7-19-2: DEFINITIONS:

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)

7-19-3: SMALL WIRELESS FACILITIES; RESTRICTIONS:

A. A small wireless facility, including associated poles, equipment and structures, installed under this chapter may not:

1. Obstruct or hinder the usual travel or public safety on a right-of-way;

2. Be located within two feet (2') of a curb, provided that this restriction does not apply to an existing utility pole that is used for collocation unless the pole is proposed to be replaced;

3. Utilize guy wires to support, provided that this restriction does not apply to an existing utility pole with a guy wire;

4. Interfere with or impair the vision of operators of vehicles at street intersections or interfere with or impair any aspect of any sight triangle field of vision as outlined under section 7-3-2 of this title; or

5. Obstruct, damage, or interfere with:

a. Another utility facility in a right-of-way; or

b. A utility's use of the utility's facility in a right-of-way.

B. Construction and maintenance of any pole, equipment or small wireless facility by a wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.

C. A wireless provider shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys' fees, arising out of or in connection with such provider's wireless facilities or use of the public way, unless and to the extent caused by the City's negligence.

D. A wireless provider is solely responsible for establishing electrical power service for its small wireless facilities and for the payment of all electrical utility charges associated with the small wireless facility.

E. All small wireless facilities and wireless provider-owned structures shall be maintained by the wireless provider in a clean and good condition, free of graffiti, and rusting, excessive dirt, and peeling paint. The City shall have the authority to conduct inspections of the small wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this chapter.

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

7-19-4: PERMITS, WHEN REQUIRED:

A. When Permit Required: An applicant shall obtain a permit prior to:

1. Collocating a small wireless facility in a public right-of- way;

2. Installing a new, modified, or replacement utility pole, authority pole or stand-alone pole associated with a small wireless facility in a right-of-way; or

3. Permanently removing a small wireless facility.

B. Agreements: The City will not provide a permit to a wireless provider until the wireless provider and City have first entered into a master license agreement, and, if required, a franchise agreement.

C. Exceptions To Permitting: Unless the work requires the closing of sidewalks or vehicular lanes in the public right-of-way, an application for a permit is not required for:

1. Routine maintenance of a small wireless facility or support structures for a small wireless facility;

2. The replacement of one small wireless facility with another small wireless facility of substantially similar or smaller size;

3. The installation, placement, operation or maintenance of a micro wireless facility that is strung on a cable between two (2) existing utility poles in compliance with the National Electrical Safety Code; or

4. Non-substantial modifications.

D. Notice: A wireless provider shall give notice to the City of an activity described in subsection C of this section at least five (5) business days prior to conducting the activity.

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

7-19-5: DESIGN STANDARDS APPLICABLE TO ALL SMALL WIRELESS FACILITIES:

A. Integrated Design Consideration: Small wireless facilities, including equipment associated with the small wireless facility, shall be integrated into the stand-alone pole, utility pole or authority pole where possible and generally shall be installed in a manner minimizing the visual impact. Whether the small wireless facility is collocated or is placed on its own pole:

1. Small wireless facilities should not be readily noticed;

2. All equipment, including electric meters, should be located on or within the pole unless prohibited by the owner of the pole, in which case an alternative power meter box must be approved by the Engineering Department;

3. A small wireless facility and associated equipment located on the exterior of a pole shall be enclosed in a shroud or enclosure painted to match the existing pole color;

4. All small wireless facilities shall be constructed out of or finished with non-reflective materials (visible exterior surfaces only);

5. For metal poles:

a. Cable runs should be inside of the pole to the maximum extent practicable;

b. Equipment associated with the small wireless facility should, where practicable, be enclosed at the base of the wireless support structure in a space not more than twenty four inches (24") in diameter and not more than five feet eight inches (5'8") in height; and

c. Poles used for collocation shall be designed to separate different pole users, such as through dual chamber or tri-chamber design;

6. If equipment cannot be installed inside of the pole, pole attachments within fifteen feet (15') of ground level shall be positioned on the side of the pole facing away from approaching traffic in the travel lane closest to the pole, provided that if the equipment would extend over a sidewalk or road surface, the equipment shall be positioned in a way to avoid such encroachment;

7. Wireless facility equipment on the outside of a utility pole shall be placed at least eight feet (8') above the public way, unless otherwise permitted by City;

8. Shall not be lighted or marked unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or other applicable governmental authority; and

9. Signs located at the small wireless facility shall be limited to ownership and contact information, FCC antenna registration number (if required) and any other information as required by applicable governmental authority. Commercial advertising is strictly prohibited.

B. Antennae:

1. Each individual antenna shall be located entirely within a shroud enclosure of not more than three (3) cubic feet in volume. All antennas associated with the small wireless facility shall not exceed a combined space of six (6) cubic feet.

2. The diameter of the antenna or antenna enclosure should generally not exceed the diameter of the top of the wireless support structure pole, and to the maximum extent practical, should appear as a seamless vertical extension of the pole.

3. In no case shall the maximum diameter of the shroud be wider than one and one-half (11/2) times the diameter of the top of the pole.

4. Where maximum shroud diameter exceeds diameter of the top of the pole, the shroud shall be tapered to meet the top of the pole.

5. Unless technologically infeasible or otherwise appropriate based on neighborhood context, all antennas shall be mounted to the top of the wireless support structure pole, aligned with the centerline of the structure.

6. Antennas shall be generally cylindrical in shape.

7. Antenna shall be completely housed within a cylindrical shroud that is capable of accepting paint to match the wireless support structure.

C. Height Limitations: Except for small wireless facilities on a residential street:

1. The height of a structure used for collocation of a small wireless facility, including the wireless facility, measured at the base of the structure shall not exceed the lesser of:

a. The minimum height needed for the operation of the wireless facility; or

b. For a new or modified utility pole or authority pole, fifty feet (50') above ground level together with the minimum antenna height necessary for one antenna contained within any approved concealment feature.

2. A utility pole existing on or before September 1, 2018 that is used for the collocation of a small wireless facility may, on only one occasion, be increased by up to ten feet (10') to allow for the attachment of the small cell wireless antenna together with any approved concealment feature.

3. A stand-alone pole shall not exceed thirty feet (30') in height. Including any antenna.

D. Cabinets; Vaults: If a ground mounted or buried equipment cabinet is proposed, the cabinet or vault:

1. May be placed above ground in a landscaped park strip or, if there is no landscaped park strip it shall be placed underground;

2. Shall meet the same separation standards as required for a new utility pole from trees and drive approaches; and

3. For an above ground cabinet:

a. Shall be secured to a concrete foundation or slab with a breakaway design in the event of collisions; and

b. Shall not exceed three feet (3') in height, unless special conditions exist that would result in the cabinet encroaching into the sidewalk or to within two feet (2') of the curb.

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

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