(a) Generally, all Facilities shall be constructed and maintained in a manner that does not:
(1) Obstruct, impede, or hinder the usual travel or public safety on a Right of Way;
(2) Obstruct the legal use of a Right of Way by other utility providers;
(3) Violate nondiscriminatory applicable codes;
(4) Violate or conflict with the City's Right of Way ordinance or these Design Guidelines; and
(5) Violate the federal Americans with Disabilities Act.
(b) Historic or Architecturally Significant Structures.
(1) Above ground Facilities approved by the City after the enactment of these Regulations may not be placed directly in front of any historic or architecturally significant structures in prominent or highly visible locations.
(2) Enclosures shall encapsulate all equipment within the enclosure except as otherwise permitted by the City Engineer.
(3) Enclosures shall not be located within or above pavement (roadway, driveway, sidewalk, or shared use path).
(4) Enclosures shall be installed outside of potential right-of-way improvements (e.g. ADA curb ramp, roadway widening, sidewalk or shared use path).
(c) Overhead Installations.
(1) Installation of overhead lines is acceptable only on existing infrastructure, with exceptions where special circumstances require underground or other means. Right-of-way or a recorded easement for such use is required.
(2) Any supporting ground infrastructure (pole, guy wire, cabinet, etc) shall be placed no closer than:
A. Five (5) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water);
B. One horizontal foot from irrigation equipment owned by the City of Moraine.
Additional offset distance may be required depending on site conditions.
(d) Underground Installations.
(1) Installation of Facilities underground is preferred to installation overhead. Right-ofway or a recorded easement for such use is required.
(2) Underground Facilities shall be placed no closer than:
A. Five (5) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water), except to cross at nearly 90 degree angles;
B. One horizontal foot from irrigation equipment owned by the City of Moraine.
Additional offset distance may be required depending on site conditions.
(3) Underground Facilities shall be equipped with a tracing system to allow underground detection.
(4) The Provider /Permittee shall remain an active member of the Ohio811 (Ohio Call Before You Dig services), and provide location information as required by Ohio law.
(e) Pole-Mounted Cabinets.
(1) A Pole-Mounted Cabinet is defined as a protective enclosure to house communication junctions or some related function, and is attached to a pole. A Pole-Mounted Cabinet shall not exceed eight (8) cubic feet. The size and shape of a Pole-Mounted Cabinet shall be designed for the least possible visual impact.
(2) The number of Pole-Mounted Cabinet placements shall remain at a minimum to avoid the undesirability of excessive above ground utility infrastructure.
(3) Placement of Pole-Mounted Cabinet along thoroughfares is preferred. Installation on local or residential streets should be avoided unless absolutely necessary.
(4) Placement of Pole-Mounted Cabinet shall be at property lines ( of differing owners).
(5) Placement of Pole-Mounted Cabinets shall be outside of intersection and driveway sight triangles.
(6) Pole-mounted Cabinets shall be no closer than three (3) feet from back of curb, roadway, driveway, sidewalk or shared use path.
(7) Pole-Mounted Cabinets shall be placed no closer than five (5) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water), and no closer than one horizontal foot from irrigation equipment owned by the City of Moraine. Additional offset may be required depending on site conditions.
(8) The bottom of a Pole Cabinet must be between two (2) feet and three (3) feet or more than seven (7) feet off the ground and may not extend more than six (6) inches from the face of the pole.
(9) Pole Cabinets shall be installed plumb.
(10) Placement of Pole-Mounted Cabinets in recorded easement locations may be required.
(11) Material: Sturdy construction, typically metal.
(12) Equipment attached to metal poles must be installed using stainless steel banding straps. When the straps are attached to a metal pole, they must match the color of the pole.
(13) Color: The material color shall be inconspicuous to the site. The surface shall be maintained in good condition and free of graffiti. The Applicant shall submit a color sample no smaller than six inches square for review and approval prior to installation.
(f) Large Cabinets.
(1) A Large Cabinet is defined as a protective enclosure to house communication junctions or some related function that is taller than four ( 4) feet, with a volume exceeding fifteen (15) cubic feet. The size and shape of a Large Cabinets shall be designed for the least possible visual impact.
(2) The number of Large Cabinet placements shall remain at a minimum to avoid the undesirability of excessive above ground utility infrastructure.
(3) Placement of Large Cabinets along thoroughfares is preferred. Installation on local or residential streets should be avoided unless absolutely necessary.
(4) Placement of Large Cabinets shall be at property lines ( of differing owners).
(5) Placement of Large Cabinets shall be outside of intersection and driveway sight triangles.
(6) Large Cabinets shall be no closer than eight (8) feet from the back of curb or roadway.
(7) Large Cabinets shall be no closer than three (3) feet from any sidewalk or shared use path.
(8) Offsets from curb, roadway, sidewalk or shared use path may be reduced at the City Engineer's discretion to conglomerate proposed Large Cabinets with existing cabinet( s) of the same entity.
(9) Large Cabinets shall be placed no closer than ten (10) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water), and no closer than one (1) horizontal foot from irrigation equipment owned by the City of Moraine. Additional offset may be required depending on site conditions.
(10) Cabinets shall be installed plumb.
(11) Placement of Large Cabinets in recorded easement locations may be required.
(12) Appurtenance outside the Cabinet shall be kept to a minimum.
(13) Material: Sturdy construction, typically metal.
(14) Color: The material color shall be inconspicuous to the site. The surface shall be maintained in good condition and free of graffiti. The Applicant shall submit a color sample no smaller than six inches square for review and approval prior to installation.
(g) Small Cabinets.
(1) A Small Cabinet is defined as a protective enclosure to house communication junctions or some related function and is ground-mounted. A Small Cabinet is typically taller than two (2) feet, with a volume exceeding two and five-tenths (2.5) cubic feet, but less than fifteen (15) cubic feet. The size and shape of a Small Cabinet shall be designed for the least possible visual impact.
(2) The number of Small Cabinet placements shall remain at a minimum to avoid the undesirability of excessive above ground utility infrastructure.
(3) Placement of Small Cabinets along thoroughfares is preferred. Installation on local or residential streets should be avoided unless absolutely necessary.
(4) Placement of Small Cabinets shall be at property lines ( of differing owners), unless otherwise permitted.
(5) Placement of Small Cabinets shall be outside of intersection and driveway sight triangles.
(6) Small Cabinets shall be no closer than three (3) feet from back of curb, roadway, driveway, sidewalk or shared use path.
(7) Offsets from curb/roadway or sidewalk/shared use path may be reduced at the City Engineer's discretion to conglomerate proposed Small Cabinets with existing cabinet( s) of same entity.
(8) Small Cabinets shall be placed no closer than five (5) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water), and no closer than one (1) horizontal foot for irrigation equipment owned by the City of Moraine. Additional offset may be required depending on site conditions.
(9) Cabinets shall be installed plumb.
(10) Placement of Small Cabinets in recorded easement locations may be required.
(11) Material: Sturdy construction, typically metal.
(12) Color: The material color shall be inconspicuous to the site. The surface shall be maintained in good condition and free of graffiti. The Applicant shall submit a color sample no smaller than six inches square for review and approval prior to installation.
(h) Pedestals.
(1) A Pedestal is defined as a protective enclosure to house smaller scale communication junctions or some related function that is no higher than two and five-tenths (2.5) feet, with a volume less than two and five-tenths (2.5) cubic feet. The Pedestal size and shape shall be designed for the least possible visual impact.
(2) The number of Pedestal placements shall remain at a minimum to avoid the undesirability of excessive above ground utility infrastructure.
(3) Placement shall be at property lines ( of differing owners).
(4) Placement shall be no closer than two (2) feet from back of curb, roadway, driveway, sidewalk or shared use path. Not permitted within pavement (roadway, driveway, sidewalk or shared use path).
(5) Pedestals shall be installed plumb.
(6) Pedestals shall be placed no closer than three (3) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water),. No closer than one (1) horizontal foot for irrigation. Additional offset may be required depending on site conditions.
(7) Material: Sturdy construction, preferably a composite material.
(8) Color: The material color shall be inconspicuous to the site. The surface shall be maintained in good condition and free of graffiti. The Applicant shall submit a color sample no smaller than six inches square for review and approval prior to installation.
(i) Large Pull Boxes.
(1) A Large Pull Box is defined as a protective enclosure to house communication junctions or related function and is flush to the ground, with underground space. A Large Pull Box is typically larger than two (2) square feet, but less than six (6) square feet. The pull box size and shape shall be designed for the least possible visual impact.
(2) Placement of Large Pull boxes at property lines ( of differing owners) is preferred.
(3) Large Pull Boxes may not be installed closer than two (2) feet from back of curb, roadway, driveway, sidewalk or shared use path. Large Pull Box installation is not permitted within pavement (roadway, driveway, sidewalk or shared use path).
(4) Pull Boxes shall be placed no closer than five (5) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water), and no closer than one horizontal foot from irrigation equipment owned by the City of Moraine. Additional offset may be required depending on site conditions.
(5) Material: Sturdy construction with a non-slip surface, preferably a composite material. Large Pull boxes must support HS-25 loading.
(6) Color: The material color shall be inconspicuous to the site. The surface shall be maintained in good condition and free of graffiti. The Applicant shall submit a color sample no smaller than six inches square for review and approval prior to installation.
(j) Small Pull Boxes.
(1) A Small Pull Box is defined as a protective enclosure to house very small communication junctions or related function and is flush to the ground, with underground space. A Small Pull Box will not typically exceed two (2) square feet. The pull box size and shape shall be designed for the least possible visual impact.
(2) Placement of Large Pull boxes at property lines (of differing owners) is preferred.
(3) Small Pull Boxes may not be installed closer than two (2) feet from back of curb, roadway, driveway, sidewalk or shared use path. Small Pull Box installation is not permitted within pavement (roadway, sidewalk, shared use path, or driveway).
(4) Pull Boxes shall be placed no closer than five (5) horizontal feet from underground infrastructure owned by the City of Moraine (storm sewer, fiber) or Montgomery County Environmental Services (sanitary sewer, water), and no closer than one (1) horizontal foot from irrigation equipment owned by the City of Moraine. Additional offset may be required depending on site conditions.
(5) Material: Sturdy construction with a non-slip surface, preferably a composite material. Small Pull boxes must support HS-20 loading.
(6) Color: The material color shall be inconspicuous to the site. The surface shall be maintained in good condition and free of graffiti. The Applicant shall submit a color sample no smaller than six inches square for review and approval prior to installation.
(k) Required Offsets Illustration.
(l) Vegetative Screening.
(1) Vegetative screening shall be required for large cabinets and may be required for other enclosures.
(2) The Applicant must submit a vegetative screening proposal with the Construction Permit Application, which will be reviewed in consultation with the Planning and Development Department. Adjacent property owners may also be consulted.
(3) Installation and maintenance of the vegetative screening is initially the responsibility of the Permittee with responsibility being automatically transferred to the Provider if /when the Permittee is no longer involved in such responsibility or is not responsive.
(4) When existing communications infrastructure is present, the vegetative screening shall be incorporated for that equipment, as well.
(5) Plants used for screening must be evergreen. The planting quantity and size should be such that one hundred percent (100%) screening is achieved within two (2) years of installation. Tree "topping" or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees, shrubs, or other vegetative screening already existing in the Right of Way must be noted in the proposal and must be approved by the City Engineer. When underground enclosures are proposed, they shall be located to minimize disruption to the placement of street trees. Adequate planting depth shall be provided between the top of the enclosure and the finished grade to allow plants to grow in a healthy condition.
(6) Vegetative screening shall be no closer than three (3) feet from back of curb, roadway or sidewalk/shared use path.
(7) The illustrations below indicate form and scale. The intent is to remove conspicuity from the cabinet with native, low-maintenance, long-lasting landscaping.
(m) Damage.
(1) For any damage that causes, or has the potential to cause, a hazardous condition, the Applicant/Owner shall immediately make the site safe, contact the appropriate emergency agencies and utility owner, and notify by telephone City of Moraine Engineering Department staff.
(2) Damage to any public or private Facility shall be reported to the City of Moraine Engineering Department immediately via email to: aburcham@moraineoh.org. The email shall describe in detail the damage (who, where, when, what, how). In addition, the Applicant shall maintain a current list of damage and share that weekly with the Engineering Department until the project is complete (and damages fixed). A Permit is required for any cut into pavement on roadway, curb, sidewalk, driveway, or shared use path.
(n) Signage/Lights/Logos/Decals/Cooling Fans.
(1) Signage. Permittee/Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet, pedestal or pull box that is visible to the public. Signage required under this section shall not exceed four inches by six inches (4" x 6"), unless otherwise required by Law ( e.g. RF ground notification signs) or the City. If no cabinet exists, the signage shall be placed at the base of the pole.
(2) Lights. Above ground Facilities shall not be illuminated, except in accordance with state or federal regulations, or unless illumination is integral to the camouflaging strategy such as design intended to look like a street light pole.
(3) Logos/Decals. Permittees/Providers shall remove or paint over unnecessary equipment manufacturer decals. Facilities shall not include advertisements and may only display information required by a federal, state, or local agency.
(4) Cooling Fans. In residential areas, a passive cooling system shall be used. In the event that a fan is needed, a cooling fan with a low noise profile shall be used.
(o) Encroachments Prohibited. Facilities shall not encroach at grade or within the airspace beyond the Right of Way or over the travel way. Infrastructure shall be located either within the Right of Way or on private property within a recorded easement.
(Ord. 2110-22. Passed 4-14-22.)