A. State or Federal Requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. If, at any time, the state or federal standards are modified, then applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of city permit and require removal of the small cell facility at the service provider's expense.
B. Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the city, and shall ensure that the facilities are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of city permit and required removal of the small cell facility at the owner's expense.
C. Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with FCC Standards, including any cumulative standards. Such information shall be submitted with permit application materials under Section 17.77.060, as well as annually thereafter if requested by the city.
D. Operation and Maintenance Standards. All small cell wireless facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this chapter.
1. Except as provided in subsection D-2 below, an applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.
2. Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and promptly be provided to the city.
3. Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of receipt of city notice.
4. Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with Chapter 8.35 entitled "Noise" of the Municipal Code.
a. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.
b. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter 8.35 of the Municipal Code.
5. Each facility shall install the following security measures:
a. An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single "kill switch" shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.
b. Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards, described in Section 17.77.050, and nuisance regulations, and must not interfere with city emergency services or transmission.
6. Each facility shall be relocated at applicant's sole cost, upon demand by city with reasonable notice, to allow for public projects, services or improvements.
7. Applicant shall, at its sole cost, be responsible for repairing to city standard specifications or replacing in-kind any city facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to the following:
a. curb, gutter, sidewalk, storm drains, and pavements; and
b. landscaping; and
c. structures, buildings, light poles and fixtures.
E. Electrical Metering and Structural Standards. All small cell wireless facilities shall comply with the following requirements:
1. All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing city projects or facilities.
2. All existing city-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent city structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.
a. Applicants requesting to install a small cell wireless facility on city- owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such city standards.
b. If the city-owned street light pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the city's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrification of the new installation with the utility provider, including independent metering of electrical power required for applicant's installations as provided in the preceding subsection 17.77.040.D. Upon installation, the new pole shall become the property of the city. (Ord. 2019-03 § 7, 2019)