A. Chapter Compliance: No provider shall receive a telecommunications franchise unless it agrees to comply with each of the terms set forth in this chapter governing construction and technical requirements for its system, in addition to any other reasonable requirements or procedures specified by the City or the wireless franchise, including requirements regarding colocation and cost sharing.
B. Pole Attachment Agreement: No antenna, small wireless facility, or other equipment may be added to City poles without a pole attachment agreement with the City, or where the City poles are not able to structurally accommodate the antenna, small wireless facility, or other equipment.
C. WCFs Prior To This Chapter: WCFs that lawfully existed prior to the adoption of this chapter shall be allowed to continue their use as they presently exist. This Code does not make lawful any WCF that is not fully approved on the date this chapter is adopted, and those pending WCFs will be required to meet the requirements of this Code.
D. Law And Requirement Compliance: The applicant must comply with all Federal, State, and local laws and requirements. This includes, but is not limited to, the Americans With Disabilities Act, and participating in Blue Stakes of Utah as required by Utah Code 54-8a-2 through 54-8a-13, as amended.
E. WCF Within Right-Of-Way: In the installation of any WCF within the rights-of-way, care shall be taken to install in such a way that does not damage, interfere with, or disturb any other utility or entity that may already be located in the area. Any damage done to another utility's or entity's property shall be immediately reported to both the City and the owner of the damaged property, and must be promptly repaired by the provider, with the provider being responsible for all costs of repair, including any extra charges that may be assessed for emergency repairs. Failure to notify the City and the damaged property owner will result in revocation of the franchise agreement. When approving the location for a WCF, the location of utilities or other entities' property, or the need for the location of other utilities, within the rights-of-way shall be considered before approval to locate the WCF will be given in order to ensure those other services to the public are not disrupted.
F. Certain Standards And Regulations: All WCFs and utility poles shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate WCFs and utility poles including, but not limited to, RF emissions. If such standards and regulations are changed, and if WCF equipment is added either through colocation or replacement, then the owners of the WCFs and utility poles governed by this chapter shall bring such WCFs and utility poles into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring WCFs and utility poles into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF or utility pole at the owner's expense.
G. Code And Standard Compliance: A WCF or utility pole shall comply with the all applicable codes and applicable standards.
H. Upholding Manufacturer And Wind Speed Specifications: All structures shall be constructed and installed to manufacturer's specifications, and constructed to withstand a minimum 100-mile per hour wind, or the minimum wind speed as required by the City's currently adopted International Building Code, as amended.
I. Maintenance: The following maintenance requirements apply to WCFs, as applicable:
1. All landscaping shall be maintained at all times and shall be promptly replaced if not successful.
2. All WCF sites shall be kept clean, neat, and free of litter.
3. A WCF shall be kept clean and painted in good condition at all times. Rusting, dirty, or peeling facilities are prohibited.
4. All equipment cabinets shall display a legible operator's contact number for reporting maintenance problems.
5. The applicant shall provide a description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and potential safety impacts of such maintenance.
J. Inspections:
1. The City or its agents shall have authority to enter onto the right-of-way upon which a WCF is located to inspect the facility for the purpose of determining whether it complies with the applicable codes and standards.
2. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the WCF owner. In the event such inspection results in a determination that violation of applicable standards set forth by the City has occurred, the City will notify the provider of the violation.
3. Upon receipt of a notice of violation, the provider will have thirty (30) days from the date of the notice to correct the violation. If the provider fails to correct the violation within the 30-day period, the City may remove the violating WCF or utility pole at the provider's sole expense.
4. The City may recover all of its costs incurred in processing and removing the violation.
5. The provider may appeal a notice of violation by following the appeals process found in this Code. (Ord. 77-2018, 8-28-2018)