(A) The purpose of these Design Guidelines is to:
(1) Protect the health, safety, and welfare of the citizens of the city;
(2) Preserve the character of the city’s neighborhoods, office, and shopping districts;
(3) Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient safe, and aesthetically pleasing installation of facilities; and
(4) Comply with, and not conflict with or preempt all applicable state and federal laws.
(B) For the purpose of this chapter, and the interpretation and enforcement hereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
“ACCESSORY EQUIPMENT.” Equipment used in conjunction with a small cell facility and generally at the same location as. Or in proximity to. The small cell facility including, but not limited to, electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs.
“APPLICANT.” Any person or entity who submits an application pursuant to this chapter.
“APPLICATION.” The form issued by the City Public Works Department to be submitted by an applicant to the City Public Works Director to obtain a small cell use permit from the city to collocate a small cell facility and/or to construct, maintain, modify, operate, or replace a wireless support structure.
“CITY.” City of Crestview Hills, Kentucky.
“COLLOCATION” or “COLLOCATE.” To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
“DESIGN GUIDELINES.” The standards established in this Chapter 53
of the Crestview Hills Codified Ordinances.
“DIRECTOR.” The city’s Director of Public Works, or his or her designee, unless otherwise specified.
“FACILITIES.” Small cell facilities, accessory equipment, and wireless support structures.
“FACILITIES OPERATOR.” The person or entity responsible for the installation, operation, maintenance, replacement, and modification of facilities. “FACILITIES OPERATOR” includes:
(a) Operators:
(b) Applicants who applied for consent to collocate a small cell facility or to construct, maintain, modify, operate, or replace a new wireless support structure and who have obtained a small cell use permit: and
(c) Applicants who applied for consent to collocate a small cell facility or to construct, maintain, modify, operate, or replace a new wireless support structure and who have obtained a small cell use permit.
“FCC.” The Federal Communication Commission.
“OPERATOR.” A wireless service provider, cable operator, or video service provider that operates a small cell facility and provides wireless service, including a wireless service provider, cable operator, or a video service provider that provides information services as defined in the “Telecommunications Act of 1996,” 110 Stat. 59. 47 U.S.C. 153(201. and services that are fixed in nature or use unlicensed spectrum.
“PUBLIC WAY” or “RIGHT-OF-WAY.” The surface of, and the space within, through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the city or other public entity or political subdivision.
“SMALL CELL EQUIPMENT.” A small cell facility and all accessory equipment.
“SMALL CELL FACILITY.” A wireless facility that meets both of the following requirements:
(a) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than six cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services. “SMALL CELL EQUIPMENT” means a small cell facility and all accessory equipment.
“SMALL CELL USE PERMIT.” The permit granted by the city authorizing an applicant to collocate a small cell facility or to construct, maintain, modify, operate, or replace a wireless support structure in the right-of- way.
“UNDERGROUND AREA.” An area in the right-of-way where existing electric utilities, cable facilities, telecommunications facilities and other facilities, other than structures and facilities owned by the city or a transit authority, are located underground.
“WIRELESS SUPPORT STRUCTURE.” A pole, such as a self-supporting monopole, street light pole, traffic signal pole, a 15-foot or taller sign pole, or utility pole capable of supporting small cell facilities.
(Ord. 2019-02-01, passed 3-14-19)