[Adopted 10-24-2017 by Ord. No. 17-30]
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Editor's Note: Former Art. IV, Use of Other Public Property, derived from §§ 13-41 — 13-43 of the Code of 1991, as amended, was repealed 1-28-2014 by Ord. No. 14-04.
As used in this article, the following terms shall have meanings indicated by this section:
CO-LOCATE
To install, mount, maintain, modify, operate, or replace a facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. Co-location has a corresponding meaning.
DIRECTOR
The Director of Public Works, or his designee.
EXISTING STRUCTURE
Any structure that is legally installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality 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.
FACILITIES
Refers to all items installed or proposed to be installed under this article, specifically including utility facilities, undergrounded utilities, utility poles, wireless facilities, micro-wireless facilities, small cell facilities, and wireless support structures.
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 RIGHTS-OF-WAY
Improved and unimproved streets, alleys, sidewalks, trails, and other property owned by the City and used for the purpose of public vehicular or pedestrian travel.
SMALL CELL FACILITY
A. 
A wireless facility that meets both of the following qualifications:
(1) 
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
(2) 
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.
B. 
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.
SPECIAL EXCAVATION PERMIT
A permit issued by the Director granting permission for excavation work within the public rights-of-way or other public property.
UNDERGROUNDED UTILITY
Any item of public or private property which is placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, telecommunications, electric energy, cable television, oil, petroleum products, gas, or other substances, such as pipes, sewers, storm sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those portions of poles below ground.
UTILITY FACILITY
Plant, equipment, and property, such as pipes, mains, conduits, ducts, cables, circuits, wires, guy wires, pedestals, cross-connect cabinets, power supplies, transformers, meters, and lines, located within the public rights-of-way.
UTILITY PERMIT
A permit issued by the Director for the purpose of installing facilities.
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. This definition specifically excludes poles used as wireless support structures.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
A. 
Equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul; and
B. 
Radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
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 service.
A. 
This article applies to all facilities installed or proposed to be installed in the public rights-of-way.
B. 
All facilities installed before October 24, 2017, in the public rights-of-way shall be deemed to have been installed under a permit granted in accordance with ordinances that existed at the time of the installation. Those facilities shall be subject to those ordinances, except that the current § 66-147, Undergrounded utilities, applies.
C. 
This article does not render inapplicable other sections of the City Code, such as the Unified Development Ordinance and Chapter 66, Article V, Historic Areas and Resources.
A. 
No person shall install any facility in the public rights-of-way without a franchise from the City Council, and a utility permit for the installations from the Director. No person shall install any facility on other public property without a franchise, easement, or lease, or license from the City Council, and a utility permit for the installations from the Director. Permit applications shall be submitted in the format and containing the information required by the Director.
B. 
No permit for installation of new facilities shall be granted if the Director determines that co-location of the wireless facilities is a feasible alternative to the proposed new installation.
C. 
The Director shall refer all applications to the City's Chief Information Officer. The Chief Information Officer shall:
(1) 
Negotiate a voluntary occupancy or construction agreement with the applicant;
(2) 
Determine that such an agreement cannot reasonably be reached; or
(3) 
Determine that such an agreement would not be in the interest of the City.
D. 
The Director shall refer any application involving a City park to the Director of Parks and Recreation for review and approval before approving the permit. These reviews shall be concurrent.
E. 
The Director shall refer any application involving the Historic Fredericksburg District to CPURC for review and approval before approving the permit. These reviews shall be concurrent.
F. 
Applications for co-locations shall be submitted separately from applications for installation of other facilities. The City shall review co-location applications under Code of Virginia, § 56-484.29. The applicant shall submit a fee of $250 with its co-location application.
G. 
No application shall be required for installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes; however, a utility permit shall be required if those activities:
(1) 
Involve working within a right-of-way travel lane or require closure of a right-of-way travel lane;
(2) 
Disturb the pavement, shoulder, roadway, or ditch line; or
(3) 
Include placement on limited access rights-of-way.
No person shall open any ditch, trench, or other opening in the public rights-of-way or other public place without a special excavation permit. If required for public safety, the Director may grant immediate permission for an excavation, provided that a permit is obtained on the next business day. The Director may require, as a condition precedent to issuance of a special excavation permit, that the applicant make a cash deposit or post bond with corporate surety payable to the City in an amount reasonably necessary to reimburse the City for expenses which may be incurred by the City if the permittee fails to restore the excavation to a condition satisfactory to the Director. Permit applications shall be submitted in the format and containing the information required by the Director.
Fees for franchises and permits under this article shall be established by the City Council, by resolution.
Installations and replacements of all facilities, other than poles intended to support streetlights, poles intended to support traffic signals, replacement of existing poles, and wireless support infrastructure, shall be underground, unless this requirement is specifically waived by the Director.
Facility placement shall be as designated by the Director. The Director shall adopt standards for facilities and standards for cutting, excavating, backfilling, compacting, and patching for all work done in the public rights-of-way. All work performed under permits issued under this article shall be in compliance with those standards. The Director shall adopt standards for the condition and maintenance of facilities. All facilities located in the public rights-of-way or on other public property shall be in compliance with those standards.
A. 
The Director may prohibit the installation of a facility if the facility, its proposed location, or the manner of installation fails to conform to the requirements of this article or any other City ordinance, or to any condition attached to the permit for its installation.
B. 
All facilities installed in the public rights-of-way shall conform to the height requirements of the Design Guidelines for the Installation of Facilities in the City of Fredericksburg Rights-of-Way. No part of any facility installed in the public rights-of-way shall be more than 55 feet in height over street level, or taller than specified in the Design Guidelines, without advance written approval from the Director. The Director shall grant this approval only upon finding that denying that approval would cause an undue hardship upon the applicant.
A. 
The Director may immediately suspend or revoke permits issued under this article due to any violation of this article or any other ordinance relating to use of the public rights-of-way, any failure to observe the conditions attached to a permit, or any refusal to make alterations or repairs as may be required to conform to this article. No person shall perform any work or cause any work to be performed under a suspended or revoked permit.
B. 
When a permit has been revoked, the owner or proprietor of the facilities authorized by the permit shall, within 30 days, remove those facilities from the public rights-of-way. If the owner or proprietor fails to do so, the Director may remove the facilities at the risk and expense of the owner or proprietor.
All permitted work shall be prosecuted with diligence, and the permittee shall avoid unnecessary delays. Excavation shall not be left uncovered overnight without advance written approval from the Director.
Any person installing undergrounded utilities shall participate in the VA811 underground utility protection program, and respond to and stake or locate underground utilities as prescribed by the program. The City shall be held harmless for any damage to facilities damaged by City excavations if due to untimely or incorrect locations being staked or identified; provided that the City acted in accordance with the VA811 program.
A. 
All openings, excavations, and obstructions in the public rights-of-way and on other public property shall be properly barricaded and illuminated with barriers and flashing beacons as required by the Virginia Department of Transportation Work Area Protection Manual.
B. 
All openings, excavations, and tunnels in the public rights-of-way and on other public property shall be properly shored and braced in accordance with all Occupational Safety and Health Administration (OSHA) and the Virginia Occupational Safety and Health Administration (VOSHA) standards.
The applicant shall provide as-built maps of all of its facilities upon request of the Director. If this information is available in a format compatible with the City's GIS, the information shall be submitted in that format.
Every facility that no longer serves its originally intended purpose shall be removed from the public rights-of-way within 60 days of abandonment or other reasonable period authorized by the Director, unless a permit for its use is granted to some other person or corporation.
Any person obtaining a special excavation permit under this article shall restore the excavation as required by the Director, in accordance with City standards. If the excavation is not properly restored, the City may perform the restoration and charge the actual cost of that work to the permittee. The work area shall also be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from the work. All clean-up operations shall be at the permittee's expense and shall be completed to the satisfaction of the Director.
If facilities are installed in a street that has not been accepted by the City, this article shall apply to those facilities if and when the street is accepted by the City.