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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)
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)
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)
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)
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)
Collocated small wireless facilities shall, in addition to the requirements of section 7-19-5 of this chapter, meet the following design standards:
A. To the maximum extent practicable, all small cell facilities, associated equipment and cabling shall be completely concealed from view within an enclosure.
B. Where equipment cannot reasonably be incorporated into the base of the authority pole in accordance with subsection 7-19-5A5 of this chapter, it may be installed within:
1. An equipment enclosure mounted to the authority pole; or
2. A ground-mounted cabinet physically independent from the authority pole.
C. Equipment enclosures mounted to an authority pole:
1. Protrusion: Shall not protrude more than eighteen inches (18") beyond the face of the pole to the outermost portion of the enclosure.
2. Installation: Should be installed as flush to the pole as practical. In no case shall an enclosure be installed more than four inches (4") from the wireless support structure pole.
3. Multiple Enclosures: Where multiple enclosures are proposed on a wireless support structure pole, the enclosures shall be grouped as closely together as possible on the same side of the pole.
4. Enclosure Size: Small wireless facility equipment enclosures should be the smallest size practicable to house the necessary facilities and equipment.
5. Enclosure Shape: Small wireless facility equipment enclosures shall be cylindrical or rectangular in shape, and should generally be no wider than the maximum outside diameter of the pole to which it is attached, to the maximum extent possible.
6. Attachment: The shroud enclosure shall be securely strapped to the wireless support structure pole using stainless steel banding straps. Through-bolting or use of lag bolts on publicly-owned wireless support structures is prohibited.
(Ord. 2018-27, 8-28-2018)
If an applicant proposes to install a new stand-alone utility pole in connection with a small wireless facility, the pole and facilities shall, in addition to the requirements of section 7-19-5 of this chapter, meet the following design standards:
A. Design of the pole shall be cylindrical and shall match the aesthetics of existing streetlight poles and streetlights installed adjacent to the pole.
B. Together with the small wireless facility components shall be sized to be visually pleasing.
1. For a pole to be considered visually pleasing, the transition between the equipment cabinet and upper pole should be considered;
2. The equipment associated with the small wireless facility shall be enclosed at the base of the wireless support structure in a space described in subsection 7-19-5A5 of this chapter, provided that if a separate equipment cabinet or vault not exceeding twenty eight (28) cubic feet in size may be used if the equipment cannot reasonably be contained in the space allowed;
3. A decorative transition shall be installed over the equipment cabinet upper bolts, or decorative base cover shall be installed to match the equipment cabinet size and shall taper between different pole diameters, with no horizontal or flat spaces greater than 1.5 inches;
4. The upper pole shall be scaled to 0.5 to 0.75 the size of the equipment cabinet, with a ten inch (10") minimum outer diameter at the widest portion of the pole;
5. All hardware connections shall be hidden from view;
6. No horizontal flat spaces greater than 1.5 inches shall exist on the equipment cabinet to prevent cups, trash, and other objects from being placed on the equipment cabinet;
7. Each pole component shall be architecturally compatible to create a cohesive aesthetic; and
8. The pole shall be made of steel and shall be powder coated black.
C. Shall not be located within one hundred feet (100') of the apron of a fire station or other adjacent emergency service facility.
D. Shall be placed in alignment with existing trees, utility poles, and streetlights.
E. Shall be located such that it in no way impedes, obstructs, or hinders the usual pedestrian or vehicular travel, affect public safety, obstruct the legal access to or use of the public ROW, violate applicable law, violate or conflict with public ROW design standards, specifications, or design district requirements, violate the Federal Americans With Disabilities Act of 1990, or in any way create a risk to public health, safety, or welfare.
F. Shall be located at intersecting property lines as much as possible.
G. Whenever possible, shall be located on the secondary street.
H. Shall be located a minimum of fifteen feet (15') away from trees or outside of the tree drip line, whichever is greater, to prevent disturbance within the critical root zone of any tree.
I. Shall be located at least five feet (5') away from the widest part of an alley or drive approach, including any flare associated with the approach.
J. Shall not be installed between the perpendicular extension of the primary street-facing wall plane of any single or two-family residence and the street.
K. When located adjacent to a commercial establishment, such as a shop or restaurant, care should be taken to locate the pole such that it does not negatively impact the business.
1. Shall not be located in-front of store front windows, primary walkways, primary entrances or exits, or in such a way that it would impede a delivery to the building.
2. Should be located between properties as much as possible.
(Ord. 2018-27, 8-28-2018)
Small wireless facilities located on decorative poles or in a historic or design district shall, in addition to any other requirements of this chapter, meet the following design standards:
A. Decorative Poles: If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced decorative pole as approved by the Planning Manager. A replacement pole does not reasonably conform to the design aesthetic if it extends the current pole height by more than twenty five percent (25%).
B. Historic And Design Districts: Within a historic district or design district:
1. A wireless provider shall participate in a pre-application meeting with the City's planning staff and obtain design approval from the City before collocating a new small wireless facility or installing a new utility pole in an area that is zoned or otherwise designated as a historic district or a design district.
2. City's preference in historic and design districts is for small wireless facilities to be located on traffic signal poles at intersections.
3. The City may, require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure, unless the facility is excluded from evaluation for effects on historic properties under 47 CFR section 1.1307(a)(4).
4. All small wireless facilities shall, to the extent possible, use design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the small wireless facilities to the surrounding natural setting and built environment. Design, materials and colors of small wireless facilities shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located in the right- of-way and on adjacent parcels.
5. Should the Planning Manager determine that such design meets the intent of this Code and the community is better served thereby, the design shall include the use of camouflage measures such as man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and conceals the presence of antennas or poles so as to make them architecturally compatible with the surrounding area pursuant to this chapter.
6. A design or concealment measure described in subsection B2 of this section may not:
a. Have the effect of prohibiting a provider's technology; or
b. Be considered a part of the small wireless facility for purposes of the size parameters in the definition of a small wireless facility.
(Ord. 2018-27, 8-28-2018)
A. A wireless provider will place newly constructed lines and cables underground whenever practicable when building in:
1. New residential subdivision areas where other utilities have been placed underground;
2. Within downtown zones (C-MU, C-ENT, H25, C-9, R-MFV, and R-MFH); and
3. Within areas where other utilities have been located underground.
B. A wireless provider shall locate wires, cables, or other facilities that are not required to be above ground underground.
C. Any request by a wireless provider for location of any overhead or aerial facilities (other than the antennas or other facilities required to remain above ground in order to be functional) shall be considered by City in accordance with applicable rules and regulations.
(Ord. 2018-27, 8-28-2018; amd. Ord. 2023-16, 4-11-2023)
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