CHAPTER 19
SMALL WIRELESS FACILITIES

SECTION:

7-19-1: Use Of Right-Of-Way For Small Wireless Facilities And Utility Poles

7-19-2: Definitions

7-19-3: Small Wireless Facilities; Restrictions

7-19-4: Permits, When Required

7-19-5: Design Standards Applicable To All Small Wireless Facilities

7-19-6: Design Standards Applicable To Collocated Small Wireless Facilities

7-19-7: Design Standards Applicable To Small Wireless Facilities On New Stand-Alone Utility Poles

7-19-8: Design Standards Applicable To Decorative Poles, Historic Districts And Design Districts

7-19-9: Undergrounding

7-19-10: Application Process

7-19-11: Procedure For Administrative Review Of Applications

7-19-12: Fees

7-19-13: Damage And Repair

7-19-14: Removal Of Small Wireless Facilities

7-19-15: Conflicts

7-19-16: Other Applicable Ordinances

7-19-17: Orders, Rules And Regulations

7-19-18: City Failure To Enforce

7-19-19: Construed According To Utah Law

7-19-1: USE OF RIGHT-OF-WAY FOR SMALL WIRELESS FACILITIES AND UTILITY POLES:

   A.   Subject to the provisions of this chapter and along, across, upon or under a right-of-way, a wireless provider may:

      1.   Collocate a small wireless facility, including collocation on a City pole;

      2.   Install, operate, modify, maintain or replace:

         a.   A utility pole associated with the wireless provider's collocation of small wireless facilities;

         b.   A stand-alone pole owned by a wireless provider for use with a small wireless facility; or

         c.   Equipment described in Utah Code Annotated subsection 54-21-101(25)(b)(i) through (ix) required for a wireless provider's operation or collocation of small wireless facilities.

   B.   An applicant may not install a new utility pole or a small wireless facility, including any associated equipment, upon or under a residential street without the City's discretionary written consent.

   C.   This chapter applies to the construction, modification, removal and operation of small wireless facilities installed in the public right-of-way.

   D.   This chapter does not apply to video service systems, wireline services, or wireless facilities that are not small wireless facilities.

   E.   All references to small wireless facilities in this chapter shall refer only to small wireless facilities in the right-of-way and not small wireless facilities located anywhere outside of the right-of-way.

   F.   No person shall install, construct, modify, or otherwise place any small wireless facility within the public right-of-way except pursuant to the provisions of this chapter.

   G.   Microwave, macro towers, and other wireless backhaul facilities are not permitted within the right-of-way.

   H.   The definitions used in this chapter apply only to this chapter.

(Ord. 2018-27, 8-28-2018)

7-19-2: DEFINITIONS:

   A.   Except as modified in this section, the terms used in this chapter shall be defined as provided in the Small Wireless Facilities Deployment Act, section 54-21-101 Utah Code Annotated, or its successor provision.

   B.   For purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

   CITY POLE: An authority pole owned by Ogden City.

   DESIGN DISTRICT: Includes the East Central Community as defined in section 15-41-2 of this Code.

   HISTORIC DISTRICT: Includes the 25th Street Historic District, the Eccles Historic District, the Jefferson Historic District and the Crossroads of the West Historic District.

   RESIDENTIAL STREET: A public right-of-way that is not more than sixty feet (60') wide, as shown on a deed, dedication plat, City bible sheet, or other official plat record on file with the Office of the Weber County Recorder and that is adjacent to single-family residential lots, other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restriction.

   RIGHT-OF-WAY: Does not include private streets; private abutter's alleys; utility easements owned by the City, including public utility easements shown on a recorded subdivision plat; the interior of public parks or other public grounds including internal sidewalks, parking areas or roads; or trails and paths that are not immediately adjacent to and parallel with a public right-of-way.

   SMALL WIRELESS FACILITY: A type of wireless facility: 1) on which each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and 2) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than twenty eight (28) cubic feet in volume, not including any: a) electric meter; b) concealment element; c) telecommunications demarcation box; d) grounding equipment; e) power transfer switch; f) cut-off switch; g) vertical cable run for the connection of power or other service; h) wireless provider antenna; or i) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.

   STAND-ALONE POLE: A pole installed by a wireless provider in the public right-of-way for use in connection with a small wireless facility.

(Ord. 2018-27, 8-28-2018)