(A) Minimum requirements. The placement of antennas or towers on city-owned property, including power and/or light poles, must comply with the following requirements.
(1) The antennas or tower will not interfere with the purpose for which the city-owned property is intended.
(2) The antennas or tower will have no adverse impact on surrounding private property.
(3) The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. Fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the city and other appropriate factors.
(4) The applicant will submit a letter of credit, performance bond, or other security acceptable to the city to cover the costs of antenna or tower’s removal.
(5) The antennas or tower will not interfere with other users who have a higher priority as outlined above.
(6) Upon reasonable notice, the antennas or tower may be required to be removed at the antenna owner’s expense.
(7) The applicant must reimburse the city for any costs which the city incurs because of the presence of the applicant’s antennas or tower.
(8) The applicant must obtain all necessary land use approvals.
(9) The applicant will cooperate with the city’s objective to promote co-locations and thus limit the number of separate antenna sites requested unless co-location is demonstrated to be infeasible or otherwise not in the best interest of the city. The number of separate antennas in small cell networks need not be limited so long as the small cell network meets the concentration standards provided in § 156.583(B)(5) of this chapter.
(B) Special requirements. The use of certain city-owned property, such as water tower sites and parks, for antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of antennas or towers on these special city-owned sites will be allowed only when the following additional requirements are met.
(1) Water tower or reservoir sites. The city’s water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the city’s water supply is of prime importance to the city. As access to the city’s water storage systems increase so too the potential for contamination of the public water supply is increased. For these reasons, the placement of antennas or towers on water tower or reservoir sites will be allowed only when the city is fully satisfied that the following requirements are met.
(a) The applicant’s access to the facility will not increase the risks of contamination to the city’s water supply.
(b) There is sufficient room on the structure and/or on the grounds to accommodate the applicant’s facility.
(c) The presence of the facility will not increase the water tower or reservoir maintenance cost to the city.
(d) The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir.
(2) Parks. The presence of certain antennas or towers represent a potential conflict with the purpose of some city-owned parks. In no case shall towers be allowed in designated conservation areas unless they are to be installed in areas which currently contain tower facilities. Antennas or towers will be considered only in the following parks after the recommendation of the Planning Commission and approval of the City Council:
(a) Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use;
(b) Commercial recreation areas and major play field; and
(c) Park maintenance facilities.
(3) Power poles and/or light poles. The city owns and operates an electrical utility. As a public power provider, the city necessarily owns and manages a substantial number of poles. This inventory of poles represents a significant investment on the part of the city for the purpose of deploying a system that delivers an essential electrical service to its resident’s and customer’s primary considerations in the use of these poles includes safety and security of city personnel, efficient and effective operation of the city’s electrical utility, and the provision of electrical service to the city’s residents and customers. city-owned power and/or light poles also provide access for telephone services, telecommunications services and cable television services. Attachment of antennas to city-owned power and/or light poles will be allowed only when the city is fully satisfied that the following requirements are met.
(a) The attached antenna is a small cell facility.
(b) The applicant’s attachment of an antenna to the pole will not increase the risk of harm or injury to city staff or personnel of other users of the pole.
(c) The applicant’s attachment of an antenna to the pole will not harm the city’s ability to provide electrical service to its residents and customers.
(d) There is sufficient room on the pole to accommodate the applicant’s facility.
(e) The presence of the facility will not increase the electrical utility’s maintenance cost to the city.
(f) The presence of the facility will not interfere with other valid, existing pole attachments.
(g) The applicant has entered into a pole attachment agreement with the city.
(h) The applicant has obtained a franchise agreement with the city, if applicable.
(C) Application process. All applicants who wish to locate an antenna or tower on city-owned property must submit to the Community Development Department a complete application and detailed plan that complies with the submittal requirements of this subchapter, this chapter, Chapter 155 of this code of ordinances, General Plan and other regulations and ordinances of the city along with other pertinent information requested by the city. Small cell facilities may be considered for attachment on city-owned power and/or light poles subject to execution of an appropriate pole attachment agreement.
(D) Termination.
(1) The City Council may terminate any lease if it determines that any one of the following conditions exist:
(a) A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use;
(b) A user’s frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or
(c) A user violates any of the standards in this subchapter or the conditions attached to the city’s lease, pole attachment or other authorization.
(2) Before taking action, the city will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. This procedure need not be followed in emergency situations.
(E) Reservation of right. Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all city-owned property, including power and/or light poles, by anyone or all applicants.
(Prior Code, § 29.32.065) (Ord. 14-14, passed 11-6-2014; Ord. 16-01, passed 1-21-2016)