A. Permit Required: An SCF permit shall be required to install any SCF, utility pole, or SCF support structure. Applications for an SCF permit shall be considered and approved pursuant to the provisions of this section. An SCF permit shall be deemed to include all other Municipal permits which may be necessary to place and construct an SCF, utility pole, or SCF support structure as represented in an approved application. The granting of an SCF permit pursuant to this chapter is not a grant of any franchise. All applications shall first be reviewed administratively and then, if not eligible for administrative approval, may be considered via the special review process.
B. General Review Provision:
1. Review Period: The department must approve or deny all SCF permit applications pursuant to this chapter: a) within ninety (90) days after the date an application is filed for an SCF Permit Application to place a new utility pole or SCF support structure, or b) within sixty (60) days after the date an application is filed for collocation of an SCF. If approved, the permit shall be issued on or before day ninety (90) or sixty (60).
2. Tolling Of Review Period: An applicant and the department can mutually agree in writing to toll the applicable review period at any time.
3. Final Decision: By the end of the applicable review period, the City must advise the applicant in writing of its final decision. If the final decision is to deny the application, the final decision shall state the basis for denial, including specific code provisions on which the denial is based.
4. Nondiscrimination: The department shall process all applications under this chapter in a nondiscriminatory manner. Aesthetic requirements shall be: a) reasonable, b) no more burdensome than for other types of infrastructure deployments, and c) objective and published in advance.
C. Small Cell Facility Permit Process:
1. Administrative Review Process: An application submitted pursuant to this subsection shall be reviewed as follows:
a. Submission Of Application: Applicant shall submit a complete SCF Application accompanied by any corresponding application fee to the department.
b. Review For Completeness: The department shall review the application for completeness following submittal. The department must provide a written notice of incompleteness to the applicant within ten (10) days of receipt of the SCF Permit Application, clearly and specifically delineating all missing information. Information specified in a notice of incompleteness shall be limited to that which is relevant to the approval or denial of an application under this chapter. Applicant shall then submit all information specified in the notice of incompleteness. The applicable review period shall restart at zero on the date the applicant provides the missing information to complete the application. For subsequent determinations of incompleteness, the applicable review period shall be tolled if the department provides written notice within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information.
c. Application Approval: An application may not be approved via the administrative review process unless the proposed SCF, utility pole, or SCF support structure meets all applicable location and design requirements of this chapter. An application shall be approved via the administrative review process if the proposed SCF, utility pole, or SCF support structure meets all applicable location and design requirements of this chapter.
2. Special Review Process:
a. An applicant may request a special review of an application which is not eligible for administrative approval due to not meeting the applicable location or design requirements of this chapter and where compliance with said requirements is not technically feasible, economically feasible, or poses an undue burden.
b. Special reviews shall be conducted by the Planning and Zoning Commission in a public meeting. Notice of such meeting shall comply with South Dakota Codified Laws 1-25-1.1. The review hearing and final decision shall take place within the applicable sixty (60) or ninety (90) day review period which shall begin on the date a complete application is submitted to the department.
c. The Planning and Zoning Commission must approve, by majority vote of all members, an SCF application upon finding that the proposed installation has no reasonable alternative which better fits the location and design requirements of this chapter. The commission shall deny an application which does have a reasonable alternative which better fits the location and design requirements of this chapter. For an alternative to be reasonable, the alternative must be technically feasible, economically feasible, and must not impose an undue burden.
d. After the Planning and Zoning Commission has made a determination on an SCF application, the department shall issue an SCF permit if the application was approved. If denied, the department shall provide a notice of final decision including the grounds upon which the Planning and Zoning Commission denied the application.
D. Small Cell Facility Permit Applications:
1. Application Form: The Director shall designate or develop an Application Form for an SCF permit. An application may include requests for new or replacement utility poles or SCF support structures. The Director shall allow for applications to be consolidated pursuant to this section. Each applicant must submit a complete application for each permit desired.
2. Consolidated Applications: Each SCF permit request in a consolidated application shall be considered individually.
3. Application Requirements: All applications for the placement of an SCF, including modification or construction of a utility pole or SCF support structure, submitted under this chapter shall include the following:
a. Photo Simulations: A photo simulation of a reasonably representative installation type that includes to-scale visual simulations that show unobstructed before-and-after construction daytime views from at least two (2) angles, together with a map that shows the location of the proposed installation, including all equipment. A separate set of such materials shall be required for any design which is materially different.
b. Noise Study: A noise study for the SCF if: 1) requested by the City, 2) the proposed site is within twenty feet (20') of a residential structure, and 3) the application proposes to utilize equipment which may produce a persistent or chronic audible tone at such distance.
c. Radio Frequency (RF) Emissions Compliance: Whereas the FCC has exclusive jurisdiction to establish radio frequency emission safety standards, the City may only require a written report or statement, signed and sealed by a South Dakota licensed engineer or signed by a competent employee of the applicant, which explains compliance with the RF emissions limits established by the FCC.
d. Utility Pole Or SCF Support Structure Inspection: For collocations or modifications to existing utility pole or SCF support structure, applicant shall inspect the structure to which a proposed SCF would be attached and determine, based on a structural engineering analysis by a South Dakota registered professional engineer, the suitability of the pole or structure for the applicant's purposes. The structural engineering analysis shall be submitted to the department and shall certify that the utility pole or SCF support structure can reasonably support the proposed SCF.
e. New And Replacement Utility Poles And SCF Support Structures: For new and replaced utility poles and SCF support structures, applicant shall submit foundation drawings demonstrating the foundation and new or replacement utility pole or SCF support structure can reasonably support the SCF.
f. Design Justification: A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this section. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.
g. Site Plan: A site plan clearly indicating the location, type, height and width of the proposed pole, on-site land uses and zoning, adjacent land uses and zoning, distances to nearby objects, structures, and property lines, adjacent roadways, proposed means of access, utility runs, and other information which may uniquely impact the SCF's fitness for a particular site.
h. Aesthetic Compliance Summary: An explanatory statement of aesthetic considerations and requirements factored into applicant's design such as stealthing, finishing, fencing, landscaping, or other elements which may impact the visual appeal of the SCF.
i. Statement Of Purpose: A clear and complete written statement of purpose which shall minimally include: 1) a description of the technical objective to be achieved; 2) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and 3) full-color signal propagation maps.
E. General Standards:
1. Utility Pole Design: An existing utility pole may be replaced or extended to accommodate small cell facilities subject to the following requirements:
a. Replacement And New Utility Poles: Replacement utility poles shall be substantially similar to the width, color, and material of the original or adjacent utility poles. The City may approve minor deviations up to the minimum additional height needed to allow for the required clearance from electrical wires to accommodate an antenna or antennas and may also approve minor deviations up to fifty percent (50%) of the pole width at its base, not to exceed thirty inches (30"), when housing equipment is placed within the pole base. Replacement utility poles shall be located as close as possible to the existing utility pole, and the replaced utility pole shall be removed. Replacement street lights and poles shall conform to the adopted streetscape design standard for the zoning district. New utility poles shall mimic the design of a replacement utility pole that is most suitable for the proposed location.
b. Replacement And Existing Utility Pole Height: The height of any antennas at the top of an existing utility pole or any pole extender, shall be no higher than the greater of either fifty feet (50') or the height of such utility pole or SCF support structure plus ten percent (10%).
c. Equipment Concealed: Whenever technically feasible, antennas, cabling, and equipment shall be fully concealed within a pole, or otherwise camouflaged to appear to be an integrated part of a pole.
d. Flush-Mounting And Pole-Top Antennas: When technically feasible, antennas will be flush-mounted on a pole, which means either: 1) mounted directly to the pole with no gap other than that which may be required for screws, bolts, or similar hardware; 2) located at the top of the pole; or 3) side mounted by mounted arm as needed for required clearance. Canisters attached to the top of a pole shall not exceed the diameter of the pole, unless technically required, and then shall not be more than fifty percent (50%) greater than the diameter of the pole at the point of attachment or up to sixteen inches (16") in diameter, whichever is greater.
e. Antenna Design: Each antenna shall be located in an enclosure of no more than three (3) cubic feet in volume, or in case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three (3) cubic feet.
f. No Illumination: Small cell facilities shall not be illuminated except for small status LEDs installed by the manufacturer. Such LEDs may not be of a nature which is likely to distract a vehicle or pedestrian due to brightness, size, blinking, other similar condition, or any combination thereof.
g. Generators And Battery Backup: Generators are not permitted for small cell facilities. A battery backup may be permitted if it is concealed consistent with the provisions of this chapter.
h. Cabinet Location And Dimensions: Any equipment cabinet for a small cell facility shall utilize the smallest cabinet enclosure that is technically feasible to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet.
i. Painting, Coating, Or Finish Material: The exterior of an SCF shall be painted, coated, or be of a material which draws minimal attention from an observer. For example, an SCF painted in blaze orange or safety green is highly likely to draw attention and be distracting. An SCF finished with polished aluminum is more likely to be distracting than an SCF finished with matte grey paint.
2. Ground-Mounted Equipment: To allow full use of the public right-of-ways by pedestrians, bicyclists, and other users, all ground-mounted equipment, excluding antennas, shall, to the extent feasible, be either: a) undergrounded, b) incorporated into street furniture, or c) concealed in the base of a pole, and in all cases shall comply with the Americans With Disabilities Act (ADA), City construction standards, and any applicable State or Federal regulations in order to provide clear and safe passage within the public right-of-ways. The location of any ground-mounted equipment shall also comply with the Americans With Disabilities Act (ADA), City construction standards, and any applicable State or Federal regulations in order to provide clear and safe passage within the public right-of-ways.
3. Building-Mounted Small Cell Facilities: Antennas may be mounted to a building if the antennas do not interrupt the building's architectural theme.
a. Balanced Design: Small cell facilities attached to the side or roof of buildings shall employ a symmetrical, balanced design for all facade-mounted antennas. Subsequent deployments on a structure's exterior will be required to ensure consistent design, architectural treatment and symmetry with any existing small cell facilities on the same side of the structure.
b. Architectural Preservation: The interruption of architectural lines or horizontal or vertical reveals is prohibited unless demonstrated to be unavoidable.
c. Complementary Architecture: New architectural features, such as columns, pilasters, corbels, or other ornamentation that conceal an antenna or antennas, may be used only if the new feature complements the architecture of the existing building.
d. Mounting Brackets: Small cell facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
e. Concealment: Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed conduit, cabling and wiring is prohibited.
f. Matching Paint: Small cell facilities, and all visible mounting hardware, shall be painted and textured to match adjacent building surfaces.
g. Permission: All installations of a small cell facility shall have permission from the utility pole or SCF support structure owner to install the small cell facility on such utility pole or SCF support structure. Nothing in this section affects the need for an applicant seeking to place a small cell facility on a utility pole or SCF support structure that is not owned by the City to obtain from the owner of the utility pole or SCF support structure any necessary authority to place the small cell facility, nor shall any provision of this section be deemed to affect the rates, terms, and conditions for access to or placement of a small cell facility on a utility pole or SCF support structure not owned by the City. This section does not affect any existing agreement between the department and an entity concerning the placement of small cell facilities on any City-owned utility pole or SCF support structure.
4. Preferred Projecting Or Marquee Sign: Small cell facilities replicating a projecting or marquee sign must comply with the City's sign regulations. All antennas shall be completely screened by the facade of the sign. All cables and conduit to and from the sign shall be routed from within a building wall. Cable coverings may be allowed on the exterior of the building wall in limited circumstances and in situations where the coverings are minimally visible and concealed to match the adjacent building surfaces.
5. Parking Lot Lighting: Small cell facilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with applicable Municipal Code and construction standards, except that a pole extender up to five feet (5') in height may be utilized.
6. Purely Aesthetic Standards: To the extent that a requirement is purely aesthetic, an SCF applicant shall not be required to meet a more burdensome standard than other users of the right-of-way. Other users of the right-of-way shall meet the purely aesthetic standards of this chapter for new or replacement deployments to the extent which is technically and economically feasible. (Ord. O2018-18, 12-26-2018)