The purpose and intent of this chapter is to provide a uniform
and comprehensive set of regulations and standards for the permitting,
development, siting, installation, design, operation and maintenance
of wireless telecommunications facilities in the City's public
right-of-way. These regulations are intended to prescribe clear and
reasonable criteria to assess and process applications in a consistent
and expeditious manner, while reducing the impacts associated with
wireless telecommunications facilities. This chapter provides standards
necessary: (1) for the preservation of the public right-of-way (PROW)
in the City for the maximum benefit and use of the public; (2) to
promote and protect public health and safety, community welfare, visual
resources and the aesthetic quality of the City consistent with the
goals, objectives and policies of the general plan; and (3) to provide
for the orderly, managed and efficient development of wireless telecommunications
facilities in accordance with the state and federal laws, rules and
regulations, including those regulations of the Federal Communications
Commission (FCC) and California Public Utilities Commission (CPUC);
and (4) to ensure that the use and enjoyment of the PROW is not inconvenienced
by the use of the PROW 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 laws. This chapter shall be constructed and applied
in consistency with the provisions of state and federal laws, and
the rules and regulations of FCC and CPUC. In the event of any inconsistency
between any such laws, rules and regulations and this chapter, the
laws, rules and regulations shall control.
(Ord. 1667(19) § 7)
"Accessory equipment"
means any and all on-site equipment, including, without limitation,
back-up generators and power supply units, cabinets, coaxial and fiber
optic cables, connections, equipment buildings, shelters, radio transceivers,
transmitters, pedestals, splice boxes, fencing and shielding, surface
location markers, meters, regular power supply units, fans, air conditioning
units, cables and wiring, to which an antenna is attached in order
to facilitate the provision of wireless telecommunication services.
"Antenna"
means that specific device for transmitting and/or receiving
radio frequency or other signals for purposes of wireless telecommunications
services. Antenna is specific to the antenna portion of a wireless
telecommunications facility.
"Antenna array"
means two or more antennas having active elements extending
in one or more directions, and directional antennas mounted upon and
rotated through a vertical mast or tower interconnecting the beam
and antenna support, all of which elements are deemed to be part of
the antenna.
"Base station"
has the meaning set forth in Title 47 of the Code of Federal
Regulations (CFR), Section 1.6100(b)(1), or any successor provision.
This means a structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network (regardless of the technological configuration,
and encompassing Distributed Antenna Systems (DAS) and small cells).
Base station does not encompass a tower or any equipment associated
with a tower. Base station includes, without limitation:
1.
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
2.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including DAS and small cells).
3.
Any structure other than a tower that, at the time the relevant
application is filed with the City under this chapter, supports or
houses equipment described in paragraphs 1 and 2 of this definition
that has been reviewed and approved under the applicable zoning or
siting process, or under another state or local regulatory review
process, even if the structure was not built for the sole or primary
purpose of providing that support.
4.
Base station does not include any structure that, at the time
the relevant application is filed under this chapter, does not support
or house equipment described in paragraphs 1 and 2 of this definition.
Other structures that do not host wireless telecommunications facilities
are not base stations.
As an illustration and not a limitation, the FCC's
definition of base station refers to any structure that actually supports
wireless equipment even though it was not originally intended for
that purpose. Examples include, but are not limited to, wireless facilities
mounted on buildings, utility poles, light standards or traffic signals.
A structure without wireless equipment replaced with a new structure
designed to bear the additional weight from wireless equipment constitutes
a base station.
"Cellular"
means an analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
"Collocation"
bears the following meanings:
1.
For the purposes of any eligible facilities request, the same
as defined by the FCC in 47 CFR Section 1.6100(b)(2), as may be amended,
which defines that term as "[t]he mounting or installation of
transmission equipment on an eligible support structure for the purpose
of transmitting and/or receiving radio frequency signals for communications
purposes." As an illustration and not a limitation, the FCC's
definition means to add transmission equipment to an existing facility
and does not necessarily refer to two or more different facility operators
in the same location; and
2.
For all other purposes, the same as defined in 47 CFR Section
1.6002(g)(1) and (2), as may be amended, which defines that term as:
(1) mounting or installing an antenna facility on a preexisting structure;
and/or (2) modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
"Collocation facility"
means the eligible support structure on, or immediately adjacent
to, which a collocation is proposed, or a wireless telecommunications
facility that includes collocation facilities. (See
Government Code
Section 65850.6(d).)
"Community Development Director"
means the Director of Community Development or his or her
designee, or, in the absence of the Director of Community Development,
the Planning Manager, or designee.
"COW"
means a cell on wheels, which is a portable, self-contained
wireless telecommunications facility that can be moved to a location
and set up to provide wireless telecommunication services, which facility
is temporarily rolled in, or temporarily installed, at a location.
Under this chapter, the maximum time a facility can be installed to
be considered a COW is five days. A COW is normally vehicle-mounted
and contains a telescoping boom as the antenna support structure.
"Distributed antenna system or DAS"
means a network of spatially separated antennas (nodes) connected
to a common source (a hub) via a transport medium (often fiber optics)
that provide wireless telecommunications service within a specific
geographic area or building. DAS includes the transport medium, the
hub, and any other equipment to which the DAS network or its antennas
or nodes are connected to provide wireless telecommunication services.
"Eligible facilities request"
means any request for modification to an existing eligible
support structure that does not substantially change the physical
dimensions of such structure, involving:
1.
Collocation of new transmission equipment;
2.
Removal of transmission equipment;
3.
Replacement of transmission equipment (replacement does not
include completely replacing the underlying support structure); or
4.
Hardening through structural enhancement where such hardening
is necessary to accomplish the eligible facilities request, but does
not include replacement of the underlying support structure.
Eligible facilities request does not include modifications or
replacements when an eligible support structure was constructed or
deployed without proper local review, was not required to undergo
local review, or involves equipment that was not properly approved.
Eligible facilities request does include collocation facilities satisfying
all the requirements for a non-discretionary collocation facility
pursuant to Government Code Section 65850.6.
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"Eligible support structure"
means any support structure located in the PROW that is existing
at the time the relevant application is filed with the City under
this chapter.
"Existing"
means a support structure, wireless telecommunications facility,
or accessory equipment that has been reviewed and approved under the
City's applicable zoning or siting process, or under another
applicable state or local regulatory review process, and lawfully
constructed prior to the time the relevant application is filed under
this chapter. However, a support structure, wireless telecommunications
facility, or accessory equipment that has not been reviewed and approved
because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this chapter. Existing does
not apply to any structure that:(1) was illegally constructed without
all proper local agency approvals; or (2) was constructed in noncompliance
with such approvals. Existing does not apply where an existing support
structure is proposed to be replaced in furtherance of the proposed
wireless telecommunications facility.
"FCC"
means the Federal Communications Commission.
"Ground-mounted"
means mounted to a pole, tower or other freestanding structure
which is specifically constructed for the purpose of supporting an
antenna or wireless telecommunications facility and placed directly
on the ground at grade level.
"Lattice tower"
means an open framework structure used to support one or
more antennas, typically with three or four support legs.
"Modification"
means a change to an existing wireless telecommunications
facility that involves any of the following: collocation, expansion,
alteration, enlargement, intensification, reduction, or augmentation,
including, but not limited to, changes in size, shape, color, visual
design, or exterior material. Modification does not include repair,
replacement or maintenance if those actions do not involve whatsoever
any expansion, alteration, enlargement, intensification, reduction,
or augmentation of an existing wireless telecommunications facility.
"Monopole"
means a structure composed of a pole or tower used to support
antennas or related equipment. A monopole also includes a monopine,
monopalm and similar monopoles camouflaged to resemble faux trees
or other faux objects attached on a monopole (e.g., water tower).
"OTARD antennas"
means antennas covered by the "over-the-air reception
devices" rule in 47 CFR Section 1.4000 et seq., as may be amended
or replaced from time to time.
"Permittee"
means any person or entity granted a WTFP pursuant to this
chapter.
"Pole"
means a single shaft of wood, steel, concrete or other material
capable of supporting the equipment mounted thereon in a safe and
adequate manner and as required by provisions of this code.
"Public right-of-way or PROW"
means a strip of land acquired by reservation, dedication,
prescription, condemnation, or easement that allows for the passage
of people and goods. The PROW includes, but is not necessarily limited
to, streets, curbs, gutters, sidewalks, roadway medians, and parking
strips. The PROW does not include lands owned, controlled or operated
by the City for uses unrelated to streets or the passage of people
and goods, such as, without limitation, parks, City hall and community
center lands, City yards, and lands supporting reservoirs, water towers,
police or fire facilities and nonpublicly accessible utilities.
"Replacement"
means only replacement of transmission equipment, wireless
telecommunications facilities or eligible support structures where
the replacement structure will be of like-for-like kind to resemble
the appearance and dimensions of the structure or equipment replaced,
including size, height, color, landscaping, materials and style.
1.
In the context of determining whether an application qualifies
as an eligible facilities request, the term "replacement"
relates only to the replacement of transmission equipment and does
not include replacing the support structure on which the equipment
is located.
2.
In the context of determining whether a SWF application qualifies
as being placed upon a new eligible support structure or qualifies
as a collocation, an application proposing the replacement of the
underlying support structure qualifies as a new pole proposal.
"RF"
means radio frequency.
"Small cell"
means a low-powered antenna (node) that has a range of ten
meters to two kilometers. The nodes of a small cell may or may not
be connected by fiber. "Small," for purposes of small
cell, refers to the area covered, not the size of the facility. Small
cell includes, but is not limited to, devices generally known as microcells,
picocells and femtocells.
"Spectrum Act"
means Section 6409(a) of the Middle Class Tax Relief Act
and Job Creation Act of 2012, codified as 47 USC Section 1455(a),
as may be amended.
"Substantial change"
has the meaning set forth by the FCC at 47 CFR Section 1.6100(b)(7),
as may be amended. Notwithstanding the definition above, if an existing
pole-mounted cabinet is proposed to be replaced with an underground
cabinet at a facility where there are no pre-existing ground cabinets
associated with the structure, such modification may be deemed a non-substantial
change, in the discretion of the Community Development Director and
based upon their reasonable consideration of the cabinet's proximity
to residential view sheds, interference to public views and/or degradation
of concealment elements. If undergrounding the cabinet is technologically
infeasible such that it is materially inhibitive to the project, the
Community Development Director may allow for a ground mounted cabinet.
A modification or collocation results in a substantial change to the
physical dimensions of an eligible support structure if it does any
of the following:
1.
It increases the height of the structure by more than ten percent
or more than ten feet, whichever is greater;
2.
It involves adding an appurtenance to the body of the structure
that would protrude from the edge of the structure by more than six
feet;
3.
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets. However, for towers and base stations located in the
public rights-of-way, it involves installation of any new equipment
cabinets on the ground if there are no pre-existing ground cabinets
associated with the structure, or else involves installation of ground
cabinets that are more than ten percent larger in height or overall
volume than any other ground cabinets associated with the structure;
4.
It entails any excavation or deployment outside the current
site. For purposes of this subsection, excavation outside the current
site occurs where excavation more than twelve feet from the eligible
support structure is proposed;
5.
It defeats the concealment or stealthing elements of the eligible
support structure;
6.
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure, provided however that this limitation does not apply to
any modification that is non-compliant only in a manner that would
not exceed the thresholds identified in paragraphs 1 through 4 of
this definition;
7.
For all proposed collocations and modifications, a substantial
change occurs when:
a.
The proposed collocation or modification involves more than
the standard number of new equipment cabinets for the technology involved,
but not to exceed four equipment cabinets,
b.
The proposed collocation or modification would defeat the concealment
elements of the support structure, or
c.
The proposed collocation or modification violates a prior condition
of approval; provided, however, that the collocation need not comply
with any prior condition of approval that is inconsistent with the
thresholds for a substantial change described in this Section.
The thresholds and conditions for a substantial change described
in this Section are disjunctive such that the violation of any individual
threshold or condition results in a substantial change. The height
and width thresholds for a substantial change described in this Section
are cumulative for each individual support structure. The cumulative
limit is measured from the physical dimensions of the original structure
for base stations, and for all other facilities sites in the PROW
from the smallest physical dimensions that existed on or after February
22, 2012, inclusive of originally approved-appurtenances and any modifications
that were approved prior to that date.
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"Support structure"
means a tower, pole, base station or other structure used
to support a wireless telecommunications facility.
"SWF"
means a small wireless facility as defined by the FCC in
47 CFR Section 1.6002(l), as may be amended, which is a personal wireless
service facility that meets all the following conditions, listed here
for convenience only:
1.
The facility:
a.
Is mounted on an existing or proposed structure 50 feet or less
in height, including antennas, as defined in 47 CFR Section 1.1320(d),
or
b.
Is mounted on an existing or proposed structure no more than
ten percent taller than other adjacent structures, or
c.
Does not extend an existing structure on which it is located
to a height of more than 50 feet or by more than ten percent, whichever
is greater;
2.
Each antenna associated with the deployment, excluding associated
antenna equipment (as defined in 47 CFR Section 1.1320(d), as may
be amended), is no more than three cubic feet in volume;
3.
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
28 cubic feet in volume;
4.
The facility does not require antenna structure registration
under 47 CFR Part 17;
5.
The facility is not located on Tribal lands, as defined in 36
CFR Section 800.16(x), as may be amended; and
6.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR Section 1.1307(b), as may be amended.
"SWF regulations"
means those regulations adopted by the City Council (Policy
for Approving Small Wireless Facilities) implementing the provisions
of this chapter applicable to SWFs and further regulations and standards
applicable to SWFs.
"Telecommunications tower or tower"
has the meaning ascribed to wireless towers by the FCC in
47 CFR Section 1.6100(b)(9), as may be amended, including, without
limitation, a freestanding mast, pole, monopole, guyed tower, lattice
tower, free standing tower or other structure designed and 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 wireless communications 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.
"Transmission equipment"
means equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with wireless communications 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.
"Utility pole"
means any pole or tower owned by any utility company that
is primarily used to support wires or cables necessary to the provision
of electrical or other utility services regulated by the California
Public Utilities Commission. A telecommunications tower is not a utility
pole.
"Wireless telecommunications facility"
means equipment and network components such as antennas,
accessory equipment, support structures, and emergency power systems
that are integral to providing wireless telecommunications services.
Exceptions: The term "wireless telecommunications facility"
does not apply to the following:
1.
Government-owned and operated telecommunications facilities.
2.
Emergency medical care provider-owned and operated telecommunications
facilities.
3.
Mobile services providing public information coverage of news
events of a temporary nature.
4.
Any wireless telecommunications facilities exempted from this
code by federal law or state law.
"Wireless telecommunications services"
means the provision of services using a wireless telecommunications
facility or a collocation facility, and shall include, but is not
limited to, the following services: personal wireless services as
defined in the federal Telecommunications Act of 1996 at 47 USC Section
332(c)(7)(C), as may be amended, cellular service, personal communication
service, and/or data radio telecommunications.
"WTFP"
means a wireless telecommunications facility design review
permit required by this chapter, which may be categorized as either
a Major WTFP or an Administrative WTFP.
(Ord. 1667(19) § 7)
All wireless telecommunications facilities must comply at all
times with the following operation and maintenance standards:
A. 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 the PROW. The permittee
shall ensure that all equipment and other improvements to be constructed
and/or installed in connection with the approved WTFP are maintained
in a manner that is not detrimental or injurious to the public health,
safety, and general welfare and that the aesthetic appearance is continuously
preserved, and substantially the same as shown in the approved plans
at all times relevant to the WTFP.
B. Unless
otherwise provided herein, all necessary repairs and restoration shall
be completed by the permittee, owner, operator or any designated maintenance
agent at its sole cost within 48 hours:
1. After
discovery of the need by the permittee, owner, operator or any designated
maintenance agent; or
2. After
permittee, owner, operator or any designated maintenance agent receives
notification from the City.
C. Insurance.
The permittee shall obtain and maintain throughout the term of the
permit a type and amount of insurance as specified by the Community
Development Director. The relevant policy(ies) shall name the City,
its elected/appointed officials, commission members, officers, representatives,
agents, and employees as additional insured. The permittee shall use
its best efforts to provide 30 days' prior notice to the Community
Development Director of to the cancellation or material modification
of any applicable insurance policy.
D. 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:
(1) 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 (2) 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 private 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 private 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 the City for
any costs and expenses directly and necessarily incurred by the City
in the course.
E. 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 100% of the
cost of removal of the facility as specified in the application for
the WTFP or as that amount may be modified by the Community Development
Director in the permit based on the characteristics of the installation.
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.
F. 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. All facilities, including
each piece of equipment, shall be located and placed in a manner so
as to not interfere with the use of the PROW, impede the flow of vehicular
or pedestrian traffic, impair the primary use and purpose of poles/signs/traffic
signals or other infrastructure, interfere with outdoor dining areas
or emergency facilities, or otherwise obstruct the accessibility of
the PROW.
G. Contact
Information. Each permittee of a wireless telecommunications facility
shall provide the Community Development Director with the name, address
and 24-hour local or toll free contact phone number of the permittee,
the owner, the operator and the agent responsible for the maintenance
of the facility ("contact information"). Contact information
shall be updated within seven days of any change.
H. All
facilities, including, but not limited to, telecommunication towers,
poles, accessory equipment, lighting, fences, walls, shields, cabinets,
artificial foliage or camouflage, and the facility site shall be maintained
in good condition, including ensuring the facilities are reasonably
free of:
1. Subsidence,
cracking, erosion, collapse, weakening, or loss of lateral support
to City streets, sidewalks, walks, curbs, gutters, trees, parkways,
street lights, traffic signals, improvements of any kind or nature,
or utility lines and systems, underground utility line and systems
(water, sewer, storm drains, gas, oil, electrical, etc.) that result
from any activities performed in connection with the installation
and/or maintenance of a wireless facility in the PROW.
3. Chipped,
faded, peeling, and cracked paint;
5. Cracks,
dents, and discoloration;
6. Missing,
discolored or damaged artificial foliage or other camouflage;
7. Graffiti,
bills, stickers, advertisements, litter and debris. All graffiti on
facilities must be removed at the sole expense of the permittee within
48 hours after notification from the City.
8. Broken
and misshapen structural parts; and
9. Any
damage from any cause.
I. All
trees, foliage or other landscaping elements approved as part of the
facility shall be maintained in neat, safe and good condition at all
times, and the permittee, owner and operator of the facility shall
be responsible for replacing any damaged, dead or decayed landscaping.
No amendment to any approved landscaping plan may be made until it
is submitted to and approved by the Community Development Director.
J. The
permittee shall replace its facilities, after obtaining all required
permits, if maintenance or repair is not sufficient to return the
facility to the condition it was in at the time of installation.
K. Each
facility shall be operated and maintained to comply at all conditions
of approval. The permittee, when directed by the City, must perform
an inspection of the facility and submit a report to the Community
Development Director on the condition of the facility to include any
identified concerns and corrective action taken. Additionally, as
the City performs maintenance on City-owned infrastructure, additional
maintenance concerns may be identified. These will be reported to
the permittee. The City shall give the permittee 30 days to correct
the identified maintenance concerns after which the City reserves
the right to take any action it deems necessary, which could include
revocation of the permit. The burden is on the permittee to demonstrate
that it complies with the requirements herein. Prior to issuance of
a permit under this chapter, the owner of the facility shall sign
an affidavit attesting to understanding the City's requirement
for performance of annual inspections and reporting.
L. All
facilities permitted pursuant to this chapter shall comply with the
Americans with Disabilities Act.
M. The
permittee is responsible for obtaining power to the facility and for
the cost of electrical usage.
N. Failure
to comply with the City's adopted noise standard after written
notice and reasonable opportunity to cure have been given shall be
grounds for the City to revoke the permit.
O. Interference.
1. The
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 PROW
or City utility easement to be affected by permittee's facilities.
2. The
facility shall not damage or interfere in any way with City property,
the City's operations or the operations of prior-existing, third
party installations. The City will reasonably cooperate with the permittee
and/or carrier to carry out such activities as are necessary to correct
the interference.
a. Signal Interference. The permittee shall correct any such interference
within 24 hours of written notification of the interference. Upon
the expiration of the 24-hour cure period and until the cause of the
interference is eliminated, the permittee shall cease operation of
any facility causing such interference until such interference is
cured.
b. Physical Interference. The City shall give the permittee 30 days
to correct the interference after which the City reserves the right
to take any action it deems necessary, which could include revocation
of the permit.
3. The
City at all times reserves the right to take any action it deems necessary,
in its sole discretion, to repair, maintain, alter, or improve the
sites. Such actions may temporarily interfere with the operation of
the facility. The City will in all cases, other than emergencies,
give the applicant 30 days' written notification of such planned,
non-emergency actions.
P. 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, the permittee or its representative must
conduct on-site post-installation RF emissions testing to demonstrate
actual compliance with the FCC Office of Engineering and Technology
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.
1. 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.
Q. 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.
R. Attorney's
Fees. In the event the City determines 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, including the City Attorney, 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.
(Ord. 1667(19) § 7)
No person shall install, use or maintain any wireless telecommunications
facility that in whole or in part rests upon, in or over any public
right-of-way, when such installation, use or maintenance endangers
or is reasonably likely to endanger the safety of persons or property,
or when such site or location is used for public utility purposes,
public transportation purposes or other governmental use, or when
such facility unreasonably interferes with or unreasonably impedes
the flow of pedestrian or vehicular traffic including any legally
parked or stopped vehicle, the ingress into or egress from any residence
or place of business, the use of poles, posts, traffic signs or signals,
hydrants, mailboxes, permitted sidewalk dining, permitted street furniture
or other objects permitted at or near said location.
(Ord. 1667(19) § 7)
Compliance with the provisions of this chapter shall not relieve
a person from complying with any other applicable provision of this
code. In the event of a conflict between any provision of this chapter
and other sections of this code, this chapter shall control.
(Ord. 1667(19) § 7)
The implementation of this chapter and decisions on applications
for placement of wireless telecommunications facilities in the PROW
shall, at a minimum, ensure the requirements of this chapter are satisfied,
unless it is determined the 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, then the requirements of this chapter may be waived, but
only to the minimum extent required to avoid the prohibition or violation.
(Ord. 1667(19) § 7)