Sections:
16.55.010 Purpose
16.55.015 Definitions
16.55.020 Applicability
16.55.025 Administration
16.55.030 Permit Requirements
16.55.035 Micro Telecommunications Permit Requirements
16.55.040 Macro Telecommunications Permit Requirements
16.55.045 Micro Telecommunications Facility Siting and Design Standards
16.55.050 Macro Telecommunications Facility Siting and Design Standards
16.55.055 Exemptions
16.55.060 Severability
A. The purpose of this chapter is to:
1. Manage the deployment of wireless telecommunications facilities and ancillary equipment consistent with Federal law and regulations.
2. Place reasonable and appropriate time, place, and manner restrictions on telecommunications deployment consistent with Federal law and regulations.
3. Encourage the placement of telecommunications facilities in appropriate locations for both the provider and the City.
4. Provide City of Canby residents and businesses with a wide range of telecommunications and wireless options.
5. Provide for the safe construction, location, erection and maintenance of telecommunications equipment.
6. Encourage collocation of telecommunications equipment wherever possible.
7. Establish a simple and efficient regulatory process.
8. Develop a consistent and well-understood application process for telecommunications providers and for City staff.
9. Reduce the visual impact of certain wireless telecommunications systems facilities by encouraging collocation.
10. Implement the applicable provisions of the Federal Telecommunications Act of 1996.
11. Implement Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), commonly referred to as the Spectrum Act.
12. Implement FCC Order 18-133, effective August 15, 2019. (Ord. 1539, 12-2-2020)
A. Abandoned Telecommunications Equipment. Defined as a facility and/or equipment that has been in disuse continuously for 365 days and no longer has a known owner or FCC licensee.
B. Antenna. Defined in 47 C.F.R. § 1.6002(b). Defined as an apparatus designed for the purpose of emitting radio frequencies (RF) to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15
C. Antenna (Ancillary) Equipment. Defined in 47 Code of Federal Regulations (C.F.R) § 1.6002(c). This term includes equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
D. Applicant. Defined as any person who represents and submits an application on behalf of a wireless provider.
E. Application - Telecommunications. A written request submitted by an applicant (1) for permission to collocate wireless facilities; or (2) to approve the installation, modification or replacement of a structure on which to install a wireless facility in the rights-of-way or on private property where required. (3) The application consists of a form provided by the City with accompanying materials provided by the applicant.
F. City. Defined as the City of Canby, Oregon. (Ord. 740 section 10.1.20(B)[part], 1984)
G. City Engineer. The Oregon-registered Professional Engineer designated to review development within the City.
H. City-Owned Infrastructure. Means infrastructure within the City limits and Urban Growth Boundary. Specifically, real property and public rights-of-way or public easements, including but not limited to street lights, traffic devices and signals, towers, structures, buildings, and utilities that are owned, operated and/or maintained by the City.
I. Collocation. Defined in 47 C.F.R. § 1.6002(g). Term describes: (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. "Collocate" has a corresponding meaning.
J. Day. A calendar day. For purposes of land use application timelines determined by ORS 227.178(1) and FCC "shot clock" regulations for decisions related to telecommunications, a terminal day that falls on a holiday or weekend shall be deemed to be the next immediate business day.
K. Designee. A City staff person authorized by the City Engineer or Planning Director to process telecommunications facility permits.
L. Licensee. A telecommunication utility registered with the City pursuant to the Telecommunications Section of the Development Code 16.55.
M. Macro Cell Wireless Facility. A telecommunications facility that meets any of 1 through 3 below. All macro cell facilities must meet item 4 below.
1. Facilities mounted on structures greater than 50 feet including the antennas.
2. Facilities mounted on structures that are more than 10 percent taller than any other adjacent structures.
3. Facilities that extend the height of existing structure(s) on which the antennas are located by more than 50 feet or more than 10 percent, whichever is greater.
4. The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47g Code of Federal Regulations (CFR) § 1.1307(b).
N. Micro Cell Wireless Facility. A facility that meets each of the following conditions per 47 C.F.R § 1.6002(l), which may be amended or superseded:
1. Facilities mounted on structures 50 feet or less in height including the antennas.
2. Facilities mounted on structures no more than 10 percent taller than other adjacent structures.
3. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
4. All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
5. The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
O. NESC. The current up to date version of the National Electric Safety Code (NESC) as approved by the Institute of Electric and Electronics Engineers (IEEE).
P. Planning Director. The City staff person who oversees the Planning Department and reviews or appoints staff to review land use applications for telecommunications facilities.
Q. Public Rights-of-Way. Defined as the space in, upon, above, along, across, over or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes, public utility easements, and all other public ways or areas, including the subsurface under and air space over these areas, excluding parks, parklands and other City property that is not generally open to the public for the purposes of travel. This definition only applies to the extent of the City's right, title and interest to grant a license to occupy and use such areas for utility facilities.
R. Strand Mounted Equipment. Defined as telecommunications antennas that are mounted on cable, conduit, wire or other similar materials strung between two or more poles or structures. (Ord. 1539, 12-2-2020)
A. The Telecommunications Facilities Chapter applies to the following:
1. Proposed new telecommunications facilities, collocations, antennas, equipment, poles, towers, and ancillary facilities typically associated with telecommunications equipment.
2. Replacement poles, towers, collocations and antennas and equipment.
3. Modifications to existing or proposed telecommunications facilities, collocations, antennas, equipment, poles and ancillary facilities typically associated with telecommunications equipment. (Ord. 1539, 12-2-2020)
Loading...