[Added 1-5-2021 by Ord.
No. 1273]
1.
The City Council finds that it is necessary to achieve a balance
between the telecommunications needs of the City's citizens and the
orderly, safe, and aesthetic deployment of small wireless facilities
by telecommunications companies. The deployment of small wireless
facilities is expected to enable the provision of improved and enhanced
wireless services to citizens and visitors in the City. The FCC has
encouraged and required the adoption of policies supporting the deployment
of small wireless facilities in its September 27, 2018, Declaratory
Ruling and Third Report and Order, WT Docket Nos. 17-79 and 17-84.
Also, 2019 Legislative Bill 184 imposed new limits on the local regulation
of small wireless facilities. Those actions encourage the placement
of such small wireless facilities in public rights-of-way.
2.
The City is responsible for the safe and aesthetic maintenance of
its public rights-of-way, for the benefit of the public and for the
protection of public health, safety, and welfare. Public rights-of-way
are a finite resource and are subject to demands from competing interests.
It is necessary to govern their use in a fair, safe, and orderly manner.
This includes the proposed use of public rights-of-way for telecommunications
purposes. The City is also responsible for the processing and review
of proposed telecommunications uses for properties other than public
rights-of-way, with the objective of protecting public health, safety,
and welfare.
3.
It is therefore appropriate to adopt these rules and regulations
for the processing and review of proposed small wireless facilities,
both on public rights-of-way and on other properties.
4.
The purpose of this article is to adopt regulations governing the
safe, responsible, and fair deployment of small wireless facilities
on public rights-of-way and on other properties. It is the further
purpose of this article to comply with or adopt provisions stated
in the said September 27, 2018, FCC Order and 2019 Legislative Bill
184.
[Added 1-5-2021 by Ord.
No. 1273]
For the purposes of this article, the following terms have the
following meanings:
Means communications equipment that transmits or receives
electromagnetic radio frequency signals used in providing wireless
services.
Means uniform building, fire, safety, electrical, plumbing,
or mechanical codes adopted by a recognized national code organization
or local amendments to such codes so long as such amendments are not
in conflict with federal or state law and to the extent such codes
have been adopted by the City and are generally applicable in the
City.
Means to install, mount, maintain, modify, operate, or replace
small wireless facilities on or adjacent to a support structure or
utility pole. "Collocate" or "collocation" does not include the installation
of a new utility pole or new support structure in the right-of-way.
Means the set of equipment and network components including
wires, cables, and associated facilities used by a cable operator
as defined in 47 U.S.C. 522(5); a telecommunications carrier as defined
in 47 U.S.C. 153(51); a provider of information service as defined
in 47 U.S.C. 153(24); or a wireless services provider, to provide
communications services, including cable service as defined in 47
U.S.C. 153(8); an information service as defined in 47 U.S.C. 153(24);
as all such sections existed on January 1, 2019; and wireless services
or other one-way or two-way communications service.
Means a cable service as defined in 47 U.S.C. 522, an information
service as defined in 47 U.S.C. 153, a telecommunications service
as defined in 47 U.S.C. 153, as all such sections existed on January
1, 2019, or a wireless service.
Means a cable operator as defined in 47 U.S.C. 522, a provider
of information service as defined in 47 U.S.C. 153, or a telecommunications
carrier as defined in 47 U.S.C. 153, as such sections existed on January
1, 2019. Communications service provider includes a wireless provider.
Means the Federal Communications Commission.
Means all work, as reasonably determined by the City, required
to accommodate a small wireless facility on a pole, and to comply
with all the City's applicable codes. Such work includes, but is not
limited to, modification or replacement of utility poles or lines,
installation of guys and anchors, rearrangement of existing equipment,
inspections, reasonable consultant fees or expenses, permitting work,
design, planning, construction, materials, cost of removal (less any
salvage value), tree trimming (other than tree trimming performed
for normal maintenance purposes), facility construction, or conduit
system clearing, but does not include ordinary maintenance or repair.
Means a small wireless facility that is not larger in dimension
than 24 inches in length, 15 inches in width, and 12 inches in height
and with any exterior antenna no longer than 11 inches.
Means inspections, testing or repairs that maintain functional
capacity, aesthetic and structural integrity of a small wireless facility
and the associated structure, pole or tower, and that does not involve
impeding, damaging or disturbing any portion of the right-of-way.
Means an applicant that has received a permit under this
article, and its successors and assignees.
Means an individual, a corporation, a limited liability company,
a partnership, an association, a trust, or any other entity or organization.
Means the area on, below, or above a public roadway, highway,
street, sidewalk, alley, dedicated utility easement, or similar property,
but not including a freeway as defined in section 39-1302, the National
System of Interstate and Defense Highways, or a private easement.
Means the period of time in which the City is required to
act on an application.
Means a wireless facility that meets each of the following
conditions:
Each antenna associated with the deployment is no more than
three cubic feet in volume;
All other equipment associated with the structure, whether ground-mounted
or pole-mounted, is no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 C.F.R. part 17, as such regulation existed on January 1,
2019;
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019.
Means a structure such as a guyed or self-supporting tower,
billboard, building, or other existing or proposed structure designed
to support or capable of supporting wireless facilities other than
a structure designed solely for the collocation of small wireless
facilities. "Support structure" does not include a utility pole.
Means that 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.
Means a pole located in the right-of-way that is used for
wireline communications, lighting, the vertical portion of support
structures for traffic control signals or devices or a similar function,
or for the collocation of small wireless facilities and located in
the right-of-way. "Utility pole" does not include:
Means equipment at a fixed location that enables wireless
communications between user equipment and a communications network,
including: (a) equipment associated with wireless communications,
and (b) radio transceivers, antennas, coaxial or fiber-optic cable,
regular power supply, and small back-up battery, regardless of technological
configuration. "Wireless facility" includes small wireless facilities.
"Wireless facility" does not include: (a) the structure or improvements
on, under, or within the equipment which is collocated, (b) coaxial
or fiber-optic cable that is between wireless structures or utility
poles or that is otherwise not immediately adjacent to, or directly
associated with, a particular antenna, or (c) a wireline backhaul
facility used to transport communication services from a wireless
facility to a communications network.
Means a wireless services provider or a wireless infrastructure
provider when acting as a co-applicant for a wireless services provider.
A wireless infrastructure provider is any person acting to build or
install wireless communication transmission equipment, wireless facilities,
or support structures, that is not a wireless services provider.
Mean any services using licensed or unlicensed spectrum,
including the use of wi-fi, whether mobile or at a fixed location,
provided to the public using wireless facilities.
Means a person who provides wireless services.
All other terms defined in the Nebraska Small Wireless Facilities
Deployment Act, Neb. Rev. Stat. § 86-1201 et seq. shall
apply as if fully set forth in this article.
[Added 1-5-2021 by Ord.
No. 1273]
This article shall apply to all deployments of small wireless facilities on rights-of-way or other public and private property within the City except as specifically excluded in this article. For an application submitted to the State of Nebraska regarding a location within a right-of-way or other property owned or controlled by the state, to the extent that the state seeks a recommendation from the City regarding such application, the City shall apply the location and design standards of § 9-1411. The applicant for a location on such state right-of-way or other property shall provide to the City a copy of the application submitted to the State, but no application fee shall be due. This article shall not apply to a microwireless facility that is strung on a cable between existing utility poles in compliance with the National Electrical Safety Code. The City may require a permit for all other work and all City rules regulating the excavation or closing of sidewalks or streets shall apply to the same.
[Added 1-5-2021 by Ord.
No. 1273]
It shall be unlawful for any person to collocate a small wireless
facility on or associated with an existing utility pole or support
structure, or to construct, install, replace, maintain or operate
a small wireless facility or new pole or support structure to which
will be attached or associated a small wireless facility unless such
person shall have previously obtained a permit under this article
from the City expressly authorizing that specific small wireless facility
in addition to all other permits required by applicable codes. No
further permit under this article shall be required for ordinary and
routine maintenance of previously permitted small wireless facilities.
[Added 1-5-2021 by Ord.
No. 1273]
1.
An application for a permit under this article shall be filed with
the City Clerk, on a form provided by the City, by the owner of the
proposed small wireless facility. The applicant shall provide the
following:
a.
The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant.
b.
The names, addresses, telephone numbers, and email addresses of all
consultants, if any, acting on behalf of the applicant with respect
to the application.
c.
A description of the proposed work, the purposes and intent of the
proposed small wireless facility, and the ultimate user of the proposed
wireless facility if different from the applicant.
d.
Written authorization from the owner of the utility pole or support
structure on which the small wireless facility will be placed or attached,
if applicable, unless the owner is the City. For a utility pole or
support structure owned or controlled by the Omaha Public Power District
or other owner, the applicant shall provide proof of approval of the
specific plans by that District or owner.
e.
Detailed construction drawings regarding the proposed small wireless
facility and any associated equipment and utility pole or support
structure. The drawings shall show the location, dimensions, elevations,
equipment specifications, and attachment methods for the small wireless
facility, all equipment, and the utility pole or support structure.
f.
To the extent the proposed small wireless facility involves collocation
on a utility pole or support structure, a structural report performed
by a duly licensed engineer evidencing that the pole or support structure
will structurally support the collocation, or that the pole or support
structure will be modified to meet structural requirements, in accordance
with applicable codes.
g.
For any new aboveground antenna equipment, a conceptual rendering
of the said equipment, including accurate visual depictions and locations,
if not otherwise included in the construction drawings.
h.
A full description of any make-ready work to be performed in preparation
for the proposed installation and use of the small wireless facility,
associated equipment and utility pole or support structure.
i.
The application fee as required by this article.
j.
Bond and certificate of insurance as required by this article.
k.
Any and all additional applications and necessary documentation for
all other permits required for the installation, maintenance, or operation
of a small wireless facility, including but not limited to electrical
permits, excavation permits, and certificates of approval for facilities
within a historic district.
2.
The application form shall include language providing for the indemnification
of the City by the applicant as required by this article. The application
shall also include an attestation by the applicant that the small
wireless facility shall be operational for use by a wireless services
provider within one year after the later of the completion of all
make-ready work or the permit issuance date, unless a delay is caused
by lack of commercial power or communications transport facilities
to the site, in which case the deadline shall be extended for up to
nine months. The applicant's signature on and submittal of the application
shall constitute agreement by the applicant to the provisions of this
section.
3.
Batching. An applicant may apply for more than one but no more than
five small wireless facilities in a single application, and may provide
a single set of plans and documents that address up to five small
wireless facilities, provided that all information required by this
section is provided for each separate small wireless facility. Each
small wireless facility within a consolidated application is subject
to individual review in a single administrative proceeding, except
that the denial of one or more small wireless facilities in a consolidated
application shall not delay processing of any other small wireless
facilities in the same application or be a basis upon which to deny
the consolidated application as a whole.
4.
Replacement or modification. A permittee shall be required to file
an application and pay an application fee for the proposed replacement
or modification of an existing small wireless facility, antenna equipment,
or associated utility pole or support structure. In such case, the
application shall include updated drawings of the facilities showing
such replacement or modification. Such proposed replacement or modification
shall be reviewed and acted upon by the City as if it were an initial
application. This requirement shall not apply to the replacement of
a small wireless facility with another that is substantially similar
in weight or windage or the same size or smaller, in which case no
permit, application, or fee is required unless excavation or closing
of sidewalks or any vehicular lanes within the right-of-way is required.
5.
Shot clock. The City shall act on a filed application, and all associated
requests, on or before the expiration of the shot clock period.
a.
The shot clock period for an application is the sum of ninety days,
plus one additional period of ten business days if requested in writing
by the City prior to the expiration of the ninety days.
b.
Unless a written agreement between the applicant and the City provides
otherwise, the shot clock period for an application shall be tolled
as set forth below:
(1)
If the City notifies the applicant, in writing, on or before
the 20th day after submission that the application is incomplete,
and specifically identifies the missing documents or information,
the applicant shall have at least 30 days to resubmit the completed
application without additional charges. The shot clock period shall
thereafter restart from the beginning as of the date on which the
applicant submits all the documents and information identified by
the City to render the application complete.
(2)
Subsequent findings of incompleteness shall further toll the
shot clock from the time the City sends written notice of incompleteness
until the time the applicant provides the missing information.
(3)
If the applicant submits new or additional documents or information
that include material changes not otherwise required by the City,
a new application and application fee shall be submitted.
c.
The shot clock deadline for an application is determined by counting
forward, beginning on the day after the application was submitted,
by the number of calendar days in the shot clock period. If the deadline
calculated in this manner falls on a weekend or holiday, the deadline
shall be the next business day after such date. The term "business
day" means any day that is not a weekend day or holiday.
6.
Permit issuance. Approval of an application and issuance of all other
required permits, such as appropriate building, electrical or excavation
permits, authorizes the permittee to deploy, maintain and operate
the small wireless facilities covered by the permit for a period of
five years, subject to applicable relocation requirements and the
permittee's right to terminate at any time. At the end of each such
term, such permit shall be considered automatically renewed for an
equivalent duration so long as the permittee is in compliance with
applicable requirements.
7.
Permit denial. The City may deny a permit that materially and demonstrably
interferes with the safe operation of traffic control equipment or
the right of way, sight lines or clear zones for transportation of
vehicles or pedestrians, the Americans with Disabilities Act or other
federal or state standards regarding pedestrian access or movement,
or that fails to comply with the terms and conditions of this article
or any other applicable codes of the City. The City shall document
the basis for any denial in writing to the applicant, upon which the
applicant may cure the deficiencies identified by the City and resubmit
the application within 30 days without paying any additional application
fees as described in § 9-1406A.
8.
Conditional approval.
a.
The City may propose a technically feasible alternative utility pole
location but shall not require any specific utility pole, category
of poles, or require multiple small wireless facilities on a single
utility pole. The applicant shall cooperate with the City to address
the City's proposal. If an applicant believes an alternative location
is infeasible, it must document to the City the basis for such belief.
b.
The City may notify the applicant in writing that it desires to reserve
space on any utility pole owned, managed, or operated by or under
the authority of the City. The applicant shall thereafter cooperate
with the City in such reservation and shall allow the City to place
its infrastructure in the applicant's trenches and bores, with any
incremental costs for such to be bore by the City.
[Added 1-5-2021 by Ord.
No. 1273]
1.
Application fees. An application for a permit for the collocation
of from one to five small wireless facilities on existing utility
poles or support structures shall be accompanied by an application
fee in the amount of $500 per application. An application for a permit
to install, modify, or replace any utility poles or support structures
and the collocation of small wireless facilities on such poles or
structures shall be accompanied by an additional application fee of
$250 per pole or structure.
2.
Annual rates. A permittee who does not pay the City any occupation taxes under § 10-1004 of this Code shall pay to the City an annual rate of $20 for each small wireless facility attached to a utility pole in a City right-of-way, and an annual rate of $250 for each small wireless facility located anywhere else in a City right-of-way or on City property. A permittee who does pay the City any such occupation taxes shall not be required to pay to the City an annual rate. The annual rate shall be paid by or before January 1st in advance for each ensuing year.
3.
Reimbursement of direct costs. If the applicant or permittee excavates
or damages a City right-of-way or other City property, and the City
repairs such excavation or damage, the applicant or permittee shall
reimburse to the City the actual cost of such repair.
[Added 1-5-2021 by Ord.
No. 1273]
1.
In the event that any small wireless facility on a City right-of-way
or City property obstructs or hinders the usual travel or public safety
or obstructs the legal use of such right-of-way or property by utilities
or other authorized users, the City may provide written notice to
the permittee and of the need to resolve the interference. In the
event that any small wireless facility causes any radio frequency
interference to any City facilities or other uses of a City right-of-way
or City property, the City may provide written notice of such interference
and the need to resolve such interference. Upon service of any notice
under this subsection, the permittee shall remedy such interference
within thirty days or, in the case of an emergency, within such shorter
time period as directed by the City. If such interference is not resolved
in a timely manner, the permittee shall, at its own expense, remove
its facilities from that location. In such case, the permittee may
apply for the relocation of similar facilities at another location,
without payment of an application fee.
2.
Within 30 days following written notice from the City, the permittee
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
of its facilities within the City right-of-way, whenever the City
has determined, in its sole discretion, that such removal, relocation,
change or alteration is necessary for the construction, repair, maintenance
or installation of any City improvement, or the operations of the
City, in the public right-of-way. The permittee shall be responsible
to the City for any damages or penalties the City may incur as a result
of the permittee's failure to remove or relocate the facilities as
required in this subsection.
3.
The City retains the right and privilege to cut or move any facility
of the permittee located within the public right-of-way or on City
property, as the City may determine in its sole discretion to be necessary,
appropriate or useful in response to any public emergency. If circumstances
permit, the City shall notify the permittee and give the permittee
an opportunity to move its own facilities prior to cutting or removing
the facilities. In all cases, the City shall notify the permittee
after cutting or removing the facilities as promptly as reasonably
possible.
4.
The permittee may abandon its facilities at a location. If a small
wireless facility is abandoned, the permittee shall notify the City
of the abandoned status and shall remove its facilities, at the permittee's
own expense, within 30 days of such notice unless the City determines
and states, in writing, in its sole discretion, that any part of the
facilities may be abandoned in place. The permittee shall remain solely
responsible and liable for all of its facilities until they are removed
from the public right-of-way unless the City agrees, in writing, to
take ownership of the abandoned facilities. For the purpose of this
subsection, abandonment of facilities and cancellation of the related
permit shall also be deemed to have occurred after such facilities
are not used for a period of one year.
5.
If the permittee fails to timely protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter any of its
facilities or remove any of its abandoned facilities as required in
this section, the City or its contractor may do so. In such case,
the permittee shall pay all reasonable costs related to such work,
including any damages the City incurs as a result, including applicable
attorney's fees and expenses.
[Added 1-5-2021 by Ord.
No. 1273]
In submitting an application and maintaining and operating its
facilities, the permittee agrees to indemnify, defend and hold the
City harmless from all claims, costs, damages, demands, suits, judgments,
court costs and costs of defense, including attorney fees, which arise
out of or result from, in whole or in part, any acts or omissions
of permittee or its agents, partners, affiliates and contractors in
connection with the installation, construction, operation, or maintenance
of the permittee's facilities, whether or not any act or omission
complained of is authorized, allowed, or prohibited by the permit
or this article. The permittee's indemnity shall not apply to any
loss or damage resulting from the negligence or willful misconduct
of the City or its employees, contractors, or agents. The application
for a permit pursuant to this article shall contain the indemnification
language stated in this section and state that the applicant's signature
on and submittal of of the application shall constitute agreement
by the applicant to the provisions of this section.
[Added 1-5-2021 by Ord.
No. 1273]
1.
Upon and after application, the permittee shall procure and thereafter
continuously maintain for as long as any permit in its favor remains
in effect commercial general liability insurance with a limit of at
least $2,000,000 per occurrence for bodily injury (including death)
and property damage, and at least $5,000,000 general aggregate, including
explosion, collapse and underground property damage. Upon receipt
of notice from its insurer(s), the permittee shall provide the City
with 30 days' prior written notice of any prospective cancellation
of the policy, unless the required coverage is immediately replaced.
A certificate of insurance shall be provided with the application.
The policy shall be available for review by the City upon request.
The policy shall include the City as additional insured as its interest
may appear under this article. Permittee may self-insure any of the
required insurance under the same terms as required by this article.
2.
Upon and after application, the permittee of a permit located on
a right-of-way or other City property shall provide and maintain in
effect a bond with a surety naming the permittee as obligor, in favor
of the City, in the minimum amount of $50,000, to cover all permitted
sites of the permittee. The surety of the bond shall be a surety company
licensed to do business in Nebraska. The bond shall be conditioned:
a.
That the permittee and its successors or assigns shall indemnify, defend, and hold the City harmless as set forth in § 9-1408.
b.
For the maintenance of the sidewalk or public right-of-way.
c.
For the compliance with all applicable laws regarding the permitted
facilities and the use of the City right-of-way or other property.
d.
For the return of the sidewalk, street, right-of-way or other public
property to its condition prior to the permit.
[Added 1-5-2021 by Ord.
No. 1273]
As a condition of the issuance of a permit under this article,
the permittee shall perform the following duties:
1.
Small wireless facilities and associated communications facilities,
utility poles and support structures shall be located, installed and
maintained so that they do not materially endanger the lives, health
or safety of persons, or materially interfere with any public improvements
the City or other governmental entities (including any traffic control
devices or signs, gas, electric, stormwater, sanitary sewer or water
utilities or enterprises) have in place or may deem proper to make.
The location, installation or maintenance of the small wireless facility
and associated communications facilities, utility pole and support
structure shall not hinder or obstruct the usual travel or public
safety on a right-of-way, or obstruct the legal use of a right-of-way
by utilities or the safe operation of their systems or provision of
service.
2.
All small wireless facilities and associated communications facilities,
utility poles, and support structures shall be located, installed,
and used so as to cause minimum radio frequency interference with
the rights and reasonable convenience of other users of rights-of-way
and of adjoining owners' property, except to the extent such interference
is specifically authorized by federal law.
3.
All construction, excavation, maintenance and repair work done by
the permittee shall be done in a safe, workmanlike and expeditious
manner which minimizes inconvenience and danger to the City, the general
public and individuals. All such work shall comply with all applicable
codes and laws. The City shall have the right to inspect all construction
or excavation work to ensure compliance with applicable codes, laws,
and permits, and may order the permittee to perform corrective work.
All right-of-way or other City property disturbed by permittees' activities
shall be promptly restored by the permittee at its expense to its
former condition, subject to inspection by the City. If the permittee
fails to make required repairs, the City may give the permittee written
notice of the required repairs. If after such notice the permittee
fails to make the required repairs within 14 days, the City may make
the repairs, and permittee shall pay the City the reasonable documented
cost of such repairs. The City shall grant the permittee a ten-day
extension to perform repairs if requested by the permittee within
the original fourteen-day period. In the event of immediate threat
to life, safety, or to prevent serious injury, the City may immediately
undertake to restore the site and then notify the permittee and charge
the permittee for all reasonable restoration costs.
4.
The permittee shall install, construct, maintain and operate its
small wireless facilities and associated communications facilities,
utility poles, and support structures in a safe manner, providing
reasonable protection against injury or damage to any and all persons
or property.
5.
Unless otherwise specified in the permit, the permittee shall erect
a barrier around the perimeter of any excavation and provide appropriate
traffic control devices, signs and lights to protect, warn and guide
the public, both vehicular and pedestrian, through the work zone.
The manner and use of these devices shall be in accordance with the
Manual on Uniform Traffic Control Devices. The permittee shall maintain
all barriers and other traffic control and safety devices related
to an open excavation until the excavation is filled and finished
to the satisfaction of the City, or as otherwise directed by the City.
6.
All construction and use of the small wireless facilities and associated
communication facilities, utility poles, and support structures shall
comply with the permit and approved final plans and specifications.
Upon completion of installation of the small wireless facilities and
associated communication facilities, utility poles and support structures,
the permittee shall notify the City Clerk within five business days
of the completion of said work so that the City may conduct an inspection
as provided for above. Any construction that does not conform to the
permit and approved final plans and specifications shall be reconstructed
or repaired to conform to the permit and approved final plans and
specifications within twenty business days. If the construction and
use of the small wireless facilities and associated communication
facilities, utility poles, and support structures continues to fail
to conform to the permit and approved final plans and specifications,
the City may revoke the associated permit until such time as the work
is in conformance.
7.
If a new utility pole or support structure is to be built for the
sole or primary purpose of supporting a small wireless facility, such
pole or structure shall comply with all applicable codes.
[Added 1-5-2021 by Ord.
No. 1273]
All facilities in the public right-of-way must comply with all
applicable provisions in this section.
1.
All small wireless facilities shall meet the following requirements:
a.
The color of the small wireless facility and all concealment elements
shall be nonreflective and painted or otherwise colored to reasonably
match the color of the utility pole or support structure upon which
it is attached.
b.
There shall be no advertising or signs on the small wireless facility,
except for equipment logos, specifications, or maintenance instructions
that are generally not readable from the ground or from ten feet away,
and except for signage required by the FCC.
c.
A small wireless facility shall be mounted at a height no more than
the greater of 50 feet, including the antenna, or five feet above
an existing utility pole in place as of the effective date of this
article[1] and located within 500 feet in the same right-of-way.
[1]
Editor's Note: This article was adopted 1-5-2021 by Ord. No.
1273.
d.
Antennas must be concealed to the extent feasible. Cable connections,
antenna mounts and other hardware must also be concealed.
e.
Each antenna shall be no more than three cubic feet in volume. All
other equipment associated with a small wireless facility, whether
ground-mounted or pole-mounted, shall be no more than 28 cubic feet
in volume. Such equipment must be the smallest size technically feasible.
f.
Antennas shall be no more than 12 inches in diameter and 48 inches
in height.
g.
Antenna shall not protrude more than 18 inches outside the pole.
h.
Side-mounted antennas shall not exceed the height of the pole.
i.
The small wireless facility and all associated equipment mounted
to the outside of a pole or support structure shall be at least 20
feet above grade, excluding the disconnect switch.
j.
There shall be no more than four antennas mounted on a single pole
or support structure.
k.
Cabling shall be located within conduit or inside the pole or support
structure to as great a degree as possible, and otherwise shall be
as flush to the pole or support structure as possible. Any support
arms shall use flanges or channels to conceal exterior cables and
passive radio frequency gear. Shrouds, sleeves, or ninety-degree connectors
shall be used to prevent exposed cables.
l.
A small wireless facility shall include a disconnect switch. The
disconnect switch shall be no more than 12 cubic inches in size and
shall be mounted on the pole or support structure at a maximum of
six feet above grade, unless otherwise directed by the City Building
Inspector.
m.
Unless otherwise required by the City, or for compliance with FAA
or FCC regulations, small wireless facilities shall not include any
lights or lighting.
2.
A new or replacement utility pole for a small wireless facility,
referred to in this subsection as a "new pole," shall be subject to
the following requirements:
a.
The new pole shall meet the generally applicable standards for such
poles as established by the owner of such poles.
b.
The new pole shall comply with applicable codes of general applicability.
c.
The new pole shall be reasonably similar in color, design, size,
scale, material, style, and arm structure to the nearest adjacent
existing poles, provided that there shall be no new installations
of wooden poles.
d.
A new pole replacing an existing decorative pole shall conform to
all nondiscriminatory design aesthetic features of the existing decorative
pole.
e.
The height of a new pole shall not exceed the greater of five feet
above the tallest existing utility pole in place as of the effective
date of this article[2] located within 500 feet of the new pole in the same right-of-way,
or 50 feet above ground level.
[2]
Editor's Note: This article was adopted 1-5-2021 by Ord. No.
1273.
f.
The diameter of the new pole shall be no more than 14 inches, provided
that the bottom 66 inches of the new pole may be no more than 18 inches
in diameter.
g.
The new pole shall be in alignment with existing trees, utility poles,
and streetlights.
h.
The new pole shall be an equal distance between trees when possible,
with a minimum of 15 feet separation such that no proposed disturbance
shall occur within the critical root zone of any tree.
i.
The new pole shall be placed with appropriate clearance from existing
utilities, to accommodate the passage of traffic in the right-of-way
and any work done on or around the facilities.
j.
The new pole shall not be placed within 50 feet of the apron of a
fire station or other emergency service responder facility.
k.
In accordance with existing standards for street light poles, and
provided it does not result in an effective prohibition of service,
a new pole shall be located no closer than 150 feet from an existing
street light pole on an arterial or collector street, and no closer
than 100 feet from an existing street light pole on a local or residential
street. This requirement shall not prevent the replacement of light
poles in place as of the effective date of this article[3] that do not meet this spacing requirement.
[3]
Editor's Note: This article was adopted 1-5-2021 by Ord. No.
1273.
l.
A new pole shall not be located within seven feet of an electrical
conductor unless the applicant obtains the written consent of the
entity that owns or manages the electrical conductor.
3.
All small wireless facilities, and all of their associated equipment,
ground equipment, communications facilities, and utility poles and
support structures shall comply with the following requirements:
a.
So as not to impede or impair public safety or the legal use of the
right-of-way by the traveling public, ground-mounted equipment must
be installed below grade or concealed in a ground-mounted cabinet.
Ground-mounted cabinets must comply with the following design standards:
(1)
Ground-mounted equipment shall not be located closer than four
feet from the face of any curb or edge of any street, and shall not
be located closer than two feet from a sidewalk, bike lane, or shared-use
path as measured to the nearest part of the equipment.
(2)
Ground-mounted equipment shall be placed outside of all required
intersection sight distance triangles.
(3)
Ground-mounted equipment locations shall be located a minimum
of 12 feet from driveway aprons as measured parallel to the right-of-way.
(4)
Ground-mounted equipment shall be consistent with any applicable
City design standards for driveway location, design, and construction.
(5)
Ground-mounted equipment must be secured to a concrete foundation
or slab with a breakaway design allowing the equipment to disconnect
from the foundation in the event of collision or impact.
(6)
Screening of ground-mounted equipment with a variety of plant
material may be required based on the characteristics of the surrounding
area.
(7)
All proposed ground-mounted equipment shall be reviewed for
determination of applicability of the City's generally applicable
landscape screening requirements based on the surrounding context,
and where required, for appropriateness of the proposed planting plan
and plant specifications.
b.
Such items shall not materially interfere with sight lines or clear
zones for air or land transportation or pedestrians.
c.
Such items shall not obstruct or hinder the usual travel or safe
public use of any right- of-way or public improvement, or obstruct
the legal use of a right-of-way by utilities or the safe operation
of their systems or provision of service.
d.
Such items shall not violate or materially interfere with compliance
with the federal Americans with Disabilities Act of 1990 or similar
federal or state standards regarding pedestrian access or movement.
e.
Such items shall comply with applicable codes of general applicability.
[Added 1-5-2021 by Ord.
No. 1273]
In its application, the applicant shall identify any make-ready
work proposed to be performed by the City to enable City owned poles
to support the requested collocation. Within 120 days after receipt
of a completed application, the City shall provide a preliminary good
faith estimate of the cost of such make-ready work to be paid by the
applicant to the City. Such costs shall not exceed the costs required
to meet applicable codes or industry standards. The City may require
replacement of the pole if it determines that the collocation would
make the utility pole structurally unsound. The applicant shall pay
to the City the amount of the estimated cost upon acceptance of the
City's estimate. Make-ready work to be performed by the City shall
then be completed within 90 days, subject to any delays for causes
beyond the City's control. Upon the City's completion of the make-ready
work, the applicant shall pay the City, or the City shall refund to
the applicant, as the case may be, the difference between the cost
estimate paid and the actual cost. Total fees shall not exceed actual
costs of the make-ready work. Alternatively, the City and the applicant
may agree that the applicant or a party other than the City may perform
the make-ready work, subject to the City's approval before and after
the work.
[Added 1-5-2021 by Ord.
No. 1273]
A permittee may assign its rights to a permit, small wireless
facility, and associated equipment or structures it owns to an assignee.
Such assignment shall not be effective until the applicant and the
assignee sign and file with the City a notice of assignment, containing:
(1) the assignee's name, address, telephone number, and email address,
including emergency contact information, and (2) the exact location
of all small wireless facilities and associated equipment or structures
being assigned.
