(A) Conflicting provisions. This subchapter supplements the generally applicable right-of-way permitting provisions in §§ 151.405 through 151.411 with specific provisions for the placement, permitting and use of small wireless facilities in the city’s right-of-way. In the event of a conflict between §§ 151.405 through 151.411 and this subchapter, this subchapter shall control. This subchapter is intended to comply with the Small Wireless Facilities Deployment Act as adopted by the 106th State Legislature First Session, referred to in this subchapter as “the Act.” Nothing in this chapter shall restrict any authority of the city as provided in the Act.
(B) Applicability of this subchapter. No person shall site, place, construct, operate, maintain, repair, remove, modify or prepare any small wireless facility, any wireless support structure, any utility pole built or modified solely to accommodate a small wireless facility, or any other structure built solely to support a wireless facility, in the city’s right-of-way, without first having received a permit from the city to occupy right-of-way pursuant to §§ 151.405 through 151.411. Any small wireless facility, wireless support structure or any utility pole or other structure built or modified solely to support a wireless facility, which is located outside the city’s right-of-way, is not subject to this subchapter; however, such facilities and structures are subject to the city’s Zoning Ordinance.
(C) Exceptions and limitations.
(1) Notwithstanding division (B) above, the city shall not require an application, permit or other approval or charge fees or rates for:
(a) Routine maintenance of small wireless facilities;
(b) Replacement of small wireless facilities with small wireless facilities that are substantially similar in weight or windage or the same size or smaller; or
(c) The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles in compliance with the National Electrical Safety Code; provided, in all such cases, the city may require a permit to occupy the right-of-way for work that exceeds the original weight or windage or that requires excavation or closing of sidewalks or vehicular lanes within the right-of-way for such activities.
(2) Nothing in this subchapter shall be construed to:
(a) Allow any entity to provide communications services without complying with all laws applicable to such providers; or
(b) Authorize collocation, installation, placement, maintenance or operation of any communications facility, including a wireline backhaul facility, other than a small wireless facility or a utility pole, in a right-of-way.
(3) Except as provided in this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate small wireless facilities and install, maintain, modify, operate and replace utility poles along, across, upon and under the right-of-way so long as such facilities and poles do not obstruct or hinder the usual travel or public safety on such right-of-way or obstruct the legal use of such right-of-way by utilities or the safe operation of their systems or provision of service.
(4) Sections 151.368 through 151.372 shall not apply to public power suppliers or to the collocation of small wireless facilities on utility poles owned, operated or managed by a public power supplier.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999