercial attractiveness. The purpose of this section is to prevent the loss and destruction of these archaeological resources from uncontrolled excavations and pillage and to secure for the present and future benefit of the citizens of the City the protection of archaeological resources and sights which are on City property.
For purposes of this section, the term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, which shall include, but not be limited to, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, crockery, eating utensils, or any portion or piece of any of such items. For purposes of interpreting this section, any of such items found below the surface of the ground are presumed to be of archaeological interest.
Any person may apply to the City Manager for a permit to excavate or remove any archaeological resource located on City property and to carry out activities associated with such excavation or removal. The application shall be required to contain such information as the City Manager deems necessary, including information concerning the time, scope, location and specific purpose of the proposed work. A nonrefundable application fee of $25 shall accompany each application. A permit may be issued pursuant to an application under this section if the City Manager determines that the applicant is qualified, based on education, experience, type of equipment to be used, training, and other aspects of the applicant's background, reasonably leading to the conclusion that the applicant is able to carry out the permitted activity, that the activities will be undertaken for the purpose of furthering archaeological knowledge and the public interest, that the archaeological resources which are excavated or removed from City property will remain the property of the City or will be preserved by a suitable university, museum, or scientific or educational facility, and the activity pursuant to such permit is not inconsistent with any management plan applicable to the City property concerned. Any permit issued by the City Manager shall contain such terms and conditions as the City Manager deems necessary to carry out the purposes of this section. Each permit under this section shall identify the individual who shall be responsible for carrying out the terms and conditions of the permit and otherwise complying with this section. Any permit issued under this section may be suspended by the City Manager upon his determination that the permittee has violated any provision of this section. The City Manager is hereby granted the authority to promulgate regulations for the administration and enforcement of this section and to establish the terms and conditions of such permit.
No person shall excavate, remove, damage, or otherwise alter or deface any archaeological resource located on City property unless such resource has been excavated, removed, damaged or otherwise altered or defaced pursuant to a permit issued under this section. No person having knowledge that an object is an archaeological resource and that it was excavated or removed from City property shall sell, purchase, exchange, transport, receive or offer to sell, purchase or exchange any such archaeological resource.
Except as may be contained on a permit issued under this section, no person shall possess or use a mineral or metal detector, magnetometer, side scan sonar or other metal detecting device or sub-bottom profiler on City property within the boundaries of the City or on property owned by the City located outside the City boundaries. This section shall not apply to a device broken down and stored or packed to prevent its use while on City property or to electronic equipment used for the navigation and safe operation of boats.
Any person who violates any provision of this section shall, upon conviction, be guilty of a Class 1 misdemeanor.
[Code 1991, § 16-11; amended 10-24-2017 by Ord. No. 17-29]
No sign, equipment, utility pole, pipe, meter, conduit, antenna, micro-wireless facility, small cell facility, wireless facility, wireless support structure, tower, fence, pump station, street furniture or fixture, light, parking lot, traffic signal, traffic signal control cabinet, or similar infrastructure improvement that is (i) located within the public right-of-way or on other property owned or controlled by the City within the Old and Historic Fredericksburg Zoning District (HFD), as defined in Chapter 72, and (ii) subject to view from a public street or right-of-way or from any City-owned property, shall be erected, installed, constructed, reconstructed, altered, restored, or removed unless such improvement has been reviewed and approved by the City and public utility review committee or, on appeal, by the City Council, as being architecturally compatible with the standards applicable to the HFD, as provided under Chapter 72.
For purposes of this division, the following terms are defined:
- Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
- To install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure.
- EXISTING STRUCTURE
- Any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to the City of an agreement with the owner of the structure to co-locate equipment on that structure. Existing structure includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flagpoles, signs, and water towers.
- MICRO-WIRELESS FACILITY
- A small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.
- PUBLIC UTILITY COMPANY
- Any person engaged in the business of providing electric, telecommunications, gas, cable television, or similar utility service to the public.
- (1) A wireless facility that meets both of the following qualifications:
- (a) Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and
- (b) All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission.
- (2) The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services.
- UTILITY POLE
- A structure owned, operated, or owned and operated by a public utility, local government, or the commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.
- WIRELESS INFRASTRUCTURE PROVIDER
- Any person, including a person authorized to provide telecommunications service in the state, that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless provider.
- (1) "Personal wireless services" as defined in 47 U.S.C. 332(c)(7)(C)(i);
- (2) "Personal wireless facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and
- (3) Any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.
- WIRELESS SERVICE PROVIDER
- A provider of wireless service.
- WIRELESS SUPPORT STRUCTURE
- A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. Wireless support structure does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical services.
This section shall not apply to:
Fire hydrants, sidewalks, street pavement, curbs, and gutters;
Infrastructure improvements that do not protrude above ground level;
Other infrastructure improvements that the City Manager determines require placement, design, or installation in a standardized manner or in a specific location to protect the public health or safety; or
Routine repair and maintenance work that does not substantially alter the physical appearance or location of existing infrastructure.
[Code 1991, § 16-12; amended 10-24-2017 by Ord. No. 17-29]
The City and public utility review committee (CPURC) is hereby established to implement the provisions of § 66-191 regarding infrastructure improvements on City property within the Old and Historic Fredericksburg District. The committee shall consist of the following persons or their designees:
The CPURC shall consider all proposals (including utility permit applications) by City departments and agencies, other governmental entities, public utility companies, wireless infrastructure providers, and wireless service providers, to construct, erect, install, relocate, alter, or remove infrastructure improvements subject to review under § 66-191.
The CPURC shall have the authority to adopt guidelines, after notice to the City Manager and all franchised public utility companies, wireless infrastructure providers, and wireless service providers, for the implementation of the review criteria set forth below.
[Added 10-24-2017 by Ord. No. 17-29]
An applicant (other than the City Manager) who wishes to place infrastructure improvements in the public rights-of-way shall first obtain a franchise, lease, license, or other permission from the City Council. In the event of any conflict between this division and any franchise, lease, license, or other permission granted by the City to any public utility company or other governmental entity, the provisions of this chapter shall control to the maximum extent allowed by law.
The City may charge a reasonable fee, not to exceed $250, established by City Council, for review of CPURC applications.
The CPURC shall have the authority to require any applicant to provide drawings, specifications, and other reasonable information regarding such proposed infrastructure improvements.
The committee shall meet and render a decision within 60 calendar days following receipt of a complete application or proposal. The sixty-day period may be extended by CPURC in writing for a period not to exceed an additional 30 days. But the deadline for a decision on an application for a wireless support structure shall be 150 days.
A CPURC decision denying an application shall be in writing, accompanied by an explanation for the disapproval.
The provisions of this Subsection F shall apply to an application by a wireless services provider or wireless infrastructure provider to co-locate small cell facilities on existing structures in the public rights-of-way. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, CPURC shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. The application shall be deemed approved if CPURC fails to act within the initial 60 days or an extended thirty-day period.
Any applicant may appeal the decision to the City Council, provided such appeal is filed with the Clerk of Council in writing within 30 days from the date of notification of the committee's decision. The City Council shall consult with the committee in relation to any appeal and may require documentation of the committee's decision prior to hearing the appeal. The City Council shall conduct a hearing and render a decision on any appeal within 30 days from the date of filing. The City Council may affirm, reverse, or modify the committee's decision and shall promptly notify the appellant in writing of its decision.
[Code 1991, § 16-13; amended 10-24-2017 by Ord. No. 17-29]
In considering proposals for infrastructure improvements within the Old and Historic Fredericksburg District, the City and public utility review committee shall consider the following factors:
The relative cost and difficulty of modifying proposed improvements to make them compatible with the architectural review standards set forth in Chapter 72;
The preservation of trees and other landscaping that provide visual uniformity to the streetscape;
Street lighting fixtures and equipment that complement the character of the historic district;
Street furniture (e.g., trash barrels and benches) that is appropriate to its setting and consistent in design;
Infrastructure that is unobtrusive and does not compromise the historic appearance of the neighborhood. Parking that enhances the streetscape. For example, on-street parking should be encouraged where suitable. Off-street parking should utilize low fencing or landscaping that conforms to the existing street edge or setback in order to avoid unnecessary breaks in the streetscape; and
Materials that are of high quality design and construction.
Any applicant may voluntarily submit conditions that address the potential visual or aesthetic effects resulting from the placement of small cell facilities.