(A) 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 small cell wireless communications facilities in the right-of-way.
(B) The intent of this chapter is to:
(1) Establish basic criteria for applications to locate small cell facilities and wireless support structures in the right-of-way and to authorize the City Manager to develop, publish, and from time to time amend applications and other associated materials to provide clear guidance to applicants;
(2) Ensure that small cell facilities and wireless support structures are carefully designed, constructed, modified, maintained, and removed when no longer in use in conformance with all applicable health and safety regulations;
(3) Preserve the character of the Montgomery Heritage District and supporting districts by minimizing the potentially adverse visual impact of small cell facilities and wireless support structures through careful design, siting, landscaping and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;
(4) Enhance the ability of wireless communications carriers to deploy small cell facilities and wireless support structures in the city quickly, effectively, and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability;
(5) Establish an application process and structure for payment of fees and charges to be uniformly applied to all applicants and owners of small cell facilities and wireless support structures for such facilities;
(6) 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 L. 104- 104, 101 Stats. 56, 70 (Feb. 8, 1996) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96,126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.
(C) All right-of-way permits granted hereunder shall be non-exclusive and no property right of any nature shall be created, nor presumed by the granting of a permit under this chapter.
(Ord. 13, 2018, passed 10-3-18)