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(A) The municipality shall allow the collocation of small wireless facilities on Municipal poles using the processes in the Act.
(B) The rates provided in the Act to collocate on municipal poles shall be nondiscriminatory regardless of the services provided by the collocating person.
(C) The rates, fees, terms, and conditions for make-ready work to collocate on a municipal pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall reimburse all reasonable costs incurred by the municipality in compliance with the Act.
(D) The municipality shall provide a good faith estimate for any make-ready work necessary to enable the municipal pole to support the requested collocation by an applicant, including pole replacement if necessary, within one hundred twenty days after receipt of a completed application. Make-ready work, including any pole replacement shall be completed within 90 days after written acceptance of the good faith estimate by the applicant. The municipality may require replacement of the municipal pole only if it determines and provides details indicating that the collocation would make the municipal pole structurally unsound.
(E) The person owning, managing, or controlling the municipal pole shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to known preexisting or prior damage or noncompliance. Fees for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other communications service providers for reasonably similar work and may include reasonable consultant fees or expenses.
(F) Make-ready work generally refers to the modification of utility poles or lines or the installation of guys and anchors to accommodate additional facilities.
(Ord. 1096, passed 8-27-2019)
(A) The municipality shall not require a wireless provider to pay any rate, fee, or compensation to the municipality or other person other than what is expressly authorized by Neb. RS 86-704, or, where applicable, Neb. RS 14-109, 15-203, 16-205, or 17-525, or the Act for the right to use or occupy a right-of-way for the collocation of small wireless facilities on wireless support structures or utility poles in the right-of-way or for the installation, maintenance, modification, operation, and replacement of utility poles in the right-of-way.
(B) If the municipality charges occupation taxes under Neb. RS 86-704, it shall not charge a wireless services provider any additional amount for the use of a right-of-way. The municipality may charge a wireless provider that does not pay the municipality's occupation tax under Neb. RS 86-704 either a rate of $250 for each small wireless facility each year, or a fee equal to the occupation tax charged by the municipality under Neb. RS 14-109, 15-203, 16-205, or 17-525.
(Ord. 1096, passed 8-27-2019)
(A) Approval process. Small wireless facilities in the right-of-way may be approved through administrative review if the following requirements are met:
(1) A complete application is submitted, all fees are paid and a permit is obtained by the applicant or provider; and
(2) Each new, modified or replacement pole, tower or structure installed in the right- of-way shall not exceed the height limits of the respective zoning district. If a height limit is exceeded, then either a conditional use permit or special use permit is required; and
(3) The applicant complies with all of the other requirements of this chapter.
(B) Design standards.
(1) Subject to division (A)(2) above, all poles and small wireless facilities may be approved through administrative review if the following design standards and recommended design guidelines (if adopted) are met by the applicant:
(a) Height, shape, design and color for poles and related equipment;
(b) Number, location and styles of poles that may be installed or used;
(c) Aesthetic approach for different types of poles and related equipment;
(d) Construction approach per wireless communication facility, including powering and metering;
(e) Structural integrity;
(f) Set-backs for poles and ground-mounted equipment;
(g) Ground-mounted equipment for small wireless facilities may be used only to house equipment in support of the operation of the facilities;
(h) Lighting, marking and noise requirements;
(i) Fencing/landscaping/screening/signage requirements;
(j) Collocation analysis;
(k) Use of decorative poles, where necessary;
(l) A written report will be prepared, signed and sealed by a Nebraska licensed professional engineer or a qualified employee of the applicant, which assesses whether the proposed small wireless facility demonstrates compliance with the radio frequency ("RF") emissions limits established by the FCC. The qualified employee of the applicant shall submit his or her qualifications with the report.
(2) The governing body may approve by resolution additional recommended design guidelines. Further changes to those recommended design guidelines are subject to the discretion of the municipality.
(Ord. 1096, passed 8-27-2019)
(A) Lighting. Towers may not be artificially lighted, unless required by public safety, the FAA or applicable municipal regulation.
(B) State or federal requirements. All towers and antennas must meet current standards and regulations of the FAA, FCC and any other agency of the local, state or federal government with authority to regulate towers and antennas.
(C) Building codes. To ensure the structural integrity of poles and towers, the owner of a pole or tower shall ensure that the pole or tower is maintained in compliance with industry standards and applicable state and local building code standards.
(D) Public notice. For purposes of this chapter, any application for a wireless communication facility, including small wireless facilities and poles, variance, exception or appeal of a request for a permit requires public notice to all adjoining property owners and all owners of surrounding properties as may be required by the Municipal Code.
(E) Equipment cabinets. The equipment cabinets shall comply with all applicable building codes and zoning requirements.
(F) Site plan. A site plan is required. A scaled site plan shall clearly indicate the location, type, height and width of the proposed pole, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, photo simulations, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed pole and any other structures, topography, utility runs and other information deemed necessary to assess compliance with this chapter.
(G) Inventory of existing sites. Not more than one time per year, each applicant owning a macro cell tower shall provide to the municipality an inventory of the wireless provider's existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the municipality or within one mile of the border thereof, including specific information about the location and tower height. The municipality may share such information with other applicants applying for administrative review or other permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(H) Color. To the extent feasible, the antennas shall be placed and colored to blend into the architectural detail and coloring of the host structure. Towers and antennas shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues, greens, dark bronze, browns or other site-specific colors may be appropriate; however, each case shall be evaluated individually.
(I) Signs. No facilities may bear any signage other than that required by law or expressly permitted or required by the municipality.
(J) Visual impact. All small wireless facilities in residential districts, historic and downtown districts shall be sited and designed with stealth features to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the wireless communication facilities. Such wireless communication facilities and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Such wireless communication facilities shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings or be compatible with the built environment or be consistent with other uses and improvements permitted in the relevant zone.
(K) Obstruction. Any new pole or support structure or equipment associated with small wireless facilities shall not obstruct access to:
(1) Any existing above-ground or underground right-of-way user facilities or public facilities;
(2) Any public infrastructure for traffic control, street light or public transportation purposes including, without limitation, any vehicular traffic sign or signal or pedestrian traffic sign or signal;
(3) Any public transportation street furniture or other improvements at any public transportation stop;
(4) Fire hydrants; or
(5) Any doors, gates or other ingress and egress points to any building appurtenant to the right-of-way.
(L) Placement and notice.
(1) All pole-mounted transmission equipment shall be mounted as close as technically possible to the pole so as to reduce the overall visual profile to the extent feasible subject to applicable safety codes.
(2) Prior to the installation or construction of a small wireless facility within the right-of-way or utility easement, the wireless provider must notify all utilities located within such right-of-way or utility easement regarding its proposed use of the right-of-way or utility easement.
(M) Accessory equipment. All accessory equipment located at the base of a pole or tower shall be placed (at the provider's choice) underground or in an equipment cabinet that is:
(1) Designed to blend in with existing surroundings, using architecturally compatible construction and colors; and
(2) Be located so as to be unobtrusive as possible consistent with the proper functioning of the wireless communication facilities.
(N) Site design flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the wireless communication facilities and supporting equipment may be installed so as to best camouflage, disguise or conceal them, to make the wireless communication facilities more closely compatible with and blend into the setting or host structure, upon approval by the municipality.
(O) Inclusion of base equipment. Where technically feasible, the applicant may incorporate the cabinet and other equipment into the base of a new pole (for example, for a small wireless facility) provided there is adequate space in the right-of-way and that Americans with Disabilities Act sidewalk accessibility requirements can be met. All provisions of the Americans with Disabilities Act (including, but not limited to, clear space requirements) shall be met by the provider.
(P) New poles. To the extent technically feasible, new poles must be designed to match the existing light fixtures and other poles, and they shall serve a dual purpose (for example, a new light fixture, flag pole or banner clips).
(Q) Maps and as-builts. The wireless provider shall furnish to the municipality paper and electronic maps showing the location of its equipment in the right-of-way and as-builts after construction is completed.
(Ord. 1096, passed 8-27-2019)
(A) Notwithstanding anything to the contrary in this chapter, an applicant may not install a small wireless facility on a decorative pole, or replace a decorative pole with a new decorative pole unless the municipality has determined, in its sole discretion, that each of the following conditions has been met:
(1) The application qualifies for issuance of a permit; and
(2) The attachments and replacement pole are in keeping with the aesthetics of the decorative pole.
(B) An applicant may not install a small wireless facility on a decorative pole, replace a decorative pole with a new decorative pole, or install new above-ground facilities in the Historic District unless the municipality has determined, in its sole discretion, that each of the following conditions has also been met:
(1) The application qualifies for issuance of a permit; and
(2) The attachment and replacement pole are in keeping with the aesthetics and character of the decorative pole and Historic District.
(Ord. 1096, passed 8-27-2019)
(A) General safety and compliance with laws. The permittee shall employ due care during the installation, maintenance or any other work in the right-of-way, and shall comply with all safety and construction requirements of applicable laws, municipal guidelines, standards and practices and any additional commonly accepted safety standards.
(B) Traffic control. Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be as described within a traffic control plan. The permittee shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the municipality.
(C) Non-interference. The permittee shall not interfere with any existing facilities or structures in the right-of-way and shall locate its lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abut any right-of-way.
(D) Utility locates. Before beginning any excavation in the right-of-way, the permittee shall comply with the Nebraska One Call Notification Act.
(E) Compliance with permit.
(1) All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The municipality and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. All work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the permittee. The municipality may stop work in order to assure compliance with the provisions of this chapter.
(2) In addition to obtaining a permit for installation of a small wireless facility, an applicant must obtain all other required approvals from the municipality.
(Ord. 1096, passed 8-27-2019)
(A) The wireless provider shall not locate or maintain its wireless communication facilities so as to interfere with the use of the right-of-way by the municipality, by the general public or by other persons authorized to use or be present in or upon the right-of-way.
(B) Whenever any existing electric utilities, natural gas, water or sewer lines (or other public improvements) and communications facilities are located underground within a right-of-way, the wireless provider with permission to occupy the same portion of the right-of-way shall locate its wireless communication facilities underground at its own expense where technically feasible. The municipality may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as small wireless facilities that cannot, by their nature, operate unless located above-ground, the wireless provider and municipality shall work to find a suitable location for such facilities or equipment.
(C) In performing any work in or affecting the right-of-way, the wireless provider, and any agent or contractor of the provider, shall comply with the provisions of this chapter and all other applicable laws.
(D) A wireless provider shall repair all damage to a right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to equal or better condition to that before the damage occurred pursuant to the competitively neutral and reasonable requirements and specifications of the municipality. If the applicant fails to make the repairs that are reasonably required by the municipality within 14 days after written notice, the municipality may undertake such repairs and charge the wireless provider the reasonable, documented costs of such repairs. The municipality shall grant an extension of up to ten days to complete such repairs if the wireless provider requests such extension within the original 14-day period. In the event of immediate threat to life, safety, or to prevent serious injury, the municipality may immediately undertake to restore the site and then notify the applicant and charge the applicant for all reasonable restoration costs.
(Ord. 1096, passed 8-27-2019)
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