[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.
The City's grant of an application or issuance of a
written decision denying an application.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in providing wireless services.
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.
Any person who submits an application and is a wireless provider.
A written request submitted by an applicant to the City:
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.
A cylindrical-shaped antenna.
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.
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.
A network used to provide 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.
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.
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.
Placement, construction, or modification of a small wireless
facility.
The Federal Communications Commission.
A one-time, nonrecurring charge, to be collected upon application.
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.
Any federal, state, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
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.
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.
Inspections, testing and/or repair that maintain functional
capacity, aesthetic and structural integrity of a facility.
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.
An applicant that has received a permit under this article,
and its successors and assignees.
An individual, a corporation, a limited-liability company,
a partnership, an association, a trust, or any other entity or organization.
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.
A recurring charge, collected on a regular basis such as
annually.
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.
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.
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.
The period of time in which the City is required to act on
an application.
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.
Any wireless facility that meets each of the following conditions:
Each antenna associated with the deployment is no more than
three cubic feet in volume;
All other equipment associated with the structure, whether ground-mounted
or pole-mounted, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17, as such regulation existed on January 1, 2019;
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
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.
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.
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 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:
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including:
"Wireless facility" includes small wireless facilities. "Wireless
facility" does not include:
The structure or improvements on, under, or within the equipment
which is co-located;
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
A wireline backhaul facility.
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.
A wireless services provider or a wireless infrastructure
provider when acting as a coapplicant for a wireless services provider.
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.
A person who provides wireless services.
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.
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:
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:
(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.
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.
(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:
