(A) Facilities shall not be installed unless the facilities are compliant with these Design Guidelines, Chapter 53 of the Codified Ordinances and any application requirements, and all applicable local, state, and federal laws.
(B) A facilities operator shall not construct, maintain, modify, operate, or replace any facilities not clearly depicted in the Planning & Development Services (PDS) small cell application standards or the city’s application for a small cell use permit.
(C) No work shall be performed in the city right-of-way without obtaining an encroachment permit form the city.
(D) All work shall be performed in a professional manner consistent with the highest standards of workmanship.
(E) Facilities shall be maintained in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(F) Facilities shall not be installed in any location that causes any interference with the city’s public safety radio system, traffic and emergency signal light system, or other city or Kenton County safety communications systems or system components.
(G) The city may propose an alternative location for proposed facilities up to 100 feet from the proposed location or within a distance that is equivalent to the width of the public way, whichever is greater. The facilities operator shall utilize the alternative location unless the facilities operator shows that the alternative location is not technically feasible.
(H) Facilities shall not interfere with existing or planned street trees.
(I) Signage shall be mounted on all new facilities providing the facilities operator’s name, an emergency contact phone number, an informational contact number. and all other information required by law. Unless otherwise prohibited by law, signage shall be discreet in color and shall match the facilities and surrounding area and font size used on the sign shall be no smaller than 12-point font and no larger than 18-point font.
(J) Unless otherwise required by law, all manufacturer stickers and decals shall be removed from facilities.
(K) Facilities shall be camouflaged using existing land forms, vegetation, and structures to screen the facilities from view and to blend in with the surrounding built and natural environment.
(L) The city may require the facilities operator to incorporate additional concealment elements before approving an application. Concealment elements may include, but shall not be limited to, fencing, strategic placement, and placement within existing or replacement street furniture.
(M) Facilities shall not have any flashing lights, sirens or regular noise other than a cooling fan that may run intermittently.
(N) All hardware, including antenna mounting brackets and hardware, antenna mounting posts, cables, shrouds and other equipment mounted shall be painted in a matt-black color, and the color shall match on all installed facilities. The city may require the facilities operator use a different, non-matching color on a case- by-case basis when the city determines a non-matching color would better fulfil the purposes of these Design Guidelines.
(O) A facilities operator shall remove or paint over any graffiti on the facilities at facility operator’s sole expense as soon as practicable, but no later than ten days from the date the facilities operator receives notice of the graffiti. Permittee shall keep the wireless support structure and related appurtenances in good and neat order at ail times.
(P) Facility operator must remove an existing wireless support structure within 60 days after a new wireless support structure is installed and activated.
(Ord. 2019-02-01, passed 3-14-19) Penalty, see § 53.99