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§ 15-706 SERVICE TERMINATION; AUTHORIZED WHEN; NOTICE.
   The governing body of the city is authorized and empowered to order the termination and discontinuance of utility service to any structure for which a certificate of qualification has been filed if, after a hearing, the governing body finds and determines that the structure for which a certain certificate of qualification has been filed does not, in fact, meet all of the applicable standards established and imposed under § 15-703 for such structure. Notice in writing of the time, place and purpose of such hearing and of the specific standards allegedly being violated shall be served upon the owner and the persons in possession of the alleged nonconforming structure at least five days prior to the date for hearing. Service of such notice shall be completed by certified mail, return receipt requested, or such service may be completed in the manner prescribed for service of summons in K.S.A. 60-304.
(2010 Code, § 15-706)
§ 15-707 SAME; APPEAL.
   Any order entered by the governing body for the interruption and termination of utility service for failure to comply with any standard imposed in this article may be appealed by the owner to the County District Court, and, if so appealed, the District Court shall proceed to hear such appeal in the same manner as though such court had original jurisdiction of the matter. Appeal from any such order shall be taken and perfected in the manner required for the taking and perfection of an appeal from a final judgment under the Code of Civil Procedure for Limited Actions and more particularly, K.S.A. 61-2102. In the event of any such appeal, the order of the governing body from which the appeal is taken shall be stayed and suspended during the pendency of such appeal.
(2010 Code, § 15-707)
ARTICLE 8: SURFACE RUNOFF OR GROUNDWATER UTILITY
Section
   15-801   Intent
   15-802   Connection to sources of surface runoff or groundwater; disconnection order
   15-803   Procedure
§ 15-801 INTENT.
   Excessive inflow and infiltration of stormwater from any source, private or public into the sanitary sewer system is a hazard to the health, safety and welfare of the citizens of the city because such infiltration and inflow overloads the capacity of both the sanitary sewer lines and the treatment facilities. It is therefor necessary for the city to adopt a uniform system of rules and regulations and standards to eliminate sources and prevent inflow and infiltration from entering the public sanitary sewer system from private property.
(2010 Code, § 15-801) (Ord. 1843, passed - -)
§ 15-802 CONNECTION TO SOURCES OF SURFACE RUNOFF OR GROUNDWATER; DISCONNECTION ORDER.
   No person shall make connection of roof down spouts, exterior or interior foundation drains, (including sump pumps), area drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public wastewater collection system.
   (a)   The Superintendent of Public Utilities or designated representative may issue an order directing the owner to disconnect a private infiltration or inflow source from the sanitary sewer system. The order may state a deadline for compliance, but such deadline shall not be sooner than 30 days no longer than one year after issuance of the order. Within ten days after receipt of the order, the owner may, in writing, request a review hearing before the Superintendent of Public Utilities. The filing of such written request shall act as a stay order until after the hearing. After such hearing, the Superintendent of Public Works may affirm, set aside or modify such order.
   (b)   In lieu of disconnecting a private infiltration or inflow source from the sanitary sewer system, the owner may stay connected, but pay for his, her or its own external meter and installation thereof and then be charged for usage through the meter as he, she or it would normally be charged at the current wastewater rate.
   (c)   The Superintendent of Public Utilities may terminate sanitary sewer service by disconnecting water service to any premises the owner of which failed, or refused to comply with an order to disconnect an inflow and/or infiltration source from the sanitary sewer system within the time allotted.
   (d)   The city may abate and temporarily or permanently enjoin the continuing connection of a private infiltration or inflow source as a nuisance, in any court of competent jurisdiction.
(2010 Code, § 15-802) (Ord. 1843, passed - -)
§ 15-803 PROCEDURE.
   Upon verification by the city that a prohibited private sector infiltration of inflow connection exists, the city shall issue a disconnect order to the landowner subject to the conditions set out above. The disconnection work shall be performed under a permit issued by the city. After the landowner completes the disconnect order, the city shall reinspect the premises to verify compliance with the disconnect order and verify abatement of illegal connections.
(2010 Code, § 15-803) (Ord. 1843, passed - -)
ARTICLE 9: STANDARDS FOR WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Section
   15-901   Purpose and intent
   15-902   Definitions
   15-903   Applicability
   15-904   Authorization from the city required
   15-905   Shot clocks
   15-906   Pre-application conference
   15-907   Application procedures
   15-908   Application contents
   15-909   Application fee
   15-910   General design and construction standards
   15-911   Design and construction standards in aesthetic corridors
   15-912   Wireless facility inspections
   15-913   Removal of abandoned facilities
   15-914   Invalidity of a part
§ 15-901 PURPOSE AND INTENT.
   (a)   The purpose of this article is to establish reasonable and uniform standards and procedures for wireless facilities deployment, modification and removal within public rights-of-way in the city.
   (b)   This article is intended to provide for the public health, safety and welfare; ensure the appropriate use of public rights-of-way; and balance the benefits of robust wireless service with the value our community places on maintaining the aesthetic character of the city.
   (c)   This article is intended to comply with all applicable federal and state regulations, including the following.
      (1)   Federal Telecommunications Act of 1996 et seq.;
      (2)   Title VI, subtitle D, § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012;
      (3)   Sections 253 and 332 of the Communications Act (47 U.S.C. § 253 and 47 U.S.C. § 332);
      (4)   FCC Declaratory Ruling and Third Report and Order FCC 18-133; and
      (5)   K.S.A. 66-2019 et seq.
(Ord. 2040, passed 1-24-2019)
§ 15-902 DEFINITIONS.
   Unless otherwise expressly stated or the context clearly indicates a different intention, the following definitions apply to terms used in this article. Undefined words have the meanings assigned to them in 47 U.S.C. § 153 as amended, or their ordinary meanings. In the event that any definition in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.
   ACCESSORY EQUIPMENT. Any equipment serving or being used in conjunction with a wireless facility or wireless support structure, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
   AESTHETIC CORRIDOR. Any public right-of-way within the city in which existing utilities are all underground, including but not limited to the street right-of-way on Main Street, from Sherman north to U.S. Highway 54.
   ANTENNA. Communications equipment that transmits or receives electromagnetic radio signals used to provide wireless services.
   BASE STATION. A station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics. (See FCC 47 C. F. R. § 1.40001(b)(1)).
   COLLOCATION. The practice of attaching antennas or other transmission equipment from more than one wireless service provider to an eligible support structure, for the purpose of transmitting or receiving radio frequency signals for communication purposes.
   DISTRIBUTED ANTENNA SYSTEM (DAS). A network that distributes radio frequency signals and consists of:
      (1)   Remote communications or antenna nodes deployed throughout a desired coverage area, each including at least one antenna for transmission and reception;
      (2)   A high capacity signal transport medium that is connected to a central communications hub site; and
      (3)   Radio transceivers located at the hub’s site to process or control the communications signals transmitted and received through the antennas to provide wireless or mobile service within a geographic area or structure.
   FACILITY. Any utility lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, towers, wireless or cellular facilities, including small wireless facilities, antennas, vaults or appliances, or related facilities or appurtenances thereto.
   FCC. The Federal Communications Commission.
   OCCUPANT. Any person, firm, corporation, association, utility or entity which enters upon the public right-of-way in the city, or in any manner establishes a physical presence on, upon, in or over the right-of-way for the purpose of installing, constructing, maintaining or operating any utility facility.
   PUBLIC RIGHT-OF-WAY. The area on, below, or above real property that has been designated for use as, or is used for, a public roadway, highway, street, sidewalk, alley or similar purpose. For the purposes of this article, the term PUBLIC RIGHT-OF-WAY does not include the following:
      (1)   Federal interstate highways or other areas which are not within the legal jurisdiction, or within the legal maintenance responsibility, of the city;
      (2)   Easements obtained by utilities, or private easements in platted subdivisions or tracts; and
      (3)   The airwaves above a right-of-way with regard to wireless communications or other nonwire telecommunications or broadcast service.
   SHOT CLOCK. Time limits established by the FCC, within which a state or local government is required to process an application to deploy a wireless infrastructure facility. (See FCC Declaratory Ruling and Third Report and Order FCC 18-133.)
   SMALL WIRELESS FACILITY. Any small wireless facility as defined under §§ 253 and 332 of the Communications Act (47 U.S.C. § 253; 47 U.S.C. § 332). Also known as a SMALL CELL FACILITY.
      (1)   A SMALL WIRELESS FACILITY typically consists of a small cell antenna and an associated equipment box.
      (2)   SMALL WIRELESS FACILITIES are typically used in urban areas with high demand for wireless services. They are often mounted on either dedicated poles or existing utility poles in the public right-of-way, where they have access to both fiber optic cables and electric power. Sometimes multiple SMALL WIRELESS FACILITIES are clustered on or around one support structure.
      (3)   According to the 2018 FCC Declaratory Ruling and Third Report and Order FCC 18-133, a SMALL WIRELESS FACILITY must satisfy the following conditions:
         (A)   Each antenna must be three cubic feet or less in volume;
         (B)   All associated equipment must be 28 cubic feet or less in volume;
         (C)   Maximum height. A SMALL WIRELESS FACILITY must meet at least one of the following height restrictions.
            (i)   Must be mounted on a structure which is 50 feet or less in height;
            (ii)   Must be mounted on a structure which is no more than 10% taller than adjacent structures; and
            (iii)   When mounted on an existing structure, must not extend the height of that structure by more than ten feet or by more than 10%, whichever is greater.
   SUBSTANTIAL MODIFICATION. A proposed modification to an existing wireless support structure or base station that will substantially change the physical dimensions of the wireless support structure or base station under the objective standard for substantial change, as established by the FCC in 47 C.F.R. § 1.40001.
   TRANSMISSION EQUIPMENT. Equipment that facilitates transmission for a wireless service licensed or authorized by the federal communications commission including, but not limited to, radio transceivers, antennas, coaxial or fiber optic cable and regular and backup power supply. TRANSMISSION EQUIPMENT includes equipment associated with wireless services including, but not limited to, private, broadcast and public safety services such as wireless local area network services, and services utilizing a set of specifications developed by the institute of electrical and electronics engineers for interface between a wireless client and a base station or between two wireless clients, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
   WIRELESS FACILITIES are equipment at a fixed location that enables wireless communications between user equipment and a communications network, including but not limited to:
      (1)   Equipment associated with wireless services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;
      (2)   Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration; and
      (3)   WIRELESS FACILITY does not mean any wired connections from a wireless support structure or base station to a hub or switching location.
   WIRELESS INFRASTRUCTURE PROVIDER. Any person that builds or installs transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider.
   WIRELESS SERVICES. “Personal wireless services” and “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities or any fixed or mobile wireless services provided using wireless facilities.
   WIRELESS SERVICES PROVIDER. A provider of wireless services.
   UTILITY POLE. A structure owned or operated by a public utility as defined in K.S.A. 66-104, and amendments thereto, a municipality as defined in K.S.A. 75-6102, and amendments thereto, or an electric cooperative as defined in K.S.A. 2016 Supp. 17-4652, and amendments thereto, that is designed specifically for and used to carry lines, cables or wires for telecommunications, cable, electricity or to provide lighting.
(Ord. 2040, passed 1-24-2019)
§ 15-903 APPLICABILITY.
   With the exception of amateur radio facilities and wireless facilities owned and operated by the city for public purposes, this article applies to all existing wireless facilities within the city’s public rights-of-way, and to all applications to deploy, operate, modify, reconstruct, or relocate wireless facilities within the city’s public rights-of-way.
(Ord. 2040, passed 1-24-2019)
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