Subject to compliance with all applicable provisions of this chapter, small cell wireless facilities, pursuant to an approved permit issued by the city in compliance with this chapter, shall be permitted on the right-of-way of the City of Middletown, upon the following terms and conditions:
(A) Public right-of-way. Small cell wireless facilities in the public right-of-way in all zoning districts shall be in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities in the public right-of-way are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the Applicant must include technical information demonstrating that a higher ranked option is not feasible considering the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence.
(1) Collocation on existing light poles;
(2) Collocation on any other existing utility poles;
(3) Collocation on any other existing pole, or an existing structure in the public right-of-way;
(4) Location on a new pole of any kind.
(B) The city may propose an alternative location for proposed facilities from the proposed location. City shall provide applicant a written explanation of the reason the city believes the alternate location is preferable. The applicant shall then, (i) accept the city's recommendation; (ii) identify another alternate location and provide a written explanation why that alternate is preferable; or (iii) provide written explanation why it continues to believe the original location remains the best alternative. The Facilities Operator shall utilize the alternate location unless the Facilities Operator shows that the alternate location is not feasible. Negotiation must occur within the timeframe set forth in § 97.06 to identify a mutually agreed location.
(C) No more than one small cell installation for any provider shall be permitted per each 1,000 feet along a city right-of-way; unless applicant provides technical information demonstrating that application of this limitation is not feasible considering the applicant's service objectives. Any claim of infeasibility shall be supported by substantial evidence.
(D) Facilities shall not interfere with existing or planned street trees, landscaping and irrigation.
(E) Encroachment permit. An applicant seeking to install, construct, operate, or perform work related to small cell wireless facilities in the public right-of-way shall also obtain a revocable encroachment permit from the city prior to commencing work.
(Ord. 09-12-19-A, passed 10-10-2019)