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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.)
Fees for the various permits as specified in this section shall be paid by the Company prior to the occupation and use of the right-of-way by the Company for the provision of utility enterprise services.
1. Right-of-Way Permit Fee: A right-of-way permit fee as stipulated in Chapter 151 - Excavations shall be charged to the Company for each permit application.
2. Plan Review Fee: A plan review fee shall be charged to the Company when submitting plans and specifications for a new or expanded utility installation of at least 300 feet in length or for a utility equipment installation within the right-of-way that, in the opinion of the public works director, is of sufficient scope and complexity to require an in-depth review by city staff. The plan review fee is intended to recover the salary, benefits, and overhead costs to the city of the city employees reviewing such plans and specifications.
3. Occupancy Permit Fee: The Company shall pay an occupancy permit fee based on the amount of equipment that is proposed to be installed within the City of Ankeny street right-of-way, measured in equivalent lineal feet as stipulated as follows. The occupancy permit fee shall be determined by multiplying that user's number of equivalent lineal feet of equipment in city right-of-way by the fee amount set forth as follows.
A. The occupancy permit fee shall reflect the diminution in the functional utility of the right-of-way for use by the city and shall be based upon such factors as the value of private property abutting the right-of-way to be used and the Company's avoided cost in using the city right-of-way as opposed to establishing a private easement.
4. Schedule of Permit Fees: The following permit fees shall be paid by the Company for each separate utility installation, in conformance with the requirements of Iowa Code Chapter 480A. These fee amounts shall be in effect until such time that the fee amounts are amended by the city council by resolution:
A. Right-of-Way Permit Fee = (per Chapter 151)
B. Plan Review Fee = $300.00
C. Occupancy Permit Fee:
∙ $200.00 for linear utility installations within the right-of-way of a length of 1,500 feet or less.
∙ $0.15 per lineal foot for linear utility installations within the right-of-way of a length greater than 1,500 feet.
∙ The occupancy permit fees for linear underground installations that occupy a width greater than 2 feet and vault/manhole structures greater than 6 feet in width shall be prorated by the public works director, based on the width dimensions and the said fee for a 2-foot occupation width.
5. Small Wireless Facility Permit Fees: The Federal Communications Commission (FCC) issued a Declaratory Ruling and Third Report and Order dated September 18, 2018 which clarified the scope and meaning of the Communications Act Sections 253 and 332(c)(7). This document established the compensation to states and cities for permitting a Small Wireless Facility (SWF) to be installed within the said jurisdiction's rights-of-way or property. The total amount of fees for processing or issuing a single permit, including any fees charged by third parties, shall be as the following:
A. $500 for a single up-front application that incudes up to five SWFs.
B. $50 for each SWF beyond five in a single application.
6. Permit Fee Adjustments: The total amount of fees shall be adjusted every five years to reflect any increases or decreases in the consumer price index, and as dictated by Federal requirements as stipulated in the Communications Act Sections 253 and 332(c)(7).
7. The city reserves the right to adjust the schedule of permit fees by resolution at any time based on the management expenses expended by the city and the value of the property occupied by the Companies.
(Ord. 1984 - Nov. 19 Supp.)
The Utility Permits issued under this chapter shall be issued by the public works director for a maximum term of five years, with automatic renewal after the five-year term unless the city issues a notice of revocation per section 122.18 of this chapter.
(Ord. 1984 - Nov. 19 Supp.)
If, during the term of any permit, the public works director determines that the permit should be revoked due to the Company's failure to comply with the requirements stated in this chapter including, but not limited to, a failure to comply with the city on previous projects, failure to timely pay the required fees, or if continued use of the equipment would be a risk to public health, safety and welfare, the public works director shall provide a 90-day notice of intent to revoke such permit.
1. Upon the effective date of revocation as provided in the public works director's notice, the Company shall be required to cease its use and occupancy of the right-of-way and to remove or relocate its equipment within the following 120 days.
(Ord. 1984 - Nov. 19 Supp.)
This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law. Following City Council approval, this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of publication. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
(Ord. 1970 - May 19 Supp.)
(Ch. 122 - Ord. 1855 – Jul. 15 Supp.)