[Ord. No. 4671-19, 4-3-2019]
A.
Title And Intent.[1] This Section shall be known and may be cited as the "Small Wireless Facility Deployment Code," and it is intended to encourage and streamline the deployment of small wireless facilities in the City and to help ensure that robust and dependable wireless radio-based communication services and networks are available throughout the City, consistent with State and Federal law including Sections 67.5110 to 67.5121, RSMo., (while in effect) and Sections 67.1830 to 67.1846, RSMo. The provisions of other Sections of Chapter 520 (which regulates use of public rights-of-way) and Article V of Chapter 410 shall apply to small wireless deployments except to the extent inconsistent with this Section 525.010.
[1]
Editor's Note: See 67.5110, RSMo.
B.
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
AUTHORITY or CITY
AUTHORITY POLE
AUTHORITY WIRELESS SUPPORT STRUCTURE
COLLOCATE or COLLOCATION
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
FEE
HISTORIC DISTRICT
MICRO WIRELESS FACILITY
PERMIT
PERSON
RATE
RIGHT-OF-WAY
SMALL WIRELESS FACILITY
1.
2.
TECHNICALLY FEASIBLE
UTILITY POLE
WIRELESS FACILITY
1.
2.
3.
4.
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
WIRELINE BACKHAUL FACILITY
Definitions.[2] As used in this Section, the following terms shall mean:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or the City's
amendments to such codes 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., (while in effect).
Any person who submits an application and is a wireless provider.
A request submitted by an applicant to the 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.
The City of Hazelwood.
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.
A wireless support structure owned, managed, or operated
by or on behalf of the City.
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.
The set of equipment and network components, including wires,
cables, and associated facilities used by a cable operator, as defined
in 47 U.S.C. Section 522(5); a telecommunications carrier, as defined
in 47 U.S.C. Section 153(51); a provider of information service, as
defined in 47 U.S.C. Section 153(24); or a wireless services provider;
to provide communications services, including cable service, as defined
in 47 U.S.C. Section 522(6); telecommunications service, as defined
in 47 U.S.C. Section 153(53); an information service, as defined in
47 U.S.C. Section 153(24); wireless communications service; or other
one-way or two-way communications service.
A cable operator, as defined in 47 U.S.C. Section 522(5);
a provider of information service, as defined in 47 U.S.C. Section
153(24); a telecommunications carrier, as defined in 47 U.S.C. Section
153(51); or a wireless provider.
A City pole that is specially designed and placed for aesthetic
purposes.
A one-time, non-recurring charge.
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 authority 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 City ordinance or under State law as of January 1, 2018, or subsequently
enacted for new developments.
A small wireless facility that meets the following qualifications:
A written authorization required by the City to perform an
action or initiate, continue, or complete a project.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including any
government authority.
A recurring charge.
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.
A wireless facility that meets both of the following qualifications:
Each wireless provider's antenna could fit within an enclosure
of no more than six (6) cubic feet in volume; and
All other equipment 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. The following types of associated ancillary equipment shall
not be included in the calculation of equipment volume: electric meter,
concealment elements, telecommunications demarcation box, grounding
equipment, power transfer switch, cut-off switch, and vertical cable
runs and related conduit for the connection of power and other services.
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.
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.
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:
The structure or improvements on, under, or within which the
equipment is collocated;
Coaxial or fiber-optic cable between wireless support structures
or utility poles;
Coaxial or fiber-optic cable not directly associated with a
particular small wireless facility; or
A wireline backhaul facility.
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.
A wireless infrastructure provider or a wireless services
provider.
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.
A person who provides wireless services.
An existing structure, such as a monopole or tower, whether
guyed or self-supporting, designed to support or capable of supporting
wireless facilities; an existing or proposed billboard; an existing
or proposed building; or other existing or proposed structure capable
of supporting wireless facilities, other than a structure designed
solely for the collocation of small wireless facilities. Such term
shall not include a utility pole.
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.
[2]
Editor's Note: See 67.5111, RSMo.
C.
Deployment Of Small Wireless Facilities And Associated Poles In Right-Of-Way.[3]
1.
The provisions of this Subsection shall only apply to activities
of a wireless provider within the right-of-way to deploy small wireless
facilities and associated utility poles.
2.
Subject to the provisions of this Subsection and Sections 67.5110 to 67.5121, RSMo., (while in effect), a wireless provider may, as a permitted use not subject to zoning review or approval, collocate small wireless facilities and install, maintain, modify, operate, and replace utility poles along, across, upon, and under the right-of-way, except that the placement in the right-of-way of new or modified utility poles in single-family residential zoning districts or areas zoned as historic as of August 28, 2018, shall remain subject to any applicable zoning requirements that are consistent with Sections 67.5090 to 67.5103, RSMo., including but not limited to requirements for underground utilities as set forth in Chapter 520 and Article V of Chapter 410. Small wireless facilities collocated outside the right-of-way in property not zoned primarily for single-family residential use shall be classified as permitted uses and not subject to zoning review or approval. Such small wireless facilities and utility poles shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on such right-of-way or obstruct the legal use of such right-of-way by the City, other governmental authorities or other authorized right-of-way users.
3.
A wireless provider must obtain a permit pursuant to this Chapter,
with such reasonable conditions as may be imposed by the City, 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.
4.
Each new, replacement, or modified utility pole installed in
the right-of-way shall not exceed the greater of ten (10) feet in
height above the tallest existing utility pole in place as of January
1, 2019, located within five hundred feet (500) of the new pole in
the same right-of-way, or fifty (50) feet above ground level. New
small wireless facilities in the right-of-way shall not extend more
than ten (10) feet above an existing utility pole in place as of August
28, 2018, or for small wireless facilities on a new utility pole,
above the height permitted for a new utility pole. A new, modified,
or replacement utility pole that exceeds these height limits shall
be subject to all applicable zoning requirements that apply to other
utility poles as set forth in the Municipal Code to the extent consistent
with Sections 67.5090 to 67.5103, RSMo.
5.
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, as determined by the
City Planner.
6.
Subject to Subsection (D)(3) below, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. Section 1.1307(a)(4) of the Federal Communications Commission rules, a wireless provider must use appropriate and reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures in a historic district, as determined by the City Planner. Any such design or concealment measures shall not have the effect of prohibiting any provider's technology, nor shall any such measures be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility.
7.
Small wireless facility collocations shall not interfere with
or impair the operation of existing utility facilities, or City or
third-party attachments. A wireless provider shall repair all damage
to the right-of-way directly caused by the activities of the wireless
provider in the right-of-way and shall return the right-of-way to
its functional equivalence before the damage under the competitively
neutral, reasonable requirements and specifications of the City. If
the wireless provider fails to make the repairs required by the City
within a reasonable time after written notice, the City may make those
repairs and charge the wireless provider the reasonable, documented
cost of such repairs.
[3]
Editor's Note: See 67.5112, RSMo.
D.
Permits For Poles In Right-Of-Way And Wireless Facilities In All
Locations.[4]
1.
The provisions of this Subsection shall apply to the permitting
of small wireless facilities to be installed by or for a wireless
provider in or outside the right-of-way and to the permitting of the
installation, modification, and replacement of utility poles by a
wireless provider inside the right-of-way.
2.
Wireless providers or their agents shall apply for and obtain a permit pursuant to Chapter 520 to collocate a small wireless facility or install a new, modified, or replacement utility pole associated with a small wireless facility as provided in Subsection (C) above. The City shall receive applications for, process, and issue such permits subject to the following requirements:
a.
An applicant shall not be required to perform services or provide
goods unrelated to the permit, such as in-kind contributions to the
City, including reserving fiber, conduit, or pole space for the City;
b.
An applicant shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers, provided that an applicant shall include construction and engineering drawings and information demonstrating compliance with the criteria in Subdivision (i) of this Subsection and an attestation that the small wireless facility complies with the volumetric limitations in Subdivision (19) of Subsection (B) above;
c.
An applicant shall not be required to place small wireless facilities
on any specific utility pole or category of poles or require multiple
antenna systems on a single utility pole;
d.
There is no limit as to the placement of small wireless facilities
by minimum horizontal separation distances;
e.
An applicant shall comply with reasonable, objective, and cost-effective
concealment or safety requirements as provided herein;
f.
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 services
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 services provider shall provide the
information required by this Subdivision by attestation;
g.
Within fifteen (15) days of receiving an application, the City
shall determine and notify the applicant, in writing, whether the
application is complete. If an application is incomplete, the City
shall specifically identify the missing information in writing. The
processing deadline in Subdivision (h) of this Subsection shall be
tolled from the time the City sends the notice of incompleteness to
the time the applicant provides the missing information. That processing
deadline may also be tolled by agreement of the applicant and the
City;
h.
An application for collocation shall be processed on a non-discriminatory
basis and deemed approved if the City fails to approve or deny the
application within forty-five (45) days of receipt of the application.
An application for installation of a new, modified, or replacement
utility pole associated with a small wireless facility shall be processed
on a non-discriminatory basis and deemed approved if the City fails
to approve or deny the application within sixty (60) days of receipt
of the application;
i.
The City may deny a proposed collocation of a small wireless facility or installation, modification, or replacement of a utility pole that meets the requirements in Subdivision (4) of Subsection (C) above 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 the City, a 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, subject to wireless provider requests for exception or variance;
(7)
Fail to comply with applicable codes, including
nationally recognized engineering standards for utility poles or wireless
support structures;
(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; or
(9)
Fail to comply with reasonable and non-discriminatory
undergrounding requirements contained in City ordinances as of January
1, 2018, or subsequently enacted for new developments, that require
all new utility facilities in the area to be placed underground and
prohibit the installation of new or the modification of existing utility
poles in a right-of-way without prior approval, including by wireless
provider requests for exception or variance;
j.
The City shall document the complete basis for a denial in writing,
and send the documentation to the applicant with the communication
denying 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.
Any subsequent review shall be limited to the deficiencies cited in
the denial;
k.
Consolidated Applications.
(1)
An applicant may file a consolidated application
and receive a single permit for the collocation of multiple small
wireless facilities; provided, however, the denial of one (1) or more
small wireless facilities in a consolidated application shall not
delay processing of any other small wireless facilities in the same
batch; and
(2)
An 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. 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-day
period, whether from a single applicant or multiple applicants, the
City may, upon its own request, obtain an automatic thirty-day extension
for any additional collocation or replacement or installation application
submitted during that fourteen-day period or in the fourteen-day period
immediately following the prior fourteen-day period. The City shall
promptly communicate its request to each affected applicant. In rendering
a decision on an application for multiple small wireless facilities,
the City may approve the application as to certain individual small
wireless facilities while denying it as to others based on applicable
requirements and standards, including those identified in this Subsection.
The City's denial of any individual small wireless facility or
subset of small wireless facilities within an application shall not
be a basis to deny the application as a whole;
l.
Installation or collocation for which a permit is granted under
this Subsection shall be completed within one (1) year after the permit
issuance date unless the City and the applicant agree to extend this
period, or the applicant notifies the City that the delay is caused
by a lack of commercial power or communications transport facilities
to the site;
m.
Approval of an application authorizes the applicant to:
(1)
Undertake the installation or collocation; and
(2)
Operate and maintain the small wireless facilities
and any associated utility pole covered by the permit for a period
of ten (10) years, which shall be renewed for equivalent durations
so long as the facilities and poles remain in compliance with the
criteria set forth in Subdivision (i) of this Subsection, unless the
applicant and the City agree to an extension term of less than ten
(10) years. The provisions of this paragraph shall be subject to the
right of the City to require, upon adequate notice and at the facility
owner's own expense, relocation of facilities as may be needed
in the interest of public safety and convenience, and the applicant's
right to terminate at any time;
n.
There shall be a temporary moratorium on applications for small
wireless facilities and the collocation thereof for the duration of
a Federal or State-declared natural disaster plus a reasonable recovery
period, or for no more than thirty (30) days in the event of a major
and protracted staffing shortage that reduces the number of personnel
necessary to receive, review, process, and approve or deny applications
for the collocation of small wireless facilities by more than fifty
percent (50%);
o.
Abandoned small wireless facilities shall be removed as provided in Chapter 520 or an agreement, as applicable;
p.
In determining whether sufficient capacity exists to accommodate
the attachment of a new small wireless facility, the City shall take
into account that any grant of access hereunder shall be subject to
a reservation to reclaim such space, when and if needed, to meet a
core utility purpose or documented plan projected at the time of the
application pursuant to a bona fide development plan;
q.
In emergency circumstances that result from a natural disaster
or accident, the City may 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 the City's roadway.
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 roadway 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.
3.
A permit is not required for:
a.
Routine maintenance on previously permitted small wireless facilities;
or
b.
The replacement of small wireless facilities with small wireless
facilities that are the same or smaller in size, weight, and height;
or
c.
The installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are strung on cables between utility
poles, in compliance with applicable codes.
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For work described in Subdivisions (a) and (b) of this Subsection
that involves different equipment than that being replaced, the wireless
services provider shall submit a description of such new equipment
so that the City may maintain an accurate inventory of the small wireless
facilities at that location.
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4.
No approval for the installation, placement, maintenance, or
operation of a small wireless facility under this Section shall be
construed to confer authorization for the provision of cable television
service, or installation, placement, maintenance, or operation of
a wireline backhaul facility or communications facility, other than
a small wireless facility, in the right-of-way.
5.
A municipal electric utility shall not require an application
for the installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are strung on cables between utility
poles, in compliance with applicable codes.
[4]
Editor's Note: See 67.5113, RSMo.
E.
Collocations On City Poles And Wireless Support Structures Outside
Of Right-Of-Way.[5]
1.
This Subsection only applies to collocations on City poles and
wireless support structures that are located outside the right-of-way.
2.
Subject to Subdivision (3) of this Subsection, the City shall
authorize the collocation of small wireless facilities on City wireless
support structures and poles to the same extent, if any, that it permits
access to such structures for other commercial projects or uses. Such
collocations shall be subject to reasonable and non-discriminatory
rates, fees, and terms as provided in an agreement between the City,
or its agent, and the wireless provider in a form approved by the
City Council.
3.
The City shall not enter into an exclusive agreement with a
wireless provider concerning City poles or wireless support structures,
including stadiums and enclosed arenas, unless the agreement meets
the following requirements:
a.
The wireless provider provides service using a shared network
of wireless facilities that it makes available for access by other
wireless providers, on reasonable and non-discriminatory rates and
terms that shall include use of the entire shared network, as to itself,
an affiliate, or any other entity; or
b.
The wireless provider allows other wireless providers to collocate
small wireless facilities, on reasonable and non-discriminatory rates
and terms, as to itself, an affiliate, or any other entity.
4.
When determining whether a rate, fee, or term is reasonable
and non-discriminatory for the purposes of this Subsection, consideration
may be given to any relevant facts, including alternative financial
or service remuneration, characteristics of the proposed equipment
or installation, structural limitations, or other commercial or unique
features or components.
[5]
Editor's Note: See 67.5114, RSMo.
F.
Collocations On City Poles Within The Right-Of-Way.[6]
1.
The provisions of this Subsection apply to collocations on City
poles within the right-of-way by a wireless provider.
2.
Neither the City nor any person owning, managing, or controlling
City poles in the right-of-way shall enter into an exclusive arrangement
with any person for the right to attach to such poles. A person who
purchases or otherwise acquires a City pole is subject to the requirements
of this Subsection.
3.
The City shall allow the collocation of small wireless facilities on its poles using the process set forth in Subsection (D).
4.
An application shall include engineering and construction drawings,
as well as plans and detailed cost estimates for any make-ready work
as needed, for which the applicant shall be solely responsible.
5.
Make-ready work shall be addressed as follows, unless the City
(or its successor) and the applicant agree to different terms in a
pole attachment agreement:
a.
The rates, fees, and terms and conditions for the make-ready
work to collocate on a City pole shall be non-discriminatory, competitively
neutral, and commercially reasonable, and shall comply with Sections
67.5110 to 67.5121, RSMo.;
b.
Unless the City allows the applicant to perform any make-ready
work, the City shall provide a good faith estimate for any make-ready
work necessary to enable the pole to support the requested collocation
by a wireless provider, including pole replacement if necessary, within
sixty (60) days after receipt of a complete application. If applicable,
make-ready work, including any pole replacement, shall be completed
by the City within sixty (60) days of written acceptance of the good
faith estimate and advance payment by the applicant. The City may
require replacement of its pole on a non-discriminatory basis for
reasons of safety and reliability, including a demonstration that
the collocation would make the pole structurally unsound, including,
but not limited to, if the collocation would cause a utility pole
to fail a crash test; and
c.
The person owning, managing, or controlling the City pole shall
not require more make-ready work than required to meet applicable
codes or industry standards. Fees for make-ready work shall not include
costs related to preexisting or prior damage or non-compliance unless
the City had determined, prior to the filing of the application, to
permanently abandon and not repair or replace the structure. Fees
for make-ready work, including any pole replacement, shall not exceed
actual costs or the amount charged to other communications service
providers for similar work, and shall not include third party fees,
charges, or expenses, except for amounts charged by licensed contractors
actually performing the make-ready work.
6.
When a small wireless facility is located in the right-of-way
of the State highway system, equipment and facilities directly associated
with a particular small wireless facility, including coaxial and fiber
optic cable, conduit, and ground mounted equipment, shall remain in
the utility corridor except as needed to reach a City or utility pole
in the right-of-way but outside the utility corridor in which the
small wireless facility is collocated.
[6]
Editor's Note: See 67.5115, RSMo.
G.
Rates And Fees.[7]
1.
This Subsection governs the rates and fees to collocate small
wireless facilities on City poles and the rates and fees for the placement
of utility poles, but does not limit the City's ability to recover
specific removal costs from the attaching wireless provider for abandoned
structures. The rates to collocate on City poles shall be non-discriminatory
regardless of the services provided by the collocating applicant.
2.
The City shall not require a wireless provider to pay any rates,
fees, or compensation to the authority or other person other than
what is expressly authorized by Sections 67.5110 to 67.5121, RSMo.,
(while in effect) for the use and occupancy of a right-of-way, for
collocation of small wireless facilities on utility poles in the right-of-way,
or for the installation, maintenance, modification, operation, and
replacement of utility poles in the right-of-way.
3.
Application fees shall be as follows:
a.
The total fee for any application for collocation of small wireless facilities on existing City poles shall be one hundred dollars ($100.00) per small wireless facility. An applicant filing a consolidated application under Subdivision (k) of Subdivision (2) of Subsection (D) shall pay one hundred dollars ($100.00) per small wireless facility included in the consolidated application; and
b.
The total application fees for the installation, modification,
or replacement of a pole and the collocation of an associated small
wireless facility on such pole shall be five hundred dollars ($500.00)
per pole.
4.
Rates And Charges.
a.
The rate for collocation of a small wireless facility to a City
pole shall be one hundred fifty dollars ($150.00) per pole per year.
b.
The City shall not charge a wireless provider any fee, tax other
than a tax authorized by Subdivision (c) below, or other charge, or
require any other form of payment or compensation, to locate a wireless
facility or wireless support structure on privately owned property,
or on a wireless support structure not owned by the City.
c.
The City shall not demand any fees, rentals, licenses, charges,
payments, or assessments from any applicant or wireless provider for,
or in any way relating to or arising from, the construction, deployment,
installation, mounting, modification, operation, use, replacement,
maintenance, or repair of small wireless facilities or utility poles,
if not allowed by Section 67.5116, RSMo., (while in effect).
[7]
Editor's Note: See 67.5116, RSMo.
H.
Authority Preserved.[8] Subject to the provisions of Sections 67.5110 to 67.5121,
RSMo., (while in effect) and applicable Federal law, the City shall
continue to exercise zoning, land use, planning, and permitting authority
within its territorial boundaries, including with respect to wireless
support structures and utility poles, except that the City shall not
have or exercise any jurisdiction or authority over the design, engineering,
construction, installation, or operation of any small wireless facility
located in an interior structure or upon the site of any campus, stadium,
or athletic facility not owned or controlled by the City, other than
to comply with applicable codes.
[8]
Editor's Note: See 67.5118, RSMo.
I.
Prior Agreements.[9] This Section 525.010 shall not nullify, modify, amend, or prohibit a mutual agreement between the City and a wireless provider made prior to August 28, 2018, but an agreement that does not fully comply with Sections 67.5110 to 67.5121, RSMo., (while in effect) shall apply only to small wireless facilities and utility poles that were installed or approved for installation before August 28, 2018, subject to any termination provisions in the agreement. Such an agreement shall not be renewed, extended, or made to apply to any small wireless facility or utility pole installed or approved for installation after August 28, 2018, unless it is modified to fully comply with Sections 67.5110 to 67.5121, RSMo., (while in effect). In the absence of an agreement, and until such a compliant agreement or ordinance is entered or adopted, small wireless facilities and utility poles that become operational or were constructed before August 28, 2018, may remain installed and be operated under the requirements of sections 67.5110 to 67.5121 RSMo. (while in effect).
[9]
Editor's Note: See 67.5119, RSMo.
J.
Indemnification, Insurance, And Bonding Requirements.[10]
1.
A wireless provider shall indemnify and hold the City and its
elected and appointed officers and employees harmless against any
damage or personal injury caused by the negligence of the wireless
provider or its employees, agents, or contractors, including but not
limited to reasonable attorney's fees incurred by the City.
2.
A wireless provider shall have in effect insurance coverage, or demonstrate a comparable self-insurance program, all in accordance with Section 520.040. A self-insured wireless provider does not need to name the City or its officers and employees as additional insured. A wireless provider shall furnish proof of insurance, if applicable, prior to the effective date of any permit issued for a small wireless facility.
3.
The bonding requirements of Chapter 520 shall apply to small wireless facilities. The purpose of such bonds shall be to:
a.
Provide for the removal of abandoned or improperly maintained
small wireless facilities, including those that an authority determines
need to be removed to protect public health, safety, or welfare;
b.
Restore the right-of-way in connection with removals under Section
67.5113, RSMo.;
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;
d.
Bonding requirements shall not exceed one thousand five hundred
dollars ($1,500.00) per small wireless facility. For wireless providers
with multiple small wireless facilities within 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.
4.
Applicants that have at least twenty-five million dollars ($25,000,000.00)
in assets in the State and do not have a history of permitting non-compliance
within the City shall, under Section 67.1830, RSMo., be exempt from
the insurance and bonding requirements otherwise authorized by this
Section.
5.
Any contractor, subcontractor, or wireless infrastructure provider
shall be under contract with a wireless services provider to perform
work in the right-of-way related to small wireless facilities or utility
poles, and such entities shall be properly licensed under the laws
of the State and all applicable City ordinances. Each contracted entity
shall have the same obligations with respect to his/her work as a
wireless services provider would have under this Section, under Sections
67.5110 to 67.5121, RSMo., and other applicable laws if the work were
performed by a wireless services provider. The wireless services provider
shall be responsible for ensuring that the work of such contracted
entities is performed consistently with the wireless services provider's
permits and applicable laws relating to the deployment of small wireless
facilities and utility poles, and responsible for promptly correcting
acts or omissions by such contracted entity.
[10]
Editor's Note: See 67.5121, RSMo.
K.
Expiration.[11] This Section 525.010 shall expire at such time that Sections 67.5110 to 67.5122, RSMo., expire, except that for small wireless facilities already permitted or collocated on City poles prior to such date, the rate set forth in Subsection (G) of this Section for collocation of small wireless facilities on City poles shall remain effective for the duration of the permit authorizing the collocation.
[11]
Editor's Note: See 67.5122, RSMo.
