[Ord. No. 421, 1-13-2020]
To the extent permitted by law, this Article shall apply to
all persons desiring to construct, operate, or maintain small wireless
facilities within the City.
[Ord. No. 421, 1-13-2020]
For the purposes of this Article, the following terms, phrases,
words, and abbreviations shall have the meanings given herein, unless
otherwise expressly stated. When not inconsistent with the context,
words used in the present tense include the future tense and vice
versa, words in the plural number include the singular number and
vice versa, and masculine gender includes the feminine gender and
vice versa. The words "shall" and "will" are mandatory, and "may"
is permissive. Unless otherwise expressly stated or contrary to the
context, terms, phrases, words, and abbreviations not defined herein
shall be given the meanings set forth in § 67.5110-67.5121,
RSMo., and if not defined therein, the City Code, and, if not defined
therein, their common and ordinary meaning. For further convenience,
the first letter of terms, phrases, words, and abbreviations defined
in this Article have been capitalized, but an inadvertent failure
to capitalize such letter shall not affect its meaning, nor shall
the inadvertent capitalization of the first letter of a term, phrase,
word or abbreviation not defined herein affect the meaning thereof.
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.
State and Federal law and regulation applicable to the construction,
installation, deployment or co-location of wireless facilities and
utility poles, including those laws and regulations of general applicability
that do not apply exclusively to wireless facilities or wireless providers
such as local ordinances and State law relating to use of the right-of-way.
Any person who submits an application and is a wireless provider.
A request submitted by an applicant to the City for a permit
to co-locate 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, as defined below, owned, managed, or operated
by or on behalf of the City; except municipal electric utility distribution
poles 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.
A City utility pole that is specially designed and placed
for aesthetic purposes.
A one-time, nonrecurring charge.
A group of buildings, properties, or sites that are either
listed in the National Register of Historic Places or formally determined
eligible for listing by the keeper of the National Register, the individual
who has been delegated the authority by the Federal agency to list
properties and determine their eligibility for the National Register,
in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic
Agreement codified at 47 CFR Part 1, Appendix C, or are otherwise
located in a district made subject to special design standards adopted
by a local ordinance or under State law as of January 1, 2018, or
subsequently enacted for new developments.
A small wireless facility that meets the following qualifications:
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 written authorization from a designated City official required
by the City to co-locate small wireless facilities in or outside the
right-of-way, or to install, replace, maintain or operate a utility
pole inside the right-of-way for any purpose.
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.
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 co-location of small wireless facilities.
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 co-located;
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 Wi-Fi, 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 co-location of small wireless facilities. Such term
shall not include a utility pole.
A physical transmission path, all or part of which is within
the right-of-way, used for the transport of communication data by
wire from a wireless facility to a network.
[Ord. No. 421, 1-13-2020]
A.
Neither the City, nor any person owning, managing, or controlling
City utility poles, shall enter into an exclusive arrangement with
any person for use or management of the right-of-way for the co-location
of small wireless facilities or the installation, operation, marketing,
modification, maintenance, management, or replacement of City utility
poles within the right-of-way, or for the right to attach to such
City utility poles within the right-of-way.
B.
The City, in applying the provisions of this Article, will act in
a competitively neutral manner with regard to other users of the right-of-way.
C.
Nothing in this Article limits the ability of the City to require
an applicant to obtain one (1) or more permits of general applicability
that do not apply exclusively to wireless facilities in addition to
the permit required by this Article in order to co-locate a small
wireless facility or install a new, modified, or replacement utility
pole associated with a small wireless facility.
D.
The City may require a permit under applicable codes, existing City
ordinances, or this Article, with reasonable conditions, for work
in a right-of-way that will involve excavation, affect traffic patterns,
obstruct traffic in the right-of-way, or materially impede the use
of a sidewalk.
E.
A small wireless facility must comply with reasonable, objective,
and cost-effective concealment or safety requirements determined by
the City.
F.
Subject to Subsection (H) of Section 520.640 of this Article, and except for facilities excluded from evaluation for effects on historic properties under 47 CFR Section 1.1307(a) (4) of the Federal Communications Commission rules, the City may require reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures, published in advance, for small wireless facilities or utility poles placed in an historic district. Any such design or concealment measures shall not have the effect of prohibiting any wireless provider's technology, nor shall any such measures be considered a part of the small wireless facility for purposes of the size restrictions in the definition of small wireless facility.
G.
Right-of-way users, upon adequate notice and at the facility owner's
own expense, shall relocate facilities as may be needed in the interest
of public safety and convenience.
H.
Except as otherwise provided in this Article and applicable law,
in reviewing applications for small wireless facilities, wireless
support structures and utility poles, the City will exercise zoning,
land use, planning, and permitting authority within its territorial
boundaries.
I.
Nothing in this Article shall be interpreted to impose any new requirements
on cable providers for the provision of such service.
J.
Small wireless facilities or utility poles constructed or operational
before August 28, 2018, which were approved by the City by permit
or agreement may remain installed and be operated under the requirements
of this Article.
[Ord. No. 421, 1-13-2020]
A.
Permit Requirements - Inside The Right-Of-Way. Any person desiring
to co-locate small wireless facilities, or to install, replace, maintain
or operate a utility pole inside the right-of-way must first apply
for and obtain a permit, in addition to any other required permit,
license, or authorization that is generally applicable and does not
apply exclusively to wireless facilities.
1.
The co-location of small wireless facilities and the installation,
maintenance, modification, operation, and replacement of utility poles
along, across, upon, and under the right-of-way is not subject to
zoning review or approval; except that the placement of new or modified
utility poles in the right-of-way in areas zoned single-family residential
or as historic as of August 28, 2018, remain subject to any applicable
zoning requirements that are consistent with §§ 67.5090
to 67.5103, RSMo.
2.
Small wireless facilities and utility poles shall be installed
and maintained so as not to obstruct or hinder the usual travel, including
pedestrian travel, or public safety on the right-of-way or obstruct
the legal use of the right-of-way by the City or other authorized
right-of-way users.
3.
A new, replacement, or modified utility pole installed in the
right-of-way shall not be subject to zoning requirements so long as
the utility pole does not exceed the greater of ten (10) feet in height
above the tallest existing utility pole in place as of January 1,
2019, located within five hundred (500) feet of the new utility pole
in the same right-of-way, or fifty (50) feet above ground level. A
new, modified, or replacement utility pole that exceeds these height
limits shall be subject to applicable City zoning requirements that
apply to other utility poles, and that are consistent with Sections
67.5090 to 67.5103, RSMo.
4.
New small wireless facilities in the right-of-way shall not
extend more than ten (10) feet above an existing utility pole in place
as of August 28, 2018.
5.
Small wireless facilities on a new utility pole shall not extend above the height permitted for a new utility pole in Subsection (A)(3) above.
6.
A wireless provider shall be permitted to replace decorative
poles when necessary to co-locate a small wireless facility, but any
replacement pole shall reasonably conform to the design aesthetics
of the decorative pole or poles being replaced. The term "reasonably
conform," as used herein, shall mean that the design aesthetics of
the replacement pole shall be as nearly identical to the decorative
pole replaced as is feasible. The Mayor or other designated officer
of the City is authorized to determine if the replacement pole reasonably
conforms, based upon the reasonable objective design standards published
in advance by the City.
7.
The City may require replacement of a City utility pole that
is proposed to be used for a co-location on a non-discriminatory basis
for reasons of safety and reliability, including a demonstration that
the co-location would make the City utility pole structurally unsound.
B.
Permit Requirements - Outside The Right-of-Way.
1.
The co-location of small wireless facilities in or on property
not zoned primarily for single-family residential use is not subject
to zoning review or approval.
2.
The City will allow co-location of small wireless facilities
on City wireless support structures and City utility poles that are
located on City property outside the right-of-way to the same extent,
if any, that it allows access to such structures for other commercial
projects or uses. Any such co-locations shall be subject to reasonable
and non-discriminatory rates, fees, and terms as provided in an agreement
between the City and the wireless provider, and not otherwise governed
by this Article.
3.
The City shall not enter into an exclusive agreement with a
wireless provider concerning City utility poles or City wireless support
structures that are located on City property outside the right-of-way,
including stadiums and enclosed arenas, unless the agreement meets
the following requirements:
a.
The wireless provider provides service using a shared network
of wireless facilities that it makes available for access by other
wireless providers on reasonable and non-discriminatory rates and
terms that shall include use of the entire shared network, as to itself,
an affiliate, or any other entity; or
b.
The wireless provider allows other wireless providers to co-locate
small wireless facilities on reasonable and non-discriminatory rates
and terms, as to itself, an affiliate, or any other entity.
C.
Permit Process For An Applicant Seeking To Construct Small Wireless
Facilities In Or Outside The Right-of-Way, Or To Install, Replace,
Maintain Or Operate A Utility Pole Inside The Right-of-Way.
1.
An applicant seeking to co-locate small wireless facilities in or outside the right-of-way, or to install, replace, maintain or operate a utility pole inside the right-of-way, must first submit an application for a permit to the Mayor or other designated City official. The Mayor or other designated City official shall design and make available to applicants a standard application form, consistent with the provisions of this Article which all applicants must use in order to accomplish the purposes of this Article. Except for the requirements in Subsection (C)(2)(b) below, an applicant shall not be required to provide more information to obtain a permit under this Article than other communications service providers that are not wireless providers.
2.
An application for a permit shall include the following:
a.
Construction and engineering drawings which demonstrate compliance with the criteria in Section 520.645(F);
b.
An attestation that the small wireless facilities comply with
the volumetric limitations in the definition of small wireless facility;
c.
Information on the height of any new, replacement, or modified
utility pole;
e.
An applicant that is not a wireless services provider must provide
evidence of agreements or plans demonstrating that the small wireless
facilities will be operational for use by a wireless services provider
within one (1) year after the permit issuance date, unless the City
and the applicant agree to extend this period or if the applicant
notifies the City the delay is caused by lack of commercial power
or communications transport facilities. An applicant that is a wireless
services provider must provide this information by attestation.
f.
Plans and detailed cost estimates for any make-ready work as
needed.
(1)
The applicant shall be solely responsible for the
cost of any make-ready work; and
g.
Projected commencement and termination dates for the permit,
or if such dates are unknown at the time the permit is issued, a provision
requiring the permit holder to provide the Mayor or other designated
City official with reasonable advance notice of such dates once they
are determined.
D.
Fees And Rates. Each such application shall be accompanied by payment
of fees as designated in this Article.
1.
General.
a.
Any fees collected pursuant to this Subsection will be used
only to reimburse the City for its actual incurred costs and will
not be used to generate revenue to the City above such costs.
b.
The City may not require or accept in-kind services in lieu
of any fee.
c.
The rates to co-locate on city utility poles shall be non-discriminatory
regardless of the services provided by the co-locating applicant.
2.
Application Fee.
a.
The total fee for an application for the co-location of a small
wireless facility on an existing City utility pole is one hundred
dollars ($100.00) per small wireless facility.
b.
An applicant filing a consolidated application shall pay one
hundred dollars ($100.00) per small wireless facility included in
the consolidated application.
c.
The total fee for an application for the installation, modification,
or replacement of a utility pole and the co-location of an associated
small wireless facility is five hundred dollars ($500.00) per utility
pole.
3.
Co-location Rate. The rate for co-location of a small wireless
facility to a City utility pole is one hundred fifty dollars ($150.00)
per City utility pole per year.
4.
Right-of-Way Permit Fee. The total fee for a right-of-way permit
associated with the installation of small wireless facilities in the
right-of-way shall be in accordance with Ordinance No. 420.
E.
Timing For Processing Of An Application.
1.
Within fifteen (15) days of receiving an application, the City shall determine and notify the applicant in writing whether the application is complete. If an application is incomplete, the City shall specifically identify the missing information in writing. The processing deadline in Subsection (E)(2) of this Section is tolled from the time the City sends the notice of incompleteness to the time the applicant provides the missing information. That processing deadline may also be tolled by agreement of the applicant and the City.
2.
The City shall process and approve or deny an application for
co-location of a small wireless facility within forty-five (45) days
of receipt of the application. The application shall be deemed approved
if not approved or denied within this forty-five-day period.
3.
The City shall process and approve or deny an application for
installation of a new, modified, or replacement utility pole associated
with a small wireless facility within sixty (60) days of receipt of
the application. The application shall be deemed approved if not approved
or denied within this sixty-day period.
4.
An applicant may file a consolidated application and receive
a single permit for the co-location of multiple small wireless facilities.
a.
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 co-located on the same
or materially the same type of utility pole or wireless support structure,
and geographically proximate. The application shall provide information
sufficient for the Mayor or other designated City official to determine
whether the applicant has met the requirements of this Subsection.
The Mayor or other designated City official shall have discretion
to determine whether the application meets the requirements of this
Subsection.
b.
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 co-location 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.
c.
The denial of one (1) or more small wireless facilities in a
consolidated application shall not delay processing or constitute
a basis for denial of any other small wireless facilities in the same
consolidated application or the consolidated application as a whole.
5.
The City shall provide a good faith estimate for any make-ready
work necessary to enable a City utility pole to support the requested
co-location by a wireless provider, including pole replacement if
necessary, within sixty (60) days after receipt of a complete application.
Make-ready work, including any pole replacement, shall be completed
within sixty (60) days of written acceptance of the good faith estimate
and advance payment, if required, by the applicant.
6.
An application that is not acted on within the specified time
period is deemed approved.
7.
For any application denied:
a.
The City shall document the complete basis for a denial in writing
and send the documentation to the applicant on or before the day the
City denies the application.
b.
The applicant may cure the deficiencies identified by the City
and resubmit the application within thirty (30) days of the denial
without paying an additional application fee.
c.
The City shall approve or deny the revised application within
thirty (30) days. Any subsequent review shall be limited to the deficiencies
cited in the denial.
8.
The City will not institute, either expressly or de facto, a
moratorium on filing, receiving, or processing applications or issuing
permits or other approvals, if any, for the co-location of small wireless
facilities or the installation, modification, or replacement of utility
poles to support small wireless facilities.
a.
If doing so would be consistent with 47 U.S.C. § 253(a),
particularly as interpreted by the FCC's Declaratory Ruling adopted
on August 2, 2018 (FCC 18-111), the City may institute a temporary
moratorium on applications for small wireless facilities and the co-location
thereof for no more than thirty (30) days in the event of a major
and protracted staffing shortage that reduces the number of personnel
necessary to receive, review, process, and approve or deny applications
for the co-location of small wireless facilities by more than fifty
percent (50%).
F.
Denial Of An Application. An application for a proposed co-location of a small wireless facility or installation, modification, or replacement of a utility pole otherwise meeting the requirements of Section 520.640(A)(1) or (B)(1) may be denied if the action proposed in the application 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;
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 the
City, utility, or other third party;
6.
Fail to comply with applicable Codes, including nationally recognized
engineering standards for utility poles or wireless support structures;
7.
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;
8.
Fail to comply with reasonable and non-discriminatory undergrounding
requirements contained in City ordinances as of January 1, 2018, or
subsequently enacted for new developments, that require all utility
facilities in the area to be placed underground and prohibit the installation
of new or the modification of existing utility poles in a right-of-way
without prior approval, provided that such requirements include a
waiver or other process of addressing requests to install such utility
poles and do not prohibit the replacement or modification of existing
utility poles consistent with applicable law or the provision of wireless
services; or
9.
Any other reason not prohibited by applicable law.
G.
Approval Of An Application.
1.
The Mayor or other designated City official shall review each application for a permit and, upon determining that 1) the applicant has submitted all necessary information; 2) there is no basis under Section 520.640(G) to deny the application; and 3) the applicant has paid the appropriate fee, the City Engineer or other designated position shall issue the permit.
2.
If the City approves an application, the applicant is authorized
to:
a.
Undertake the installation or co-location;
b.
Operate and maintain the small wireless facilities and any associated utility pole covered by the permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as they are in compliance with the criteria listed in Section 520.645(F) of this Article.
3.
The City may approve a permit subject to a reservation to reclaim
space on the utility pole, when and if needed, to meet the utility
pole owner's core utility purpose or a documented City plan projected
at the time of the application.
H.
No Application Required.
1.
No application is required for:
a.
Routine maintenance on previously permitted small wireless facilities;
b.
The replacement of small wireless facilities with small wireless
facilities that are the same or smaller in size, weight, and height;
or
c.
The installation, placement, maintenance, operation, or replacement
of micro wireless facilities that are strung on cables between utility
poles in compliance with applicable Codes.
2.
A person performing the permitted acts under this Subsection
may be required to provide the City with a description of any new
equipment installed so that the City may maintain an accurate inventory
of the small wireless facilities at a particular location.
[Ord. No. 421, 1-13-2020]
A.
The construction, operation, maintenance, and repair of small wireless
facilities shall be in accordance with applicable Codes and relevant
City ordinances pertaining to construction, operation, maintenance,
and repair inside or outside the right-of-way.
B.
All small wireless facilities shall be installed and located with
due regard for minimizing interference with the public and with other
users of a right-of-way, including the City.
C.
An applicant shall not place small wireless facilities where they
will damage or interfere with the use or operation of previously installed
facilities or obstruct or hinder the various utilities serving the
residents and businesses in the City of their use of any right-of-way.
D.
Any and all Rights-of-way disturbed or damaged during the construction
of small wireless facilities shall be promptly repaired or replaced
by the applicant to its functional equivalence as existed before the
disturbance or damage.
E.
Any wireless infrastructure provider, contractor or subcontractor
must be properly licensed under laws of the State and all applicable
local ordinances.
F.
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 law 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 and shall be responsible
for promptly correcting any acts or omissions by a wireless infrastructure
provider, contractor or subcontractor.
[Ord. No. 421, 1-13-2020]
A.
Indemnity. 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.
B.
Insurance.
1.
As part of the permit process, a wireless provider must provide
proof of liability insurance coverage against any damage or personal
injury caused by the negligence of the wireless provider or its employees,
agents, or contractors. The wireless provider's liability insurance
policy must name the City or its officers and employees as additional
insureds.
2.
In the alternative, a wireless provider must demonstrate that
it has in effect a comparable self-insurance program.
C.
Performance Bond.
1.
As part of the permit process, a wireless provider must post
a performance bond of one thousand five hundred dollars ($1,500.00)
per small wireless facility. The total bond amount across all facilities
cannot exceed seventy-five thousand dollars ($75,000.00). The purpose
of the performance bond is to:
a.
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;
b.
Restore the right-of-way in connection with removals of small
wireless facilities from the right-of-way; and
c.
Recoup rates or fees that have not been paid by a wireless provider
in over twelve (12) months, provided the wireless provider has been
provided with reasonable notice from the City and has been given the
opportunity to cure.
2.
Upon completion of the work associated with the small wireless
facilities covered by the performance bond to the satisfaction of
the Mayor or other designated City official, the Mayor or other designated
City official 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 Mayor or other designated City
official considering the nature of the work performed.
3.
Recovery by the City of any amounts under the performance bond
or otherwise 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 the 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.
Exemption. 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 noncompliance within the City's jurisdiction shall
be exempt from the insurance and bonding requirements otherwise required
by this Section. The City may require an applicant to provide proof
by affidavit that its assets meet or exceed this requirement at the
time of filing the application.
[Ord. No. 421, 1-13-2020]
A.
Compliance With Laws. Each applicant shall comply with all applicable
City ordinances, resolutions, rules and regulations heretofore and
hereafter adopted or established, to the extent that they are consistent
with State and Federal law.
B.
Franchises Not Superseded. Nothing herein shall be deemed to relieve
an applicant of the provisions of an existing franchise, license or
other agreement or permit.
C.
Rights and Remedies.
1.
The exercise of one (1) remedy under this Article shall not
foreclose use of another, nor shall the exercise of a remedy or the
payment of damages or penalties relieve an applicant of its obligations
to comply with its permits. Remedies may be used alone or in combination;
in addition, the City may exercise any rights it has at law or equity.
2.
The City hereby reserves to itself the right to intervene in
any suit, action or proceeding involving any provisions of this Article.
3.
No applicant shall be relieved of its obligation to comply with
any of the provisions of this Article by reason of any failure of
the City to enforce prompt compliance.
D.
Incorporation By Reference. Any permit granted pursuant to this Article
shall by implication include a provision that shall incorporate by
reference this Article into such permit as fully as if copied therein
verbatim.
E.
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.
F.
Severability. If any term, condition, or provision of this Article
shall, to any extent, be held to be invalid or unenforceable, the
remainder hereof shall be valid in all other respects and continue
to be effective. In the event of a subsequent change in applicable
law so that the provision that has been held invalid is no longer
invalid, said provisions shall thereupon return to full force and
effect without further action by the City and shall thereafter be
binding on the applicant and the City.
[Ord. No. 421, 1-13-2020]
The provisions hereof shall specifically apply to any lands
or property annexed as of the date of such annexation.
[Ord. No. 421, 1-13-2020]
Whenever, by reason of changes in the grade or widening of a
street or in the location or manner of constructing a water pipe,
drainage channel, sewer, or other City-owned underground or aboveground
structure, it is deemed necessary by the City, in the interest of
public safety and convenience, to move, alter, or change the location
of underground or aboveground facilities of a wireless provider, the
wireless provider shall relocate such facilities, on an alternative
right-of-way provided by the City, if available, upon adequate notice
in writing by the City, without claim for reimbursement or damages
against the City.
[Ord. No. 421, 1-13-2020]
Any standards in this Article relating to small wireless facilities
shall be fully applicable to work performed by the City and its departments.
[Ord. No. 421, 1-13-2020]
Nothing contained herein shall in any manner be deemed or construed
to alter, modify, supersede, supplement or otherwise nullify any other
ordinances of the City or requirements thereof, whether or not relating
to or in any manner connected with the subject written hereof, unless
expressly provided otherwise herein or hereafter.
