[R.O. 2013 § 630.010; R.O. 2012 § 635.010; Ord. No. 944 § 2, 9-20-2007]
A. Definitions. The words and phrases used in 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 Village Code.
B. Franchise Fee. Pursuant to Section 67.2689, RSMo., and as partial
compensation for use of the Village's public rights-of-way, each video
service provider or other person providing cable services or video
services within the Village shall, to the extent permitted by law,
pay to the Village a fee of five percent (5%) of the gross revenues
from such video services provider in the geographic area of the Village.
Such payment shall be made as required by Section 67.2689, RSMo. The
Village 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 Village 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 Village shall adopt and comply with the minimum
customer service requirements set forth in Section 67.2692, RSMo.
Notice or receipt of this Chapter by the video service provider shall
be deemed notice of the Village 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 67.1848, RSMo., relating to use of the Village rights-of-way. Each video service provider shall indemnify and hold harmless the Village 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 Village 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
625.020 of this Chapter, and such other applicable laws of the Village, 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 Village 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 Village shall bear no cost
relating to the transmission, availability or maintenance of such
channels unless expressly authorized by the Village, 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. Reservation Of Rights. The Village 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 Village after notice to the Village that
such provider is authorized to provide service within the Village;
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.
[R.O. 2013 § 630.020; R.O. 2012 § 635.020; Ord. No. 944 § 3, 9-20-2007]
A. The following supplementary regulations are adopted as part of the
general ordinances of the Village; provided, that nothing herein shall
be deemed to apply in circumstances where such requirements are preempted
or would be inconsistent with applicable law:
1.
Accessory Utility Facilities — Supplementary Regulations.
Every public utility, cable company, video service provider and other
users of the Village 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 pedestal 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. Except
where limited by other provisions of Village ordinance, accessory
utility facilities shall be subject to the following supplementary
regulations:
a.
Approval — Design — Location — Application.
The design, location, and nature of all accessory utility facilities
on private or public property shall require approval of the Village,
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 Village 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 Village to protect the rights-of-way or to ensure
public safety. An inspection fee shall be required as may be established
by the Village to reimburse the Village for the costs of review and
inspection of accessory utility facilities as may be permitted by
applicable law.
b.
General Regulations. The following general regulations apply
to all accessory utility facilities:
(1) All such facilities shall be placed underground, except as otherwise provided in Subsection
(A)(1)(c) and
(d) herein or as approved by special use permit.
(2) All such facilities shall be constructed and maintained
in such a manner so as not to emit any unnecessary or intrusive noise.
(3) 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.
(4) 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
an upright position, and without use of guy wires crossing rights-of-way
or pedestrian routes except where approved by the Village as necessary
due to the lack of feasible alternatives.
(5) 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.
(6) 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.
(7) 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.
(8) No facilities may be located so as to interfere,
or be likely to interfere, with any public facilities or use of public
property.
(9) All utility facilities not authorized by this Subsection
or specifically addressed elsewhere in this Code shall be authorized
only as a special use permit.
c.
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 Village. 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 Village upon a determination that all other alternatives are not
feasible.
d.
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 above
ground with the prior approval of the Village. 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 Village upon a determination that all other alternatives are not
feasible.
e.
Landscape Screening. A sight-proof landscape screen shall be
provided for all authorized above-ground 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
shall be submitted by the utility and approved by the Village 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 Village 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.
(2) More than two (2) residential dwelling units.
f.
Compliance With Other Laws. All accessory utility facilities
shall be subject to all other applicable regulations and standards
as established as part of the Village 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.