(A)   State or federal requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 2101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. Federal law prohibits the city from denying a permit if doing so would prohibit or have the effect of prohibiting the provision of personal wireless services. If, at any time, the state or federal standards are modified, then the applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of the city permit and require removal of the small cell facility at the service provider’s expense.
   (B)   Building codes and safety standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the city, and shall ensure that they are maintained in compliance with standards contained in applicable state or local building codes, the Louisville Metro Land Development Code, and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the applicant of the facility, the applicant shall have 15 days to bring such facility into compliance with such standards. Failure to bring such facility into compliance within the required time shall constitute grounds for the revocation of city permit and removal of the small cell facility at the owner’s expense.
   (C)   Radio frequency emissions standards. Applicants shall confirm that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with applicable safety standard specified in 47 C.F.R. 1.1307(b). Such information shall be submitted with permit application materials and annually thereafter if requested by the city.
   (D)   Operation and maintenance standards. In addition to any other conditions required by permits issued pursuant to this chapter, all small cell wireless facilities shall always comply with the following standards.
      (1)   Except as provided in this chapter, an applicant shall not install signs, display logos, or run advertisements on, alongside, or in connection with a permitted facility.
      (2)   Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and promptly be provided to the city.
      (3)   Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of receipt of city notice.
      (4)   Except for emergency repairs, testing and maintenance activities shall only occur between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, excluding holidays.
      (5)   Each facility shall install the following security measures:
         (a)   An on-site, emergency “kill switch” to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel;
         (b)   Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards, described herein, and nuisance regulations, and must not interfere with city emergency services or transmission.
      (6)   Except for public improvement projects undertaken primarily for beautification, each facility shall be relocated at the applicant’s sole cost, upon demand by the city with reasonable notice, to allow for public improvement projects necessary for the public’s health and safety.
      (7)   The applicant shall, at its sole cost, be responsible for repairing to city standard specifications, or replacing in kind, any city facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of the applicant’s small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this division include, but are not limited to, the following:
         (a)   Curb, gutter, sidewalk, storm drains, and pavement;
         (b)   Landscaping; and
         (c)   Structures, buildings, light poles and fixtures.
   (E)   Electrical metering and structural standards. All small cell wireless facilities shall comply with the following requirements.
      (1)   All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing city projects or facilities.
      (2)   All existing, city-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation, in accordance with the most recent city structural standards for street light poles, including but not limited to, safety and load-bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.
         (a)   Applicants requesting to install a small cell wireless facility on city-owned streetlight poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such city standards.
         (b)   If the city-owned streetlight pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may at its own cost replace the existing streetlight pole at the proposed installation location with a pole that meets or exceeds the city’s structural standards, including safety and load-bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at the applicant’s cost. The applicant shall be responsible to coordinate electrification of the new installation with the utility provider, including independent metering of electrical power required for applicant’s installations as provided herein. Upon installation, the new pole shall become the property of the city.
   (F)   A decorative facility. Small cell wireless facilities and any ancillary equipment shall be located and designed to be a decorative facility and blend with the existing natural or built surroundings, provided, however, the obligation to install decorative facilities in the right-of-way shall be applied uniformly and in a nondiscriminatory manner, and shall be no more burdensome than the requirements applied to similar types of infrastructure deployments for other, similarly-situated utility installations. The applicant cannot remove or damage any city landscaping, and may be required by the city to install buffering landscaping.
   (G)   Ancillary equipment. 
      (1)   Ancillary equipment and any support facilities for small cell wireless facilities located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred:
         (a)   Underground in any area in which the existing utilities are primarily located underground;
         (b)   On the pole or support structure; or
         (c)   Integrated into the base of the pole or support structure.
      (2)   Applications that involve less-preferred installation locations may be approved so long as the applicant demonstrates that the more preferred installation location would be technically infeasible. Any claim of infeasibility shall be supported by substantial evidence.
      (3)   If undergrounding of ancillary equip-ment is not possible, all such equipment shall be located within a decorative facility, and shall comply with all applicable laws, including but not limited to, the American Disabilities Act.
   (H)   Pole designs. Small cell wireless facility pole installations shall be a decorative facility. Each installation shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.
   (I)   Non-reflective materials. Small cell wire-less facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.
   (J)   Design preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including but not limited to, color, tint, shade, treatment, painting, surface treatment, replacement landscaping, decorative facility design, and concealment.
   (K)   Security fencing. Under no circumstances shall security fencing be permitted.
   (L)   Volume. Each individual antenna may not exceed three cubic feet in volume. All other equipment associated with a small wireless facility shall be no more than 28 cubic feet in volume. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.
(Ord. 2-24-20, passed 3-23-20)