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(a) A facilities operator shall be required to replace an existing wireless support structure in the following circumstances:
(1) The wireless support structure upon which the applicant has proposed to collocate small cell equipment is deemed incapable of bearing the added weight of the small cell equipment; or
(2) An existing wireless support structure is located within 100 feet or less of the proposed site of a new wireless support structure but the existing wireless support structure is incapable of bearing the additional weight of the small cell equipment.
(b) Designs for replacement of wireless support structures shall be as architecturally similar as possible to the existing wireless support structure to be replaced unless otherwise approved by the City.
(1) All luminaire mast arms shall be the same length, arch, and style as the original luminaire arm, unless otherwise specified by the City.
(2) The City may require the facilities operator to install a new metal wireless support structure rather than a new wood support structure.
(c) The overall height of a replacement wireless support structure, including proposed collocated antenna, shall not be greater than forty feet in height above ground level.
(d) All existing signs, traffic signals, emergency signal detection units, video detection cameras, video cameras, crosswalk service buttons, crosswalk signals, and any other pedestrian or traffic devices shall be reinstalled or replaced with new units by the facilities operator and installed at no cost to the City.
(e) The concrete wireless support structure foundation for the original wireless support structure shall be removed either partially or completely by the facilities operator as instructed by the City.
(1) If partially removed, the original wireless support structure foundation shall be taken back to a level that is twelve inches below the existing grade and covered with four inches of one-half inch to three-quarter inch compose of rock material. The remaining eight shall be native soil and landscaped with natural vegetation that is the same as the surrounding vegetation.
(2) If the entire original wireless support structure foundation must be removed, then all foundation materials (concrete, rebar, metals, bolts, etc.) shall be removed. The type of backfill material and compaction required is: (a) one-half sack slurry for the entire depth in paved areas, and (b) one-half sack slurry for the entire depth except the top twelve inches will be native soil in landscaped areas with natural vegetation that is the same as the surrounding vegetation.
(Ord. 53-2019. Passed 4-15-19.)
(a) New wireless support structures shall be designed and constructed to accommodate small cell equipment from at least two wireless service providers on the same wireless support structure.
(b) New wireless support structures shall maintain a distance of 300 feet from existing monopoles, or utility poles.
(c) In non-residential districts, new wireless support structures shall be located at the shared property line between two residential parcels where the parcels intersect the right-of-way.
(d) In non-residential districts, new wireless support structures shall be located between tenant spaces, storefront bays, or adjoining properties at the shared property lines where the parcels intersect the right-of-way.
(e) New wireless support structures shall not interfere with any metered parking space.
(f) A new wireless support structure shall not be located in front of a building entrance or exit.
(g) The overall height of a new wireless support structure, including proposed collocated antenna, shall not be greater than forty feet in height above ground level. The City may require the facilities operator to install a metal wireless support structure rather than a wood wireless support structure.
(Ord. 53-2019. Passed 4-15-19.)
(a) Whenever any existing electric utilities, cable facilities, telecommunications facilities or other facilities are located underground within a public way of the City, the facilities operator must also locate its facilities underground.
(b) A facilities operator may replace an existing wireless support structure or collocate small cell facilities on an existing wireless support structure even if the wireless support structure is located in an underground area.
(c) A facilities operator shall not install a new wireless support structure in an underground area.
(d) An operator may apply to the Board of Zoning Appeals for a waiver of the underground placement requirement if the requirement prevents the operator from achieving its service objective, the requirement has the effect of prohibiting the provision of reasonable service in the City, and the operator's objective of providing reasonable service in the City cannot be met by placing facilities at:
(1) A location in the public right-of-way where the prohibition does not apply;
(2) A utility easement the service provider has the right to access; and
(3) Other suitable locations or structures made available by the City at reasonable rates, fees and terms.
(e) Submission of a waiver pursuant to division (d) of this section is subject to the facilities operator's agreement to toll the timeframes set forth in Section 1070.08(a) by thirty days.
(Ord. 53-2019. Passed 4-15-19.)
(a) Any person or entity found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter.
(Ord. 53-2019. Passed 4-15-19.