The purpose of this chapter is to establish general procedures and standards, consistent with all applicable Federal and State laws, for the siting, construction, installation, collocation, modification, operation, and removal of wireless communications facilities in the right-of-way. The goals of this chapter are to:
(a) Provide standards for the siting, construction, installation, collocation, modification, operation, and removal of wireless communications facilities in the City's right-of-way and for payment of fees and charges to be uniformly applied to all applicants and owners of wireless communications facilities or support structures for such facilities.
(b) Establish basic criteria for applications to site wireless communications facilities in the right-of-way and authorize the Director of the Department of Public Works to develop, publish, and from time to time amend applications and other associated materials to provide clear guidance to applicants.
(c) Ensure that wireless communications facilities will conform to all applicable health and safety regulations and will blend into their environment to the greatest extent possible.
(d) Enhance the ability of wireless communications carriers to deploy wireless infrastructure in the City quickly, effectively, and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability.
(e) Preserve the character of the City's neighborhoods and historic districts.
(f) Comply with, and not conflict with or preempt, all applicable State and Federal laws, including without limitation Section 101(a) and Section 704 of the Telecommunications Act, Pub. L. 104-104, 101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable Federal statutes.
(Ord. 070-17. Passed 3-27-17.)