Loading...
A. Purpose: The purpose of this chapter is to establish requirements for the siting and use of wireless facilities in the public ways in a manner that facilitates the delivery of wireless services within the City, while minimizing associated adverse impacts. The goals of this chapter are to:
1. Provide for the managed development and installation, maintenance, modification, and removal of wireless services infrastructure in the City to provide adequate wireless communications coverage, without unreasonably discriminating against wireless providers of functionally equivalent services including all of those who install, maintain, and operate wireless facilities.
2. Promote and protect the public health, safety, and welfare, and specifically, protecting aesthetic values, by reducing the visibility of wireless facilities and structures to the fullest extent possible through techniques including but not limited to camouflage/concealment, design techniques, and undergrounding of wireless facilities and the equipment associated therewith, where appropriate.
3. Encourage the deployment of smaller, less intrusive wireless facilities to supplement existing telecommunications facilities.
4. Encourage owners and users of wireless facilities and structures to locate them, to the extent possible, where the adverse impact on the community is minimized.
5. Enhance the ability of wireless providers to provide such wireless services to the community quickly, effectively, and efficiently.
6. Effectively manage wireless facilities in the public way.
B. Scope:
1. This chapter shall provide the basic local scheme for providers of wireless services and systems that require the use of the public ways, including providers of both the system and service, and those providers of the system only.
2. The requirements set forth in this chapter shall apply to all wireless facilities and structures located within the public way, and to all applications to locate or modify wireless facilities and structures within City public way. This chapter shall apply to all future wireless providers and to all wireless providers in the City prior to the effective date hereof, whether operating with or without a license.
3. The activities regulated by this chapter are subject to terms of the Small Wireless Facilities Deployment Act, Utah Code title 54, chapter 21, or its successor.
C. Excluded Activity: This chapter shall not apply to video service systems, wireline services, or macro wireless facilities. (Ord. 42-18, 2018)
ADA: Americans With Disabilities Act of 1990, 42 USC section 12101 et seq., or successor statute.
ANTENNA: Is defined in Utah Code section 54-21-101(1), or its successor.
APPLICANT: A wireless provider who makes application for a permit.
APPLICATION: Is defined in Utah Code section 54-21-101(5), or its successor.
CITY: Salt Lake City Corporation.
CITY ENGINEER: The City Engineer, or authorized representative.
COLLOCATE: Is defined in Utah Code section 54-21-101(11), or its successor.
DECORATIVE POLE: Is defined in Utah Code section 54-21-101(14), or its successor.
FCC: The Federal Communications Commission of the United States.
GROSS REVENUE: The same meaning as gross receipts from telecommunication services as defined in Utah Code section 10-1-402, or its successor statute, as applied to the revenue of a wireless provider.
MACRO WIRELESS FACILITY: Antenna mounted on a tower or similar structure that is not a small wireless facility or a micro wireless facility. A macro wireless facility is not permitted in the public way unless required by Federal law.
MASTER LICENSE AGREEMENT: An agreement between a wireless provider and the City that sets forth the general terms and conditions pursuant to which the wireless provider may install and operate wireless facilities in the public way.
MICRO WIRELESS FACILITY: Is defined in Utah Code section 54-21-101(21), or its successor.
PERMIT: A permit issued under this title for construction, excavation or other work in, or obstruction of, the public way. The written authorization the City requires for a wireless provider to perform an action or initiate, continue, or complete a project, subject to the terms of this chapter and a master license agreement. Other permits, including without limitation, a building permit and traffic control permit, may also be required.
PERMITTEE: Any person who has been issued a permit and has agreed to fulfill the requirements of this chapter, on its own behalf or on behalf of a wireless provider.
PERSON: Means and includes any natural person, partnership, firm, association, public utility company, corporation, company, organization, or entity of any kind.
PUBLIC WAY: For purposes of this chapter, all public rights-of- way, pathways, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways including the surface, subsurface and above surface space, now or hereafter existing as such within the City. It does not, however, include utility easements not within public ways of the City and Federal interstate highways or fixed guideways as defined in Utah Code section 59-12-102.
SMALL WIRELESS FACILITY: Is defined in Utah Code section 54-21-101(25), or its successor.
STRUCTURE: A utility pole or a wireless support structure.
TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video, and voice) without change in the form or content of the information sent and received.
UTILITY POLE: For purposes of this chapter, a pole or similar structure that is in a public way and is or may be used for: wireline communications, electric distribution, lighting, traffic control, signage, or the collocation of a small wireless facility. Utility pole does not include a wireless support structure, a structure that supports electric transmission lines, or electric power poles owned by the City or by an interlocal entity.
WIRELESS FACILITY: Is defined in Utah Code section 54-21-101(29), or its successor.
WIRELESS PROVIDER: A person that provides wireless services to customers, and/or builds or installs wireless facilities.
WIRELESS SERVICE: Is defined in Utah Code section 54-21-101(32), or its successor.
WIRELESS SUPPORT STRUCTURE: Is defined in Utah Code section 54-21-101(34), or its successor.
WIRELINE BACKHAUL FACILITY: A facility used to transport communications by coaxial or fiber-optic cable from a wireless facility to a communications network. A wireline backhaul facility may be installed in the public way pursuant to a franchise agreement. (Ord. 42-18, 2018)
A. Any wireless provider desiring to install, repair, maintain, remove and replace wireless facilities in the public way shall first enter into a master license agreement with the City, except to the extent exempted by Federal or State law.
B. The City is empowered and authorized to grant nonexclusive master license agreements on a nondiscriminatory basis, governing the installation, operation, use and maintenance of wireless facilities in the City's public way in accordance with the provisions of this section.
C. The City shall grant a master license agreement to a wireless provider pursuant to noncodified ordinance authorizing the negotiation and execution of a master license agreement. Acceptance of the master license shall occur by the wireless provider executing the authorized master license agreement within thirty (30) days of recordation of the authorizing ordinance. Any amendment or extension thereof will also require City Council approval.
D. The term of a master license agreement may be renewed if the wireless provider is in compliance with the master license agreement and all applicable laws, rules, and regulations, including this chapter.
E. This section shall only apply to wireless facilities. If a wireless provider has telecommunications systems that may be used for multiple purposes, such as a wireline backhaul facility or video services system, then such provider shall obtain a franchise agreement from City for each permitted purpose.
F. Before offering or providing any wireless services pursuant to the master license agreement, a wireless provider shall obtain all other regulatory approvals, permits, authorizations or licenses for the offering or providing of such services from the appropriate Federal, State, and local authorities, if required, and, upon request of the City, shall submit to the City evidence of the same, such as a license from the FCC or certificate from the State Public Service Commission.
G. The grant of a master license agreement will not excuse the wireless provider from obtaining: 1) any permit or other authorization required to engage in or carry on any business within the City as required by the laws, rules, and regulations of the City, 2) any other permit, agreement or authorization required in connection with the use of property or facilities owned by third parties, or 3) any other permit or authorization required in connection with excavating or performing other work in or along the public way.
H. Wireless provider shall comply with all applicable Federal, State, and City laws, rules and regulations, including those of the FCC.
I. Except to the extent exempted by applicable law, any wireless provider acting without a master license agreement on the effective date of this chapter shall request issuance of a master license agreement from the City within ninety (90) days of the effective date of this chapter. If such request is made, the wireless provider may continue to provide services during the course of negotiations. If a timely request is not made, or if a master license agreement is not granted, the wireless provider shall remove its equipment from the public way within thirty (30) days of notice from the City.
J. A master license agreement shall not convey title, equitable or legal, in the public way. A master license agreement is the right to occupy the public way on a nonexclusive basis for the limited purposes and time period stated in the agreement.
K. A master license agreement granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/Security Fund, and rights of termination or revocation.
L. In the event a wireless provider continues to operate all or any of its wireless facilities after the terms of the master license has expired, such wireless provider shall continue to comply with all applicable provisions of this chapter and the master license agreement, including, without limitation, all compensation provisions; provided, that any such continued operations shall in no way be construed as a renewal or other extension of the master license agreement, nor as a limitation on the remedies available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution. (Ord. 42-18, 2018)
A. Except as otherwise provided by applicable law, any wireless provider desiring to install a wireless facility in the public way shall first apply for and obtain a permit for such work pursuant to chapter 14.32 of this title, or its successor. The City will not provide a permit to a wireless provider until the wireless provider and City have first entered into a master license agreement, and, if required, a franchise agreement. If a wireless provider authorizes another person to act as the permittee to perform any activity contemplated by this chapter, such wireless provider shall be responsible for such permittee in connection with the responsibilities of this chapter and the permit, and shall be responsible under this chapter and pursuant to the conditions of the permit as if it were the permittee. (Ord. 42-18, 2018)
A. Application Fee: In order to offset the cost to the City to review applications, a wireless provider shall pay to City a non- refundable application fee for a permit to work in the public way for the installation or modification of a wireless facility. The cost of such application is set forth on the City's consolidated fee schedule.
B. Form Of Application: A wireless provider shall apply for a permit pursuant to section 14.32.030 of this title, or its successor. The wireless provider shall designate the purpose of the permit and the location and type and location of the installation or modification.
C. Avoiding Redundant Submittals: The City Engineer may allow a wireless provider to maintain on file with the Engineering Department any documentation that would otherwise be required for each individual application, such as basic wireless facility design documents and pole load analyses. The wireless provider must update any such information as necessary to keep it current. (Ord. 42-18, 2018)
A. Collocation Rate: A wireless provider shall pay to City an annual fee for each collocation on a City owned utility pole as set forth in Utah Code section 54-21-504, or its successor. If such City owned utility pole is a street light owned or managed by City as part of the Street Light Enterprise Fund, the annual fee for such street light shall be allocated to the Street Light Enterprise Fund.
B. Public Way Rate: A wireless provider shall pay to City an annual fee to use or occupy the public way, unless otherwise provided by applicable law.
1. In consideration for a wireless provider's right to use or occupy the public way as described herein, a wireless provider shall pay to the City an annual amount as set forth on the City's consolidated fee schedule.
2. With the payment of each annual public way rate, a wireless provider shall include a report describing gross revenue upon which the rate is calculated and a description, of reasonable specificity, of the small wireless facilities which have generated the revenue upon which the rate is based. Such report shall include such information related to such payment as the City may reasonably request. The records of the wireless provider 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.
C. Other Fees: A wireless provider shall pay all other applicable fees established by City, specifically including but not limited to permit fees and business license fees. (Ord. 42-18, 2018)
A. Design Standards: The design and location of the wireless facility and utility pole or support structure shall comply with all standards adopted by the City.
B. Structural Load Analysis: The application shall include an industry-standard pole load analysis indicating that the structure on which the wireless facilities will be mounted will safely support the load. If a small wireless facility cannot be safely installed on the respective structure, applicant shall either replace the structure with a compliant structure of the same type, or propose a new location.
C. Height:
1. The height of a structure with an attached wireless facility, including the wireless facility, shall be the minimum height needed for the operation of the wireless facility.
2. In no event shall the maximum height of a new or modified utility pole with an attached wireless facility, including the wireless facility, exceed fifty feet (50') above the public way.
3. Where wireless facility equipment is permitted on the outside of a utility pole, it shall be placed higher than eight feet (8') above the public way, unless otherwise permitted by City.
D. Decorative Poles: If necessary to collocate a wireless facility on a decorative pole, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetics of the displaced decorative pole and meets the requirements of this section, including the design standards.
E. Undergrounding: A City may require a wireless facility to be placed underground as permitted by Utah Code section 54-21-207, or its successor.
F. Historic Districts And Design Districts: In order to maintain the character of a historic district and/or conservation district, as contemplated in title 21A of this Code, all wireless facilities and new structures in such a district must employ screening, concealment, camouflage, or other stealth techniques to minimize visual impacts, and comply with all requirements and obtain all approvals as required by the Historic Landmark Commission and title 21A of this Code and as permitted by Utah Code section 54-21-208, or its successor. Wireless facilities and new structures must be architecturally integrated with existing buildings, structures and landscaping, including considerations of height, color, style, placement, design and shape.
G. Insurance And Bonding: A wireless provider will be responsible for carrying and maintaining insurance and bonds as may be required in the master license agreement or otherwise by the City and in connection with obtaining a permit.
H. Indemnity: A wireless provider shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys' fees, arising out of or in connection with such provider's wireless facilities or use of the public way, unless and to the extent caused by the City's negligence.
I. Electrical Service: A wireless provider will be solely responsible for establishing electrical power services for its wireless facilities and for the payment of all electrical utility charges to the applicable electric service provider based upon applicable tariffs. A wireless provider shall obtain a building permit for installation of such electrical service as required by the City.
J. Residential Zones: A wireless provider may not install a new utility pole in a public way adjacent to a single family lot, other multifamily residences, or undeveloped land that is designated for residential use by zoning or deed restrictions, if the curb to curb measurement of the street is sixty feet (60') wide or less as depicted on the official plat records or other measurement provided with the application, unless City has given prior written consent.
K. Inspections: All wireless facilities and wireless provider- owned structures shall be maintained by the wireless provider in a clean and good condition, free of graffiti, and rusting, excessive dirt, and peeling paint. The City shall have the authority to conduct inspections of the wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this chapter.
L. Compliance With Law: All wireless facilities must at all times comply with all applicable Federal, State, and local Building Codes and Safety Codes and regulations. To the extent this chapter conflicts with other provisions of City ordinances, this chapter shall control. All wireless facilities and structures shall be constructed and installed to manufacturer's specifications. Provider shall obtain one or more FCC licenses, as required by the FCC, to operate its wireless facilities.
M. Hazardous Materials: A wireless provider shall not possess, use, generate, release, discharge, store, dispose of, or transport any hazardous materials on, under, in, above, to, or from any public way except in compliance with all applicable environmental laws and pre-approved by City. Wireless provider shall promptly reimburse City for any fines or penalties levied against City because of wireless provider's failure to comply with environmental laws.
N. Tree Trimming: A wireless provider may trim trees overhanging the public way to prevent the branches of such trees from coming in contact with the wireless facilities only with permission and under the direction of the City's Urban Forester and at the wireless provider's expense.
O. Additional Requirements: Wireless facilities will be subject to any additional requirements set forth in the applicable master license agreement and permit. (Ord. 42-18, 2018)
Loading...