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(A) Approval process. Small wireless facilities in the right-of-way may be approved through administrative review if the following requirements are met:
(1) A complete application is submitted, all fees are paid, and a permit is obtained by the applicant or provider;
(2) Each new, modified, or replacement pole, tower, or structure installed in the right-of-way shall not exceed the height limits of the respective zoning district. If a height limit is exceeded, then either a conditional use permit or special use permit is required; and
(3) The applicant complies with all of the other requirements of this chapter.
(B) Design standards. Subject to division (A)(2) above, all poles and small wireless facilities may be approved through administrative review if the following design standards and recommended design guidelines (if adopted) are met by the applicant:
(1) Height, shape, design, and color for poles and related equipment;
(2) Number, location, and styles of poles that may be installed or used;
(3) Aesthetic approach for different types of poles and related equipment;
(4) Construction approach per wireless communication facility, including powering and metering;
(5) Structural integrity;
(6) Setbacks for poles and ground-mounted equipment;
(7) Ground-mounted equipment for small wireless facilities may be used only to house equipment in support of the operation of the facilities;
(8) Lighting, marking, and noise requirements;
(9) Fencing/landscaping/screening/signage requirements;
(10) Collocation analysis;
(11) Use of decorative poles, where necessary; and
(12) A written report will be prepared, signed, and sealed by a state licensed professional engineer or a qualified employee of the applicant, which assesses whether the proposed small wireless facility demonstrates compliance with the radio frequency (“RF”) emissions limits established by the FCC. The qualified employee of the applicant shall submit his or her qualifications with the report.
(C) Design guidelines. The governing body may approve by resolution additional recommended design guidelines. Further changes to those recommended design guidelines are subject to the discretion of the city.
(Ord. 708, passed 12-2-2020)
(A) Lighting. Towers may not be artificially lighted, unless required by public safety, the FAA, or applicable city regulation.
(B) State or federal requirements. All towers and antennas must meet current standards and regulations of the FAA, FCC, and any other agency of the local, state, or federal government with authority to regulate towers and antennas.
(C) Building codes. To ensure the structural integrity of poles and towers, the owner of a pole or tower shall ensure that the pole or tower is maintained in compliance with industry standards and applicable state and local building code standards.
(D) Public notice. For purposes of this chapter, any application for a small wireless facility or pole, variance, exception, or appeal of a request for a permit requires public notice to all adjoining property owners and all owners of surrounding properties as may be required by the city.
(E) Equipment cabinets. The equipment cabinets shall comply with all applicable building codes and zoning requirements.
(F) Site plan. A site plan is required. A scaled site plan shall clearly indicate the location, type, height, and width of the proposed pole, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, photo simulations, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed pole and any other structures, topography, utility runs, and other information deemed necessary to assess compliance with this chapter
(G) Inventory of existing sites. Not more than one time per year, each applicant owning a macro cell tower shall provide to the city an inventory of the wireless provider’s existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the location and tower height. The city may share such information with other applicants applying for administrative review or other permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(H) Color. To the extent feasible, the antennas shall be placed and colored to blend into the architectural detail and coloring of the host structure. Towers and antennas shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues, greens, dark bronze, browns, or other site-specific colors may be appropriate; however, each case shall be evaluated individually.
(I) Signs. No facilities may bear any signage other than that required by law or expressly permitted or required by the city.
(J) Visual impact. All small wireless facilities in residential districts, historic, and downtown districts shall be sited and designed with stealth features to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the wireless communication facilities. Such wireless communication facilities and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Such wireless communication facilities shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the built environment or be consistent with other uses and improvements permitted in the relevant zone.
(K) Obstruction. Any new pole or support structure or equipment associated with small wireless facilities shall not obstruct access to:
(1) Any existing above-ground or underground right-of-way user facilities or public facilities;
(2) Any public infrastructure for traffic-control, street light, or public transportation purposes including, without limitation, any vehicular traffic sign or signal or pedestrian traffic sign or signal;
(3) Any public transportation street furniture or other improvements at any public transportation stop;
(4) Fire hydrants; or
(5) Any doors, gates, or other ingress and egress points to any building appurtenant to the right-of-way.
(L) Placement and notice.
(1) All pole-mounted transmission equipment shall be mounted as close as technically possible to the pole so as to reduce the overall visual profile to the extent feasible subject to applicable safety codes.
(2) Prior to the installation or construction of a small wireless facility within the right-of-way or utility easement, the wireless provider must notify all utilities located within such right-of-way or utility easement regarding its proposed use of the right-of-way or utility easement.
(M) Accessory equipment. All accessory equipment located at the base of a pole or tower shall be placed (at the provider’s choice) underground, or in an equipment cabinet that is designed to blend in with existing surroundings, using architecturally compatible construction and colors; and be located so as to be unobtrusive as possible consistent with the proper functioning of the wireless communication facilities.
(N) Site design flexibility. Individual sites vary in the location of adjacent buildings, existing trees, topography, and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the wireless communication facilities and supporting equipment may be installed so as to best camouflage, disguise, or conceal them, to make the wireless communication facilities more closely compatible with and blend into the setting or host structure, upon approval by the city.
(O) New poles. To the extent technically feasible, new poles must be designed to match the existing light fixtures and other poles, and they shall serve a dual purpose (for example, a new light fixture, flag pole or banner clips).
(P) Maps and as-builts. The wireless provider shall furnish to the city paper and electronic maps showing the location of its equipment in the right-of-way and as-builts after construction is completed.
(Ord. 708, passed 12-2-2020) Penalty, see § 152.99
(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
(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)
(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)
(A) Within 30 days following written notice from the city, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter the position of any of its wireless communication facilities within the right-of-way, including relocation of above-ground wireless communication facilities underground (consistent with the provisions of this chapter), whenever the city has determined, in its sole discretion, that such removal, relocation, change, or alteration is necessary for the construction, repair, maintenance, or installation of any city improvement, the operations of the city in, under, or upon the right-of-way, or otherwise is in the public interest. The wireless provider shall be responsible to the city for any damages the city may incur as a result of the provider’s failure to remove or relocate its wireless communication facilities.
(B) The city retains the right and privilege to cut or move any wireless communication facility located within the right-of-way of the city, as the city may determine, in its sole discretion, to be necessary, appropriate, or useful in response to any public emergency. If circumstances permit, the city shall notify the wireless provider and give the provider an opportunity to move its own facilities prior to cutting or removing the wireless communication facilities. In all cases, the city shall notify the wireless provider after cutting or removing the wireless communication facility as promptly as reasonably possible.
(C) A wireless provider shall notify the city of abandonment of any wireless communication facility at the time the decision to abandon is made; however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the wireless provider shall remove its wireless communication facility at the provider’s own expense, unless the city determines, in its sole discretion, that the wireless communication facility may be abandoned in place. The wireless provider shall remain solely responsible and liable for all of its wireless communication facilities until they are removed from the right-of-way unless the city agrees in writing to take ownership of the abandoned wireless communication facilities.
(D) If the wireless provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter any of its wireless communication facilities or remove any of its abandoned wireless communication facilities as required in this division (D), the city or its contractor may do so and the provider shall pay all costs and expenses related to such work, including any damages the city incurs arising from the delay and attorneys’ fees and expenses.
(Ord. 708, passed 12-2-2020)
The applicant and wireless provider shall defend, indemnify, and hold harmless the city, its agents, officers, officials, and employees from any and all damages, liabilities, injuries, losses, attorneys’ fees, costs, and expenses, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the applicant or wireless provider. In the event the city becomes aware of any actions or claims, the city shall promptly notify the applicant and wireless provider and reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the applicant and the wireless provider, as applicable, shall reimburse the city for any costs, expenses, and attorneys’ fees directly and necessarily incurred by the city in the course of the defense.
(Ord. 708, passed 12-2-2020)
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