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The public works director may deny a permit request in order to protect the public health, safety and welfare; to prevent interference with the safety and convenience of ordinary travel over the right-of-way; or when necessary to protect the right-of-way and its users. In determining to deny a permit, the public works director will consider the following factors: (i) the extent to which right-of-way space is available; (ii) the competing demands for the particular space in the right-of-way; (iii) the availability of other locations or other right-of-way.
(Ord. 1984 - Nov. 19 Supp.)
The Company shall not transfer its equipment located in the right-of-way or its business to any other entity without giving the City of Ankeny a 90-day prior written notice of such proposed transfer. The city may refuse consent to a proposed transfer if it determines that the proposed transferee lacks the expertise, experience, financial resources or sufficient personnel required to maintain the said equipment and/or the right-of-way associated therewith.
(Ord. 1984 - Nov. 19 Supp.)
The Company shall not expand, enlarge, or change the use of its equipment within the right-of-way without giving the city a 90-day prior written notice of such proposed change in use and without obtaining the prior written consent of the public works director to such change in use. In such notice, the registrant shall clearly and completely set forth the proposed change in use of equipment. Enlarging or expanding an existing utility within the right-of-way will require the same application process and fee requirements as an initial installation of facilities.
(Ord. 1984 - Nov. 19 Supp.)
Any company that abandons or ceases use of its equipment within the right of way shall make provisions to remove said equipment from the right-of-way within the next 12 months. Any delay or suspension of this requirement shall be approved by the public works director. Unused underground conduits, cables, and pipes may be abandoned in-place (without removal) only upon approval of the public works director.
(Ord. 1984 - Nov. 19 Supp.)
Small Wireless Facilities are compact, low power wireless communication transceivers which can be mounted on street lights or utility poles within the street right-of-way or on other city property pending issuance of a permit. Subject to the following provisions and conditions, a company that proposes to install a Small Wireless Facility (SWF) on an existing street light pole within the city right-of-way, on a new pole within the right-of-way, or on other facilities owned by the City of Ankeny within the right-of-way or on city property, shall be subject to a Small Wireless Facility Permit according to this section.
1. Said Small Wireless Facility installations are subject to the requirements of Chapter 151 in addition to the requirements of this section.
2. The SWF permit and corresponding fee applies only to the spot facility installation. The permits identified in Section 122.02 and subsequent sections of this chapter shall apply to any wiring and conduits that are installed within the right-of-way to provide power or fiber optics to the SWF.
(Ord. 1984 - Nov. 19 Supp.)
3. Locations of Small Wireless Facilities: The strong preference for locations of SWF's within Ankeny are on non-City owned poles and infrastructure. If city infrastructure must be used, it shall be on streetlights, buildings or towers. SWF installations shall be restricted from city traffic signal poles due to the complexity of the signal systems present in the poles. Also, the city traffic signals are located at high-traffic volume intersections where SWF installations would create safety hazards and disruption to traffic.
A. SWF installations shall be located as far as feasible from residential neighborhoods. Installations along some of Ankeny's main corridors may not be possible due to the quantity of existing utilities within those corridors. Alternate locations will be coordinated with the City.
B. New poles that are installed within the right-of-way to facilitate a SWF installation shall meet the requirements of the zoning district that applies to the adjacent property, including height and appearance. Said new poles shall match the height of any surrounding poles. SWF installations on new poles will be considered by the city only after exhausting options for SWF installations on existing poles.
(Ord. 1984 - Nov. 19 Supp.)
C. A separation distance of at least one city block or approximately 300 feet shall be maintained between SWF installations. A lesser distance may be allowed by the city when it is justified by the applicant due to coverage or service gap issues.
4. Aesthetics: Small Wireless Facility installations shall be completed with regard to the aesthetics of the surroundings. The SWF equipment shall match the color, dimensions and style of the host pole and nearby poles as closely as possible. For SWF installations that include the replacement of a street light pole, the replacement pole shall match the color, dimensions, height and style of the existing street light pole. For uniformity of lighting, any replacement street light poles shall have the same fixture type and wattage as the existing street light.
A. Uptown Ankeny and The District at Prairie Trail are special commercial districts within Ankeny that have black decorative street lights. SWF installations within these districts will need to utilize existing poles or replacement poles that match the exact style of the existing decorative street lights.
B. Screening: If a SWF installation does not aesthetically blend in to the surrounding environment, screening of the equipment may be required by the City. Screening features shall be approved by the city and may include camouflage treatments or solid coverings that fully mask the SWF equipment from view and environmentally match the surrounding.
C. For a SWF installation within the right-of-way, no other above-ground equipment such as accessory structures or cabinets at-grade will be allowed.
D. The total volume of the equipment and fixtures that comprises a SWF shall not exceed 28 cubic feet exclusive of the antenna. No guy wires or other auxiliary supports can be used to fortify a SWF installation.
5. Structural Certification: As part of the permit application process, each SWF installation shall be certified by a professional engineer licensed in Iowa that the installation will be structurally sound in accordance with applicable standards including the National Electric Safety Code, ANSI, TIA, and EIA standards.
6. Discontinuation and Relocation: If an SWF is no longer needed, the service provider shall immediately inform the city. Any SWF within the city that is no longer in operation shall be considered abandoned and shall be removed by the service provider within 12 months.
A. If the city undertakes a street or utility project that will require the relocation or modification of an existing SWF, the service provider shall accommodate the City project by scheduling and completing the relocation or modification so that the City project is not delayed in accordance with Sections 122.04 and 122.05 of this chapter. All costs associated with the relocation or modification of the SWF shall be the responsibility of the service provider.
(Ord. 1970 - May 19 Supp.)
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