No person, without the written authority of the Mayor and Town
Council, shall change the grade of any parking, or pave or cover any
portion thereof, or construct any walls, steps, coping, fences or
other structures thereon, and every day such changing of grade, paving
or covering thereof, or said walls, steps, coping, fencing or other
structures thereon, shall remain or continue shall constitute and
be a separate offense.
It shall be unlawful for any person to operate over or park
upon any of the improved streets, roads, highways or curbs within
the limits of the Town of Edmonston any vehicle so constructed or
equipped as to cause any unusual amount of damage to streets, roads,
highways or curbs, or to operate over or park upon such streets, roads,
highways or curbs any wagon, truck, road engine, traction engine or
other vehicle equipped with metal tires or treads, having upon the
wheels any clamps, spikes, ribs or other devices which may cut into
or injure the road surface or curbs, or to operate over or park upon
such highways any wagon or vehicle of any kind equipped with a rough
lock or similar device under one or more of the wheels or treads thereof
in such manner as to cut into or injure the road surface or curbs.
No person shall tunnel under the roadway or any street or sidewalk
or the surface of any improved street or alley without special permission
from the Mayor and Town Council of Edmonston.
It shall be unlawful within the corporate limits of the Town
of Edmonston for any person or corporation to construct any driveway
from a public street or alley to the property of such person or corporation
over any sidewalk of the Town of Edmonston, except upon plans submitted
to the Mayor and Town Council and approved by them, or submitted to
and approved by any agent or officer of the Town duly appointed for
that purpose by the Mayor and Town Council.
It shall be unlawful for any electric light company, telephone
company or telegraph company to erect any poles or relocate any poles
within the Town of Edmonston without first obtaining a permit for
that purpose from the Mayor and Town Council. Such permit shall show
the location of such pole and may refer to a stake previously placed
to identify the location. All such permits shall be issued without
charge.
It shall be unlawful for any person to remove, tamper, damage
or destroy any barrier, barricade, lantern or flare or sign indicating
that a street is closed.
It shall be unlawful for any person to interfere in any manner
with any improvement, any construction repairs or maintenance on any
street, highway or property of the Town of Edmonston.
No developer of any subdivision, property owner or any other
person shall grade, repair, construct or improve any street, alley
or public highway or any part thereof within the corporate limits
of the Town of Edmonston without first obtaining permission from the
Mayor and Town Council to perform such work. Any work of the nature
and description herein outlined shall, after a permit from the Mayor
and Town Council is obtained, be performed strictly in accordance
with the established standards and specifications supplied by the
Engineer for the Town of Edmonston and shall also be strictly in accordance
with such standards as may be heretofore or hereafter established
by the county.
It shall be unlawful for any person to place or leave any merchandise
or other article upon any street or sidewalk in the Town so as to
interfere with the full and free use of any part of such street or
sidewalk by the public, except temporarily while in the course of
delivery or removal when it is reasonably necessary.
It shall be unlawful for any person to wash any car or other
vehicle in any manner that constitutes a nuisance (i.e., obstruction
of the roadway) on the public streets of the Town of Edmonston or
on the public right-of-way of such street or sidewalk.
[Added 3-13-2019 by Ord.
No. 2019-OR-01]
Terms used in this article shall have the following meanings:
ANTENNA
An apparatus designed to emit radio frequency (RF) and operate
from a fixed location to provide wireless services.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when collocated on a structure, is mounted
or installed at the same time as such antenna.
APPLICABLE LAWS/CODES
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent that such codes have been adopted by the Town, including
any amendments adopted by the Town, or otherwise are applicable in
the jurisdiction. The term includes the regulations of the Federal
Communications Commission and the Occupational Safety and Health Administration
as well as any local standards or regulations governing the use of
rights-of-way.
APPLICANT
A person filing an application for placement or modification
of a wireless telecommunications facility in the rights-of-way.
APPLICATION
A formal request, including all required and requested documentation
and information submitted by an applicant to the Town for a wireless
placement permit.
BASE STATION
The term shall have the same meaning as in 47 CFR 1.40001.
CERTIFICATE OF COMPLETION
A document that is required from and issued by the Town confirming
that all work described in the application, as approved:
A.
Was properly permitted, including, without limitation, all required
permits for building, electrical work, street or curb cutting, and
excavation;
B.
Was done in compliance with and in fulfillment of all conditions
of all permits, including all stated deadlines;
C.
Was fully constructed and/or placed as approved and permitted;
and
D.
Was finally inspected by the Town, and was approved by the Town
after said final inspection.
COLLOCATE
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, an existing tower,
or on an existing pole to which a small wireless facility is attached
at the time of the application. "Collocation" has a corresponding
meaning.
MAKE-READY WORK
Work that an authority reasonably determines to be required
to accommodate a wireless infrastructure provider's installation
under this chapter and to comply with all applicable standards. The
work may include, but is not limited to, repair, rearrangement, replacement
and construction of pole; inspections; engineering work and certification;
permitting work; tree trimming (other than tree trimming performed
for normal maintenance purposes); site preparation; and electrical
power configuration. The term does not include a wireless infrastructure
provider's routine maintenance.
MICRO WIRELESS FACILITY
A small wireless facility having dimensions no larger than
24 inches in length, 15 inches in width and 12 inches in height and
an exterior antenna, if any, no longer than 11 inches.
RIGHTS-OF-WAY
The term includes any portion of any street, road or public
way which the Town has the responsibility to maintain or manage.
SMALL WIRELESS FACILITY
Consistent with Subpart U, Part 1, of Title 47, State and
Local Government Regulation of the Placement, Construction, and Modification
of Personal Wireless Service Facilities, a facility that meets each
of the following conditions:
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 10% above its preexisting
height as a result of the collocation of new antenna facilities; and
B.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration;
E.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
federal law.
TOWER
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or -authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services, such as microwave backhaul, and the associated
site. This definition does not include utility poles.
UTILITY POLE
A structure in the rights-of-way designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
WIRELESS INFRASTRUCTURE PROVIDER
A person that owns, controls, operates or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
WIRELESS PERMIT
A permit issued pursuant to this chapter and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the rights-of-way; and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
WIRELESS TELECOMMUNICATIONS FACILITY OR FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including without
limitation radio transceivers, antennas, base station, underground
wiring, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The Town may negotiate agreements for use of Town-owned or -controlled
light standards and traffic signals in the public rights-of-way for
placement of wireless telecommunications facilities on those structures.
The agreement shall specify the compensation to the Town for use of
the structures. The person seeking the agreement shall additionally
reimburse the Town for all costs the Town incurs in connection with
its review of and action upon the person's request for an agreement.
A wireless infrastructure provider shall be required to promptly:
A. Repair any damage to the public right-of-way or any damages to facilities
in the right-of-way directly caused by the activities of the wireless
infrastructure provider and return the right-of-way to the right-of-way's
condition prior to the damages caused by the wireless infrastructure
provider.
B. Remove and relocate the permitted small cell facility and/or wireless
support structure at the wireless infrastructure provider's sole
expense to accommodate construction of a public improvement project
by the Town. If the wireless infrastructure provider fails to remove
or relocate the small cell facility and/or wireless support structure
or portion thereof as requested by the Town within 120 days of the
Town's notice, then the Town shall be entitled to remove the
small cell facility and/or wireless support structure, or portion
thereof at the wireless infrastructure provider's sole cost and
expense, without further notice to the wireless infrastructure provider.
The wireless infrastructure provider shall, within 30 days following
issuance of invoice for the same, reimburse the Town for its reasonable
expenses incurred in the removal (including, without limitation, overhead
and storage expenses) of the small cell facilities and/or wireless
support structure, or portion thereof.
C. At its sole cost and expense, promptly disconnect, remove, or relocate
the applicable small cell facility and/or wireless support structure
within the time frame and in the manner required by the Town if the
Town reasonably determines that the disconnection, removal, or relocation
of any part of a small cell facility and/or wireless support structure
1) is necessary to protect the public health, safety, welfare, or
Town property, or 2) the wireless infrastructure provider fails to
obtain all applicable licenses, permits, and certifications required
by law for its small cell facility and/or wireless support structure.
If the Town reasonably determines that there is imminent danger to
the public, then the Town may immediately disconnect, remove, or relocate
the applicable small cell facility and/or wireless support structure
at the wireless infrastructure provider's sole cost and expense.
The following enumerations are the current fees and charges under this Article
II.
A. Application fee. Wireless communications facilities and related overhead
and underground wiring, cable, hoses, pipes and similar facilities:
(4) Actual cost to review applications, if in excess of set fees.
B. Access fee: $270 per small wireless facility per year.
A violation of any provision of this Article
II shall constitute a municipal infraction and is subject to a fine of $100 per day.