(a)
The purpose of this division is to establish policies and procedures
for constructing and installing cellular network nodes and related
facilities in the city’s rights-of-way, which will provide public
benefit consistent with the preservation of safe usage and visual
quality of the city’s rights-of-way.
(b)
By the enactment of this division, the city intends to exercise its
authority over cellular network nodes and related facilities located
within the city’s rights-of-way by establishing uniform standards
to address the construction and installation of said facilities, including,
without limitation:
(1)
Prevent interference with the use of rights-of-way and other public
places;
(2)
Prevent the creation of visual and physical obstructions and other
conditions hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with the facilities and operations of facilities
lawfully located in city’s rights-of-way or public property;
(4)
Protect against environmental damage, including damages to trees
and other vegetation;
(5)
Preserve neighborhood character where facilities are installed; and
(6)
Impose time requirements for the construction and installation of
facilities.
(c)
Applications to construct, install, modify or replace cellular network
nodes or related facilities shall be treated as a permitted use exempt
from local or zoning review.
(d)
In the event that applicable federal or state laws or regulations
conflict with the requirements of this division, a small cell facility
operator, as that term is defined herein, shall comply with the requirements
of this division to the maximum extent possible without violating
federal or state laws or regulations.
(Ordinance 07162018, sec. I, adopted 7/16/18)
means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless
services.
means the installation, mounting, maintenance, modification,
operation, or replacement of network nodes in a public right-of-way
on or adjacent to a pole.
means an area that is zoned or otherwise designated as a
historic district.
means equipment at a fixed location that enables wireless
communications between user equipment and a communications network.
The term includes the following:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configurations;
Coaxial or fiber optic cable that is immediately adjacent to
and directly associated with a particular co-location.
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The term does not include an electric generator, a pole, or
a macro-tower.
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means a wireless service provider or a person that does not
provide wireless services and that is not an electric utility, but
builds or installs, on behalf of a wireless service provider, network
nodes or node support poles or any other structure that supports or
is capable of supporting a network node.
means a pole installed by a network provider for the primary
purpose of supporting a network node.
means a written authorization for the use of the public right-of-way
or co-location on a service pole required by the city before a network
provider may perform an action to construct or install a project over
which this division regulates.
means a service pole, municipally owned utility pole, node
support pole, or utility pole.
means the area on, below, adjacent or above a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easement
in which city has an interest.
means each transmission path physically within a public right-of-way,
extending within a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
means a person or entity that provides wireless service to
the public.
(Ordinance 07162018, sec. II, adopted 7/16/18; Ordinance adopting 2023 Code)
Any person or entity found to be in violation of this division may be issued a citation for said violation. Each day a violation occurs shall be considered a separate offense. Any citation shall be deemed a class C misdemeanor and may be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 07162018, sec. XIII,
adopted 7/16/18; Ordinance adopting
2023 Code)
A network node to which this division applies must conform to
the following size restrictions:
(1)
Each antenna that does not have exposed elements and is attached
to an existing structure or pole:
(2)
If an antenna has exposed elements and is attached to an existing
structure or pole, the antenna and all of the antenna’s exposed
elements:
(4)
Ground based enclosures, separate from the pole, may not be higher
than three (3) feet six (6) inches from grade, wider than three (3)
feet six (6) inches, or deeper than three (3) feet six (6) inches;
(5)
Pole-mounted enclosures may not be taller than five (5) feet;
(6)
Equipment attached to node support poles may not protrude from the
outer edge of the node support pole by more than two (2) feet.
(Ordinance 07162018, sec. III, adopted 7/16/18)
Equipment attached to a utility pole which is subject to regulation
by this division must be installed in accordance with the National
Electrical Safety Code and the utility pole owner’s construction
standards.
(Ordinance 07162018, sec. IV, adopted 7/16/18)
(a)
A wireless facility operator shall pay an annual rate to the city
regarding the construction and installation of any and all facilities
the subject of this division, located within a public right-of-way,
as set forth in the fee schedule in appendix A of this code, per annual
basis, multiplied by the number of network nodes installed in said
right-of-way located within the city’s corporate boundaries.
(b)
The city may adjust the amount of the public right-of-way rate once
annually by an amount equal to one-half of the annual charge, if any,
in the Consumer Price Index. In such an event, the city shall provide
written notice to each network provider of the new rate, and the rate
shall apply to the first payment due to the city on or after the sixtieth
(60th) day following such notice.
(c)
A network provider may install its own transport facilities in the
city’s right-of-way after obtaining a permit from the city and
paying a monthly right-of-way rate as set forth in the fee schedule
in appendix A of this code multiplied by the number of the network
provider’s network nodes located within the city’s right-of-way.
(d)
The co-location of network nodes on municipally owned service poles
may be allowed by agreement between the city and the network service
provider at a rate as set forth in the fee schedule in appendix A
of this code.
(Ordinance 07162018, sec. V, adopted 7/16/18; Ordinance adopting 2023 Code)
A network provider shall construct and maintain network nodes
and node support poles in a manner that does not:
(1)
Obstruct, impede or hinder the usual travel or public safety on a
public right-of-way;
(2)
Obstruct the legal use of a public right-of-way by other utility
providers;
(3)
Violate or conflict with the any applicable city public right-of-way
design specifications; or
(4)
Violate any state or federal law.
(Ordinance 07162018, sec. VI, adopted 7/16/18)
(a)
A network provider shall ensure that each new, modified or replacement
utility pole or node support pole installed in a city right-of-way
that is the subject of this division does not exceed the lesser of:
(b)
A network provider may not install a new node support pole in a city
right-of-way without the city’s written consent if the city
right-of-way is located in a municipal park or is adjacent to a street
or thoroughfare that is not more than fifty (50) feet in width and
adjacent to single-family residential, multifamily residential or
undeveloped land that is designated for residential use.
(Ordinance 07162018, sec. VII, adopted 7/16/18; Ordinance adopting 2023 Code)
A network provider must obtain advance approval from the city
before co-locating new network nodes or installing new node support
poles in any area zoned or otherwise designated as a historic district
by the city. As a condition for approval of such facilities within
a historic district, the city will require the network provider to
present reasonable design and/or concealment measures for the new
network nodes or new node support poles. To this end, any network
provider wishing to place facilities the subject of this division
in an area designated as a historic district must comply with any
and all design and aesthetics standards for the placement of such
facilities within the historic district as may be applicable by city
codes, regulations and guidelines.
(Ordinance 07162018, sec. VIII,
adopted 7/16/18)
A network provider installing and/or constructing facilities
the subject of this division in a public right-of-way shall comply
with any and all design standards for such facilities as may be required
by the city.
(Ordinance 07162018, sec. IX, adopted 7/16/18)
(a)
Required.
Before the installation of any facility the
subject of this division in a public right-of-way, a network provider
shall obtain a permit from the city.
(b)
Submission of plans.
As part of the permit application
process, a network provider must include construction and engineering
drawings and information to confirm compliance with any and all applicable
city design specifications, codes and standards.
(c)
Certification of compliance with federal regulations.
As part of the application process, the network provider shall provide
a certificate to the city that the facilities being constructed and
installed in the city’s right-of-way comply with all applicable
regulations of the Federal Communications Commission (FCC).
(d)
Certification of date of placement in service.
A network
provider seeking a permit for the placement of facilities in the city
right-of-way must certify, in writing, that the facilities the subject
of this division will be placed into active commercial service not
later than the sixtieth (60th) day after the date of construction,
installation and final testing of the facilities are completed.
(e)
Determination of completeness of application.
Not later
than the thirtieth (30th) day after the date the city receives an
application for a permit for a network node or node support pole,
or the tenth (10th) day after the date the city receives an application
for a permit for a transport facility, the city shall determine whether
the application is complete and notify the applicant of that determination.
If the city determines that the application is not complete, the city
shall specify, in writing, what information is missing from the application.
(f)
Time limits for action on applications.
The city shall
approve or deny an application for a node support pole not later than
the one hundred and fiftieth (150th) day after the date the city receives
a completed application. The city shall approve or deny an application
for a network node not later than the sixtieth (60th) day after the
date the city receives a complete application. The city shall approve
or deny an application for a transport facility not later than the
twenty-first (21st) day after the date the city receives a completed
application. In the event the city fails to approve or deny an application
as provided herein, the application shall be deemed approved.
(g)
Denial.
A denial by the city of an application shall
be made in writing and shall specifically set forth the deficiency(ies)
of the application.
(h)
Resubmission of application after denial.
A network
provider the subject of an application denial shall, within thirty
(30) days, be allowed to cure the deficiency(ies) and resubmit the
application without paying any additional application fee. Approval
or denial of an amended or revised application shall be made by the
city within ninety (90) days.
(i)
Commencement and completion of installation.
A network
provider must begin the installation the subject of any permit granted
by the city no later than six (6) months after final approval, and
shall diligently pursue the installation to completion within said
time period. At the city’s discretion, a longer time period
for completion may be granted upon request by the network provider.
(j)
Application fee.
The city shall charge an application
fee for a permit under this section in the amount set forth in the
fee schedule in appendix A of this code.
(Ordinance 07162018, sec. X, adopted 7/16/18; Ordinance adopting 2023 Code)
