The purpose of this Chapter is to establish a process for managing,
and uniform standards for acting upon, requests for the placement
of wireless facilities within the public rights-of-way of the City
consistent with the City's obligation to promote the public
health, safety, and welfare, to manage the public rights-of-way, and
to ensure that the public is not incommoded by the use of the public
rights-of-way for the placement of wireless facilities. The City recognizes
the importance of wireless facilities to provide high-quality communications
service to the residents and businesses within the City, and the City
also recognizes its obligation to comply with applicable Federal and
State law regarding the placement of personal wireless services facilities
in its public rights-of-way. This Chapter shall be interpreted consistent
with those provisions.
(Ord. 722 § 2, 2019)
The terms used in this Chapter shall have the following meanings:
means a person filing an application for placement or modification
of a wireless facility in the public right-of-way.
means a formal request, including all required and requested
documentation and information, submitted by an applicant to the City
for a wireless encroachment permit.
shall have the meaning as set forth in 47 C.F.R. Section
1.6100(b)(1), or any successor provision.
shall have the meaning as set forth in 47 C.F.R. Section
1.6100(b)(3), or any successor provision.
means the Federal Communications Commission or its lawful
successor.
means City-owned or controlled property structures, objects,
and equipment in the ROW, including, but not limited to, street lights,
traffic control structures, banners, street furniture, bus stops,
billboards, or other poles, lighting fixtures, or electroliers located
within the ROW.
means any person or entity granted a wireless encroachment
permit pursuant to this Chapter.
shall have the same meaning as set forth in 47 U.S.C. Section
332(c)(7)(C)(i).
means a wireless facility used for the provision of personal
wireless services.
means any public street, alley, sidewalk, street island,
median or parkway that is owned or granted by easement, operated,
or controlled by the City.
shall have the same meaning as "small wireless facility"
in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal
wireless services facility that meets the following conditions that,
solely for convenience, have been set forth below):
The facility:
Is mounted on a structure fifty (50) feet or less in height,
including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
Is mounted on a structure no more than ten (10) percent taller
than other adjacent structures, or
Does not extend an existing structure on which it is located
to a height of more than fifty (50) feet or by more than ten (10)
percent, whichever is greater;
Each antenna associated with the deployment, excluding associated
antenna equipment (as defined in the definition of antenna in 47 C.F.R.
Section 1.1320(d)), is no more than three (3) cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
twenty-eight (28) cubic feet in volume;
The facility does not require antenna structure registration
under 47 C.F.R. Part 17;
The facility is not located on Tribal lands, as defined under
36 C.F.R. Section 800.16(x); and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 C.F.R. Section 1.1307(b).
means any structure capable of supporting a base station.
means any structure built for the sole or primary purpose
of supporting any FCC-licensed or authorized antennas and their associated
facilities, including structures that are constructed for personal
wireless services, including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul, and the associated
site. This definition does not include utility poles.
means those areas where there are no electrical facilities
or facilities of the incumbent local exchange carrier in the right-of-way;
or where the wires associated with the same are or are required to
be located underground; or where the same are scheduled to be converted
from overhead to underground. Electrical facilities are distribution
facilities owned by an electric utility and do not include transmission
facilities used or intended to be used to transmit electricity at
nominal voltages in excess of thirty-five thousand (35,000) volts.
means a structure in the ROW designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
means a permit issued pursuant to this Chapter authorizing
the placement or modification of a wireless facility of a design specified
in the permit at a particular location within the ROW; and the modification
of any existing support structure to which the wireless facility is
proposed to be attached.
means the transmitters, antenna structures and other types
of installations used for the provision of wireless services at a
fixed location, including, without limitation, any associated tower(s),
support structure(s), and base station(s).
means a person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.
means those regulations adopted pursuant to Section 12.05.050 and implementing the provisions of this Chapter.
means an entity that provides personal wireless services
to end users.
(Ord. 722 § 2, 2019)
(a)
In General. There shall be a type of encroachment permit entitled a "wireless encroachment permit," which shall be subject to all of the same requirements as an encroachment permit would under Chapter 12.04 in addition to all of the requirements of this Chapter. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by State or Federal law, no other wireless facilities shall be permitted pursuant to this Chapter.
(b)
Exemptions. This Chapter does not apply to:
(1)
The placement or modification of facilities by the City or by any
other agency of the State solely for public safety purposes.
(2)
Installation of a "cell on wheels," "cell on truck"
or a similar structure for a temporary period in connection with an
emergency or event, but no longer than required for the emergency
or event, provided that installation does not involve excavation,
movement, or removal of existing facilities.
(c)
Other Applicable Requirements. In addition to the wireless encroachment
permit required herein, the placement of a wireless facility in the
ROW requires the persons who will own or control those facilities
to obtain all permits required by applicable law, and to comply with
applicable law, including, but not limited to, applicable law governing
radio frequency (RF) emissions.
(d)
Pre-Existing Facilities in the ROW. Any wireless facility already
existing in the ROW as of the date of this Chapter's adoption
shall remain subject to the provisions of the City Code in effect
prior to this Chapter, unless and until an extension of such facility's
then-existing permit is granted, at which time the provisions of this
Chapter shall apply in full force going forward as to such facility.
The review of any request for a renewal of a permit for such pre-existing
facilities shall be conducted pursuant to this Chapter, rather than
the portion(s) of the City Code that it was previously reviewed under.
(e)
Public Use. Except as otherwise provided by California law, any use
of the public right-of-way authorized pursuant to this Chapter will
be subordinate to the City's use and use by the public.
(Ord. 722 § 2, 2019)
(a)
Reviewing Authority. The Public Works Director ("Director")
or its designee is responsible for administering this Chapter. As
part of the administration of this Chapter, the Director may:
(1)
Interpret the provisions of this Chapter;
(2)
Develop and implement standards governing the placement and modification
of wireless facilities consistent with the requirements of this Chapter,
including regulations governing collocation and resolution of conflicting
applications for placement of wireless facilities;
(3)
Develop and implement acceptable designs and development standards
for wireless facilities in the public rights-of-way, taking into account
the zoning districts bounding the public rights-of-way;
(4)
Develop forms and procedures for submission of applications for placement
or modification of wireless facilities, and proposed changes to any
support structure consistent with this Chapter;
(5)
Determine the amount of and collect, as a condition of the completeness
of any application, any fee established by this Chapter;
(6)
Establish deadlines for submission of information related to an application,
and extend or shorten deadlines where appropriate and consistent with
State and Federal laws and regulations;
(7)
Issue any notices of incompleteness, requests for information, or
conduct or commission such studies as may be required to determine
whether a permit should be issued;
(8)
Require, as part of, and as a condition of completeness of any application,
notice to members of the public that may be affected by the placement
or modification of the wireless facility and proposed changes to any
support structure;
(9)
Subject to appeal as provided herein, determine whether to approve,
approve subject to conditions, or deny an application; and
(10)
Take such other steps as may be required to timely act upon applications
for placement of wireless facilities, including issuing written decisions
and entering into agreements to mutually extend the time for action
on an application.
(b)
Appeal.
(1)
Any person adversely affected by the decision of the Director pursuant
to this Chapter may appeal the Director's decision to the City
Manager, which may decide the issues de novo, and whose written decision
will be the final decision of the City. An appeal by a wireless infrastructure
provider must be taken jointly with the wireless service provider
that intends to use the personal wireless services facility.
(2)
Where the Director grants an application based on a finding that
denial would result in a prohibition or effective prohibition under
applicable Federal law, the decision shall be automatically appealed
to the City Manager. All appeals must be filed within three (3) business
days of the written decision of the Director, unless the Director
extends the time therefor. An extension may not be granted where extension
would result in approval of the application by operation of law.
(3)
Any appeal shall be conducted so that a timely written decision may
be issued in accordance with applicable law.
(Ord. 722 § 2, 2019)
(a)
Generally. Wireless facilities in the ROW shall meet the minimum
requirements set forth in this Chapter and the wireless regulations,
in addition to the requirements of any other applicable law.
(b)
Regulations. The wireless regulations and decisions on applications
for placement of wireless facilities in the ROW shall, at a minimum,
ensure that the requirements of this Section are satisfied, unless
it is determined that applicant has established that denial of an
application would, within the meaning of Federal law, prohibit or
effectively prohibit the provision of personal wireless services,
or otherwise violate applicable laws or regulations. If that determination
is made, the requirements of this Chapter may be waived, but only
to the minimum extent required to avoid the prohibition or violation.
(c)
Minimum Standards. Wireless facilities shall be installed and modified
in a manner that minimizes risks to public safety, avoids placement
of aboveground facilities in underground areas, avoids installation
of new support structures or equipment cabinets in the public rights-of-way,
and otherwise maintains the integrity and character of the neighborhoods
and corridors in which the facilities are located; ensures that installations
are subject to periodic review to minimize the intrusion on the rights-of-way;
and ensures that the City bears no risk or liability as a result of
the installations, and that such use does not inconvenience the public,
interfere with the primary uses of the rights-of-way, or hinder the
ability of the City or other government agencies to improve, modify,
relocate, abandon, or vacate the public rights-of-way or any portion
thereof, or to cause the improvement, modification, relocation, vacation,
or abandonment of facilities in the rights-of-way.
(d)
Design Standards and Location Preferences. All new wireless facilities
and collocations, modifications, or other changes to existing wireless
facilities that are not eligible facilities requests must conform
to the design and development standards published and, from time to
time, amended by the Public Works Department.
(Ord. 722 § 2, 2019)
(a)
Submission. Unless the wireless regulations provide otherwise, applicant
shall submit a paper copy and an electronic copy of any application,
amendments, or supplements to an application, or responses to requests
for information regarding an application to: Public Works Director,
at City Hall.
(b)
Pre-Application Meeting. Prior to filing an application for a wireless
encroachment permit, an applicant is encouraged to schedule a pre-application
meeting with the Director to discuss the proposed facility, the requirements
of this Chapter, and any potential impacts of the proposed facility.
(c)
Content. An applicant shall submit an application on the form approved
by the Director, which may be updated from time to time, but in any
event shall require the submission of all required fee(s), documents,
information, and any other materials necessary to allow the Director
to make required findings and ensure that the proposed facility will
comply with applicable Federal and State law, the City Code, and will
not endanger the public health, safety, or welfare. If no form has
been approved, applications must contain all information necessary
to show that applicant is entitled to the wireless encroachment permit
requested and must specify whether the applicant believes State or
Federal law requires action on the application within a specified
time period.
(d)
Fees. Application fee(s) shall be required to be submitted with any
application for a wireless encroachment permit. Notwithstanding the
foregoing, no application fee shall be refundable, in whole or in
part, to an applicant for a wireless encroachment permit unless paid
as a refundable deposit.
(e)
Waivers. Requests for waivers from any requirement of this Section
shall be made in writing to the Director or designee. The Director
may grant or deny a request for a waiver pursuant to this subsection.
The Director may grant a request for waiver if it is demonstrated
that, notwithstanding the issuance of a waiver, the City will be provided
all information necessary to understand the nature of the construction
or other activity to be conducted pursuant to the permit sought. All
waivers approved pursuant to this subsection shall be: (1) granted
only on a case-by-case basis; and (2) narrowly-tailored to minimize
deviation from the requirements of the City Code.
(f)
Incompleteness. For personal wireless facilities and eligible facilities
requests, applications will be processed, and notices of incompleteness
provided, in conformity with State, local, and Federal law. If such
an application is incomplete, the Director may notify the applicant
in writing, and specifying the material omitted from the application.
(Ord. 722 § 2, 2019)
(a)
Findings Required for Approval.
(1)
Except for eligible facilities requests, the Director or City Manager,
as the case may be, shall approve an application if, on the basis
of the application and other materials or evidence provided in review
thereof, it finds the following:
(2)
For eligible facilities requests, the Director or City Manager, as
the case may be, shall approve an application if, on the basis of
the application and other materials or evidence provided in review
thereof, it finds the following:
(b)
Decisions. Decisions on an application by the Director or City Manager
shall be in writing and include the reasons for the decision.
(c)
Independent Consultants. The Director or City Manager, as the case
may be, is authorized, in its discretion, to select and retain independent
consultant(s) with expertise in telecommunications in connection with
the review of any application under this Chapter. Such independent
consultant review may be retained on any issue that involves specialized
or expert knowledge in connection with an application, including,
but not limited to, application completeness or accuracy, structural
engineering analysis, or compliance with FCC radio frequency emissions
standards.
(Ord. 722 § 2, 2019)
(a)
Generally. In addition to any supplemental conditions imposed by
the Director or City Manager, as the case may be, all permits granted
pursuant to this Chapter shall be subject to the following conditions,
unless modified by the approving authority:
(1)
Code Compliance. The permittee shall at all times maintain compliance
with all applicable Federal, State and local laws, regulations and
other rules, including, without limitation, those applying to use
of public rights-of-way.
(2)
Timing of Installation. The installation and construction authorized
by a wireless encroachment permit shall begin within ninety (90) days
after its approval, or it will expire without further action by the
City. The installation and construction authorized by a wireless encroachment
permit shall conclude, including any necessary post-installation repairs
and/or restoration to the ROW, within thirty (30) days following the
day construction commenced.
(3)
Commencement of Operations. The operation of the approved facility
shall commence no later than one (1) month after the completion of
installation, or the wireless encroachment permit will expire without
further action by the City.
(4)
Inspections; Emergencies. The City or its designee may enter onto
the facility area to inspect the facility upon forty-eight (48) hours'
prior notice to the permittee. The permittee shall cooperate with
all inspections and may be present for any inspection of its facility
by the City. The City reserves the right to enter or direct its designee
to enter the facility and support, repair, disable, or remove any
elements of the facility in emergencies or when the facility threatens
imminent harm to persons or property. The City shall make an effort
to contact the permittee prior to disabling or removing any facility
elements, but in any case shall notify permittee within twenty-four
(24) hours of doing so.
(5)
Contact. The permittee shall at all times maintain accurate contact
information for all parties responsible for the facility, which shall
include a phone number, street mailing address and email address for
at least one (1) natural person.
(6)
Indemnities. The permittee and, if applicable, the owner of the property
upon which the wireless facility is installed shall defend, indemnify
and hold harmless the City, its agents, officers, officials, and employees:
(i) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and from any and all claims, demands, law suits, writs
of mandamus, and other actions or proceedings brought against the
City or its agents, officers, officials, or employees to challenge,
attack, seek to modify, set aside, void or annul the City's
approval of the permit; and (ii) from any and all damages, liabilities,
injuries, losses, costs, and expenses, and any and all claims, demands,
law suits, or causes of action and other actions or proceedings of
any kind or form, whether for personal injury, death or property damage,
arising out of or in connection with the activities or performance
of the permittee or, if applicable, the property owner or any of each
one's agents, employees, licensees, contractors, subcontractors,
or independent contractors. In the event the City becomes aware of
any such actions or claims the City shall promptly notify the permittee
and, if applicable, the property owner and shall reasonably cooperate
in the defense. The City shall have the right to approve, which approval
shall not be unreasonably withheld, the legal counsel providing the
City's defense, and the property owner and/or permittee (as
applicable) shall reimburse City for any costs and expenses directly
and necessarily incurred by the City in the course of the defense.
(7)
Performance Bond. Prior to issuance of a wireless encroachment permit,
the permittee shall file with the City, and shall maintain in good
standing throughout the term of the approval, a performance bond or
other surety or another form of security for the removal of the facility
in the event that the use is abandoned or the permit expires, or is
revoked, or is otherwise terminated. The security shall be in the
amount equal to one hundred (100) percent of the cost of physically
removing the facility and all related facilities and equipment on
the site, based on the higher of two contractor's quotes for
removal that are provided by the permittee. The permittee shall reimburse
the City for staff time associated with the processing and tracking
of the bond, based on the hourly rate adopted by the City Council.
Reimbursement shall be paid when the security is posted and during
each administrative review.
(8)
Adverse Impacts on Adjacent Properties. Permittee shall undertake
all reasonable efforts to avoid undue adverse impacts to adjacent
properties and/or uses that may arise from the construction, operation,
maintenance, modification, and removal of the facility.
(9)
Noninterference. Permittee shall not move, alter, temporarily relocate,
change, or interfere with any existing structure, improvement, or
property without the prior consent of the owner of that structure,
improvement, or property. No structure, improvement, or property owned
by the City shall be moved to accommodate a permitted activity or
encroachment, unless the City determines that such movement will not
adversely affect the City or any surrounding businesses or residents,
and the permittee pays all costs and expenses related to the relocation
of the City's structure, improvement, or property. Prior to
commencement of any work pursuant to a wireless encroachment permit,
the permittee shall provide the City with documentation establishing
to the City's satisfaction that the permittee has the legal
right to use or interfere with any other structure, improvement, or
property within the public right-of-way or City utility easement to
be affected by permittee's facilities.
(10)
No Right, Title, or Interest. The permission granted by a wireless
encroachment permit shall not in any event constitute an easement
on or an encumbrance against the public right-of-way. No right, title,
or interest (including franchise interest) in the public right-of-way,
or any part thereof, shall vest or accrue in permittee by reason of
a wireless encroachment permit or the issuance of any other permit
or exercise of any privilege given thereby.
(11)
No Possessory Interest. No possessory interest is created by a wireless
encroachment permit. However, to the extent that a possessory interest
is deemed created by a governmental entity with taxation authority,
permittee acknowledges that City has given to permittee notice pursuant
to California Revenue and Taxation Code Section 107.6 that the use
or occupancy of any public property pursuant to a wireless encroachment
permit may create a possessory interest which may be subject to the
payment of property taxes levied upon such interest. Permittee shall
be solely liable for, and shall pay and discharge prior to delinquency,
any and all possessory interact taxes or other taxes, fees, and assessments
levied against permittee's right to possession, occupancy, or
use of any public property pursuant to any right of possession, occupancy,
or use created by this permit.
(12)
General Maintenance. The site and the facility, including, but not
limited to, all landscaping, fencing, and related transmission equipment,
must be maintained in a neat and clean manner and in accordance with
all approved plans. All graffiti on facilities must be removed at
the sole expense of the permittee within forty-eight (48) hours after
notification from the City.
(13)
RF Exposure Compliance. All facilities must comply with all standards
and regulations of the FCC and any other State or Federal government
agency with the authority to regulate RF exposure standards. After
transmitter and antenna system optimization, but prior to unattended
operations of the facility, permittee or its representative must conduct
on-site post-installation RF emissions testing to demonstrate actual
compliance with the FCC OET Bulletin 65 RF emissions safety rules
for general population/uncontrolled RF exposure in all sectors. For
this testing, the transmitter shall be operating at maximum operating
power, and the testing shall occur outwards to a distance where the
RF emissions no longer exceed the uncontrolled/general population
limit.
(14)
Testing. Testing of any equipment shall take place on weekdays only,
and only between the hours of 8:30 a.m. and 4:30 p.m., except that
testing is prohibited on holidays that fall on a weekday. In addition,
testing is prohibited on weekend days.
(15)
Modifications. No changes shall be made to the approved plans without
review and approval in accordance with this Chapter.
(16)
Agreement with City. If not already completed, permittee shall enter
into the appropriate agreement with the City, as determined by the
City, prior to constructing, attaching, or operating a facility on
municipal infrastructure. This permit is not a substitute for such
agreement.
(17)
Conflicts with Improvements. For all facilities located within the
ROW, the permittee shall remove or relocate, at its expense and without
expense to the City, any or all of its facilities when such removal
or relocation is deemed necessary by the City by reason of any change
of grade, alignment, or width of any right-of-way, for installation
of services, water pipes, drains, storm drains, power or signal lines,
traffic control devices, right-of-way improvements, or for any other
construction, repair, or improvement to the right-of-way.
(18)
Abandonment. If a facility is not operated for a continuous period
of six (6) months, the wireless encroachment permit and any other
permit or approval therefor shall be deemed abandoned and terminated
automatically, unless before the end of the six (6) month period:
(i) the Director has determined that the facility has resumed operations;
or (ii) the City has received an application to transfer the permit
to another service provider. No later than ninety (90) days from the
date the facility is determined to have ceased operation or the permittee
has notified the Director of its intent to vacate the site, the permittee
shall remove all equipment and improvements associated with the use
and shall restore the site to its original condition to the satisfaction
of the Director. The permittee shall provide written verification
of the removal of the facilities within thirty (30) days of the date
the removal is completed. If the facility is not removed within thirty
(30) days after the permit has been discontinued pursuant to this
subsection, the site shall be deemed to be a nuisance, and the City
may cause the facility to be removed at permittee's expense
or by calling any bond or other financial assurance to pay for removal.
If there are two (2) or more users of a single facility or support
structure, then this provision shall apply to the specific elements
or parts thereof that were abandoned, but will not be effective for
the entirety thereof until all users cease use thereof.
(19)
Encourage Co-Location. Where the facility site is capable of accommodating
a co-located facility upon the same site in a manner consistent with
the permit conditions for the existing facility, the owner and operator
of the existing facility shall allow co-location of third party facilities,
provided the parties can mutually agree upon reasonable terms and
conditions.
(20)
Records. The permittee must maintain complete and accurate copies
of all permits and other regulatory approvals issued in connection
with the facility, which includes, without limitation, this approval,
the approved plans and photo simulations incorporated into this approval,
all conditions associated with this approval and any ministerial permits
or approvals issued in connection with this approval. In the event
that the permittee does not maintain such records as required in this
condition or fails to produce true and complete copies of such records
within a reasonable time after a written request from the City, any
ambiguities or uncertainties that would be resolved through an inspection
of the missing records will be construed against the permittee.
(21)
Attorney's Fees. In the event the City determines that it is
necessary to take legal action to enforce any of these conditions,
or to revoke a permit, and such legal action is taken, the permittee
shall be required to pay any and all costs of such legal action, including
reasonable attorney's fees, incurred by the City, even if the
matter is not prosecuted to a final judgment or is amicably resolved,
unless the City should otherwise agree with permittee to waive said
fees or any part thereof. The foregoing shall not apply if the permittee
prevails in the enforcement proceeding.
(b)
Eligible Facilities Requests. In addition to the conditions provided in subsection (a)(9) of this Section and any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits for an eligible facility requests granted pursuant to this Chapter shall be subject to the following additional conditions, unless modified by the approving authority:
(1)
Permit Subject to Conditions of Underlying Permit. Any permit granted
in response to an application qualifying as an eligible facilities
request shall be subject to the terms and conditions of the underlying
permit.
(2)
No Permit Term Extension. The City's grant or grant by operation
of law of an eligible facilities request permit constitutes a Federally-mandated
modification to the underlying permit or approval for the subject
tower or base station. Notwithstanding any permit duration established
in another permit condition, the City's grant or grant by operation
of law of a eligible facilities request permit will not extend the
permit term for the underlying permit or any other underlying regulatory
approval, and its term shall be coterminous with the underlying permit
or other regulatory approval for the subject tower or base station.
(3)
No Waiver of Standing. The City's grant or grant by operation
of law of an eligible facilities request does not waive, and shall
not be construed to waive, any standing by the City to challenge Section
6409(a) of the Spectrum Act, any FCC rules that interpret Section
6409(a) of the Spectrum Act, or any modification to Section 6409(a)
of the Spectrum Act.
(c)
Small Cell Facilities Requests. In addition to the conditions provided in subsection (a)(9) of this Section and any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits for a small cell facility granted pursuant to this Chapter shall be subject to the following condition, unless modified by the approving authority:
(1)
No Waiver of Standing. The City's grant of a permit for a small
cell facility request does not waive, and shall not be construed to
waive, any standing by the City to challenge any FCC orders or rules
related to small cell facilities, or any modification to those FCC
orders or rules.
(Ord. 722 § 2, 2019)
(a)
For Breach. A wireless encroachment permit may be revoked for failure
to comply with the conditions of the permit or applicable law. Upon
revocation, the wireless facility must be removed; provided that,
removal of a support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right-of-way
need not be removed, but must be restored to its prior condition,
except as specifically permitted by the City. All costs incurred by
the City in connection with the revocation and removal shall be paid
by entities who own or control any part of the wireless facility.
(b)
For Installation Without a Permit. An wireless facility installed
without a wireless encroachment permit (except for those exempted
by this Chapter) must be removed; provided that, removal of a support
structure owned by City, a utility, or another entity authorized to
maintain a support structure in the right-of-way need not be removed,
but must be restored to its prior condition, except as specifically
permitted by the City. All costs incurred by the City in connection
with the revocation and removal shall be paid by entities who own
or control any part of the wireless facility.
(Ord. 722 § 2, 2019)
The City, as a matter of policy, will negotiate agreements for
use of municipal infrastructure. The placement of wireless facilities
on those structures shall be subject to the agreement. The agreement
shall specify the compensation to the City for use of the structures.
The person seeking the agreement shall additionally reimburse the
City for all costs the City incurs in connection with its review of,
and action upon the person's request for, an agreement.
(Ord. 722 § 2, 2019)
In establishing the rights, obligations, and conditions set
forth in this Chapter, it is the intent of the City to treat each
applicant or public right-of-way user in a competitively neutral and
nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and
legal status of each particular applicant or request for use of the
public rights-of-way.
(Ord. 722 § 2, 2019)
