The ordinance codified in this chapter shall be known and may be referenced as the "small wireless facilities ordinance."
(Ord. 552 § 1, 2020)
A.
Purpose. The purpose of this chapter is to establish reasonable and nondiscriminatory policies and procedures for the placement of small wireless facilities in rights-of-way within the city's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and reasonable aesthetic qualities of the city rights-of-way and the city as a whole.
B.
Intent. In enacting this chapter, the city is establishing uniform standards consistent with federal law to address the placement of small wireless facilities and associated poles in the rights-of-way, including, without limitation, to manage the public rights-of-way in order to:
1.
Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
2.
Prevent the creation of obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
3.
Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
4.
Protect against environmental damage, including damage to trees;
5.
Preserve the character of the community, historic districts or areas with decorative poles; and
6.
Facilitate technology advancements, such as deployment of small wireless facilities, to provide the benefits of wireless services.
(Ord. 552 § 1, 2020)
means the same as defined in 47 Code of Federal Regulations (C.F.R.) Section 1.6002(b), as may be amended or superseded. The term includes an apparatus designed for the purpose of emitting radio frequencies (RF) to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R, Part 15.
means the same as defined 47 C.F.R. §1.6002(c), as may be amended or superseded, which defines the term to mean equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
means the same as defined in 47 C.F.R. Section 1.6002(d), as may be amended or superseded, which defines the term to mean an antenna and associated antenna equipment.
means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or state or local amendments to those codes that are of general application and consistent with state and federal law.
means any person who submits an application as or on behalf of a wireless provider.
means requests submitted by an applicant: (1) for permission to collocate small wireless facilities; or (2) to approve the installation, modification or replacement of a structure on which to collocate a small wireless facility in the rights-of-way, where required.
means a structure owned by the city of Happy Valley and for purposes of this chapter, means structures located in the rights-of-way within the city's jurisdictional boundaries that are owned, managed or operated by the city or any subdivision or instrumentality thereof, including electric utilities. The definition includes, but is not limited to, streetlights, traffic signals, utility poles, free-standing poles and similar structures.
means the same as defined in 47 C.F.R. Section 1.6002(g), as may be amended or superseded, which defines that term to mean: (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" has a corresponding meaning.
means calendar day. For purposes of the FCC shot clock, a terminal day that falls on a holiday or weekend shall be deemed to be the next immediate business day. Shot clock provisions that apply to small wireless facilities are codified in 47 C.F.R. Section 1.6003.
means a city structure that is specially designed and placed for aesthetic purposes.
means local franchise agreements, right-of-way permits, engineering permits, building permits and if applicable, land use permits.
means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the city.
means a type of structure in the rights-of-way that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for collocation of small wireless facilities; provided, such term does not include a tower, building or electric transmission structures.
is as defined in Chapter 16.12 (Definitions) of this title.
means inspections, testing, repair, and modifications subject to C.F.R. Section 6409(a) that maintain functional capacity, aesthetic and structural integrity of a small wireless facility and/or the associated pole or structure.
means a facility that meets each of the following conditions per 47 C.F.R Section 1.6002(l), as may be amended or superseded:
The facilities: (a) are mounted on structures 50 feet or less in height including the antennas; or (b) are mounted on structures no more than 10% taller than other adjacent structures, or (c) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater; and
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; and
The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
means the same as defined in 47 C.F.R. Section 1.6002(m), as may be amended or superseded, which defines that term as a pole, tower, or base station, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of service).
means any person, including a person authorized to provide communications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, but that is not a wireless services provider.
means a wireless infrastructure provider or a wireless services provider.
means a person who provides personal wireless services (whether or not it is comingled with other services).
(Ord. 552 § 1, 2020)
A.
Permitted Use. The following uses within the rights-of-way shall be a permitted use, subject to compliance with the applicable design standards found within the city's Engineering Design Standards Manual and are subject to administrative review only and issuance of a permit as set forth in this chapter:
B.
Permissions Required. Except as otherwise provided in this chapter, no person shall place any small wireless facility described in subsection A of this section, in the rights-of-way, without first filing an application for the facility and obtaining necessary city permissions.
C.
Application Requirements. All applications shall follow the adopted city requirements for the pertinent permissions.
D.
Routine Maintenance and Replacement. An application shall not be required for: (1) routine maintenance; or (2) the replacement of a small wireless facility with another small wireless facility that is the same, substantially similar or smaller in size and weight and height. The city may require a permit for work within the right-of-way. Such a permit must be issued to the applicant on a non-discriminatory basis upon terms and conditions applied to any other person performing similar activities, regardless of technology, in the rights-of-way.
E.
Information Updates. Any amendment to non-material information contained in an application shall be submitted in writing to the city within 30 days of the change.
F.
Application Fees. Application fees shall be set by the city's master fee schedule.
(Ord. 552 § 1, 2020)
A.
The city must process all applications on a nondiscriminatory basis and may deny an application subject to this chapter if the proposed small wireless facility or new, modified, or replaced pole:
1.
Materially and demonstrably interferes with the safe operation of traffic control equipment;
2.
Materially and demonstrably interferes with sight lines or clear zones for transportation or pedestrians;
3.
Materially fails to comply with the Americans with Disabilities Act or similar federal, state, or local laws, standards and regulations regarding pedestrian access or movement;
4.
Fails to comply with applicable codes, standards and regulations, including the city's design standards; or
5.
Fails to comply with the provisions in this chapter.
B.
The city must act on an application within the applicable shot clock provisions as codified in 47 C.F.R. Section 1.6003 and provide written notice to the applicant if the application is denied. The written notice shall state the reasons for denial, with reference to specific code provisions, ordinance, application instruction or otherwise publicly-stated procedures on which the denial was based, and be sent to the applicant within five days after the city denies the application or before the applicable FCC shot clock expires, whichever occurs first.
(Ord. 552 § 1, 2020)
A.
Maximum Size of Permitted Use. Any wireless provider that seeks to install, modify, or replace facilities on a pole in the rights-of-way that exceeds the height limits contained in Section 12.06.030, definition for "small wireless facility," subsection (1), shall be subject to applicable requirements of 16.44.020 "Wireless communications facilities."
B.
Decorative Poles. Subject to this code and applicable design standards, a wireless provider is permitted to collocate on or replace a decorative pole when necessary to collocate a small wireless facility; provided that any such replacement pole shall, to the extent feasible, replicate the design of the pole being replaced.
(Ord. 552 § 1, 2020)
A.
Authority Granted—No Property Right or Other Interest Created. A permit from the city authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the rights-of-way. A permit from the city does not grant a right-of-way license or right to provide services.
B.
Permit Duration.
1.
A permit for construction granted pursuant to this section shall be valid for the period of time associated with the public right-of-way permit, engineering permit or applicable building permit after issuance unless the city agrees to extend this period for good cause, including, but not limited to, delay caused by the lack of commercial power or communications facilities, or by other events outside of the reasonable control of the wireless provider.
2.
The installed facility is subject to applicable relocation requirements, termination for material noncompliance after notice and a reasonable opportunity to cure, and an applicant's right to terminate a permit at anytime.
(Ord. 552 § 1, 2020)
A.
Notice. The city shall provide the applicant reasonable advance notice, but no less than 30 days following written notice from the city, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way. These public improvements may be constructed by the city or another entity.
B.
Emergency Removal or Relocation of Facilities. The city retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the city in the event of an emergency, as the city may determine to be necessary, appropriate or useful in response to any imminent danger to public health, safety, or property. If circumstances permit, the city shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider promptly after cutting or removing a small wireless facility.
C.
Abandonment of Facilities. Abandonment of small wireless facilities shall mirror those found in the requirements of Section 16.44.020(D)(4) of this code.
D.
Damage and Repair. The city may require a wireless provider to repair all damage to the rights-of-way directly caused by the activities of the wireless provider and return the rights-of-way to its functional equivalence before the damage pursuant to the competitively neutral, reasonable requirements and specifications. If the wireless provider fails to make the repairs within 60 days after written notice, the city may affect those repairs and charge the applicable party the actual, documented cost of such repairs.
(Ord. 552 § 1, 2020)
Collocation on City Structures. Small wireless facilities may be collocated on city structures in the rights-of-way pursuant to this chapter. No person will be permitted an exclusive arrangement or an arrangement which excludes otherwise qualified applicants to attach to city structures in the rights-of-way. A person who purchases or otherwise acquires a city structure is subject to the requirements of this section.
(Ord. 552 § 1, 2020)
The recurring rate for use of the ROW and attachment of small wireless facilities to a city structure in the ROW shall be subject to the city's master fee schedule which is adopted and updated via city council resolution.
(Ord. 552 § 1, 2020)