1154.09 STANDARD CONDITIONS OF PERMIT APPROVAL
(a) Permission to site Small Cell Facilities and Wireless Support Structures in the Public Right-of-Way shall be conditioned on compliance with the standard conditions of approval provided by this section. The Building Department may add or modify conditions of approval as necessary or appropriate to protect and promote public health, safety and welfare.
(b) The City's approval term of an attachment to a Wireless Support Structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the City, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its Small Cell Facilities at any time subject to applicable permit requirements and may stop paying annual charges or fees under section (N).
(c) Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.
(d) The City or its designee may inspect Small Cell Facilities and Wireless Support Structures in the Public Right-of-Way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(e) If requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the Public Right-of-Way at no cost to the City, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with local law.
(f) Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Building Department.
(g) Any operator who owns or operates Small Cell Facilities or Wireless Support Structures in the Public Right-of-Way shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates Small Cell Facilities and Wireless Service in the Public Right-of-Way, any agent, officer, director, representative, employee, Affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities
(h) In the event that the City has reason to believe that permittee's radio communications operations are causing interference with the City's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the City to either rule out permittee as the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the Small Cell Facilities on and off for testing.
(i) Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the Small Cell Facility and/or Wireless Support Structure.
(j) Small Cell Facilities and support structures shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property.
(k) Permittee shall remove any graffiti or bear the total cost of abatement for the Small Cell Facility, at the permittee's sole expense.
(l) All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.
(m) Permittee shall remove and relocate the permitted Small Cell Facility and/or support structure at permittee's sole expense to accommodate construction of any public improvement project by the City.
(n) In the event that the use of a Small Cell Facility is discontinued, the owner shall submit an Eligible Facilities Request, as written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. If a Small Cell Facility and support structure is not removed within 180 days of discontinued use, the Small Cell Facility shall be considered abandoned and the City may remove it at the owner's expense. Should the owner not remove the support structure, the City may remove the support structure at the owner's expense. In the event that a Wireless Support Structure is discontinued, the owner shall submit a Non-Residential Public Right-of-Way Permit, as written notice to the City of its intent to remove the Wireless Support Structure from the Public Right-of-Way. If a Wireless Support Structure is not removed within 180 days of discontinued use, the Wireless Support Structure shall be considered abandoned. Small Cell Facilities and Wireless Support Structures determined by the City to be abandoned without application notice from the owner may be removed by the City at the owner's expense to ensure the public health, safety, and welfare.
(Ord. 2018-115. Passed 8-14-18.)