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.
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 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.
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:
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.
WIRELESS FACILITY
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.
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.
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.
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 or similar federal or state standards regarding pedestrian
access or movement.
(5) Such items shall comply with applicable codes of general applicability.
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.