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A. Standard of care.
(1) All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF Applicant and provided to the City.
(2) If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six (6) months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for the removal of the WCF at the owner's expense.
(3) The WCF applicant shall submit proof of compliance with all applicable federal and state standards, including but not limited to those established by the Federal Communications Commission, as part of any complete WCF application.
B. Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania and certifying compliance with all local, state and federal laws and regulations applicable to the proposed WCF.
C. Eligible facilities requests. WCF applicants proposing a modification to an existing WCF shall be required only to obtain all necessary permits of general applicability from the City. In order to be considered for such permits, the WCF applicant must submit permit applications to the City in accordance with the requirements of the City Code. Such permit applications shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR § 1.6100. The permit applications shall detail all dimensional changes being made to the WCF and wireless support structure.
D. Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
E. Non-conforming wireless support structures. WCFs shall be permitted to collocate upon existing non-conforming wireless support structures. Collocation of WCFs upon existing wireless support structures is encouraged even if the existing wireless support structure is non-conforming as to use within a zoning district.
F. Signs. All WCFs shall post a sign in a readily visible location on each major equipment component identifying the name and phone number of a party to contact in the event of an emergency. The size and design of such signage shall be approved by the City. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
G. Inspections; reports. Inspection reports shall be submitted to the City by the owner of a WCF upon request to ensure structural integrity and compliance with applicable federal, state and local codes and regulations.
H. Permit fees. The City may assess appropriate and reasonable permit fees directly related to the City's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the City fee schedule.
I. Performance bond. The owner of a WCF obtain a performance bond in an amount sufficient to guarantee removal of the WCF. Evidence of such performance bond shall be provided to the City as part of a complete WCF application.
J. Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
K. Non-commercial usage exemption. City residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this Part.
L. Historic buildings. No tower-based WCF or non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic or conservation districts list maintained by the City. Small WCFs shall be permitted in the public rights-of-way in such districts subject to the requirements of this Part 21 and the City's Small WCF Design Manual.
M. Change in ownership. If ownership of a WCF is transferred to a party other than the party designated as the owner on the application for the WCF, notice detailing the change in ownership shall be provided to the City within thirty (30) days of such change in ownership.
N. Abandonment; removal. In the event that use of a WCF and/or its dedicated accessory equipment is to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. A WCF and/or dedicated accessory equipment not operated for a period of twelve (12) months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
(1) All abandoned or unused WCFs and accessory equipment shall be removed within ninety (90) days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the City, unless a time extension is approved by the City.
(2) If the WCF or accessory equipment is not removed within ninety (90) days of the cessation of operations at a site, or within any longer period approved by the City, the WCF and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
(3) The City reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the City in taking action shall not invalidate the City's right to take action.
(4) Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of twelve (12) months.
O. Maintenance. The following maintenance requirements shall apply:
(1) All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
(2) Such maintenance shall be performed by the owner of the WCF to ensure the upkeep of the WCF in order to promote the safety and security of the City's residents and in accordance with all applicable City, state and federal regulations.
(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. Maintenance logs will be provided to the City upon request.
P. Timing of Approval. The following table details the applicable timeframe of approval for each type of WCF application:
Type of WCF/Application | Notice of Incompleteness | Final Decision |
Eligible Facilities Request | 30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices. | 60 total calendar days from receipt of initial application |
Small WCF (Collocated) | 10 business days from receipt of initial or supplemental application. | 60 total calendar days from receipt of initial application. |
Small WCF (New or Replacement Wireless Support Structure | 10 business days from receipt of initial or supplemental application. | 90 total calendar days from receipt of initial application. |
Non-Tower WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices. | 90 total calendar days from receipt of initial application. |
Tower-Based WCF | 30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices. | 150 total calendar days from receipt of initial application. |
A. The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a small WCF.
(1) Permitted in certain zones. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use in the following zoning districts:
(a) C-H Highway Commercial District.
(b) M-C Manufacturing Commercial District.
(c) H-M Heavy Manufacturing District.
(d) MU Municipal District.
(2) Conditional use required. Tower-based WCFs are permitted outside the public rights-of-way as a conditional use, subject to the requirements of this § 600-2103.
(a) Upon approval of an application for a tower-based WCF, the WCF applicant shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility if the application will be heard as a conditional use or a variance, not less than 30 days before the hearing or install is to commence. The WCF applicant shall then provide a copy of the notice and a list of the addresses notice was delivered to the City of Reading Zoning Administrator.
(b) Prior to the City Council's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the City Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed Tower-Based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
(c) The conditional use application shall include the name and contact information, including phone number, for both the WCF applicant and the owner of the proposed tower-based WCF.
(d) The conditional use application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
(e) The conditional use application shall include aerial photographs of the area within a 500' radius of the proposed tower-based WCF and identify all existing WCFs in that area.
(f) The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
(g) The conditional use application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the City Council's decision on an application for approval of tower-based WCF.
(h) Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the City Council that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
(i) The conditional use application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
(j) The conditional use application shall demonstrate that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the WCF applicant can show to the satisfaction of the City that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(k) The conditional use application shall include a report by a qualified engineering expert which shows that the tower-based WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
(l) The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this Part.
(3) Development regulations.
(a) Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district in § 600-800.
(b) Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[i] The existing use on the property may be any permitted use in the applicable district as per § 600-800, and need not be affiliated with the WCF.
(4) Design regulations.
(a) Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet; provided, however, that a tower-based WCF which existed prior to the approval of this part and pursuant to Part 21 of this chapter maybe extended beyond the height of 150 feet if not previously extended and such extension does not amount to a substantial change as per the definition of Substantial Change located in the Definitions § 600-2206. Tower-based WCF applicants must submit documentation to the City justifying the total height of the structure.
(b) Visual appearance and land use compatibility.
[i] Tower-based WCFs shall employ stealth technology which may include the wireless support structure being painted a certain color as approved by City Council or utilizing a galvanized finish.
[ii] All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
[iii] The City Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
(c) Anti-climbing device. If deemed necessary by the City Council, a tower- based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.
(d) Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.
(5) Surrounding environs.
(a) The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) The WCF applicant shall submit a soil report to City Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(6) Fence/screen.
(a) A security fence having a height not to exceed eight (8) feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as accessory equipment, guy wires, or any building housing accessory equipment.
(b) A WCF applicant for tower-based WCF where the WCF is more than 40 feet in height, located outside of the right-of-way, shall submit a landscaping and screening design including the following. The plan shall be approved by the Zoning Administrator in consultation with the Public Works Director:
[i] The WCF Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the wireless support structure shall be preserved to the extent practicable.
[ii] Ground mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Zoning Administrator and/or Public Works Director.
(7) Accessory equipment.
(a) To the extent permitted by federal and state law, ground-mounted equipment associated to, or connected with, a tower-based WCF shall be screened from public view using stealth technology approved by the Zoning Administrator, in consultation with the Public Works Director. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 12 inches of the face of the curb, or in an area in which there are no curbs, within two feet of the edge of cartway.
(b) All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(8) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the City Council with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this Part.
(9) FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(10) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the City Secretary.
(11) Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.
(12) Repair of non-conforming tower-based WCF. Non-conforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The collocation of antennas is permitted on non-conforming structures.
(13) Insurance. Each person that owns or operates a tower-based WCF shall provide the City Zoning Administrator with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
(14) Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the City Solicitor, in an amount of $10,000 to assure the removal of the tower-based WCF upon abandonment or cessation of use for a period of six months. The bond shall provide that the City may recover from the principal and surety any and all compensatory damages incurred by the City for violations of this Part, after reasonable notice and opportunity to cure. The owner shall file the bond with the City.
A. The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:
(1) Permitted in all districts. Non-tower WCFs shall be permitted outside the public rights-of-way in all zoning districts subject to the restrictions and conditions prescribed below and subject to the prior written approval of the City.
(2) Application procedures.
(a) Applications for non-tower WCFs shall be submitted to the City Zoning Administrator.
(b) All applications for non-tower WCFs shall include the following information:
[i] Upon submission of an application for any non-tower WCF, the WCF applicant shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed WCF and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed WCF if the application will be heard as a conditional use or a variance.
[ii] The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed non-tower WCF.
[iii] A site plan, drawn to scale, showing property boundaries, power location, total height of the non-tower WCF, the entirety of the structure upon which the non-tower WCF will be collocated, and accessory equipment locations.
[iv] A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the non-tower WCF.
[v] If the non-tower WCF is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.
[vi] The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the non-tower WCF.
[vii] An aerial photograph of the proposed site showing the area within 500 feet of the non-tower WCF. The aerial photograph shall identify all structures within such radius.
[viii] Photo simulations depicting the non-tower WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the non-tower WCF.
[ix] A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed non-tower WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
[x] A report by a qualified engineering expert which shows that the non-tower WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
[xi] A certificate of insurance as required by § 600-2103A.(9).
[xii] Certification of the application's compliance with all requirements of this § 600-2103.
[xiii] All application fees required by the City as detailed in the City fee schedule.
(3) Development regulations.
(a) To the extent permitted by federal and state law, the total height of the wireless support structure and non-tower WCF shall not exceed a maximum height of 150 feet. Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use permit or variance.
(b) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the City showing that the proposed non-tower WCF is designed to be the minimum height technically feasible and justifying the total height of the non-tower WCF.
(c) If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(d) A security fence with a minimum height of six (6) feet shall surround any separate communications equipment building if such communications equipment building is located at ground level. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(4) Design.
(a) Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the City.
(b) Non-tower WCFs shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape.
(c) All non-tower WCF applicants must submit documentation to the City justifying the total height of the non-tower WCF structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(5) Prohibited on certain structures. No non-tower WCF shall be located on single- family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.
(6) Third party wireless support structures. Where the non-tower WCF is proposed for collocation on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Zoning Administrator that the owner of the wireless support structure has authorized collocation of the proposed non-tower WCF.
(7) Retention of experts. The City may hire any consultant(s) and/or expert(s) necessary to assist the City in reviewing and evaluating the application for approval of the WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the City for all costs of the City's consultant(s) in providing expert evaluation and consultation in connection with these activities. At the sole discretion of the City Zoning Administrator, the establishment of a professional services agreement may be required.
(8) Insurance. Each person that owns or operates a Non-Tower WCF shall annually provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Non-Tower WCF.
(9) Substantial Change. Any Substantial Change to a WCF shall require notice to be provided to the City Zoning Administrator, and possible supplemental permit approval as determined by the City Zoning Administrator in accordance with the City Code.
A. The following regulations shall apply to all tower-based wireless communications facilities that do not meet the definition of a small WCF.
(1) Application procedures.
(a) Small WCFs shall be a permitted use in the public rights-of-way in all City zoning districts, subject to the requirements of this § 600-2104 and generally applicable permitting as required by the City Code.
(b) Applications for small WCFs shall be submitted to the City Zoning Administrator.
(2) Applications for small WCFs shall include the following:
(a) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.
(b) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the City Code, signed by a representative of the WCF applicant.
(c) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.
[i] If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.
[ii] If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.
(d) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the Small WCF.
(e) An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.
(f) Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.
(g) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.
(h) A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radio frequency emissions.
(i) A certificate of insurance as required by § 600-2104A.(15).
(j) Certification of the application's compliance with all requirements of this § 600-2104.
(k) All application fees required by the City as detailed in the City fee schedule.
(3) Resubmission following denial.
(a) If the City denies an application for a small WCF, the City shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the City Code on which the denial was based, within five (5) business days of the denial.
(b) The WCF applicant may cure the deficiencies identified by the City and resubmit the application within thirty (30) days of receiving the written basis for the denial without being required to pay an additional application fee. The City shall approve or deny the revised application within thirty (30) days of the application being resubmitted for review.
(4) Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for collocated small WCFs in a 30-day period. If the City receives more than one consolidated application or 20 single applications within a 45-day period, the applicable timeframe under § 600-2102P. shall be extended by 15 days.
(5) Location and development standards.
(a) Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
(b) All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all City Code requirements applicable to streets and sidewalks.
(6) Time, place and manner. Once approved, the City shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(7) Attachment to municipal structures. The City shall allow the collocation of small WCFs to structures owned by the City in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the collocation of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that collocation on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the City's collocation preferences are as follows.
(a) Power poles;
(b) Traffic signage poles without traffic signals;
(c) Traffic signal poles;
(d) Decorative light poles.
(8) Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
(9) Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within ten (10) calendar days of notification by the City.
(10) Design standards. All small WCFs in the City shall comply with the requirements of the City Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the City Zoning Office.
(11) Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.
(12) Relocation or removal of facilities. Within ninety (90) days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
(b) The operations of the City or other governmental entity in the right-of-way;
(c) Vacation of a street or road or the release of a utility easement; or
(d) An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the City.
(13) Time limit for completion of construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the City and the WCF applicant agree in writing to extend the period.
(14) Reimbursement for ROW Use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the City's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the City's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the City. The owner of each small WCF shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
(15) Insurance. Each person that owns or operates a small WCF shall annually provide the City with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.
Appendix A
Small Wireless Communications Facility Design Manual
Small Wireless Communications Facility Design Manual
[Added 4-24-2023 by Res. No. 55A-2023]
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