City of Papillion, NE
Sarpy County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Papillion 12-17-2019 by Ord. No. 1862. Amendments noted where applicable.]
A. 
The City Council finds that it is necessary to achieve a balance between the telecommunications needs of the City's citizens and the orderly, safe, and aesthetic deployment of small wireless facilities by telecommunications companies. The deployment of small wireless facilities is expected to enable the provision of improved and enhanced wireless services to citizens and visitors in the City. The FCC has encouraged and required the adoption of policies supporting the deployment of small wireless facilities in its September 27, 2018, Declaratory Ruling and Third Report and Order, WT Docket Nos. 17-79 and 17-84. Also, 2019 Legislative Bill 184 imposed new limits on the local regulation of small wireless facilities. Those actions encourage the placement of such small wireless facilities in public rights-of-way.
B. 
The City is responsible for the safe and aesthetic maintenance of its public rights-of-way, for the benefit of the public and for the protection of public health, safety, and welfare. Public rights-of-way are a finite resource, and are subject to demands from competing interests. It is necessary to govern their use in a fair, safe, and orderly manner. This includes the proposed use of public rights-of-way for telecommunications purposes. The City is also responsible for the processing and review of proposed telecommunications uses for properties other than public rights-of-way, with the objective of protecting public health, safety, and welfare.
C. 
It is therefore appropriate to adopt these rules and regulations for the processing and review of proposed small wireless facilities, both on public rights-of-way and on other properties.
D. 
The purpose of this article is to adopt regulations governing the safe, responsible, and fair deployment of small wireless facilities on public rights-of-way and on other properties. It is the further purpose of this article to comply with or adopt provisions stated in the said September 27, 2018, FCC Order and 2019 Legislative Bill 184.
For the purposes of this article, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. The purpose of these provisions is to promote consistency and precision in the interpretation of this article. The meanings and construction of words as set forth shall apply throughout this article, unless where modified in a specific section or where the context of such words or phrases clearly indicates a different meaning or construction.
ACTION or TO ACT
The City's grant of an application or issuance of a written decision denying an application.
ANTENNA
Communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.
APPLICABLE CODES
Any uniform building, fire, safety, electrical, plumbing, or mechanical codes, adopted by a recognized national code organization or local amendments to such codes, so long as such amendments are not in conflict with federal or state law and to the extent such codes have been adopted by the City and are generally applicable in the City.
APPLICANT
Any person who submits an application and is a wireless provider.
APPLICATION
A written request submitted by an applicant to the City:
A. 
For a permit to co-locate small wireless facilities on an existing utility pole or support structure; or
B. 
For a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility.
AUTHORIZATION
Any approval that the City must issue under this article and applicable codes prior to the deployment of a small wireless facility, along with any associated antenna equipment and support structure, including, but not limited to, zoning approval, building permit, and permit under this article.
CANTENNA
A cylindrical-shaped antenna.
CO-LOCATE or CO-LOCATION
To install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a support structure or utility pole. "Co-locate" or "co-location" does not include the installation of a new utility pole or new support structure in the right-of-way.
COMMUNICATIONS FACILITY
Any set of equipment and network components, including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. § 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. § 153(51), as such section existed on January 1, 2019, a provider of information service as defined in 47 U.S.C. § 153(24), as such section existed on January 1, 2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. § 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. § 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service.
COMMUNICATIONS NETWORK
A network used to provide communications service.
COMMUNICATIONS SERVICE
A cable service as defined in 47 U.S.C. § 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. § 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. § 153, as such section existed on January 1, 2019, or a wireless service.
COMMUNICATIONS SERVICE PROVIDER
A cable operator as defined in 47 U.S.C. § 522, a provider of information service as defined in 47 U.S.C. § 153, or a telecommunications carrier as defined in 47 U.S.C. § 153, as such sections existed on January 1, 2019. "Communications service provider" includes a wireless provider.
DECORATIVE POLE
A utility pole that is owned, managed, or operated by or on behalf of the City, and which is specially designed and placed for aesthetic purposes.
DEPLOYMENT
Placement, construction, or modification of a small wireless facility.
FCC
The Federal Communications Commission.
FEE
A one-time, nonrecurring charge, to be collected upon application.
HISTORIC DISTRICT
Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a(i)-(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 CFR Part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application.
LAW
Any federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
MAKE-READY WORK
All work, as reasonably determined by the City, required to accommodate a small wireless facility on a utility pole, and to comply with all the City's applicable codes. Such work includes, but is not limited to, modification or replacement of utility poles or lines, installation of guys and anchors, rearrangement of existing equipment, inspections, reasonable consultant fees or expenses, permitting work, design, planning, construction, materials, cost of removal (less any salvage value), tree trimming (other than tree trimming performed for normal maintenance purposes), facility construction, or conduit system clearing, but does not include ordinary maintenance.
MICROWIRELESS FACILITY
Any small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and with any exterior antenna no longer than 11 inches.
ORDINARY MAINTENANCE AND REPAIR
Inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a facility.
PERMIT
A written authorization, in electronic or hard copy format, required by the City to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or an existing support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility.
PERMITTEE
An applicant that has received a permit under this article, and its successors and assignees.
PERSON
An individual, a corporation, a limited-liability company, a partnership, an association, a trust, or any other entity or organization.
PUBLIC POWER SUPPLIER
A public power district or any other governmental entity providing electric service. "Public power supplier" includes a municipal electric utility or a rural public power supplier.
RATE
A recurring charge, collected on a regular basis such as annually.
REPLACE or REPLACEMENT
In connection with an existing utility pole or support structure, to replace (or the replacement of) same with a new pole or structure in conformance with this article and any other applicable codes, in order to address limitations of the existing pole or structure to structurally support co-location of a small wireless facility.
RIGHT-OF-WAY
The area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in Neb. R.R.S. § 39-1302, the National System of Interstate and Defense Highways, or a private easement.
RURAL PUBLIC POWER SUPPLIER
A public power district, a public power and irrigation district, an electric cooperative, or an electric membership association that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class.
SHOT CLOCK
The period of time in which the City is required to act on an application.
SIGHT TRIANGLE ZONE
An area defined by a triangle with legs of 30 feet from the point at which the curbs or edges of two intersecting streets, private ways, trails, sidewalks, courts or an intersecting street, private way, trail, sidewalk or court and driveway meet.
SMALL WIRELESS FACILITY
Any wireless facility that meets each of the following conditions:
A. 
The facilities:
(1) 
Are mounted on structures 50 feet or less in height, including the antennas; or
(2) 
Are mounted on structures no more than 10% taller than other adjacent structures;
B. 
Each antenna associated with the deployment is no more than three cubic feet in volume;
C. 
All other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than 28 cubic feet in volume;
D. 
The facilities do not require antenna structure registration under 47 CFR Part 17, as such regulation existed on January 1, 2019;
E. 
The facilities are not located on tribal lands, as defined in 36 CFR 800.16(x), as such regulation existed on January 1, 2019; and
F. 
The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b), as such regulation existed on January 1, 2019.
SUPPORT STRUCTURE
Any structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the co-location of small wireless facilities. "Support structure" does not include a utility pole.
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 or POLE
A pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the co-location of small wireless facilities and located in the right-of-way. Utility pole does not include:
A. 
Support structures;
B. 
Any transmission infrastructure owned or operated by a public power supplier or rural public power supplier; and
C. 
Any distribution or communications infrastructure owned or operated by a rural public power supplier.
A. 
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
(1) 
Equipment associated with wireless communications; and
(2) 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply, and small backup battery, regardless of technological configuration.
B. 
"Wireless facility" includes small wireless facilities. "Wireless facility" does not include:
(1) 
The structure or improvements on, under, or within the equipment which is co-located;
(2) 
Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna; or
(3) 
A wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities or support structures, but that is not a wireless services provider.
WIRELESS PROVIDER
A wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider.
WIRELESS SERVICES
Any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDER
A person who provides wireless services.
WIRELINE BACKHAUL FACILITY
An aboveground or underground facility used to transport communications services from a wireless facility to a communications network.
This article shall apply to all deployments of small wireless facilities on rights-of-way or other public or private property within the City and its two-mile extraterritorial jurisdiction, as amended or annexed from time to time, except as specifically excluded in this section or in this article. With respect to deployments on rights-of-way which are owned by another jurisdiction, the City shall coordinate its regulation under this article with such jurisdiction, by agreement or otherwise, so that only one of the jurisdictions regulates the same. This article shall not apply to any facility that was in existence and authorized by an agreement with the City as of the effective date of this article. Notwithstanding this section, the shot clock for an application shall be governed by this article or by an existing agreement, whichever provides for a shorter shot clock. Notwithstanding this section, application fees and yearly rates shall be governed by this article or by an existing agreement, whichever provides for smaller fees or rates. Small wireless facilities shall be governed by this article and not by other lease requirements of the City or this Code. This article shall not apply to the design, engineering, construction, installation, or operation of any small wireless facility located in the interior structure or upon the site of any college or university campus, stadium, or athletic facility not owned or controlled by the City, other than to comply with applicable codes. For an application submitted to the State of Nebraska regarding a location within a right-of-way or other property owned or controlled by the state, to the extent that the state seeks a recommendation from the City regarding such application, the City shall apply the location and design standards of § 207-11. The applicant for a location on such state right-of-way or other property shall provide to the City a copy of the application submitted to the state, but no application fee shall be due. This article shall not apply to a microwireless facility that is strung on a cable between existing utility poles in compliance with the National Electrical Safety Code, which may be installed, maintained and operated without permit or fees; provided that standard rules regulating the excavation or closing of sidewalks or streets shall apply to the same.
It shall be unlawful for any person to install, maintain, or operate a small wireless facility, unless such person shall have previously obtained a permit under this article from the City expressly authorizing such small wireless facility. It shall be unlawful for any person to co-locate a small wireless facility on or associated with an existing utility pole or support structure, unless such person shall have previously obtained a permit under this article from the City expressly authorizing the attachment or association of that specific small wireless facility. It shall be unlawful for any person to construct, install, replace, maintain, or operate a new utility pole or support structure to which will be attached or associated a small wireless facility, unless such person shall have previously obtained a permit under this article.
A. 
Form and content. Application for a permit under this article shall be filed with the Building and Inspections Department, on a form provided by that department. On or in addition to that form, an application shall include the following:
(1) 
The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant.
(2) 
The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the application.
(3) 
A description of the proposed work and the purposes and intent of the proposed small wireless facility.
(4) 
If applicable, written authorization from the owner of the utility pole or support structure on which the small wireless facility will be placed or attached, if not the City. For a utility pole or support structure owned or controlled by the Omaha Public Power District or other owner, the applicant shall provide proof of approval of the specific plans by that District or owner.
(5) 
Detailed construction drawings regarding the proposed small wireless facility, and any associated equipment and utility pole or support structure. The drawings shall show the location, dimensions, elevations, equipment specifications, and attachment methods for the small wireless facility, all equipment, and the utility pole or support structure.
(6) 
To the extent the proposed small wireless facility involves co-location on a utility pole or support structure, a structural report performed by a duly licensed engineer evidencing that the pole or support structure will structurally support the co-location (or that the pole or support structure will be modified to meet structural requirements) in accordance with applicable codes.
(7) 
For any new aboveground antenna equipment, a conceptual rendering of the said equipment, including accurate visual depictions and locations, if not included in the construction drawings.
(8) 
A full description of any make-ready work to be performed by the City in preparation for the proposed installation and use of the small wireless facility, associated equipment and utility pole or support structure.
(9) 
The application fee as required by this article.
(10) 
Bond and certificate of insurance as required by this article.
(11) 
The application form shall include:
(a) 
Language providing for the indemnification of the City by the applicant as required by this article; and
(b) 
An attestation by the applicant that the small wireless facility shall be operational for use by a wireless services provider within nine months after the later of the completion of all make-ready work or the permit issuance date, unless a delay is caused by lack of commercial power or communications transport facilities to the site, in which case the deadline shall be extended for up to nine months.
(c) 
The applicant's signature on and submittal of the application shall constitute agreement to Subsection A(11)(a) and (b) above.
B. 
Batching.
(1) 
An applicant may apply for more than one but no more than five small wireless facilities in a single application, provided that all information required by this section is provided for each separate small wireless facility. Application fees shall be paid for each small wireless facility, as provided in this article.
(2) 
Each small wireless facility within a consolidated application is subject to individual review, except that the denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same application or be a basis upon which to deny the consolidated application as a whole. If an applicant applies to construct or co-locate several small wireless facilities within the jurisdiction of the City, the City shall:
(a) 
Allow the applicant, at the applicant's discretion, to file a single set of documents that apply to all of the applicant's small wireless facilities; and
(b) 
Render a decision regarding all of the applicant's small wireless facilities in a single administrative action or proceeding.
C. 
Replacement or modification. A permittee shall be required to file an application and pay an application fee for the proposed replacement or modification of an existing small wireless facility, antenna equipment, or associated utility pole or support structure. In such case, the application shall include updated drawings of the facilities showing such replacement or modification. Such proposed replacement or modification shall be reviewed and acted upon by the City as if it were an initial application. This Subsection C does not apply to the replacement of a small wireless facility with a small wireless facility that is substantially similar in weight or windage or the same size or smaller, in which case no permit, application, or fee is required.
D. 
Shot clock. The City shall act on a filed application, and all associated requests, on or before the expiration of the shot clock period.
(1) 
The shot clock period for an application is the sum of:
(a) 
Ninety days, plus one additional period of 10 business days if requested, in writing, by the City prior to the expiration of the 90 days; plus
(b) 
Such additional number of days of the tolling period, if any, pursuant to Subsection D(2) below.
(2) 
Unless a written agreement between the applicant and the City provides otherwise, the tolling period for an application, if any, is as set forth below:
(a) 
If the City notifies the applicant, in writing, on or before the 20th day after submission that the application is incomplete, and specifically identifies the missing documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the City to render the application complete.
(b) 
Subsequent findings of incompleteness shall further toll the shot clock from the time the City sends written notice of incompleteness until the time the applicant provides the missing information.
(c) 
If the applicant submits new or additional documents or information that include material changes not otherwise required by the City, a new application and application fee shall be submitted.
(3) 
The shot clock deadline for an application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to this Subsection D; provided that if the deadline calculated in this manner falls on a weekend or holiday, the deadline shall be the next business day after such date. The term "business day" means any day that is not a weekend day or holiday.
E. 
Permit issuance. Approval of an application authorizes the permittee to maintain and operate the small wireless facilities and any associated utility pole covered by the permit for a period of five years, subject to applicable relocation requirements and the permittee's right to terminate at any time. At the end of each such term, such permit shall be considered automatically renewed for an equivalent duration so long as the permittee complies with the criteria of this article as of the time the permit was issued.
A. 
Application fees.
(1) 
An application for a permit under this article for the co-location of a small wireless facility on an existing utility pole or support structure shall be accompanied by an application fee in the amount of $500 for up to five small wireless facilities, plus $100 for each additional small wireless facility.
(2) 
An application for a permit for one new, modified, or replacement utility pole or support structure intended to support one or more small wireless facilities, and for one small wireless facility to be placed on such pole or structure, shall be accompanied by an application fee of $250 per pole or structure.
B. 
Annual rates. A permittee who does not pay the City any occupation taxes under § 175-8 of this Code shall pay to the City an annual rate of $20 for each small wireless facility attached to a utility pole in a City right-of-way, and an annual rate of $250 for each small wireless facility located anywhere else in a City right-of-way or City property. A permittee who does pay the City any occupation taxes under § 175-8 of this Code shall not be required to pay to the City an annual rate The annual rate shall be paid by or before January 1, in advance for the ensuing year.
C. 
Reimbursement of direct costs. If the applicant or permittee excavates or damages a City right-of-way or other City property and the City repairs such excavation or damage, the applicant or permittee shall reimburse to the City the actual cost of such repair, as provided in § 207-10.
A. 
In the event that any facility of a permittee on a City right-of-way or City property obstructs or hinders the usual travel or public safety or obstructs the legal use of such right-of-way or property by utilities or other authorized users, the City may provide written notice to the permittee of such interference and of the need to resolve such interference. In the event that any such facility of the permittee causes any radio frequency interference to any City facilities or other uses of a City right-of-way or City property, the City may notify the permittee, in writing, of such interference and the need to resolve such interference. Upon service of any notice under this subsection, the permittee shall remedy such interference within 90 days or, in the case of an emergency, within such shorter time period as directed by the City. If such interference is not resolved in a timely manner, the permittee shall, at its own expense, remove its facilities from that location. In such case, the permittee may apply for the relocation of similar facilities at another location, without payment of an application fee.
B. 
Within 90 days following written notice from the City, the permittee shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its facilities, whenever the City has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any City improvement in, under or upon the public right-of-way. The permittee shall be responsible to the City for any damages or penalties the City may incur as a result of the permittee's failure to remove or relocate the facilities as required in this subsection.
C. 
The City retains the right and privilege to cut or move any facility of the permittee located within the public right-of-way or on City property, as the City may determine in its sole discretion to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the City shall notify the permittee and give the permittee an opportunity to move its own facilities prior to cutting or removing the facilities. In all cases, the City shall notify the permittee after cutting or removing the facilities as promptly as reasonably possible.
D. 
The permittee may abandon its facilities at a location. The permittee shall notify the City of abandonment of any facility at the time the decision to abandon is made, but in no case shall such notification be made later than 30 days prior to abandonment. The permittee shall, within 30 days of such notice, remove its facilities at the permittee's own expense, unless the City determines and states, in writing, in its sole discretion, that any part of the facilities may be abandoned in place. The permittee shall remain solely responsible and liable for all of its facilities until they are removed from the public right-of-way unless the City agrees, in writing, to take ownership of the abandoned facilities. For the purpose of this subsection, abandonment of facilities and cancellation of the related permit shall also be deemed to have occurred after such facilities are not used for a period of one year.
E. 
If the permittee fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its facilities or remove any of its abandoned facilities as required in this section, the City or its contractor may do so. In such case, the permittee shall pay all reasonable costs related to such work.
In submitting an application and maintaining and operating its facilities, the permittee agrees to indemnify, defend and hold the City harmless from all claims, costs, damages, demands, suits, judgments, court costs and costs of defense, including attorney fees, which arise out of, in whole or in part, the permittee's acts or omissions pursuant to its permit or this article, or which arise out of, in whole or in part, the installation, construction, operation, or maintenance of the permittee's facilities, whether or not any act or omission complained of is authorized, allowed, or prohibited by the permit or this article. The permittee's indemnity shall not apply to any loss or damage resulting from the negligence or willful misconduct of the City or its employees, contractors, or agents. The application to be signed by the applicant shall contain the indemnification language stated in this section.
A. 
Upon and after application, the permittee of a permit under this article shall procure and thereafter continuously maintain for as long as any permit in its favor remains in effect, at the permittee's expense, commercial general liability insurance per ISO form or its equivalent with a limit of at least $2,000,000 per occurrence and at least $2,000,000 general aggregate for bodily injury (including death) and property damage, including explosion, collapse and underground property damage. Upon receipt of notice from its insurer(s), the permittee shall provide the City with 30 days' prior written notice of any prospective cancellation of the policy, unless the required coverage is immediately replaced. A certificate of insurance shall be provided with the application. The policy shall be available for review by the City upon request. The policy shall include the City as additional insured as its interest may appear under this article.
B. 
Upon and after application, the permittee of a permit located on a right-of-way or other City property shall provide and maintain in effect a bond naming the permittee as obligor, with a surety, in favor of the City, in the minimum amount of $50,000, to cover all permitted sites of the permittee. The surety of the bond shall be a surety company licensed to do business in Nebraska. The bond shall be conditioned:
(1) 
That the permittee and its successors or assigns shall indemnify, defend, and hold the City harmless from all claims, costs, damages, demands, suits, judgments, and court costs and costs of defense, including attorney fees, which arise out of, in whole or in part, the permittee's acts or omissions pursuant to its permit or this article, or which arise out of, in whole or in part, the installation, construction, operation, or maintenance of the permittee's facilities, whether or not any act or omission complained of is authorized, allowed, or prohibited by the permit or this article.
(2) 
For the maintenance of the sidewalk or public right-of-way.
(3) 
For the compliance with all applicable laws regarding the permitted facilities and the use of the City right-of-way or other property.
(4) 
For the return of the sidewalk, street, right-of-way or other public property to its condition prior to the permit.
As a condition of the issuance of a permit under this article, the permittee shall perform the following duties:
A. 
Small wireless facilities and associated communications facilities, utility poles and support structures shall be located, installed and maintained so that they do not materially endanger the lives, health or safety of persons, or materially interfere with any public improvements the City or other governmental entities (including any traffic control devices or signs, gas, electric, stormwater, sanitary sewer or water utilities or enterprises) have in place or may deem proper to make. The location, installation or maintenance of the small wireless facility and associated communications facilities, utility pole and support structure shall not hinder or obstruct the usual travel or public safety on a right-of-way, or obstruct the legal use of a right-of-way by utilities or the safe operation of their systems or provision of service.
B. 
All small wireless facilities and associated communications facilities, utility poles, and support structures shall be located, installed, and used so as to cause minimum radio frequency interference with the rights and reasonable convenience of other users of rights-of-way and of owners' property which adjoins rights-of-way, except to the extent such interference is specifically authorized by federal law.
C. 
All construction, excavation, maintenance and repair work done by the permittee shall be done in a safe, workmanlike and expeditious manner which minimizes inconvenience and danger to the City, the general public and individuals. All such construction, excavation, maintenance and repair work done by the permittee shall comply with all applicable codes and laws. The City shall have the right to inspect all construction or excavation work to ensure compliance with applicable codes, laws, and permits, and may order the permittee to perform corrective work. All right-of-way or other City property disturbed by permittees' activities shall be promptly restored by the permittee at its expense to its former condition, subject to inspection by the City. If the permittee fails to make required repairs, the City may give the permittee written notice of the required repairs. If after such notice the permittee fails to make the required repairs within 14 days, the City may make the repairs, and permittee shall pay the City the reasonable documented cost of such repairs. The City shall grant the permittee a ten-day extension to perform repairs if requested by the permittee within the original fourteen-day period. In the event of immediate threat to life, safety, or to prevent serious injury, the City may immediately undertake to restore the site and then notify the permittee and charge the permittee for all reasonable restoration costs.
D. 
The permittee shall install, construct, maintain and operate its small wireless facilities and associated communications facilities, utility poles, and support structures in a safe manner, providing reasonable protection against injury or damage to any and all persons or property.
E. 
Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Manual on Uniform Traffic Control Devices. The permittee shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is filled and finished to the satisfaction of the City, or as otherwise directed by the City.
F. 
All construction and use of the small wireless facilities and associated communication facilities, utility poles, and support structures shall comply with the permit and approved final plans and specifications. Upon completion of installation of the small wireless facilities and associated communication facilities, utility poles and support structures, the permittee shall notify the Permits and Inspections Department within three business days of the completion of said work so that the City may conduct an inspection as provided for above. The City will perform any such inspection within five business days. Any construction that does not conform to the permit and approved final plans and specifications shall be reconstructed or repaired to conform to the permit and approved final plans and specifications within five business days. If the construction and use of the small wireless facilities and associated communication facilities, utility poles, and support structures continues to fail to conform to the permit and approved final plans and specifications, the City may revoke the associated permit until such time as the work is in conformance.
G. 
If a new utility pole or support structure is to be built for the sole or primary purpose of supporting a small wireless facility, such pole or structure shall comply with all applicable codes.
The City desires to promote aesthetically acceptable and area conforming wireless facilities using the smallest and least intrusive means available to provide small wireless services to the community. All facilities in the public right-of-way must comply with all applicable provisions in this section.
A. 
All small wireless facilities shall meet the following requirements:
(1) 
Antennas must be top-mounted or side-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and constructed of material that minimally attenuates the signal transmitted/received by such antenna) or otherwise concealed to the extent feasible. Cable connections, antenna mounts and other hardware must also be concealed. The radome or other concealment elements must be nonreflective and painted or otherwise colored to match the existing support structure.
(2) 
Each antenna shall be no more than three cubic feet in volume. All other equipment associated with a small wireless facility, whether ground-mounted or pole-mounted, shall be no more than 28 cubic feet in volume.
(3) 
The color of the small wireless facility shall reasonably match the color of the utility pole or support structure upon which it is attached.
(4) 
There shall be no advertising or signs on the small wireless facility, except for equipment logos, specifications, or maintenance instructions that are generally not readable from the ground or from 10 feet away, and except for signage required by the FCC.
(5) 
A small wireless facility shall be mounted at a height no more than the greater of 50 feet, including the antenna, or five feet above an existing utility pole in place as of the effective date of this article and located within 500 feet in the same right-of-way.
(6) 
Antennas shall be no more than 12 inches in diameter and 48 inches in height.
(7) 
If an antenna of the small wireless facility is side-mounted, it shall not protrude more than 18 inches outside the pole, and shall not exceed the height of the pole.
(8) 
The small wireless facility and all associated equipment mounted to the outside of a pole or support structure shall be at least eight feet above grade, excluding the disconnect switch.
(9) 
Co-locations between wireless service providers on the same support structure is required wherever technically feasible. If an applicant chooses to not co-locate in areas where options are or appear to be available, the applicant must document that co-location is technically infeasible.
(10) 
Cabling shall be located within the conduit or inside the pole or support structure to as great a degree as possible, and otherwise shall be as flush to the pole or support structure as possible. Any support arms shall use flanges or channels to conceal exterior cables and passive radio frequency gear. Shrouds, sleeves, or ninety-degree connectors shall be used to prevent exposed cables.
(11) 
A small wireless facility shall include a disconnect switch. The disconnect switch shall be no more than 12 cubic inches in size, shall be painted the same color as the pole or support structure, and shall be mounted on the pole or support structure at a maximum of six feet above grade, unless otherwise directed by the City Inspector.
(12) 
Unless otherwise required by the City, or for compliance with FAA or FCC regulations, small wireless facilities shall not include any lights or lighting.
(13) 
A small wireless facility may be placed on an existing utility pole that exists within a sight triangle zone as of the effective date of this article; provided that any replacement pole replacing such an existing utility pole shall be relocated outside of the sight triangle zone.
B. 
A new or replacement utility pole for a small wireless facility, referred to in this subsection as a "new pole," shall be subject to the following requirements:
(1) 
The new pole shall meet the generally applicable standards for such poles as established by the owner of such poles.
(2) 
The new pole shall comply with applicable codes of general applicability.
(3) 
The new pole shall be reasonably similar in color, design, size, scale, material, style, and arm structure to the nearest adjacent existing poles; provided that there shall be no new installations of wooden poles.
(4) 
A new pole replacing an existing decorative pole shall conform to all nondiscriminatory design aesthetic features of the existing decorative pole.
(5) 
The height of a new pole shall not exceed the greater of five feet above the tallest existing utility pole in place as of the effective date of this article located within 500 feet of the new pole in the same right-of-way, or 50 feet above ground level.
(6) 
The diameter of the new pole shall be no more than 14 inches; provided that the bottom 66 inches of the new pole may be no more than 18 inches in diameter.
(7) 
The new pole shall be in alignment with existing trees, utility poles, and streetlights.
(8) 
The new pole shall be an equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree.
(9) 
The new pole shall be placed with appropriate clearance from existing utilities, to accommodate the passage of traffic in the right-of-way and any work done on or around the facilities.
(10) 
The new pole shall be placed outside of a thirty-foot clear sight triangle zone where pedestrian trails, sidewalks, and streets intersect(s).
(11) 
The new pole shall be placed so as not to be located along the frontage of an historic district.
(12) 
The new pole shall not be placed within 50 feet of the apron of a fire station or other emergency service responder facility.
(13) 
In accordance with existing standards for street light poles, and provided it does not result in an effective prohibition of service, a new pole shall be located no closer than 150 feet from an existing street light pole on an arterial or collector street, and no closer than 100 feet from an existing street light pole on a local or residential street. This requirement shall not prevent the replacement of light poles in place as of the effective date of this article that do not meet this spacing requirement.
(14) 
A new pole shall not be located within seven feet of an electrical conductor unless the applicant obtains the written consent of the entity that owns or manages the electrical conductor.
C. 
All small wireless facilities, and all of their associated equipment, ground equipment, communications facilities, and utility poles and support structures shall comply with the following requirements:
(1) 
So as not to impede or impair public safety or the legal use of the right-of-way by the traveling public, ground-mounted equipment must be installed below grade or concealed in a ground-mounted cabinet. Ground-mounted cabinets must comply with the following design standards:
(a) 
In urban sections with curb and gutter, ground-mounted equipment shall not be located closer than four feet from the pavement or face of curb, and shall not be located closer than two feet from a sidewalk, bike lane, or shared-use path as measured to the nearest part of the equipment.
(b) 
In rural sections with open ditches, ground-mounted equipment shall be located at least one foot inside the right-of-way line.
(c) 
Ground-mounted equipment shall be placed outside of all sight triangle zone(s).
(d) 
Ground-mounted equipment locations shall be located a minimum of 12 feet from driveway aprons as measured parallel to the right-of-way.
(e) 
Ground-mounted equipment shall be consistent with any applicable design standards of the Omaha Guidelines and Regulations for Driveway Location, Design and Construction.
(f) 
Ground-mounted equipment must be secured to a concrete foundation or slab with a breakaway design allowing the equipment to disconnect from the foundation in the event of collision or impact.
(g) 
Screening of ground-mounted equipment with a variety of plant material may be required based on the characteristics of the surrounding area.
(h) 
All proposed ground-mounted equipment shall be reviewed for determination of applicability of the City's generally applicable landscape screening requirements based on the surrounding context, and where required, for appropriateness of the proposed planting plan and plant specifications.
(2) 
Such items shall not materially interfere with sight lines or clear zones for air or land transportation or pedestrians.
(3) 
Such items shall not obstruct or hinder the usual travel or public safety on a right-of-way, or obstruct the legal use of a right-of-way by utilities or the safe operation of their systems or provision of service.
(4) 
Such items shall not violate or materially interfere with compliance with the federal Americans with Disabilities Act of 1990[1] or similar federal or state standards regarding pedestrian access or movement.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5) 
Such items shall comply with applicable codes of general applicability.
A. 
In its application, the applicant shall identify any make-ready work proposed to be performed by the City. Within 120 days after receipt of a completed application, the City shall provide a preliminary good faith estimate of the cost of such make-ready work to be paid by the applicant to the City. The applicant shall pay to the City the amount of the estimated cost. Make-ready work to be performed by the City shall be completed within 90 days after written acceptance of the good faith estimate by the applicant. Upon the City's completion of the make-ready work, the applicant shall pay the City, or the City shall refund to the applicant, as the case may be, the difference between the cost estimate paid and the actual cost. Total fees shall not exceed actual costs of the make-ready work. Alternatively, the City and the applicant may agree that the applicant or a party other than the City may perform the make-ready work, subject to the City's approval before and after the work.
B. 
The City may require replacement of the utility pole if it determines that the co-location would make the utility pole structurally unsound. The person owning the utility pole shall not require more make-ready work than required to meet applicable codes and industry standards.
A permittee may assign its rights to a permit, small wireless facility, and associated equipment or structures it owns to an assignee. Such assignment shall not be effective until the applicant and the assignee sign and file with the building and inspections department a notice of assignment, containing:
A. 
The assignee's name, address, telephone number, and email address, including emergency contact information.
B. 
Exact location of all small wireless facilities and associated equipment or structures being assigned.