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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)
Subject to compliance with all applicable provisions of this chapter, small cell wireless facilities, pursuant to an approved permit issued by the city in compliance with this chapter, shall be permitted on the rights-of-way of the city, upon the following terms and conditions.
(A) Public rights-of-way. Small cell wireless facilities in the public rights-of-way in all zoning districts shall be in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities in the public rights-of-way are ranked as indicated in the following lists. When a lower-ranked alternative is proposed, the applicant must include technical information demonstrating that a higher-ranked option is not feasible, considering the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence.
(1) Collocation on existing light poles;
(2) Collocation on any other existing utility poles;
(3) Collocation on any other existing pole or an existing structure in the public rights-of-way;
(4) Location on a new pole of any kind.
(B) The city may propose an alternative location for proposed facilities from the proposed location.
(1) The city shall provide the applicant with a written explanation of the reason it believes the alternate location is preferable.
(2) The applicant shall then:
(a) Accept the city's recommendation;
(b) Identify another alternate location and provide a written explanation why it is preferable; or
(c) Provide a written explanation why is continues to believe the original location remains the best alternative.
(3) The facilities operator shall utilize the alternate location, unless the facilities operator shows that the alternate location is not feasible.
(4) Negotiation must occur within the time frame set forth in § 126.06 to identify a mutually agreed location.
(C) No more than one small cell installation for any provider shall be permitted per each one thousand (1,000) feet along a city right-of-way; unless the applicant provides technical information demonstrating that application of this limitation is not feasible, considering the applicant’s service objectives. Any claim of infeasibility shall be supported by substantial evidence.
(D) Facilities shall not interfere with existing or planned street trees, landscaping and irrigation.
(E) Encroachment permit. An applicant seeking to install, construct, operate or perform work related to small cell wireless facilities in the public rights-of-way shall also obtain a revocable encroachment permit from the city Department of Public Works prior to commencing work.
(Ord. 2-2021, passed 3-15-21)
(A) State or federal requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), all applicable federal, state and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. Federal law prohibits the city from denying a permit if doing so would prohibit or have the effect of prohibiting the provision of personal wireless services. If, at any time, the state or federal standards are modified, then the applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of the city permit and require the removal of the small cell facility at the service provider’s expense.
(B) Building codes and safety standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the city, and shall ensure that they are maintained in compliance with standards contained in applicable state or local building codes, the Louisville Metro Land Development Code and the applicable standards for small cell wireless facilities published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring it into compliance with such standards. Failure to bring the facility into compliance within the required time shall constitute grounds for the revocation of the city permit and the removal of the small cell facility at the owner’s expense.
(C) Radio frequency emissions standards. Applicants shall confirm that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with the applicable safety standard specified in 47 C.F.R. 1.1307(b). Such information shall be submitted with the permit application materials and annually thereafter if requested by the city.
(D) Operation and maintenance standards. In addition to any other conditions required by permits issued pursuant to this chapter, all small cell wifeless facilities shall always comply with the following standards.
(1) Except as provided in this chapter, an applicant shall not install signs, display logos, or run advertisements on, alongside, or in connection with a permitted facility.
(2) Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and shall be promptly provided to the city.
(3) Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter, graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of receipt of city notice.
(4) Except for emergency repairs, testing and maintenance activities shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.
(5) Each facility shall install the following security measures:
(a) An on-site emergency “kill switch” to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel;
(b) Necessary safety measures to prevent unauthorized access, vandalism and other safety concerns. Installations must comply with design standards, described herein, and nuisance regulations, and must not interfere with city emergency services or transmission.
(6) Except for public improvement projects undertaken primarily for beautification, each facility shall be relocated at the applicant's sole cost, upon demand by the city with reasonable notice, to allow for public improvement projects necessary for the public’s health and safety.
(7) The applicant shall, at its sole cost, be responsible for repairing to city standard specifications or replacing in kind any city facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of the applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection include, but are not limited to, the following:
(a) Curbs, gutters, sidewalks, storm drains and pavements;
(b) Landscaping; and
(c) Structures, buildings, light poles and fixtures.
(E) Electrical metering and structural standards. All small cell wireless facilities shall comply with the following requirements.
(1) All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing city projects or facilities.
(2) All existing, city-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent city structural standards for street light poles, including, but not limited to, safety and load-bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.
(a) Applicants requesting the installation of a small cell wireless facility on a city-owned streetlight pole shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such city standards.
(b) If the city-owned streetlight pole proposed for the installation of a small cell wireless facility does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may, at its own cost, replace the existing streetlight pole at the proposed installation location with a pole that meets or exceeds the city’s structural standards, including safety and load-bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at the applicant’s cost. The applicant shall be responsible for coordinating electrification of the new installation with the utility provider, including independent metering of electrical power required for the applicant’s installations as provided herein. Upon installation, the new pole shall become the property of the city.
(F) Small cell wireless facilities and any ancillary equipment shall be located and designed to be decorative facilities, and blend with the existing natural or built surroundings, provided, however, the obligation to install decorative facilities in the rights-of-way shall be applied uniformly and nondiscriminatory, and shall be no more burdensome than the requirements applied to similar types of infrastructure deployments for other similarly-situated utility installations. The applicant cannot remove or damage any city landscaping and may be required by the city to install buffering landscaping.
(G) Ancillary equipment.
(1) Ancillary equipment and any support facilities for small cell wireless facilities located in the public rights-of-way shall be installed in accordance with the following preferences, ordered from the most preferred to the least preferred:
(a) Underground in any area in which the existing utilities are primarily located underground;
(b) On the pole or support structure; or
(c) Integrated into the base of the pole or support structure.
(2) Applications that involve less-preferred installation locations may be approved so long as the applicant demonstrates that the more-preferred installation location would be technically infeasible.
(3) Any claim of infeasibility shall be supported by substantial evidence.
(4) If undergrounding of ancillary equipment is not possible, all such equipment shall be located within a decorative facility, and shall comply with all applicable laws, including, but not limited to, the Americans with Disabilities Act.
(H) Pole designs. Subject to subsection (F) of this section, small cell wireless facility pole installations shall be a decorative facility. Each installation shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility affixed to an existing light pole shall be painted and/or textured to match that structure.
(I) Nonreflective materials. Small cell wireless facilities shall be constructed out of nonreflective materials (visible exterior surfaces only), or materials and colors consistent with the surrounding backdrop. Anodized metal is an acceptable treatment.
(J) Design preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including, but not limited to, color, tint, shade, treatment, painting, surface treatment, replacement landscaping, decorative facility design, and concealment.
(K) Security fencing. Under no circumstances shall security fencing be permitted.
(L) Volume. Each individual antenna may not exceed three (3) cubic feet in volume and all other equipment associated with a small cell wireless facility shall be no more than twenty-eight (28) cubic feet in volume. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.
(Ord. 2-2021, passed 3-15-21)
(A) The city Department of Public Works and the City Council, within its discretion or if necessary, shall review an application subject to this chapter, considering its conformity with applicable provisions of this chapter, and shall issue a permit on nondiscriminatory terms and conditions, subject to the following requirements:
(1) For an initial application, the city shall notify the applicant in writing on or before the tenth (10th) day of submission if the application is materially incomplete. In the written notice that the application is incomplete, the city must clearly and specifically identify all the missing documents or information, and must specify the related code provision, ordinance, application instruction or otherwise publicly stated procedures related to missing information; and
(2) If the city notifies the applicant in writing that the application is incomplete in accordance with subsection (A)(1), the processing deadline in subsection (A)(3) shall restart at zero on the date the applicant submits all the documents and information identified by the city to render the application complete; and
(3) The city shall make its final decision to approve or deny a complete application within:
(a) Sixty (60) days of receiving an application for the collocation of a small cell wireless facility using an existing structure; and
(b) Ninety (90) days for an application to locate a small cell wireless facility on a new structure.
These time lines may be tolled only by mutual agreement between the applicant and the city; and
(4) The city must advise the applicant in writing of its final decision. If the final decision is to deny the application, the final decision document shall state the basis for a denial, including specific code provisions on which the denial was based, and the city shall send the decision document to the applicant on or before the day it denies the application.
(5) The city must process all applications on a nondiscriminatory basis and may only deny an application subject to this chapter if the proposed small cell wireless facility or the new, modified or replaced pole:
(a) Materially and demonstrably interferes with the safe operation of traffic control equipment;
(b) Materially and demonstrably interferes with sight lines or clear zones for transportation or pedestrians;
(c) Materially fails to comply with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;
(d) The applicant refuses to comply with the city's preferred locations in § 126.04(A);
(e) Fails to comply with applicable codes; or
(f) Fails to comply with the provisions in this chapter.
(Ord. 2-2021, passed 3-15-21)
(A) Voluntary cessation. Applicants intending to vacate a small cell wireless facility site shall notify the city of this intent to vacate at least thirty (30) days prior to the vacation.
(B) Abandonment. A permit for a small cell wireless facility that is not operated for a continuous period of six (6) months shall be deemed lapsed and the site will be considered abandoned, unless:
(1) The city has received notice from the same operator of their intent to resume operations within six (6) months; or
(2) The city has received an application to transfer the permit to another service provider.
(C) Removal of facilities and restoration of site. No later than ninety (90) days from the date a small cell wireless facility has ceased operation, or from the date of receipt of the applicant’s notice of its intent to vacate the site, the applicant of the abandoned small cell wireless facility, or its authorized agent, shall remove all equipment and improvements associated with the use, and shall restore the site to its original condition as shown on the plans submitted with the original approved application. The owner or agent shall provide written verification of the removal of the small cell wireless facility within thirty (30) days of the date the removal is completed.
(D) Failure to remove and restore.
(1) When a small cell wireless facility has not been removed and its site has not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance pursuant to city ordinance.
(2) The city may cause the facility to be removed at the owner’s expense or by calling any bond or other financial assurance to pay for removal.
(3) For a single structure occupied by two (2) or more users, this subsection shall not apply while at least one (1) user continues to actively use the structure.
(E) Destruction of pole or city discontinuation of use. If a city-owned structure upon which a small cell wireless facility is located is damaged, destroyed or demolished by acts beyond city's control, the right for such small cell wireless facility to continue occupying the structure shall cease. The applicant may opt to construct a pole or structure to replace the damaged, destroyed or demolished city structure in compliance with the requirements of this chapter, including structural inspection and separate metering requirements.
(Ord. 2-2021, passed 3-15-21)
(A) Upon the failure of any entity to properly repair and restore any cut, excavation or alternation to the city right-of-way, or its failure to maintain any facility placed in the right-of-way, the city may authorize the repair or restoration of the area in a proper manner and charge the cost to the entity who violated this chapter (and/or the entity upon whose behalf the work was done). In the event the city must make the repair or restoration, in addition to its other remedies, the city shall have a lien under the authority of KRS 65.8840 for the abatement of nuisance conditions against any property of those entities (if any) that the work directly benefits, or upon whose behalf it was undertaken. The lien shall be recorded in the County Clerk's office and shall bear interest at twelve percent (12%) per annum thereafter until paid.
(B) In addition to the remedies set out above, the city shall cite any person, utility, company or entity for each violation of this chapter in an amount not more than five hundred dollars ($500) per violation. Each day of violation shall be considered a separate offense. Further, if deemed necessary by the city to protect the public ways and public utilities of the city, any entity repeatedly violating this chapter may be denied permission to make any future cuts or excavations until it fully remedies past violations and pays any outstanding fines.
(Ord. 2-2021, passed 3-15-21)