Loading...
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)
A. Applications for the installation or collocation of a small wireless facility shall be filed with the City Engineer on a form or forms to be furnished by the City Engineer.
B. All applications shall contain the following:
1. The application form shall be signed by the applicant or its authorized representative;
2. The name, address, telephone, facsimile number, and email address of the applicant. Where an applicant is not the owner of the utility pole to be installed, maintained or repaired in the public way, the application also shall include the name, address, telephone, facsimile number and email address of the owner;
3. A description of the location, purpose, method of the proposed work, and surface and subsurface area to be affected;
4. A plan showing the dimensions of any excavation and the facilities to be installed, maintained, or repaired in connection with the work, and such other details as the City Engineer may require;
5. Construction drawings which demonstrate the application meets the minimum requirements of this chapter, including:
a. A scaled site plan, rendering or photo simulation, scaled elevation view and other supporting drawings and calculations, showing the location and dimension of all improvements; and
b. Sufficient information to determine compliance with the standards and requirements of this chapter, specifically including information concerning structure height and location within the right-of-way, compliance with the City's intersection and driveway sight distance standards, and compliance with the ADA;
6. The appropriate application fee as set forth in subsection 7-19-12B of this chapter;
7. An affidavit or attestation that the applicant or, if the applicant does not provide wireless services, a wireless service provider will provide wireless service using the small wireless facility and that the installation or collocation of the small wireless facility shall be completed within two hundred seventy (270) days after the day on which the City issues a right-of-way permit except in the case that:
a. The City and the applicant agree to extend the two hundred seventy (270) day period; or
b. Lack of commercial power or communications transport infrastructure to the site delays completion;
8. If the applicant does not provide wireless service to an end user associated with the small wireless facility or facilities to be installed, maintained, or repaired, the applicant must demonstrate in a form and manner specified by the City Engineer that the applicant is authorized to act on behalf of a wireless service provider;
9. An affidavit or attestation that each proposed small wireless facility, pole, and associated equipment is eligible for an exemption from environmental or historical assessment under 47 CFR 1.1312(e) or, if not exempt, evidence of compliance with such required assessment;
10. An affidavit or attestation from a Utah licensed engineer that the proposed wireless facility will be in compliance with the radio frequency emissions limits established by the FCC;
11. The proposed start date of work;
12. The proposed duration of the work, which shall include the duration of the restoration of the right-of-way physically disturbed by the work;
13. Written certification that all material to be used in the work and restoration of the right-of-way, will be on hand and ready for use so as not to delay the work and the prompt restoration of the public way;
14. For an application that proposes collocation of the small wireless facility:
a. An industry-standard pole load analysis indicating that the structure on which the wireless facilities will be mounted will safely support the load;
b. Evidence that the applicant has permission to collocate the proposed small wireless facility on the pole; and
c. If a small wireless facility cannot be safely installed on the respective structure, the applicant shall either replace the structure with a compliant structure of the same type, or propose a new location;
15. For an application that proposes use of a decorative pole or placement of a small wireless facility in a design district or historic district, a copy or other documentation that the applicant has complied with section 7-19-8 of this chapter;
16. Written certification that the applicant and the wireless service provider are in compliance with all terms and conditions of this chapter, the orders, and all applicable rules and regulations of the City Engineer, and that the applicant and owner are not subject to any outstanding assessments, fees or penalties that have been finally determined by the City;
17. Evidence of insurance as required by either section 7-5-13 of this title or the applicable agreement with the City;
18. Certification of the applicant and owner's financial ability to compensate the City for the use of the public way during the term of the respective franchise agreement or master license agreement;
19. Any other information that may reasonably be required by the City Engineer.
C. After an application has been approved, the applicant shall obtain any required permits, including right-of-way, excavation or electrical permits, prior to commencing installation or construction of the small wireless facility.
(Ord. 2018-27, 8-28-2018)
A. City shall review a complete application, including a consolidated application of up to twenty five (25) small wireless facilities, and approve or deny the application within the time frames and subject to the standards contained in Utah Code Annotated section 54-21-302(3) through (9).
B. City is a category one authority for purposes of determining the total number of small wireless facility applications allowed on a monthly basis under Utah law.
C. If construction of an approved small wireless facility is not complete within two hundred seventy (270) days after an application has been approved, the approval shall lapse and a new application will be required for the designated location.
(Ord. 2018-27, 8-28-2018)
A. Right To Use And Occupy: Unless a wireless provider is subject to the Municipal Telecommunications License Tax under title 10, chapter 1, part 4 Utah Code Annotated, for the right to use and occupy the right-of-way:
1. The wireless provider shall pay to the City an annual fee equal to the greater of:
a. 3.5 percent of all annual gross revenue related to the wireless provider's use of the right-of-way within the City; or
b. Two hundred fifty dollars ($250.00) annually for each small wireless facility located in the City.
2. The annual fee, together with the fee described in subsection C of this section, shall be paid on or before December 31, with the fee for any new small wireless facility installed in the prior year pro-rated by the number of months after the facility has been approved. Upon written request by City to the wireless provider, payments shall be made on a monthly basis.
3. Annually, on or before December 31, a person required to make a payment under subsection A1 of this section shall provide City with gross revenue upon which payments are calculated and a description, of reasonable specificity, of the small wireless facilities which have generated the revenue upon which the payment is based.
a. Such report shall include such information related to such payment as the City may reasonably request.
b. The records pertaining to the reports and payment required by this chapter, including but not limited to any records deemed necessary or useful by the City to calculate or confirm gross revenue, and all other records of the wireless provider reasonably required by City to assure compliance by the wireless provider with the terms of this chapter shall be open to inspection by the City and its duly authorized representatives upon reasonable notice at all reasonable business hours of the wireless provider.
B. Application Fee: With each application to locate a small wireless facility within the City, an applicant shall pay an application fee of:
1. Collocation: One hundred dollars ($100.00) per small wireless facility on the same application where the application requests collocation of the facility; or
2. Stand-Alone Pole: Two hundred fifty dollars ($250.00) per small wireless facility on the same application where the application requests the installation, modification or replacement of a stand-alone pole associated with the facility.
C. Annual Fee: The wireless provider shall pay the City an annual fee for each collocation on a City pole in the amount of fifty dollars ($50.00) per pole.
D. Other Fees: A wireless provider or applicant shall pay all other applicable fees established by City, specifically including but not limited to electrical permit fees and right-of-way permit fees prior to installing an approved small wireless facility in the right-of-way.
(Ord. 2018-27, 8-28-2018)
A. If a wireless provider's activity disrupts or causes damage to a right-of-way, the wireless provider shall restore or repair the right-of-way to substantially the same condition as before the disruption or damage and in accordance with City's engineering standards.
B. If a wireless provider fails to make a repair required by the City under subsection A of this section within a reasonable time after written notice, the City may:
1. Make the required repair; and
2. Charge the wireless provider the reasonable, documented, actual cost for the repair.
C. If the damage described in subsection A of this section causes an urgent safety hazard, the City may:
1. Immediately make the necessary repair; and
2. Charge the wireless provider the reasonable, documented, actual cost for the repair.
(Ord. 2018-27, 8-28-2018)
A. Abandoned System: In the event that: 1) the use of any portion of a small wireless facility is discontinued for a continuous period of twelve (12) months, and thirty (30) days after no response to written notice from the City to the last known address of the wireless provider; 2) the term of the applicable master license agreement has expired; or 3) any small wireless facility has been installed in the rights-of-way without complying with the requirements of this chapter or master license agreement; a wireless provider shall be deemed to have abandoned such small wireless facility.
B. Removal Of Abandoned Facility: The City, upon such terms as it may impose, may give a wireless provider written permission to abandon, without removing, any small wireless facility, or portion thereof, directly constructed, operated or maintained under a master license agreement. Unless such permission is granted or unless otherwise provided in this chapter, a wireless provider shall remove within a reasonable time the abandoned small wireless facility and shall restore, using prudent construction standards, any affected rights-of-way to their former state at the time such system was installed and in accordance with the then adopted engineering standards, so as not to impair their usefulness. In removing its facilities and equipment, a wireless provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights- of-way in as good condition as that prevailing prior to such removal without materially interfering with any authority pole or other utility wires, poles or attachments. The City shall have the right to inspect and approve the condition of the rights-of- way, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a master license agreement shall continue in full force and effect during the period of removal and until full compliance by a wireless provider with the terms and conditions of this section.
C. Transfer Of Abandoned Facility To City: Upon abandonment of any small wireless facility or wireless support structure in place, a wireless provider, if required by the City, shall submit to the City a written instrument, satisfactory in form to the City, transferring to the City the ownership of such poles or equipment allowed to remain within the right-of-way.
D. Removal Of Above-Ground System: At the expiration of the term for which a master license agreement is granted, or upon its revocation or earlier expiration, in any such case without renewal, extension or transfer, the City shall have the right to require a provider to remove, at its expense, all above-ground portions of small wireless facilities within a reasonable period of time, which shall not be less than one hundred eighty (180) days.
E. Leaving Underground System: Upon written approval by City, a wireless provider may abandon underground portions of a small wireless facility in place so long as it does not materially interfere with the use of the rights-of-way or with the use thereof by any public utility, cable operator or other person.
F. Provider Defaults: If a wireless provider defaults under any provision of this chapter and such default is not cured within thirty (30) days following notice by City to wireless provider of its default, City shall maintain all its rights and remedies, at law and in equity, including the ability to charge fines, recover fees and costs. In the alternative, the City may remove the small wireless facilities and associated equipment and charge the reasonable, documented, actual cost to the wireless provider.
(Ord. 2018-27, 8-28-2018)
Loading...