(A) Public right-of-way route. Consent granted to a service provider to occupy or use the public right-of-way under § 115.02 shall be limited to a grant to occupy or use the specific public right-of-way and defined portions thereof, including the specific micro wireless facility and location along the public right-of-way, as approved by the city.
(B) Nonexclusive consent to occupy the public right-of-way. No consent granted under § 115.02 shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the city, other than as specifically provided in said consent.
(C) Rights permitted. No consent granted under § 115.02 shall convey any right, title or interest in the public right-of-way, but shall be deemed a consent only to occupy or use the public right-of-way for the limited purposes granted by the consent. Further, no consent shall be construed as any warranty of title.
(D) Height. A micro wireless facility may be attached to a wireless support structure where the increased height would be not more than ten feet or the overall resulting height would be not more than 50 feet.
(E) Maximum size. The micro wireless facility must conform to the size limitations as defined for a SMALL CELL FACILITY in § 115.01.
(F) Color. The micro wireless facilities shall be a color or colors that are consistent with or most blends into the wireless support structure on which they are installed, unless a different color is needed for public safety or service reliability reasons.
(G) Wiring and cabling. Wires and cables connecting the micro wireless facility shall be installed in accordance with the version of the National Electrical Code adopted by the city and in force at the time of installation. In no event shall wiring and cabling serving the micro wireless facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility, telephone utility or other utility.
(H) Guy wires restricted. Guy wires and similar support structures may not be used as part of the installation of any micro wireless facility, unless the micro wireless facility is proposed to be attached to an existing utility pole that incorporated guy wires prior to the date of the request for consent.
(I) Grounding. The micro wireless facility, including any ground-mounted equipment, shall be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the city regarding grounding of wireless facilities.
(J) Signage. Other than warning or notification signs required by federal law, or identification and location markings required by the city, a micro wireless facility shall not have signs installed thereon.
(K) Maintenance of micro wireless facility. Each service provider shall maintain its micro wireless facility in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
(L) Safety procedures. A service provider or other person acting on its behalf shall use suitable barricades, flags, flagpersons, lights, flares and other measures as necessary and in accordance with applicable state and local requirements for the safety of all members of the public, and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such public right-of-way or property.
(M) Interference with the public right-of-ways. No service provider may locate or maintain its micro wireless facility so as to unreasonably interfere with the use of the public right-of-way in the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. All such micro wireless facilities shall be moved by the service provider, temporarily or permanently, as determined by the Building Commissioner when necessary to protect the public, comply with the provisions of this chapter, or otherwise comply with local, state or federal laws. The expense or cost to move said micro wireless facility shall be the responsibility of the service provider.
(N) Damage to public and private property. No service provider nor any person acting on the service provider’s behalf shall take any action or permit any action to be done which may impair or damage any city property, public right-of-way, or other public or private property located in, on or adjacent thereto.
(O) Restoration of public right-of-way, other ways and city property.
(1) When a service provider, or any person acting on its behalf, does any work in or affecting any public right-of-way or city property, it shall, after the work is completed and at its own expense, promptly remove any obstructions therefrom and restore such ways or property, within ten to 30 days, at the Building Commissioner’s discretion, to as good a condition as existed before the work was undertaken, unless otherwise directed by the city.
(2) If weather or other conditions do not permit the complete restoration required by this section, the service provider shall temporarily restore the affected ways or property as directed by the Building Commissioner. Such temporary restoration shall be at the service provider’s sole expense and the service provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(P) Damage to service provider’s micro wireless facility. Unless directly and proximately caused by the willful, intentional or malicious acts of the city, the city shall not be liable for any damage to or loss of any micro wireless facility in the public right-of-way of the city as a result of or in connection with, but not limited to, any public works, public improvements, construction, excavation, grading, tilling, salting, snow removal, or work of any kind in the public right-of-way by or on behalf of the city.
(Q) Duty to provide information. Within ten days of a written request from the city, each service provider shall furnish the city with documentation sufficient to show that the service provider has complied with all requirements of this chapter.
(R) Assignments or transfers of consent. Consent to occupy or use the public right-of-way may be, directly or indirectly, transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the service provider, by operation of law or otherwise, without consent of the city, so long as:
(1) The city is notified of the proposed transfer on or before the date of transfer; and
(2) The transferee shall fully comply with this chapter within 60 days of the transfer, including, but not limited to:
(a) All information required by the application for consent to occupy or use the public right-of-way pursuant to § 115.02; and
(b) Any other information reasonably required by the city.
(S) Revocation of consent. Consent granted by the city to occupy or use the public right-of-way of the city may be revoked for any one of the following reasons:
(1) Construction, reconstruction, installation, location, operation or excavation at an unauthorized location;
(2) Construction, reconstruction, installation, location, operation or excavation in violation of city safety and/or construction requirements;
(3) Material misrepresentation or lack of candor by or on behalf of a service provider in any permit application or registration required by the city;
(4) Abandonment of micro wireless facility in the public right-of-way;
(5) Failure to relocate or remove a micro wireless facility or failure to restore the public right-of-way, as required by this chapter;
(6) Insolvency or bankruptcy of the service provider;
(7) The micro wireless facility is in a state of disrepair which creates a public nuisance;
(8) Violation of material provisions of this chapter; or
(9) Construction under the consent is not commenced within two years of the consent approval date.
(T) Notice and duty to cure. In the event that the Building Commissioner believes that grounds exist for revocation of consent to occupy or use the public right-of-way or construction permit, the Building Commissioner shall give the service provider written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the service provider a reasonable period of time not exceeding 30 days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
(2) That rebuts the alleged violation or noncompliance; and/or
(3) That it would be in the public interest to impose some penalty or sanction less than revocation.
(Prior Code, § 875.03) (Ord. 2018-14, passed 7-10-2018)