(A) General requirements of approval. In processing and approving a small wireless facility permit, the Department shall require compliance with:
(1) Generally applicable and reasonable health, safety and welfare regulations consistent with the city’s right-of-way management;
(2) Reasonable accommodations for a decorative utility pole, wireless support structure or sign;
(3) Any reasonable restocking, replacement or relocation requirements when a new utility pole or wireless support structure is placed in the right-of-way;
(4) Construction of the proposed small wireless facility within six months from the date the small wireless facility permit is issued;
(5) Obtaining authorization for the use of the right-of-way for the construction of wireline backhaul facilities or any other wired facilities; and
(6) Compliance with all applicable law.
(B) Examples of generally applicable and reasonable health, safety and welfare regulations. Generally applicable and reasonable health, safety and welfare regulations for purposes of this section include, without limitation, the following:
(1) A structural engineering analysis by a state-registered professional engineer certifying that a utility pole or wireless support structure can reasonably support the proposed small wireless facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice or other conditions that may be reasonably anticipated at the proposed location;
(2) A determination by the Department that, based upon reasonable engineering judgment, a proposed small wireless facility is of excessive size or weight or would otherwise subject a utility pole or wireless support structure to an unacceptable level of stress;
(3) A determination by the Department that, based upon reasonable engineering judgment, a proposed small wireless facility would cause undue harm to the reliability or integrity of the city’s electric infrastructure or would likely violate generally applicable electrical or engineering principles;
(4) A determination by the Department that a proposed small wireless facility presents an unreasonable safety hazard as specifically and reasonably identified by the Department;
(5) A determination by the Department that a proposed small wireless facility impairs the city’s ability to operate or maintain the right-of-way; or
(6) A determination by the Department that a proposed small wireless facility cannot be placed due to insufficient capacity or if such placement is in violation of the National Electric Safety Code or other applicable law, and the city infrastructure cannot be reasonably modified or enlarged at the expense of the applicant.
(C) Authorized use. An approval of a small wireless facility permit under this section authorizes the collocation of a small wireless facility, in a right-of-way or on a wireless support structure in a right-of-way, to provide wireless services, or the installation, modification or replacement of a utility pole associated with a small wireless facility in a right- of-way, and shall not be construed to confer authorization to:
(1) Provide any service other than wireless services;
(2) Construct, install, maintain or operate any small wireless facility or utility pole in a right-of-way other than the approved small wireless facility or utility pole; or
(3) Install, place, maintain or operate a wireline backhaul facility in the right-of way.
(D) Excavation permit required. Any person desiring to perform excavation in a right-of-way within the city for purposes of collocating a small wireless facility or installing, modifying or replacing a utility pole or wireless support structure shall, consistent with §§ 153.045 through 153.061 of this code of ordinances, obtain a permit from the city prior to conducting any excavation activities.
(E) Exclusive arrangements prohibited. The city shall not enter into any form of exclusive arrangement with any person for use of a right-of-way for the collocation of a small wireless facility or the installation, operation, marketing, modification, maintenance or replacement of a utility pole.
(F) Unauthorized use prohibited. No person shall collocate a small wireless facility in the right-of-way or install, modify or replace a utility pole or wireless support structure without first obtaining a small wireless facility permit from the Department.
(1) (a) If an unauthorized small wireless facility is discovered in the right-of-way, the Department shall provide written notice to the owner of the unauthorized small wireless facility within three days of discovery of the unauthorized small wireless facility.
(b) If an owner of an unauthorized small wireless facility cannot be reasonably identified, the Department need not provide any written notice.
(2) If the owner of an unauthorized small wireless facility can be reasonably identified, the Department may remove the unauthorized small wireless facility without incurring liability to the owner of the small wireless facility and at the owner’s sole expense no sooner than three days after providing notice of the Department’s discovery of the unauthorized small wireless facility to the owner.
(3) If the owner of an unauthorized small wireless facility cannot be reasonably identified, the Department may remove the unauthorized small wireless facility without incurring liability to the owner of the small wireless facility and at the owner’s sole expense.
(G) Placement. In approving a small wireless facility permit, the Department shall not require the placement of a small wireless facility on any utility pole or wireless support structure other than the utility pole or wireless support structure proposed in the application and may not require multiple antenna systems on a single utility pole.
(1) The Department shall not limit the placement of small wireless facilities, either by minimum separation distances between small wireless facilities or maximum height limitations; except that, each utility pole installed in the right-of-way shall comply with any height requirements of this subchapter for new or replacement poles in the right-of-way, subject to local zoning regulations, and may be subject to separation requirements in relation to other utility poles or wireless support structures.
(2) Notwithstanding division (G)(1) above, a replacement utility pole that replaces an existing utility pole having a height greater than or equal to 50 feet above ground level may be placed at the height of the existing utility pole, unless the Department agrees to a greater height, subject to local zoning regulations.
(H) Relocation. Notwithstanding any provision of this subchapter or other applicable law to the contrary, the Department may require a permittee to relocate or adjust a small wireless facility in a right-of-way in a timely manner and at the permittee’s cost.
(I) Deposit required. Each permittee shall submit and maintain with the Department a bond, cash deposit or other security acceptable to the Department securing the faithful performance of the obligations of the permittee and its agents under any and all small wireless facility permits issued to the permittee under this subchapter. This deposit shall be in the sum of $10,000 in favor of the “Public Power Department, Brigham City, Utah”. If, in accordance with this subchapter, the Department deducts any amounts from such a deposit, the permittee must restore the full amount of the deposit prior to the Department’s issuance of any subsequent small wireless facility permit. The Department shall return the deposit to the permittee should the permittee cease to operate any small wireless facilities in the right-of-way.
(J) Written notice required. In approving a small wireless facility permit, the Department shall provide written notice to the applicant of its approval and any requirements thereof. A small wireless facility permit shall not be issued prior to the complete payment of all applicable fees.
(K) Notice or assignment required. A permittee upon or within ten calendar days after transfer, assignment, conveyance or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities shall provide written notification to the Department.
(Prior Code, § 33.02.060) (Ord. 19-06, passed 2-15-2019)