[Ord. No. 4834, 6-17-2019]
A.
Purpose. Consistent with the requirements of the Uniform Small Wireless
Facility Deployment Act, Section 67.5110, et seq., RSMo., and in anticipation
of a continued increased demand for the placement of small wireless
facilities of the type regulated by the Uniform Small Wireless Facility
Deployment Act and this Article both within the public rights-of-way
and in other locations within the jurisdiction of the City, the City
Council of the City of Blue Springs, Missouri, has found it to be
in the best interests of the public health, safety, and general welfare
of the City to adopt the regulations set forth in this Article in
order to establish generally applicable standards for the permitting,
location, construction, deployment, regulation, operation, maintenance,
repair, concealment and removal of small wireless facilities both
within the public rights-of-way and in other locations within the
jurisdiction of the City.
B.
Intent. Sections 505.710 through 505.715 of the Code of Ordinances, City of Blue Springs, Missouri, are intended to encourage and streamline the deployment of small wireless facilities, as herein defined, to help ensure that robust and dependable wireless radio-based communication services and networks are available throughout the City of Blue Springs while also protecting the health, safety, and welfare of the public and the limited public resource that is the public right-of-way. Specifically, the Article is intended to:
1.
Facilitate orderly construction and maintenance of facilities
in the right-of-way, reduce the damage to the facilities of rights-of-way
users, and minimize disruption of service to the citizens of the City;
2.
Manage the right-of-way to allow efficient location of small
wireless facilities and maximize services to the citizens of the City;
3.
Allow for the maximum utilization of the rights-of-way to meet
the demands due to technical innovations;
4.
Encourage responsible construction and maintenance practices
in the City rights-of-way;
5.
Ensure that regulation of small wireless facilities does not
have the effect of prohibiting the provision of personal wireless
services, and does not unreasonably discriminate among functionally
equivalent providers of such service;
6.
Prevent interference with the facilities, maintenance, and operations
of the City's utilities and of other utilities lawfully located
both within the public rights-of-way and in other locations within
the City; and
7.
Enhance the ability of providers of communication services to
provide such services to the community quickly, effectively, and efficiently.
C.
Preemption. Notwithstanding any ordinance to the contrary, the procedures
set forth in this Article shall be applicable to small wireless facilities
existing or installed, built or modified after the effective date
of this Article (6-17-2019) to the fullest extent permitted by law.
No provision of this Article shall apply to any circumstances in which
such application shall be unlawful under superseding Federal or State
law. Furthermore, if any Section, Subsection, sentence, clause, phrase,
or portion of this Article is now or in the future superseded or preempted
by State or Federal law or found by a court of competent jurisdiction
to be unauthorized, such provision shall be automatically interpreted
and applied as required by law.
[Ord. No. 4834, 6-17-2019]
As used in this Article, the following terms shall have the
following meanings:
The Uniform Small Wireless Facility Deployment Act, Section
67.5110, et seq., RSMo.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to such codes enacted to prevent physical property damage
or reasonably foreseeable injury to persons.
Any person who submits an application and is a wireless provider.
A request submitted by an applicant to an authority for a
permit to collocate small wireless facilities on a utility pole or
wireless support structure, or to approve the installation, modification,
or replacement of a utility pole.
A utility pole owned, managed, or operated by or on behalf
of an authority, but such term shall not include municipal electric
utility distribution pole or facilities.
To install, mount, maintain, modify, operate, or replace
small wireless facilities on or immediately adjacent to a wireless
support structure or utility pole, provided that the small wireless
facility antenna is located on the wireless support structure or utility
pole.
An authority pole that is specially designed and placed for
aesthetic purposes.
Either the Director of Public Works, the Director of Community
Development, or their authorized representative based on proposed
location of facilities.
A one-time, non-recurring charge.
A written authorization required by an authority to perform
an action or initiate, continue, or complete a project.
A recurring charge.
The area on, below, or above a public roadway, highway, street,
sidewalk, alley, or similar property used for public travel, but not
including a Federal interstate highway, railroad right-of-way, or
private easement.
A wireless facility that meets both of the following qualifications:
Each wireless provider's antenna could fit within an
enclosure of no more than six (6) cubic feet in volume; and
All other equipment associated with the wireless facility,
whether ground or pole mounted, is cumulatively no more than twenty-eight
(28) cubic feet in volume, provided that no single piece of equipment
on the utility pole shall exceed nine (9) cubic feet in volume; and
no single piece of ground mounted equipment shall exceed fifteen (15)
cubic feet in volume, exclusive of equipment required by an electric
utility or municipal electric utility to power the small wireless
facility.
The following types of associated ancillary equipment shall
not be included in the calculation of equipment volume: electric meter,
concealment elements, telecommunications demarcation box, grounding
equipment, power transfer switch, cut-off switch, and vertical cable
runs and related conduit for the connection of power and other services.
A pole or similar structure that is or may be used in whole
or in part by or for wireline communications, electric distribution,
lighting, traffic control, signage, or a similar function, or for
the collocation of small wireless facilities; provided, however, such
term shall not include wireless support structures, electric transmission
structures, or breakaway poles owned by the State Highways and Transportation
Commission.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including equipment
associated with wireless communications and radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies, and
comparable equipment, regardless of technological configuration. The
term includes small wireless facilities. The term does not include:
The structure or improvements on, under, or within which
the equipment is collocated;
Coaxial or fiber-optic cable between wireless support structures
or utility poles;
Coaxial or fiber-optic cable not directly associated with
a particular small wireless facility; or
A wireline backhaul facility.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment or wireless facilities but that is not a wireless
services provider.
A wireless infrastructure provider or a wireless services
provider.
Any services using licensed or unlicensed spectrum, including
the use of wifi, whether at a fixed location or mobile, provided to
the public using wireless facilities.
A person who provides wireless services.
An existing structure, such as a monopole or tower, whether
guyed or self-supporting, designed to support or capable of supporting
wireless facilities; an existing or proposed billboard; an existing
or proposed building; or other existing or proposed structure capable
of supporting wireless facilities, other than a structure designed
solely for the collocation of small wireless facilities. Such term
shall not include a utility pole.
The Title IV Unified Development Code of the City of Blue
Springs, Missouri.
[Ord. No. 4834, 6-17-2019]
A.
Height Restrictions.
1.
Each new, replacement, or modified utility pole installed in
the right-of-way shall not exceed the greater of ten (10) feet in
height above the tallest existing utility pole in place as of August
28, 2018, located within five hundred (500) feet of the new pole in
the same right-of-way or fifty (50) feet above ground level at the
site of the proposed installation, replacement, or modification.
2.
New small wireless facilities in the right-of-way shall not
exceed more than ten (10) feet above an existing utility pole in place
as of August 28, 2018.
3.
Any new, modified, or replacement utility pole that exceeds
these height limits shall be subject to a conditional use permit under
the City's zoning regulations.
B.
Concealment Requirements. The reasonable, objective, cost-effective
standards outlined in this Subsection seek to ensure that all small
wireless facilities deployed in the City are deployed in a manner
that preserves the visual appearance of the surrounding area and the
legal use of the right-of-way. Any of the requirements set forth in
this Subsection may be waived or altered by the director upon an applicant
establishing good cause as to why the concealment requirements should
not apply.
1.
Small Wireless Facility Antenna. All antennas mounted as part
of the deployment of a small wireless facility shall be mounted to
the top of the utility pole or wireless support structure and aligned
with the centerline of the utility pole or wireless support structure,
unless otherwise agreed to by the director based on the specific context
and characteristics of the utility pole or wireless support structure.
a.
Shape. Any small wireless facility antenna collocated within
the City shall be cylindrical or completely housed within a cylindrical
enclosure or radome unless otherwise agreed to by the director based
on the specific context and characteristics of the utility pole, wireless
support structure, or small wireless facility.
b.
Color. Exposed antennas and antenna enclosures shall match the
color specifications of the utility pole or the wireless support structure.
2.
Associated Pole Equipment. Any equipment attached to a pole
as part of a small wireless facility shall be of the same or similar
color as the pole on which it is attached. To the extent possible,
any wires, fiber-optic cable, coaxial cable or any other cables associated
with the collocation of a small wireless antenna running from any
associated equipment, both pole mounted and ground mounted, shall
run on the interior of the pole. If running any wires, fiber-optic
cable, coaxial cable, or any other cable on the interior of the pole
is not possible then said wires and cables shall either be located
within a cylindrical tubing of the same or similar color as the pole
and mount flush against the pole or be of the same or similar color
as the pole on which they are attached and mounted flush against the
pole or in any other matter which would reasonably conceal them. The
director, in their discretion, may require additional concealment
requirements, including the attachment of banners or signs on either
side of any associated pole equipment.
3.
Associated Ground Equipment. All associated ground equipment mounted as part of a small wireless facility deployment shall be placed to the greatest extent possible in an area so as to minimize its visual intrusiveness and detrimental effect to the legal use of the right-of-way. All associated ground equipment shall be located within a green cabinet or enclosure or any other color cabinet or enclosure that would minimize visual intrusiveness and conceal the associated ground equipment. To the extent possible, ground mounted equipment that is located within a cabinet or enclosure should be placed in vaults. If the owner demonstrates to the Director, and the Director determines that there is good cause for why the equipment cannot reside in a vault, the equipment must be placed in above ground cabinets that conform to Section 505.340(J). The land owner, assigns, or successors in interest shall be responsible for the maintenance of the landscape screening installed.
4.
New And Replacement Poles. New and replacement streetlight or upright poles used for small cell sites shall follow the requirements set forth in Section 406.020(D)(3)(h). The pole color will be silver or grey unless the corridor has special colored poles. The small cell sites shall match other metal poles in the area.
[Ord. No. 4882, 1-21-2020]
C.
Decorative Poles. Any applicant seeking to replace a decorative pole
for the purpose of collocating a small wireless facility shall replace
said decorative pole with a pole conforming to the design aesthetics
of the decorative pole being replaced. Conformance to the design aesthetics
of the decorative pole means, that any replacement pole shall at a
minimum be of the same or similar design as the decorative pole, contain
the same or similar decorative elements of the original decorative
pole, be of the same color as the original decorative pole and other
decorative poles in the area and that the small wireless facility
collocated on the replacement decorative pole be the same color as
the decorative pole and the replacement decorative pole.
D.
Indemnification, Insurance, Performance Bond.
1.
Indemnification. Wireless providers shall indemnify and hold
the City, its officers, and employees harmless against any damage
or personal injury caused by the negligence of the wireless provider
or its employees, agents, or contractors.
2.
Insurance. As part of any permit issued by the City under this
Article, an applicant must provide proof of liability insurance coverage,
prior to the effective date of any permit issued, against any damage
or personal injury caused by the negligence of the wireless provider
or its employees, agents, or contractors in an amount no less than
the amount provided for in Section 537.210, RSMo. If the applicant
is self-insured, the applicant must submit to the City proof of self-insurance
in a comparable amount to the insurance referenced in the previous
sentence.
3.
Performance Bond.
a.
An applicant for a permit under this Article shall post a performance
bond of one thousand five hundred dollars ($1,500.00) per small wireless
facility not to exceed seventy-five thousand dollars ($75,000.00)
for all small wireless facilities deployed by the applicant. The performance
bond shall be used to:
(1)
Provide for the removal of abandoned or improperly
maintained small wireless facilities, including those that the City
determines need to be removed to protect public health, safety, or
welfare;
(2)
Restore the right-of-way in connection with removals;
(3)
Recoup rates or fees that have not been paid by
a wireless provider in over twelve (12) months, provided the wireless
provider has had notice and an opportunity to cure.
b.
Upon completion of the work associated with the permit to the
satisfaction of the director, the director shall eliminate the bond
or reduce its amount after a time appropriate to determine whether
the work performed was satisfactory, which time shall be established
by the director.
c.
Recovery by the City for any amounts under the performance bond
required by this Article does not limit an applicant's duty to
indemnify the City in any way, nor shall such recovery relieve an
applicant of its obligations under a permit or reduce amounts owed
to the City other than by the amounts recovered by the City under
the performance bond, or in any respect prevent the City from exercising
any other right or remedy it may have.
d.
Applicants that have at least twenty-five million dollars ($25,000,000.00)
in assets in the State and do not have a history of permitting non-compliance
within the City's jurisdiction shall be exempt from the insurance
and bonding requirements otherwise authorized by this Subsection.
E.
Relocation Of Facilities. Whenever, in the interest of public safety
and convenience, the City may require a wireless provider relocate,
move, alter, change, adapt, or conform the underground or above ground
facilities of a wireless provider, the wireless provider shall make
the alterations or changes as soon as practicable after being so ordered
in writing by the City without claim for reimbursement or damages
against the City.
F.
Calculation Of Time. Unless otherwise indicated, when the performance
or doing of any act, duty, matter, or payment is required under this
Article or any permit, and a period of time is prescribed and is fixed
herein, the time shall be computed so as to exclude the first and
include the last day of the prescribed or fixed period of time.
G.
Construction Standards. All requirements of this Article shall apply
to the construction, modification, and maintenance of small wireless
facilities and are reincorporated herein as building code requirements
to the extent permitted by law. The construction, operation, maintenance,
and repair of small wireless facilities shall be in accordance with
applicable codes. All small wireless facilities shall be installed
and located with due regard to minimizing interference with the public
and with other users of the right-of-way including the City. An applicant
shall not place small wireless facilities or obstruct or hinder the
various utility serving the residents and businesses in the City of
their use of any right-of-way. Any and all right-of-way disturbed
or damaged during the small wireless facilities work shall be promptly
repaired or replaced by the applicant to its previous condition. Any
wireless infrastructure provider, contractor or subcontractor must
be properly licensed under laws of the State and all applicable local
ordinances. Each wireless infrastructure provider, contractor or subcontractor
shall have the same obligations with respect to its work as wireless
services provider would have hereunder and applicable laws if the
work were performed by the wireless services provider. The wireless
services provider shall be responsible for ensuring that the work
of wireless infrastructure providers, contractors or subcontractors
is performed consistent with their permits and applicable law, shall
be fully responsible for all acts or omissions of any wireless infrastructure
provider, contractor or subcontractor, and shall be responsible for
promptly correcting any acts or omissions by a wireless infrastructure
provider, contractor or subcontractor.
H.
Location. Small wireless facilities and utility poles shall be installed
and maintained so as not to materially obstruct or hinder the usual
travel or public safety on the right-of-way or materially obstruct
the legal use of the right-of-way by the City or other authorized
right-of-way users.
I.
Replacement. The City may require an applicant to replace a utility
pole on a non-discriminatory basis for reasons of safety and reliability.
J.
Retained Zoning Authority. Where authorized by applicable law the
City may require that an applicant under this Article receive all
zoning approvals necessary or required by the zoning ordinance of
the City.
K.
Deemed Approved Facilities. Should the City fail to act with the
time required by applicable law, any small wireless facility collocated
on an existing structure or any installation, modification, or replacement
of a utility pole shall be done in compliance with each and every
provision of this Article.
[Ord. No. 4834, 6-17-2019]
A.
Applications. Applications for a permit to collocate a small wireless
facility on a utility pole or a permit for the installation, modification,
or replacement of a utility pole shall be filed on such forms as required
by the director and accompanied by the appropriate deposit as stated
below. Applications are to be processed subject to the requirements
of and in the manner and timeframe as otherwise established in this
Article and subject to the applicable time frames imposed by applicable
law. Applications requesting any information that is prohibited by
Federal or State law under the applicable circumstance shall be deemed
inapplicable to the subject application.
1.
Collocation Application Fee. An application for a permit to
collocate a small wireless facility on a utility pole shall be accompanied
by a deposit of one hundred dollars ($100.00) for each small wireless
facility the applicant seeks to collocate on a utility pole.
2.
Installation, Modification, Replacement Fee. Applications for
a permit to install, modify, or replace a utility pole shall be accompanied
by a deposit of five hundred dollars ($500.00) for each installation,
modification, or replacement sought by the applicant.
B.
Pre-Application Meeting. Before any application is made, the applicant
is encouraged to meet with the director to discuss, in general, the
procedures and requirements for a permit request under this Section.
C.
Application Process.
1.
Form; Deficiency Notice. Any application under this Section
shall be submitted on forms in accordance with the above to the director
for a determination of completeness. Within the time prescribed by
law of the receipt of an application, or such longer or other review
times allowed by applicable law, the director shall review the application
and identify any ways in which the application is not complete and
provide the applicant with a written explanation of the deficiencies
with citation to the Code or Statutes requiring such deficient item.
2.
New Application. Given the various time restrictions applicable
to approvals under applicable law, any modification of an application
other than to correct incompleteness may be denied by the director
if the change is material or presents difficulty in completing review
of the modified application within the established review time. In
such circumstance, the modified application must be resubmitted as
a new application and the original application shall be deemed withdrawn.
3.
Approval Or Denial. The City shall approve or deny the application
to collocate a small wireless facility or the application for the
installation, modification, or replacement of a utility within the
timeframes provided by applicable law.
D.
Application Contents. An application for a permit under this Section
shall contain, at a minimum, the following information:
1.
Site-specific structural integrity and make-ready analysis prepared
by a structural engineer. The make-ready analysis shall include plans
and detailed cost estimates for any make-ready work as needed. Any
cost associated with the make-ready work shall be the sole responsibility
of the applicant.
2.
The location where each proposed small wireless facility or
utility pole would be installed and photographs of the location and
its immediate surroundings depicting the utility poles or structures
on which each proposed small wireless facility would be mounted or
location where utility poles or structures would be installed. The
photographs shall include a digital photo simulation of the proposed
location providing "before and after" views demonstrating the impact
of the proposed wireless facilities on the surrounding environment,
including the right-of-way if applicable.
3.
The equipment type and model numbers of the antennas and all
other wireless equipment associated with the small wireless facility.
4.
An attestation that the small wireless facility complies with the volumetric limitations set forth in Section 505.711.
5.
Applicable indemnity, insurance, and performance bond information as required by Section 505.712(D).
6.
An applicant that is not a wireless services provider must provide
evidence of agreements or plans that demonstrate that the small wireless
facility will be operational for use within one (1) year after the
permit for the applicable small wireless facility is issued, unless
the City and applicant agree to extend this period in writing or if
delay is caused by a lack of commercial power or communications transport
facilities to the site and the applicant notifies the City in writing.
The non-wireless service provider applicant must provide the above
information by attestation, attached to the applicable application.
7.
A projected commencement and termination date of the work proposed
under the permit. If said dates are not known at the time of the application,
then any permit holder shall provide the director advanced, written
notice of such dates once determined.
8.
Any information necessary to establish that the proposed collocation of the small wireless facility meets the concealment requirements of Section 505.712(B).
9.
Any information necessary to determine that the collocation meets the height restrictions of Section 505.712(A).
10.
In the event that the proposed small wireless facility is to
be attached to an existing utility pole owned by an entity other than
the City, the wireless provider shall provide legally competent evidence
of the consent of the owners of such pole to the proposed collocation.
11.
Any other information deemed to be relevant by the director.
E.
Consolidated Applications.
1.
An applicant may file a consolidated application and receive
a single permit for the collocation of multiple small wireless facilities.
An application may include up to twenty (20) separate small wireless
facilities, provided that they are for the same or materially same
design of small wireless facility being collocated on the same or
materially the same type of utility or wireless support structure
and all the collocations are geographically proximate. The denial
of one (1) or more small wireless facilities in a consolidated application
shall not delay the processing of any other small wireless facilities
in the same batch;
2.
If the City receives individual applications for approval of
more than fifty (50) small wireless facilities or consolidated applications
for approval of more than seventy-five (75) small wireless facilities
within a fourteen-day period, whether from a single applicant or multiple
applicants, the City may, upon its own request, obtain an automatic
thirty-day extension for any additional collocation or replacement
or installation application submitted during that fourteen-day period
or in the fourteen-day period immediately following the prior fourteen-day
period. The City will promptly communicate its request to each and
any affected applicant.
F.
Make-Ready Work. The City shall provide a good faith estimate for
any make-ready work necessary to enable a pole to support the requested
collocation by a wireless provider, including pole replacement if
necessary, within the timeframe provided by applicable law. Make-ready
work, including any pole replacement, shall be completed within the
timeframe provided by applicable law.
G.
Rate For Collocation. If an application for the collocation of a
small wireless facility is approved, the wireless provider shall pay
to the City one hundred fifty dollars ($150.00) per year per small
wireless facility collocated on an authority pole.
[Ord. No. 4834, 6-17-2019]
A.
Reasons. The City may deny a proposed collocation of a small wireless
facility or installation, modification, or replacement of a utility
pole if the action proposed in the application submitted to the director
could reasonably be expected to:
1.
Materially interfere with the safe operation of traffic control
equipment or City-owned communications equipment;
2.
Materially interfere with sight lines or clear zones for transportation,
pedestrians, or non-motorized vehicles;
3.
Materially interfere with compliance with the American Disability
Act, 42 U.S.C. Sections 1201 to 12213, or similar Federal or State
standards regarding pedestrian access or movement;
4.
Materially obstruct or hinder the usual travel or public safety
on the right-of-way;
5.
Materially obstruct the legal use of the right-of-way by an
authority, utility or another third party;
6.
Fail to comply with the spacing requirement set forth in Section 505.410(C);
7.
Fail to comply with applicable Codes, including nationally recognized
engineering standards for utility poles or wireless support structures;
8.
Fail to comply with the reasonably objective and documented
aesthetics of a decorative pole and the applicant does not agree to
pay to match the applicable decorative elements;
9.
Fail to comply with undergrounding requirements as of January
1, 2018, or any new undergrounding requirements for new developments;
or
10.
Any other reason as allowed by applicable State or Federal law.
B.
Denial. The City shall document the complete basis for the denial,
in writing, supported by substantial evidence contained in a written
record, and send said denial and any accompanying documentation to
the applicant on the day the authority denies the application. The
applicant may cure the deficiencies identified by the City and resubmit
the application within the time-line provided for in applicable law
without paying an additional application fee.
[Ord. No. 4834, 6-17-2019]
A.
General Conditions. Small wireless facilities meeting the below,
additional requirements and all other requirements of this Article
may be authorized to be collocated with the approval of the director
on an expedited twenty-day time frame subject to the following additional
requirements:
1.
Only one (1) small wireless facility shall be permitted per
structure in the rights-of-way;
2.
The small wireless antenna and associated pole equipment shall
be of the same or similar color as the pole on which it is to be attached;
3.
All wires and cables associated with the small wireless facility
shall be installed on the interior of the pole;
4.
No associated ground equipment shall be authorized;
5.
No small wireless facility shall be located in a manner which
obstructs or causes a safety concern for vehicle or pedestrian traffic;
and
6.
If the proposed structure the applicant proposes to locate its
small wireless facility on is not structurally sound, but the director
finds such to be a desired location, the director can require the
applicant to install a new substantially similar structure at its
cost.
B.
New Or Replacements Poles. An applicant applying for approval of
the siting of a small wireless facility under this Section may request
or require that a new or replacement utility pole may be located as
part of such deployment subject to the following additional requirements:
C.
Application Fee. The application fee for the collocation of a small
wireless facility under this Section shall be seventy-five dollars
($75.00). The application fee for a new or replacement utility pole
under this Section shall be four hundred dollars ($400.00).
D.
Rate For Collocation. The rate for collocating a small wireless facility
under this Section shall be one hundred dollars ($100.00) per small
wireless facility collocated on an authority pole.
E.
Consolidated Applications. An applicant may file a consolidated application
under this Section regarding the collocation of twenty (20) small
wireless facilities so long as the proposed small wireless facilities
and any new or replacement utility poles are of the same design.
F.
Director's Discretion. Approval of small wireless facilities under this Section shall be at the discretion of the director following the requirements and criteria stated in this Section, this Article or Chapter 505 generally. Any application under this Section may be denied by the director if the application fails to meet any of the requirements of this Section or any of the requirements of this Article. This Section shall not be available to small cell wireless facility deployment within the Historic Overlay District. The director may authorize the use of the fast-track process for small wireless facilities that do not strictly comply with the requirements of this Section as long as said small wireless facilities comply with the intent and purpose of this Section.
