§ 117.123 FACILITIES IN THE ROW; MAXIMUM HEIGHT; OTHER REQUIREMENTS.
   (A)   Aesthetic plan. Unless otherwise determined by town staff, in an attempt to blend into the built environment, all small wireless facilities, new or modified utility poles, wireless support structures for the colocation of small wireless facilities, and associated equipment shall be similar in size, mass, and color to similar existing facilities and equipment in the immediate area subject to following requirements:
      (1)   Colocation is required, when possible. Should the wireless provider not be able to colocate, the wireless provider shall provide justification in the application.
      (2)   When unable to match the design and color of existing utility poles/PSSs in the immediate area, small wireless facilities and/or new PSSs shall be designed using stealth or camouflaging techniques, to make the installation as minimally intrusive as possible, including, without limitation, stealth poles that are black or Collierville Green in color, powder-coated, and that do not exceed 18 inches in diameter. The town reserves the right to require a streetlight on the PSS. New wooden PSS's shall be strictly prohibited.
      (3)   When an applicant seeks to deploy a small wireless facility and associated equipment within a residential neighborhood, the applicant must deploy the facility in the ROW within 25 feet of the property boundaries separating residential lots larger than 0.75 acres and within 15 feet of the property boundaries separating residential lots if lots are 0.75 acres or smaller.
      (4)   New small wireless facilities, antennas, and associated equipment shall be consistent in size, mass, and color to similar facilities and equipment in the immediate area of the proposed facilities and equipment, minimizing the physical and visual impact to the community.
   (B)   Compliance with underground facilities. Subject to waivers as determined by the town, an applicant must comply with existing requirements to place all electric, cable, and communications facilities underground in a designated area of a ROW, as determined by the town's zoning and subdivision regulations.
   (C)   Replacing an existing town-owned PSS. Town-owned PSS may be replaced for the collocation of small wireless facilities. When replacing a PSS, any replacement PSS must reasonably conform to the design aesthetics of the PSS being replaced, and must continue to be capable of performing the same function in a comparable manner as it performed prior to replacement.
      (1)   When replacing a town-owned PSS, the replacement PSS becomes the property of the town, in accordance with state legislation.
      (2)   The town reserves the right to require a streetlight on the new PSS.
   (D)   Maximum height for PSS. A new PSS installed, or an existing PSS replaced in the ROW shall not exceed the greater of:
      (1)   Ten feet in height above the tallest existing PSS in place as of the effective date of this part that is located within 500 feet of the new PSS in the ROW and, in residential neighborhoods, the tallest existing PSS that is located within 500 feet of the new PSS and is also located within the same residential neighborhood as the new PSS in the ROW;
      (2)   Fifty feet (50') above ground level; or
      (3)   For a PSS installed in a residential neighborhood, 40 feet above ground level.
   (E)   Maximum height for small wireless facilities. Small wireless facilities shall not extend:
      (1)   More than ten feet above an existing PSS in place as of the effective date of this subchapter; or
      (2)   On a new PSS, ten feet above the height permitted for a new PSS under this subchapter.
   (F)   Existing infrastructure. If the facility is to be on existing infrastructure, the following shall apply:
      (1)   Applicant must provide a site plan indicating the location of any infrastructure upon which such small cell is proposed. The site plan shall indicate the location of all proposed accessory structures/facilities necessary for the support of the small cell. The site plan shall show all existing infrastructure (i.e., curb/gutter, sidewalk, underground utilities, roadways) in the immediate vicinity.
      (2)   Applicant must provide structural analysis from a licensed professional engineer indicating that existing infrastructure is adequate to support the proposed small cell with appropriate safety factors. If the existing infrastructure is inadequate, the applicant shall replace the existing infrastructure with infrastructure that is adequate to support the small cell. The town has review/approval authority of replacement infrastructure.
      (3)   If the existing infrastructure is a mast arm signalized intersection, all components of the small cell are to be Collierville Green in color, unless otherwise approved by the town.
      (4)   In the event it is necessary for fiber optics and/or electrical power to be installed with the proposed small cell, and the applicant chooses to install those utilities by directional boring construction techniques, applicant is responsible for providing proof that the directional boring activities shall not adversely affect existing storm drain and/or sanitary sewer connections. "Proof entails providing pre and post video evidence of all storm drain and/or sewer service connections within the limits of the boring activities.
      (5)   The applicant is responsible for maintaining all small cell and accessory infrastructure in perpetuity. This includes any landscaping materials that may be required by the town.
   (G)   Applicant-installed infrastructure. If the proposed location is on applicant-installed infrastructure, the following shall apply:
      (1)   Any new infrastructure to be installed with small cell must be Collierville Green or black in color and must be break-away as per AASHTO (Green Book) guidelines.
      (2)   All items in § 117.123(F) shall apply here also.
   (H)   New small wireless facilities, antennas, and associated equipment. New small wireless facilities, antennas, and associated equipment shall be similar in size, mass, and color to similar facilities and equipment in the immediate area of the proposed facilities and equipment, minimizing the physical and visual impact to the community, including, but not limited to:
      (1)   Any associated equipment such as an electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, or a vertical cable run for the connection of power and other services that is required for a Small Wireless Facility shall be mounted at least eight feet above grade on the pole and located in a shelter or case that does not extend more than 12 inches past the edge of the pole it is mounted on. In the case of co-location, the mounts shall be on the same side of the pole. Town staff has the discretion for authorizing ground-mounted equipment when unique or exceptional circumstances exist to protect the character of the surrounding area.
   (I)   Construction in the ROW. All construction, installation, maintenance, and operation of wireless facilities in the ROW by any wireless provider shall conform to the requirements of the following publications, as from time to time amended: the rules of the Tennessee Department of Transportation Right-of-Way Division, the National Electrical Code, and the National Electrical Safety Code, as might apply.
   (J)   Design Review Commission or Historic District Commission approval. Unless otherwise provided for in this subchapter, the Town Design Review Commission or Historic District Commission approval, as applicable, shall be required for:
      (1)   Any wireless provider that seeks to construct or modify a PSS or wireless facility that is determined to not comply with the height, diameter, design, color standards, and expectations set forth in subsections (A) through (I) above.
      (2)   New PSSs shall not be permitted to be installed in the ROW in areas where there are no existing utility poles, streetlight poles, or PSS's within 1,000 feet at the time of application without prior approval by the Town Design Review Commission, or Historic District Commission, as applicable.
(Ord. 2018-03, passed 10-28-19)