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§ 152.24 ATTACHMENT TO AND REPLACEMENT OF DECORATIVE POLES.
   (A)   Notwithstanding anything to the contrary in this chapter, an applicant may not install a small wireless facility on a decorative pole, or replace a decorative pole with a new decorative pole unless the city has determined, in its sole discretion, that each of the following conditions has been met:
      (1)   The application qualifies for issuance of a permit; and
      (2)   The attachments and replacement pole are in keeping with the aesthetics of the decorative pole.
   (B)   An applicant may not install a small wireless facility on a decorative pole, replace a decorative pole with a new decorative pole, or install new above-ground facilities in the Historic District unless the city has determined, in its sole discretion, that each of the following conditions has also been met:
      (1)   The application qualifies for issuance of a permit; and
      (2)   The attachment and replacement pole are in keeping with the aesthetics and character of the decorative pole and Historic District.
(Ord. 708, passed 12-2-2020) Penalty, see § 152.99
§ 152.25 GENERAL WORK REQUIREMENTS.
   (A)   General safety and compliance with laws. The permittee shall employ due care during the installation, maintenance, or any other work in the right-of way, and shall comply with all safety and construction requirements of applicable laws, city guidelines, standards and practices, and any additional commonly accepted safety standards.
   (B)   Traffic-control. Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic-control devices, signs, and lights to protect, warn, and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be as described within a traffic-control plan. The permittee shall maintain all barriers and other traffic-control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the city.
   (C)   Non-interference. The permittee shall not interfere with any existing facilities or structures in the right-of-way, and shall locate its lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abut any right-of-way.
   (D)   Utility locates. Before beginning any excavation in the right-of way, the permittee shall comply with the Nebraska One Call Notification System Act, being Neb. RS 76-2301 to 76-2332.
   (E)   Compliance with permit.
      (1)   All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The city and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. All work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this chapter, shall be removed at the sole expense of the permittee. The city may stop work in order to assure compliance with the provisions of this chapter.
      (2)   In addition to obtaining a permit for installation of a small wireless facility or pole, an applicant must obtain all other required approvals from the city.
(Ord. 708, passed 12-2-2020)
§ 152.26 LOCATION OF NEW FACILITIES.
   (A)   The wireless provider shall not locate or maintain its wireless communication facilities so as to interfere with the use of the right-of-way by the city, by the general public, or by other persons authorized to use or be present in or upon the right-of-way.
   (B)   Whenever any existing electric utilities, natural gas, water or sewer lines (or other public improvements), and communications facilities are located underground within a right-of way, the wireless provider with permission to occupy the same portion of the right-of-way shall locate its wireless communication facilities underground at its own expense where technically feasible. The city may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals, and similar equipment. For facilities or equipment, such as small wireless facilities that cannot, by their nature, operate unless located above-ground, the wireless provider and city shall work to find a suitable location for such facilities or equipment.
   (C)   In performing any work in or affecting the right-of-way, the wireless provider, and any agent or contractor of the provider, shall comply with the provisions of this chapter and all other applicable laws.
   (D)   (1)   The wireless provider, or its agent or contractor, shall restore, repair, and replace any portion of the right-of-way that is damaged or disturbed by the provider’s wireless communication facilities or work in or adjacent to the right-of-way as required in this chapter and all other applicable laws.
      (2)   If the wireless provider fails to timely restore, repair, or replace the right-of-way as required in this division (D)(2), the city or its contractor may do so and the provider shall pay the city’s costs and expenses in completing the restoration, repair, or replacement including attorneys’ fees and expenses.
(Ord. 708, passed 12-2-2020)
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