[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:
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.
A dedicated right-of-way, other than a street, that affords
a secondary means of access to abutting property.
Communications equipment that transmits or receives radio
electromagnetic signals in the provision of wireless service.
A request submitted to the City for:
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.
The City of Parsons, Kansas.
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.
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.
Any portion or component of the network located in, along,
over, upon, under, or through the public right-of-way.
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.
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.
A wireless facility that meets both of the following qualifications:
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
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.
A collection of interrelated small cell facilities designed
to deliver wireless service.
A public thoroughfare used, or intended to be used, for passage
or travel by motor vehicles.
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).
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.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including, but
not limited to:
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
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies and comparable equipment, regardless
of technological configuration.
Any person that builds or installs transmission equipment,
wireless facilities or wireless support structures but that is not
a wireless services provider.
A provider of 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.
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:
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.
