[Ord. No. 1942, 12-5-2018]
A. Purpose.
The purpose of this Chapter is to regulate the collocation of small
wireless facilities and the installation, modification or replacement
of utility poles in order to protect the health, safety and welfare
of the public, while at the same time not unreasonably interfering
with the development of the competitive wireless telecommunications
marketplace in the City of Dardenne Prairie.
B. Applicability;
Preemption. Notwithstanding any ordinance to the contrary, the procedures
and regulations set forth in this Chapter shall be applicable to all
small wireless facilities and utility poles existing or installed,
modified, replaced or collocated after the effective date of this
Chapter to the fullest extent permitted by law. No provision of this
Chapter shall apply to any circumstance in which such application
shall be unlawful under superseding Federal or State law and, furthermore,
if any portion of this Chapter is now or in the future superseded
or preempted by Federal or State law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically
interpreted and applied as required by law.
[Ord. No. 1942, 12-5-2018]
As used in this Chapter, the following terms shall have the
meanings and usages indicated herein:
ANTENNA
Any antenna apparatus and associated communications equipment
that transmits or receives electromagnetic radio-frequency signals
used in the provision of wireless services.
ANTENNA APPARATUS
An apparatus designed for the purpose of emitting radio-frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of personal wireless service and any commingled information
services.
APPLICABLE CODES
Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes, including Chapters
500,
505, and
530 of the Municipal Code, as amended, enacted to prevent physical property damage or reasonably foreseeable injury to persons to the extent not inconsistent with Sections 67.5110 to 67.5121, RSMo.
APPLICANT
Any person who submits an application and is a wireless provider.
APPLICATION
A request submitted by an applicant to an City for a permit
to collocate small wireless facilities on a utility pole or wireless
support structure, or to approve the installation, modification, or
replacement of a utility pole.
CITY POLE
A utility pole owned, managed or operated by or on behalf
of the City, but such term shall not include municipal electric utility
distribution poles or facilities.
COLLOCATE or COLLOCATION
To install, mount, maintain, modify, operate, or replace
small wireless facilities on or immediately adjacent to a wireless
support structure or utility pole, provided that the small wireless
facility antenna is located on the wireless support structure or utility
pole.
COMMUNICATIONS EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna apparatus, located at the same
fixed location as the antenna apparatus, and, when collocated on a
utility pole or wireless support structure, is mounted or installed
at the same time as such antenna apparatus.
DECORATIVE POLE
A City pole that is specially designed and placed for aesthetic
purposes.
FEE
A one-time, non-recurring charge.
HISTORIC DISTRICT
A 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 City by the Federal agency to list properties
and determine their eligibility for the National Register, in accordance
with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement
codified at 47 C.F.R. Part 1, Appendix C, or are otherwise located
in a district made subject to special design standards adopted by
a local ordinance or under State law as of January 1, 2018, or subsequently
enacted for new developments.
MICRO WIRELESS FACILITY
A small wireless facility that meets the following qualifications:
1.
Is not larger in dimension than twenty-four (24) inches in length,
fifteen (15) inches in width and twelve (12) inches in height; and
2.
Any exterior antenna no longer than eleven (11) inches.
PERMIT
A written authorization required by the City to perform an
action or initiate, continue, or complete a project, and which is
issued or approved by a City employee, officer, or body that is authorized
to issue or approve such written authorizations.
RIGHT-OF-WAY
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, or similar property used for public travel, but not
including a Federal Interstate Highway, railroad right-of-way, or
private easement.
REPLACEMENT
This term includes:
1.
The placement of a new or different small wireless facility at the location previously occupied by a preexisting small wireless facility, where such new or different small wireless facility is of equal or lesser proportions and of equal or lesser height than the preexisting small wireless facility such new or different small wireless facility is replacing, or such other height that would not constitute a substantial modification, as defined in Section
405.080, to an existing wireless support structure or base station, as those terms are defined in Section
405.080. This term includes the associated removal of the preexisting small wireless facility or utility pole associated with a small wireless facility.
2.
The placement of a new or different utility pole associated
with a small wireless facility at the location previously occupied
by a preexisting utility pole, where such new or different utility
pole is owned and operated by the same person(s) that owned and operated
the preexisting utility pole, and where such new or different utility
pole is of equal or lesser proportions and of equal or lesser height
than the preexisting utility pole such new or different utility pole
is replacing. This term includes the associated removal of the preexisting
utility pole.
SMALL WIRELESS FACILITY
A wireless facility that meets each of the following qualifications:
1.
Each wireless provider's antenna could fit within an enclosure
of no more than six (6) cubic feet in volume and each antenna apparatus,
exclusive of communications equipment, is no more than three (3) cubic
feet in volume;
2.
All other equipment, excluding the antenna apparatus, associated
with the wireless facility, whether ground or pole mounted, is cumulatively
no more than twenty-eight (28) cubic feet in volume, provided that
no single piece of equipment on the utility pole shall exceed nine
(9) cubic feet in volume; and no single piece of ground mounted equipment
shall exceed fifteen (15) cubic feet in volume, exclusive of equipment
required by an electric utility or municipal electric utility to power
the small wireless facility;
3.
The facility does not require antenna structure registration under 47 CFR Chapter
I; and
4.
The facility does not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
Rule 1. 1307(b).
The following types of associated ancillary equipment shall
not be included in the calculation of equipment volume: electric meter,
concealment elements, telecommunications demarcation box, and grounding
equipment.
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TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless facility or its design or site location
can be implemented without a reduction in the functionality of the
small wireless facility.
UTILITY POLE
A pole or similar structure that is or may be used in whole
or in part by or for wireline communications, electric distribution,
lighting, traffic control, signage, or a similar function, or for
the collocation of small wireless facilities; provided, however, such
term shall not include wireless support structures, electric transmission
structures, or breakaway poles owned by the State Highways and Transportation
Commission.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including equipment
associated with wireless communications and radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration. The
term includes small wireless facilities. The term does not include:
1.
The structure or improvements on, under, or within which the
equipment is collocated;
2.
Coaxial or fiber-optic cable between wireless support structures
or utility poles;
3.
Coaxial or fiber-optic cable not directly associated with a
particular small wireless facility; or
4.
A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications
service in the State, that builds or installs wireless communication
transmission equipment or wireless facilities but that is not a wireless
services provider.
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
WIRELESS SERVICES
Any services using licensed or unlicensed spectrum, including
the use of wifi, whether at a fixed location or mobile, provided to
the public using wireless facilities.
WIRELESS SUPPORT STRUCTURE
An existing structure, such as a monopole, tower, billboard
or building capable of supporting wireless facilities, other than
a structure designed solely for the collocation of small wireless
facilities. This term includes any disguised support structure. This
term does not encompass utility poles.
WIRELINE BACKHAUL FACILITY
A physical transmission path, all or part of which is within
the right-of-way, used for the transport of communication data by
wire from a wireless facility to a network.
[Ord. No. 1942, 12-5-2018]
A. The
provisions of this Section shall only apply to activities of a wireless
provider within the right-of-way to deploy small wireless facilities
and associated utility poles.
1. The City will not enter into an exclusive arrangement with a wireless
provider or any other person for use or management of the right-of-way
for the collocation of small wireless facilities or the installation,
operation, marketing, modification, maintenance, management, or replacement
of utility poles.
2. No wireless provider shall have the power of eminent domain with
respect to small wireless facilities.
3. Nothing in this Chapter will limit the ability of the City to require
an applicant to obtain one or more permits of general applicability
in addition to the permit required by this Chapter in order to collocate
a small wireless facility or install a new, modified, or replacement
utility pole associated with a small wireless facility.
4. The City may require a permit under this Chapter, with reasonable
conditions, for work in a right-of-way that will involve excavation,
affect traffic patterns, obstruct traffic in the right-of-way, or
materially impede the use of a sidewalk.
5. The City Engineer may specify and require a small wireless facility
to comply with reasonable, objective, and cost-effective concealment
or safety requirements.
6. The City Engineer may require reasonable, technically feasible, non-discriminatory,
and technologically neutral design or concealment measures for small
wireless facilities or utility poles placed in a historic district.
7. Wireless providers, upon adequate notice provided by the City, and
at the facility owner's own expense, shall relocate facilities as
may be needed in the interest of public safety and convenience.
8. Nothing in this Chapter shall be interpreted to impose any new requirements
on cable providers for the provision of such service.
9. Nothing in this Chapter shall nullify, modify, amend, or prohibit
a mutual agreement between the City and a wireless provider made prior
to August 28, 2018.
B. In
emergency circumstances that result from a natural disaster or accident,
the City may, in its sole discretion, require the owner or operator
of a wireless facility to immediately remove such facility if the
wireless facility is obstructing traffic or causing a hazard on any
City street. In the event that the owner or operator of the wireless
facility is unable to immediately remove the wireless facility, the
City may remove the wireless facility from the street or other position
that renders the wireless facility hazardous. Under these emergency
circumstances, the City shall not be liable for any damage caused
by removing the wireless facility and may charge the owner or operator
of the wireless facility the City's reasonable expenses incurred in
removing the wireless facility.
[Ord. No. 1942, 12-5-2018]
A. Inside
The Right-Of-Way. Any person desiring to construct or install small
wireless facilities within the right-of-way must first apply for and
obtain a permit from the City.
1. The collocation of small wireless facilities and the installation,
maintenance, modification, operation, and replacement of utility poles
along, across, upon, and under the right-of-way is a permitted use
not subject to zoning review or approval.
2. The placement of new or modified utility poles in single-family residential
areas or in areas zoned as historic as of August 28, 2018, remains
subject to any applicable zoning requirements.
B. Outside
The Right-Of-Way.
1. The collocation of small wireless facilities in property not zoned
for single-family residential use is a permitted use and not subject
to zoning review or approval.
2. The collocation of a small wireless facility upon or immediately adjacent to an existing wireless support structure or utility pole shall be a conditional use in property zoned for single-family residential use subject to the procedures set forth in Section
405.481 of this Code.
3. The City will allow collocation of small wireless facilities on City
wireless support structures and City poles to the same extent, if
any, that it allows access to such structures for other commercial
projects or uses. Any such collocations shall be subject to reasonable
and non-discriminatory rates, fees, and terms as provided in an agreement
between the City and the wireless provider, and not otherwise governed
by this Chapter.
C. Small
Wireless Facilities And Utility Poles.
1. Small wireless facilities and utility poles shall be installed and
maintained so as not to obstruct or hinder the usual travel or public
safety on right-of-way or obstruct the legal use of the right-of-way
by the City or other authorized right-of-way users.
2. Each new, replacement, or modified utility pole installed in the
right-of-way shall not exceed the greater of: (i) ten (10) feet in
height above the tallest existing utility pole in place as of January
1, 2109, located within five hundred (500) feet of the new utility
pole in the same right-of-way, or (ii) fifty (50) feet above ground
level.
3. New small wireless facilities in the right-of-way shall not extend
more than ten feet above an existing utility pole in place as of August
28, 2018.
4. Small wireless facilities on a new utility pole shall not extend above the height permitted for a new utility pole in Subsection
(C)(2) above.
5. A new, modified, or replacement utility pole that exceeds these height
limits shall be subject to any applicable zoning requirements that
apply to other utility poles.
6. A wireless provider shall be permitted to replace decorative poles
when necessary to collocate a small wireless facility, but any replacement
pole shall reasonably conform to the design aesthetics of the decorative
pole or poles being replaced.
7. The City may require replacement of a City pole, prior to allowing
collocation thereon, on a non-discriminatory basis, based on reasons
of safety and reliability, including a demonstration that the collocation
would make the City pole structurally unsound.
[Ord. No. 1942, 12-5-2018]
A. Application Content. Applications for small wireless facilities permits shall be filed in the office of the City Engineer. The application shall be accompanied by the fee set forth in Subsection
(B) of this Section, payable to the City to cover the costs of administrative expenses associated with the review of the application. No part of such fee shall be returnable to the applicant. Applications shall be submitted on forms prepared by the City Engineer, and shall contain the following information:
1. An applicant that is not a wireless services provider shall provide
evidence of agreements or plans demonstrating that the small wireless
facilities will be operational for use by a wireless service provider
within one (1) year after the permit issuance date, unless the City
and the applicant agree to extend this period or if delay is caused
by lack of commercial power or communications transport facilities
to the site and the applicant notifies the City thereof. An applicant
that is a wireless service provider shall provide this information
by attestation;
2. Construction and engineering drawings;
3. An attestation that the small wireless facility complies with the
volumetric limitations in the definition of small wireless facility;
4. Applicable indemnity, insurance or performance bond information required
by law or City ordinance;
5. The projected commencement and termination dates or, if such dates
are unknown at the time the permit is issued, a provision requiring
the permit holder to provide the City Engineer with reasonable advance
notice of such dates once they are determined;
6. Plans and detailed cost estimates for any make-ready work as needed.
The applicant shall be solely responsible for the cost of any make
ready work;
7. A description of the small wireless facility for which a permit is
being sought and a description of the modification or collocation
proposed;
8. Proof of liability insurance coverage against any damage or personal
injury caused by the negligence of the applicant or its employees,
agents or contractors. Such insurance coverage must be with companies
licensed to do business in the State of Missouri and rated no less
than "AA" by Best or equivalent and must be maintained in force for
the duration of the period during which the applicant holds the permit
and for the all applicable statute of limitations periods. Certificates
evidencing such insurance shall be furnished to the City prior to
the issuance of the permit and must state, "The City of Dardenne Prairie
is an additional insured," on a primary and non-contributory basis.
The certificate holder shall be listed as "City of Dardenne Prairie,
Attention City Clerk, 2032 Hanley Road, Dardenne Prairie, MO 63368"
and the certificate shall bear an endorsement precluding cancellation
of or change in coverage without at least thirty (30) days written
notice to the City. In the alterative of such insurance coverage,
an applicant must demonstrate that it has in effect a comparable self-insurance
program; and
9. Any other information necessary to show compliance with the requirements
of this Chapter.
B. Application
Fee.
1. The total fee for an application for the collocation of a small wireless
facility on an existing City pole is one hundred dollars ($100.00)
per small wireless facility.
2. An applicant filing a consolidated application shall pay one hundred
dollars ($100.00) per small wireless facility included in the consolidated
application.
3. The total fee for an application for the installation, modification,
or replacement of a utility pole and the collocation of an associated
small wireless facility is five hundred dollars ($500.00) per utility
pole.
4. The rate for collocation of a small wireless facility to a City pole
is one hundred fifty dollars ($150.00) per City pole per year.
5. The total fee for a right-of-way permit associated with the installation of small cell wireless facilities in the right-of-way shall be the determined under Section
530.020.
C. Consolidated
Applications.
1. Any applicant seeking to collocate small wireless facilities within
the City may file a consolidated application and receive a single
permit for the collocation of multiple small wireless facilities.
2. A consolidated application may include up to twenty (20) separate
small wireless facilities, provided that they are for the same or
materially same design of small wireless facility being collocated
on the same or materially the same type of utility pole or wireless
support structure and geographically proximate.
3. The City may approve the application as to certain individual small
wireless facilities while denying it as to others.
D. Application
Procedures— Collocation Of A Small Wireless Facility.
1. Within forty-five (45) calendar days of receiving an application
for a small wireless facilities permit, or within such additional
time as may be agreed to by the applicant and the City, the City Engineer
shall review the application for completion and for its conformity
with all the applicable standards set forth in this Chapter.
a. For purposes of this Section, an application is deemed to be complete
unless the City Engineer notifies the applicant, in writing, within
fifteen (15) calendar days of submission of the application, of the
specific deficiencies of the application which, if cured, would make
the application complete. This notice must specify the Code provision,
ordinance, application instruction, or other publically-stated procedure
that requires the information to be submitted. All deadlines for action
in this Section shall be tolled from the time the City Engineer sends
such notice to the applicant to the time the applicant provides the
missing information.
b. After the applicant makes a supplemental submission in response to
this notice, the City Engineer must notify the applicant within ten (10)
calendar days if the supplemental submission did not provide the information
identified in the original notice delineating missing information.
Missing documents or information not delineated in the original notice
of incompleteness may not be delineated in this subsequent notice.
All deadlines for action in this Section shall be tolled from the
time the City Engineer sends such notice to the applicant to the time
the applicant provides the missing information.
c. An application for a small wireless facility permit shall be deemed
approved if the City Engineer does not act upon the application within
forty-five (45) calendar days of receiving the application, or within
such additional time as may be mutually agreed to by the applicant
and the City.
d. Applications for building permits, electrical permits, road closure
permits and/or architectural or engineering permits shall be considered
and decisions rendered in accordance with the time frames set forth
in this Section.
e. If the City receives individual applications for approval of more
than fifty (50) small wireless facilities or consolidated applications
for approval of more than seventy-five (75) small wireless facilities
within a fourteen (14) day period, whether from a single applicant
or multiple applicants, the City may, upon its own request to each
and any affected applicant, obtain an automatic thirty (30) day extension
for any additional collocation or replacement or installation application
submitted during that fourteen (14) day period or in the fourteen
(14) day period immediately following the prior fourteen (14) day
period.
f. The City shall document the complete basis for a denial, in writing,
and send the documentation to the applicant on or before the day the
City denies an application. The applicant may cure the deficiencies
identified by the City and resubmit the application within thirty
(30) days of the denial without paying an additional application fee.
The City shall approve or deny the revised application within thirty
(30) days and any subsequent review shall be limited to the deficiencies
cited in the denial.
2. A party aggrieved by the final action of the City Engineer, either
by the City Engineer affirmatively denying an application under the
provisions of this Section or by the City Engineer's inaction, may
bring an action for review in any court of competent jurisdiction
within the State of Missouri.
E. Application
Procedures Installation Of A New, Modified, Or Replacement Utility
Pole.
1. Within sixty (60) calendar days of receiving an application for a
permit for a new, modified, or replacement utility pole, or within
such additional time as may be agreed to by the applicant and the
City, the City Engineer shall review the application for completion
and for its conformity with all the applicable standards set forth
in this Chapter.
a. For purposes of this Section, an application is deemed to be complete
unless the City Engineer notifies the applicant, in writing, within
fifteen (15) calendar days of submission of the application, of the
specific deficiencies of the application which, if cured, would make
the application complete. This notice must specify the Code provision,
ordinance, application instruction, or other publically-stated procedure
that requires the information to be submitted. All deadlines for action
in this Section shall be tolled from the time the City Engineer sends
such notice to the applicant to the time the applicant provides the
missing information.
b. After the applicant makes a supplemental submission in response to
this notice, the City Engineer must notify the applicant within ten (10)
calendar days if the supplemental submission did not provide the information
identified in the original notice delineating missing information.
Missing documents or information not delineated in the original notice
of incompleteness may not be delineated in this subsequent notice.
All deadlines for action in this Section shall be tolled from the
time the City Engineer sends such notice to the applicant to the time
the applicant provides the missing information.
c. An application for a small wireless facility permit shall be deemed
approved if the City Engineer does not act upon the application within
sixty (60) calendar days of receiving the application, or within such
additional time as may be mutually agreed to by the applicant and
the City.
d. Applications for building permits, electrical permits, road closure
permits and/or architectural or engineering permits shall be considered
and decisions rendered in accordance with the time frames set forth
in this Section.
e. The City shall document the complete basis for a denial, in writing,
and send the documentation to the applicant on or before the day the
City denies an application. The applicant may cure the deficiencies
identified by the City and resubmit the application within thirty
(30) days of the denial without paying an additional application fee.
The City shall approve or deny the revised application within thirty
(30) days and any subsequent review shall be limited to the deficiencies
cited in the denial.
2. A party aggrieved by the final action of the City Engineer, either
by the City Engineer affirmatively denying an application under the
provisions of this section or by the City Engineer's inaction, may
bring an action for review in any court of competent jurisdiction
within the State of Missouri.
F. The
City may deny: (i) a proposed collocation of a small wireless facility,
or (ii) the installation, modification, or replacement of a utility
pole, only if the action proposed in the application could reasonably
be expected to:
1. Materially interfere with the safe operation of traffic control equipment
or City-owned communications equipment;
2. Materially interfere with sight lines or clear zones for transportation,
pedestrians, or non-motorized vehicles;
3. Materially interfere with compliance with the Americans with Disabilities
Act, 42 U.S.C. Sections 12101 to 12213, or similar Federal or State
standards regarding pedestrian access or movement;
4. Materially obstruct or hinder the usual travel or public safety on
the right-of-way;
5. Materially obstruct the legal use of the right-of-way by an City,
utility, or other third party;
6. Fail to comply with reasonable and non-discriminatory spacing requirements
of general application adopted by ordinance or regulations promulgated
by the State Highways and Transportation Commission that concern the
location of ground-mounted equipment and new utility poles. Such spacing
requirements shall not prevent a wireless provider from serving any
location and shall include a waiver, zoning. or other process that
addresses wireless provider requests for exception or variance and
does not prohibit granting of such exceptions or variances;
7. Fail to comply with applicable codes, including nationally recognized
engineering standards for utility poles or wireless support structures;
or
8. Fail to comply with the reasonably objective and documented aesthetics
of a decorative pole and the applicant does not agree to pay to match
the applicable decorative elements.
G. Indemnification.
A wireless provider issued any permit under this Chapter shall indemnify
and hold the City, its officers and employees harmless against any
damage or personal injury caused by the negligence of the wireless
provider or its employees, agents or contractors.
H. Performance
Bond.
1. A wireless provider issued any permit for collocation under this
Chapter must first post a performance bond of one thousand five hundred
dollars ($1,500.00) per small wireless facility, except that for wireless
providers with multiple small wireless facilities within the jurisdiction
of the City, the total bond amount across all facilities shall not
exceed seventy-five thousand dollars ($75,000.00), which amount may
be combined into one (1) bond instrument. The purpose of such bonds
shall be to:
a. Provide for the removal of abandoned or improperly maintained small
wireless facilities, including those that the City determines need
to be removed to protect public health, safety or welfare;
b. Restore the right-of-way in connection with any such removal; and
c. Recoup rates or fees that have not been paid by a wireless provider
in over twelve (12) months, so long as the wireless provider has received
reasonable notice from the City of any non-compliance listed above
and been given an opportunity to cure.
2. Recovery by the City of any amounts under the performance bond or
otherwise does not limit the wireless provider's duty to indemnify
the City in any way, nor shall such recovery relieve the wireless
provider of its obligations under a permit issued under this Chapter
or reduce the amounts owed to the City other than by the amount recovered
by the City under the performance bond, or in any respect prevent
the City from exercising any other right or remedy it may have.
[Ord. No. 1942, 12-5-2018]
A. No
application shall be required for the following:
1. Routine maintenance on a previously permitted small wireless facility;
2. The replacement of a small wireless facility with a small wireless
facility that is the same or smaller in size, weight and height; or
3. The installation, placement, maintenance, operation or replacement
of a micro wireless facility that is strung on cables between utility
poles, in compliance with applicable codes.
B. Notwithstanding Subsection
(A) of this Section, the City may require a description of any new equipment installed so that the City may maintain an accurate inventory of the small wireless facilities at a particular location.
[Ord. No. 1942, 12-5-2018]
A. The
construction, operation, maintenance, and repair of small wireless
facilities shall be in accordance with applicable codes.
B. All
small wireless facilities shall be installed and located with due
regard for minimizing interference with the public and with other
users of a right-of-way, including the City.
C. An
applicant shall not place small wireless facilities where they will
damage or interfere with the use or operation of previously installed
facilities, or obstruct or hinder the various utilities serving the
residents and businesses in the City of their use of any rights-of-way.
D. Any
and all rights-of-way disturbed or damaged during the small wireless
facilities work shall be promptly repaired or replaced by the applicant
to its previous condition.
E. Any
wireless infrastructure provider, contractor or subcontractor must
be properly licensed under laws of the State and all applicable local
ordinances.
F. Each
wireless infrastructure provider, contractor or subcontractor shall
have the same obligations with respect to its work as wireless services
provider would have hereunder and applicable laws if the work were
performed by the wireless services provider. The wireless services
provider shall be responsible for ensuring that the work of wireless
infrastructure providers, contractors or subcontractors is performed
consistent with their permits and applicable law, shall be fully responsible
for all acts or omissions of any wireless infrastructure provider,
contractor or subcontractor, and shall be responsible for promptly
correcting any acts or omissions by a wireless infrastructure provider,
contractor or subcontractor.
G. Whenever,
by reason of changes in the grade or widening of a street or in the
location or manner of constructing a water pipe, drainage channel,
sewer, or other City-owned underground or above ground structure it
is deemed necessary by the City to move, alter, change, adapt, or
conform the underground or above ground facilities of a wireless provider,
the wireless provider shall make the alterations or changes, on alternative right-of-way
provided by the City, if available, as soon as practicable after being
so ordered, in writing, by the City without claim for reimbursement
or damages against the City.
[Ord. No. 1942, 12-5-2018]
A. A Request For A Variance. When an applicant requests some variation from the requirements of this Chapter, and where strict application of this Chapter would involve undue hardship, the applicant may request a variance pursuant to this Section. Except as otherwise provided in this Section 540.090, the variance procedures set forth in Section
405.940 shall apply to variances under this Section 540.090.
B. Procedure.
1. The Board of Adjustment shall review the application in light of
its conformity with this Section. The Board of Adjustment shall determine
whether or not the standards described in this Section have been met
by the applicant. The burden of proof shall be on the applicant to
prove that such standards have been met by the applicant.
a. For purposes of this Subsection, an application is deemed to be complete
unless the City Clerk notifies the applicant, in writing, within fifteen (15)
calendar days of submission of the application, of the specific deficiencies
of the application which, if cured, would make the application complete.
This notice must specify the Code provision, ordinance, application
instruction, or other publicly-stated procedure that requires the
information to be submitted. All deadlines for action in this Section
shall be tolled from the time the City Clerk sends such notice to
the applicant to the time the applicant provides the missing information.
b. After the applicant makes a supplemental submission in response to
this notice, the City Clerk must notify the applicant within ten (10)
calendar days if the supplemental submission did not provide the information
identified in the original notice delineating missing information.
Missing documents or information not delineated in the original notice
of incompleteness may not be delineated in this subsequent notice.
All deadlines for action in this Section shall be tolled from the
time the City Clerk sends such notice to the applicant to the time
the applicant provides the missing information.
c. An application for a variance with respect to the collocation of
a small wireless facility shall be deemed approved if the Board of
Adjustment does not act upon the application within forty-five (45)
calendar days of receiving the application, or within such additional
time as may be mutually agreed to by the applicant and the City.
d. An application for a variance with respect to the installation of
a new, modified or replacement utility pole associated with a small
wireless facility shall be deemed approved if the Board of Adjustment
does not act upon the application within sixty (60) calendar days
of receiving the application, or within such additional time as may
be mutually agreed to by the applicant and the City.