[HISTORY: Adopted by the City Commission of the City of Parsons as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-2019 by Ord. No. 6451]
For purposes of this article, the following words and phrases shall have the following meanings:
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless facility or wireless support structure, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
ALLEY
A dedicated right-of-way, other than a street, that affords a secondary means of access to abutting property.
ANTENNA
Communications equipment that transmits or receives radio electromagnetic signals in the provision of wireless service.
APPLICATION
A request submitted to the City for:
A. 
The construction of a new wireless support structure or new wireless facility;
B. 
The substantial modification of a wireless support structure or wireless facility; or
C. 
Co-location of a wireless facility or replacement of a wireless facility.
CANTENNA
A structural, weatherproof enclosure that protects an antenna. The cantenna is constructed of material that minimally attenuates the electromagnetic signal transmitted or received by the antenna. Cantennas protect antenna surfaces from weather and/or conceal antenna accessory equipment from public view.
CITY
The City of Parsons, Kansas.
CO-LOCATION; CO-LOCATE
The mounting or installation of wireless facilities on a building, structure, wireless support structure, tower, utility pole, base station or existing structure for the purposes of transmitting or receiving radio frequency signals for communication purposes.
ENCLOSURE
A cabinet, box, or shroud for antennas or accessory equipment, intended to conceal its contents, prevent electrical shock to users, and protect the contents from the environment.
FACILITY or FACILITIES
Any portion or component of the network located in, along, over, upon, under, or through the public right-of-way.
NETWORK
A wireless service provider's wireless facilities or small cell facilities, including the antenna, poles, accessory equipment, enclosures, wireless support structures, underground and aboveground fiber-optic cable, wires, lines, fiber enclosures, fiber repeaters and related equipment and appurtenances, and similar facilities and appurtenances, designed, constructed or occupied for the purpose of producing, receiving, amplifying or distributing wireless services to or from locations within the City.
RIGHT-OF-WAY
Only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include any state, federal or interstate highway right-of-way, which generally includes the area that runs contiguous to, parallel with, and is generally equidistant from the center of that portion of the highway improved, designed or ordinarily used for public travel.
SMALL CELL FACILITY
A wireless facility that meets both of the following qualifications:
A. 
Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of not more than six cubic feet; and
B. 
Primary equipment enclosures that are no larger than 17 cubic feet in volume, or facilities comprised of such higher limits as the Federal Communications Commission has excluded from review pursuant to 54 U.S.C. § 306108. Associated equipment may be located outside the primary equipment, and if so located, is not to be included in the calculation of equipment volume. Associated equipment includes, but is not limited to, any electric meter, concealment, telecommunications demarcation box, ground-based enclosures, backup power systems, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services.
SMALL CELL NETWORK
A collection of interrelated small cell facilities designed to deliver wireless service.
STREET
A public thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
SUBSTANTIAL MODIFICATION
A proposed modification to an existing wireless support structure that will substantially change the physical dimensions of the wireless support structure under the objective standard for substantial change established by the FCC in 47 C.F.R. 1.40001(b)(7).
UTILITY POLE
A structure owned or operated by a public utility as defined in K.S.A. § 66-104, and amendments thereto, a municipality as defined in K.S.A. § 75-6102, and amendments thereto, or an electric cooperative as defined in K.S.A. 2019 Supp. 17-4652, and amendments thereto, that is designed specifically for and used to carry lines, cables or wires for telecommunications, cable, electricity or to provide lighting.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including, but not limited to:
A. 
Equipment associated with wireless services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and
B. 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.
WIRELESS INFRASTRUCTURE PROVIDER
Any person that builds or installs transmission equipment, wireless facilities or wireless support structures but that is not a wireless services provider.
WIRELESS SERVICE PROVIDER
A provider of wireless services.
WIRELESS SERVICES
"Personal wireless services" and "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities or any fixed or mobile wireless services provided using wireless facilities.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a monopole, guyed or self-supporting tower or other suitable existing or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" shall not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.
This article applies to the placement of small cell facilities in the right-of-way by any wireless service provider or wireless infrastructure provider, whether authorized by a small cell deployment agreement or a master license agreement, permit or ordinance.
A. 
Site plans and structural calculations. The applicant must submit fully dimensioned and to-scale site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a professional engineer licensed and registered by the State of Kansas. Drawings must depict any existing wireless facilities on the wireless support structures, with all existing transmission equipment identified; and the proposed small cell facility, with all proposed transmission equipment and other improvements.
B. 
Equipment specifications. For all components of the small cell facilities, wireless support structures, and accessory equipment depicted on the plans, the applicant must include, if applicable:
(1) 
Physical dimensions, including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware;
(2) 
Technical rendering of all external components, including enclosures and all attachment hardware.
C. 
Approvals required. Construction may only occur after receiving all applicable permits of general applicability from the City [e.g., utility and/or excavation permit(s)], and the City's approval of the specific application. The City shall process and approve (or deny) applications within the time frames prescribed by applicable laws and subject to the limitations of applicable laws.
D. 
Removal of existing street furniture, trees or other City infrastructure. No proposed small cell facility installation may cause or result in the removal of any existing City infrastructure, without the express written permission of and compensation to the City.
E. 
Removal due to public project and other causes. If requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety and welfare of the public, a wireless services provider or wireless infrastructure provider shall relocate or adjust its facilities within the public right-of-way at no cost to the City, as long as such request similarly binds all users of such right-of-way. Such relocation or adjustment shall be completed as soon as reasonably possible within the time set forth in any written request by the City for such relocation or adjustment, as long as the City provides the wireless services provider or wireless infrastructure provider with a minimum of 180 days' advance written notice to comply with such relocation or adjustment, unless circumstances beyond the City's control require a shorter period of advance notice. If any such relocation or adjustment is for private benefit, the provider shall not bear the cost of the relocation or adjustment to the extent of such private benefit, and the provider shall not be obligated to commence the relocation or adjustment until receipt of funds for such relocation or adjustment. The provider shall have no liability for any delays caused by a failure to receive funds for the cost of such relocation or adjustment, and the City shall have no obligation to collect such funds.
F. 
Fees. Unless already provided pursuant to a separate agreement with the City, the application will be accompanied by the following fees, as applicable:
(1) 
For a new pole that is used as a wireless support structure that is not a co-location: a fee of $1,000;
(2) 
For an application that includes up to five co-locations of small cell facilities: a fee of $500; for an application of six or more co-locations of small cell facilities: an additional fee of $100 for each co-location beyond five;
(3) 
For each small cell facility attached to a City-owned or -controlled pole or other City-owned structure located in the right-of-way: an annual fee of $270 for each year the small cell facility is attached to the City-owned pole or structure; and
(4) 
Reimbursement of additional, reasonable costs the City incurs, if such costs are specifically related to and caused by the applicant's specific deployment, subject to the limitations of applicable law, including FCC 18-133.
A. 
General location criteria. Small cell facilities shall be placed:
(1) 
So as not to create an adverse obstruction to pedestrian and vehicular sight lines along a street or alley.
(2) 
Between properties in residential areas at the common property line and not in front of a house; in commercial and industrial areas, at the common property line between properties whenever possible.
(3) 
On corner lots or through lots, on the secondary street frontage when possible if no alley exists.
(4) 
So as to avoid material interference with existing utilities and infrastructure.
(5) 
Preferably equidistant from adjacent poles.
(6) 
Such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian, bicycle, or vehicular travel, or interfere with the operation and maintenance of signal lights, signage, streetlights, street furniture, fire hydrants, trees and landscaping, the operation or maintenance of underground utilities, or business district maintenance.
(7) 
Small cell facilities shall be located out of the drip zone of street trees to prevent disturbance within the critical root zone.
B. 
Obstructions. Any new wireless support structure and/or accessory equipment, and other improvements associated with the placement of small cell facilities, must not obstruct any:
(1) 
Access to any aboveground or underground infrastructure for pedestrian and/or traffic control signals, lighting, signage, streetlights, public transportation, irrigation, parking meters, barricades or bollards, bike racks, benches, trash bins, or any other public street furniture.
(2) 
Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including bus stops, streetcar stops, and bike share stations).
(3) 
Intersection sight distances as required by the American Association of State and Highway Transportation Officials (AASHTO), latest addition adopted by the City, or as may be required by the City Engineer.
(4) 
Access to aboveground or underground infrastructure owned or operated by any public or private utility.
(5) 
Fire hydrant access.
(6) 
Access to any doors, gates, stoops or other ingress and egress points to any building appurtenant to the right-of-way.
(7) 
Access to any fire escape.
(8) 
Access or right of travel along any sidewalk, pathway, trail, street or alley, by any pedestrian, bicycle, or vehicle, as applicable.
C. 
Maintenance and repair. The applicant is responsible for maintaining its personal property in the right-of-way associated with its small cell facilities, including, but not limited to, wireless support structures, accessory equipment and all other components of its network, in a condition that conforms to the requirements of this article. This responsibility includes regular maintenance, periodic repainting, and timely repairs or equipment replacement in the event of damage.
D. 
Abandonment. Any small cell facility that is not operated for a continuous period of 90 days after completion of initial installation, excluding nonoperation due to a natural disaster or other unforeseeable circumstance or temporary equipment failure, shall be considered abandoned. If a small cell facility is abandoned, the small wireless facility owner shall notify the City within 30 days of the abandoned status of such facility, and such owner shall remove the abandoned facility.
A. 
Applicability. A particular requirement of the aesthetic standards may be waived if the applicant provides demonstrative proof as to why such requirement is not feasible.
B. 
Alley placement preferred and encouraged. Within the grid-street areas of the City that incorporate alleys, placement within the alleys is strongly encouraged. The aesthetic standards in this section will be waived for small cell facilities placed in the alleys, unless the particular alley is located in a redevelopment area and has separate aesthetic standards in effect at the time of application which pertain to such alleys.
C. 
Co-location requirements.
(1) 
Accessory equipment.
(a) 
Internal installation. All accessory equipment and cabling shall be installed within an existing or new pole when technologically feasible. Any accessory equipment installed within a pole may not protrude from the pole except to the extent reasonably necessary.
(b) 
External shrouding. If technically feasible, the antenna should be contained in a cantenna, and any other equipment, wiring and cabling shall be contained in enclosures, when not feasible to be internally contained in the pole.
(c) 
Electrical and data service lines to poles. Service lines for power and data must be underground in all neighborhoods where power and other utility lines are underground. Service lines are encouraged to be underground in other areas of the City whenever possible to avoid additional overhead lines. For hollow poles, underground cables and wires must transition directly into the pole base without external junction boxes.
(d) 
Sidearm or offset installations. The furthest point of the enclosure shall not extend more than 18 inches from the pole.
(e) 
Conduits. If technically feasible, all cables shall be installed inside the pole, except that flush-mounted conduit shall be used on wooden poles.
(f) 
Hardware attachments. All hardware attachments should be hidden. Welding onto existing equipment is not permitted.
(g) 
Color. Unless the placement is in a location where a specific streetscape color scheme has been established for light poles and other street furniture, the wireless support structure and all associated external accessory equipment shall be painted to reasonably match, using a flat "go-away" green color approved by the City that minimizes glare and visibility. Paint should be powder-coated or incorporated in the pole material. On wood poles, visible attachments and hardware shall be painted a flat nonglare grey.
(h) 
Antennas. The antenna should be top-mounted and concealed within a cantenna that also conceals the cable connections, antenna mount and other hardware, whenever technically feasible. When such concealment within the cantenna is unfeasible or impossible, the antenna and all cable should be shrouded from view, if technically feasible. GPS antennas, if needed, must be placed within the cantenna or directly above the cantenna not to exceed six inches. The cantenna or side-mounted antenna and GPS antenna must be nonreflective and painted or otherwise reasonably colored to reasonably match the pole.
(i) 
Cantennas. Cantennas must be mounted directly on top of the pole, unless a sidearm or offset installation is required by the owner of an existing pole. A tapered transition between the upper pole and cantenna is required to shroud all cabling.
(j) 
Ground-mounted enclosures: must follow applicable City ordinances (of general applicability that do not apply exclusively to wireless facilities) for ground-mounted enclosures and be attached to a concrete foundation. The maximum acceptable dimensions of ground-mounted enclosures is 30 inches wide by 30 inches deep by four feet high. Ground-mounted enclosures must be installed flush to the ground and must match the color of the corresponding pole. Ground-mounted accessory equipment on sidewalks must not interfere with the flow of pedestrian traffic and must conform to the Americans With Disabilities Act (ADA) in regard to appropriate unobstructed sidewalk dimensions. No more than one enclosure is permitted per pole.
(k) 
Pole-mounted enclosures. The lowest point may not be lower than 10 feet above the grade of the ground on which the pole is located. It is preferred that the enclosure be mounted flush to the pole. Standoff mounts are permitted for the enclosure but may not exceed six inches and must include metal shrouding to conceal the space between the shroud and the pole.
(l) 
Height of installations on existing poles. Co-location on existing poles has no height limitation beyond the added height of the cantenna.
D. 
New and replacement poles.
(1) 
Pole material and style. New wood poles are only permitted in alleys that have no applicable aesthetic standards in effect at the time of application. All other new and replacement poles shall be hollow metal, fiberglass or a similar composite material that is structurally designed and certified for the intended use, and generally round or octagonal, and designed for internal cabling. Applicants placing new poles in designated redevelopment areas that have an established streetscape style and color for light poles and other poles shall coordinate with the City to match the established character, style, height and color, as is reasonably feasible.
(2) 
Height. New wireless support structures shall not exceed the greater of: 50 feet in height; or 10% higher than the height of adjacent structures; or as otherwise prescribed by federal law.
(3) 
Poles with additional features.