The purpose of this chapter is to establish requirements and standards for the development and siting of small cell wireless communications facilities and ancillary support infrastructure on rights-of-way owned by the city. These regulations are intended to protect and promote public safety, community health and welfare, economic well-being and the aesthetic quality of the city, while providing for well-managed development of small cell wireless telecommunications in accordance with state and federal law.
(Ord. 2-2021, passed 3-15-21)
Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings:
"APPLICANT." Service provider(s) of the small cell wireless facilities that are proposed to be located within the city, or their authorized representative(s).
"ANCILLARY EQUIPMENT." Any wires, cables, meter boxes, cable, conduit and connectors, and any other equipment required to operate and support the operation of small cell wireless facilities.
"COLLOCATION" or "COLLOCATE." Mounting or installing new wireless facilities on a preexisting structure and/or modifying a structure to mount or install a new wireless facility on that structure.
"DECORATIVE FACILITY." A structure specially designed and placed for aesthetic purposes to reasonably match its surrounding environment, and upon which no appurtenances or attachments, other than a small cell wireless facility, lighting, specially designed informational or directional signage, or temporary holiday or special event attachments have been placed or are permitted to be placed according to nondiscriminatory standards.
"RIGHTS-OF-WAY" All public streets and utility easements, now and hereafter owned by the city.
"SMALL CELL WIRELESS FACILITY." A wireless telecommunications facility that meets all of the following conditions:
(1) The facility:
(a) Is mounted on a structure fifty (50) feet or less in height, including the antenna; or
(b) Is mounted on a structure no more than one hundred ten percent (110%) taller than other adjacent structures; or
(c) Does not extend the existing structure on which it located to the height of more than fifty (50) feet.
(2) The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17.
"TECHNICALLY FEASIBLE." By virtue of engineering or spectrum usage, the proposed placement for a small cell wireless facility, or its design, concealment measures or site location, can be implemented without a reduction in the functionality of the small cell wireless facility.
(Ord. 2-2021, passed 3-15-21)
(A) Compliance required. No applications for small cell wireless facilities shall be deemed complete unless the applicant has submitted all required application materials and applicable fees, as provided by this section.
(B) Site plans and layouts. Applicants shall submit the following information with the application electronically or as hard copy. Hard-copy submittals shall be provided in triplicate.
(1) Applicant’s name, address, telephone number and e-mail addresses;
(2) The names, addresses, telephone numbers and e-mail addresses of all duly authorized representatives and consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
(3) Map and inventory of proposed sites. The applicant shall provide a map of the proposed site(s) and photographs of the structure if the installation is a proposed collocation. The applicant’s map shall show all land uses within eight hundred (800) feet of the proposed small cell wireless facility sites(s) shown on the map.
(4) Photo simulations of small cell facility and ancillary equipment. The applicant shall show the placement of the proposed small cell wireless facility, including the placement of any ancillary equipment.
(5) Drawings and plans. The applicant shall furnish site plan, plans, and elevations drawn to scale that identify the proposed small cell wireless facility and ancillary equipment placement. Elevations shall include all structures on which facilities are proposed to be located. All proposed structures, including ancillary equipment, shall be drawn to scale on the elevations. Site plans shall include depiction of the signage required by this chapter. In addition, site plans showing the existing condition of the structure and surrounding area shall be prepared and submitted.
(6) Camouflage and/or matching methods. The applicant shall provide both a description of the methods proposed to make the installation and all ancillary equipment a decorative facility, and identify its colors and materials specifications.
(7) Identify all ancillary equipment. Plans shall identify any and all ancillary equipment required to support the small cell wireless facility.
(8) Unless the city waives the requirement in advance for good cause shown, the applicant shall provide notice to any property owner within one hundred fifty (150) feet of any installation of the application via first class mail, and provide evidence of that notice to the city with its application, along with any responses received to that notice. The city will provide the applicant with any responses or contacts the city receives in response to such notices.
(C) Fee requirements. An application for small cell wireless facilities shall be accompanied by the following fee payments:
(1) Application fee. An application fee of one hundred dollars ($100) for each installation, modification or replacement of a pole, or the collocation of an associated small cell wireless facility, in the rights-of-way.
(2) Annual rate. An applicant authorized to place small cell wireless facilities and any related poles in the rights-of-way will pay to the city compensation for use of the rights-of-way and collocation on city structures in the rights-of-way an aggregate annual rate not to exceed two hundred seventy dollars ($270) per small cell wireless facility. This rate, together with the one-time application fee, shall be the total compensation that the applicant is required to pay the city for the deployment of each small cell wireless facility in the rights-of-way and any associated pole.
(3) Bonding. Depending on the type, size and number of facilities, as well as the financial viability of the applicant, the city may require a reasonable and nondiscriminatory bond (or other good and sufficient security from the applicant) with the application to ensure that the city right-of-way is undamaged. Further, the city may require that a lesser bond (or other good and sufficient security from the applicant) remains in place to ensure that the facilities will be properly removed when no longer in use.
(Ord. 2-2021, passed 3-15-21)
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