(A) License Agreement. No person shall install or operate, in whole or in part, DAS/small cell/wireless facilities or DAS/small cell/wireless network facilities in a city public right-of-way or other public place without first applying for and receiving a DAS/small cell/wireless license from the city in a form and subject to such terms and conditions as is acceptable to the city.
(1) Nothing herein shall be interpreted to require the city to issue a license and the city reserves to itself discretion to grant, deny or modify a request for a license as it determines to be in the best interest of the city and its citizens taking into account such proprietary, safety and fiduciary interests as it deems warranted.
(2) It is the policy of the city to encourage the co-location of antennas and similar facilities first, outside of public rights-of-way and, secondarily, within the public rights-of-way on existing poles. The co-location of uses shall be a condition of approval of any license granted for a new supporting structure in the public right-of-way.
(B) Right of Way permit. No person shall install or operate wireless communication facilities, as defined herein, including any part of a DAS/small cell/wireless system constituting wireless communication facilities without first obtaining a right of way permit from the city.
(C) Design parameters. The following minimal design parameters shall apply to DAS/small cell/wireless network facilities in city public rights-of-way:
(1) The required map(s) for proposed DAS/small cell/wireless facilities shall be legible, to scale, labeled with streets, and contain sufficient detail to precisely identify the proposed DAS/small cell/wireless network facilities' locations and surroundings. Where applicable, the required map shall include and identify any requested pole height(s), all attachments and detailed drawings of any attachment.
(2) The maximum height of a pole or other supporting structure installed to accommodate a DAS/small cell/wireless network shall be 42 feet. Equipment on a supporting structure may not exceed an aggregate width of 4 feet (centered on pole) and shall be secured a minimum of 10 feet from the ground surface or 18 feet from the ground where equipment may overhang the back of curb line. Ground level equipment or shelters are not permitted.
(3) Unless otherwise permitted in subsection (C)(6), DAS/small cell/wireless facilities shall be located no closer than 18 inches from an existing sidewalk/face of curb or 18 inches from a proposed future sidewalk/face of curb location.
(4) Unless otherwise permitted in subsection (C)(6), DAS/small cell/wireless facilities shall be located no closer than 10 feet from any driveway.
(5) In residential areas, DAS/small cell/wireless facilities shall be located in line with a side lot line and not in front of a residence.
(6) The licensee shall field-stake all proposed locations for DAS/small cell/wireless facilities which shall be subject to the advance approval of the city and/or the Michigan Department of Transportation as applicable. All approved DAS/small cell/wireless facilities' locations shall be on a per pole/equipment/other basis. Such approvals shall be memorialized by the city and licensee.
(7) Once precise locations have been approved in accordance with subsection (C)(6), the licensee shall provide latitude and longitude coordinates for the DAS/small cell/wireless facilities' locations to the city's engineering department as well as detailed as-built drawings within 90 days of the completion of installation.
(8) The licensee shall be responsible to obtain such other permits and approvals as required by law.
(9) Architectural design:
a. All poles shall be wood unless the city approves or required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or applicable codes, an alternate material such as a galvanized silver, gray or concrete finish or, subject to any applicable standards of the FAA, FCC or such codes, be painted a neutral color so as to reduce visual obtrusiveness.
b. At all pole sites related equipment shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and environment.
c. All poles shall be of monopole design and construction unless the city approves an alternate design. Disguising or stealthing poles is encouraged.
(D) Modification of design parameters. Upon the written request of an applicant for a license, the City Council may modify the design parameters of subsection (C) at its sole discretion following a hearing and based on its review of factors affecting the public health, safety and welfare including, but not limited to, the following: the presence of existing poles or other structures or equipment in the immediate vicinity; the ability to reasonably comply with the design parameters set forth in subsection (C); the visual and aesthetic impact of the proposed pole, antenna or facilities on the adjacent area; the existing and planned character of the adjacent area; public comment; the scale and scope of the poles, antennas or facilities relative to the existing character of the area; whether granting the modification will adversely impact public safety; and the recommendations of city department heads (if any). Following its review, the City Council may grant, deny or grant with conditions a request to modify the design parameters and shall provide its decision and the basis for the same to the applicant in writing. The applicant shall be responsible to pay all costs of the city associated with the request to modify the design parameters.
(E) Compliance with applicable law. The licensee shall be responsible to comply with all applicable legal requirements and to obtain any permits or approvals otherwise required by law relative to the installation or operation of DAS/small cell wireless facilities in the city's public rights-of-way (e.g., electrical permits). The city, in reviewing and authorizing a permit under the act and/or a license referred to in this section, and the licensee, in the establishment and operation of any DAS/small cell/wireless network facilities, shall comply with all applicable federal and state laws.
(F) Fees. Fees for the required permits and license agreement required shall be established, and from time to time be amended by resolution of the Burton City Council.
(Ord. passed 12-18-2017; Ord. 2018-52, passed 2-5-2018)