(A) A registrant shall not commence to place, maintain or repair a wireless facility in public rights-of-way until a permit has been obtained from the City engineer as provided for by this chapter. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. However, the city may issue a blanket right-of-way permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. Registrant acknowledges that, as a condition of granting such permits, the city may impose proper rules or regulations governing the placement or maintenance of a wireless facility in public rights-of-way. A registrant shall not be excused from compliance with this section or any other applicable code or regulation due to the necessity for an emergency repair.
(B) The city may review and approve a wireless provider's standard details and construction specifications related to their typical wireless support structures and ground-mounted equipment configurations. Once approved, standard details and specifications will not need to be resubmitted for review and approval. Standard details must list specific combinations of poles, foundations, supported wireless equipment and ground mounted equipment. Any deviation or modification to the equipment configurations shall be reviewed and approved by the city prior to installation.
(C) As part of any permit application to place, replace or maintain a wireless facility in public rights-of-way, the registrant shall provide the following:
(1) The location of the proposed facilities, including a description of the facilities to be installed, including the type/model of antenna(s), tower(s), wireless support structure(s), height of proposed facilities, where the facilities are to be located, and the size of facilities that will be located in public rights-of-way;
(2) A description of the manner in which the facility will be installed, including but not limited to, anticipated construction methods or techniques;
(3) Attestation that the small wireless facilities will be collocated on the utility pole or wireless support structure and that the small wireless facilities will be operational for use by a wireless provider to provide service within one hundred and eighty days after the permit issuance date;
(4) In cases where a small wireless facility is to be located on a third party-owned utility pole or support structure in the right-of-way, the wireless provider shall furnish documentation authorizing the use of the pole or support structure as a wireless facility.
(5) In cases where equipment is proposed to collocate or be installed in a location where it may impact the structural integrity of an existing utility, traffic signal, street light pole, wall or other structural feature, a geotechnical report and structural calculations shall be prepared and evaluated to determine whether the new equipment will undermine the existing infrastructure or interfere existing services, and whether special construction sequencing or methods are needed to construct the new foundation;
(6) In cases where an existing foundation is to be removed and replaced with a new foundation constructed in the same place, a geotechnical report documenting the load bearing capacities of the soil and structural calculations shall be prepared and evaluated to certify that replacement at the same location will not compromise the stability of existing improvements;
(7) An operation and maintenance plan, in case of any traffic disruption due to the maintenance of the wireless facility in the right-of-way;
(8) The timetable for the construction of the project or each phase thereof, and the areas of the city which will be affected; and
(9) Additional information as the city finds necessary with respect to the review and approval of the wireless facility placement or maintenance permit.
(10) Scaled drawing(s) showing the location of the proposed facilities in the right-of-way including:
(a) Dimensions of the right-of-way, pavement, sidewalks and adjacent structures;
(b) Location of all other utilities in the right-of-way;
(c) Aerial map showing the location of the wireless facilities, including the distance to other towers, poles, or wireless support structures.
(d) Any other details as may be needed to document the installation and its relationship to other items in the right-of-way.
(11) An accurate depiction of all improvements and their relationship to the right-of-way line.
(12) Camouflaging techniques in accordance with section 92.05(e)(20).
(13) Certification from a professional network engineer certifying the proposed wireless facility has no interference with the city's existing or planned network and wireless equipment and services.
(14) For collocations on city-owned utility poles, as built plans shall be provided within forty five (45) calendar days of the construction including an electronic set in AUTOCAD 2015 or later version.
(15) Items (1)-(11) listed above must be signed and sealed by a professional engineer certified in the State of Arizona under the appropriate discipline.
(16) For small wireless facilities located in the public right-of-way, the application fee and annual rate shall be as follows:
FACILITY TYPE | APPLICATION FEES | ANNUAL RATES PER FACILITY |
Installation of new, replacement of modified utility poles associated for small wireless facilities in the public rights-of-way not subject to zoning review. | $750.00 | $50.00 for use of right-of-way $50.00 for use of city-owned pole if applicable. |
Installation of new, replacement of modified utility poles for small wireless facility in the public rights-of-way subject to zoning review. | $1,000.00 | Limited to not more than the direct and actual cost of managing the right-of-way as determined by the Public Works Department. |
Application fee for a permit to collocate small wireless facilities on existing support structure in the public rights-of-way with no proposed changes to existing support structure. | $100.00 each for up to five small wireless facilities addressed in the application and $50.00 for each additional small wireless facility addressed in the application up to 25 sites. | $50.00 for use of the right-of-way $50.00 for use of city-owned pole if applicable. |
(17) The annual right-of-way use fee for non-small wireless facilities shall be determined by separate agreement.
(D) Within twenty (20) days of receiving a permit application to install a small wireless facility and any accessory equipment, the city shall notify the applicant as to whether the application is complete or the application will be deemed complete. The city shall have seventy five (75) days from receipt of a completed application to complete the review for compliance with applicable regulations. The city shall grant or deny the permit at the end of the review period. The city shall notify the applicant of the approval or denial. If the application is denied, the city shall notify the applicant of the specific basis for the denial, including applicable code provisions. The applicant may cure any deficiencies within thirty (30) days of the date the denial notice was sent. The city shall approve or deny the revised application within thirty (30) days of receipt of the revised application. A permit that is issued shall be completed within one hundred and eighty (180) days unless the city and the wireless provider agree to extend this period for up to one year.
(E) The city shall consider the following objective design standards for small wireless facilities:
(1) The overall height of a new, replacement or modified utility pole for small wireless facility installed in the right-of-way may be administratively approved if the utility pole does not exceed the greater of either:
(a) Ten (10) feet above the tallest existing utility pole (excluding utility poles supporting only wireless facilities) that is located within 500 feet of the proposed site for the new, replacement or modified pole if that existing pole was in place prior to August 7, 2017, but the new pole cannot be more than 50 feet above ground level; or
(b) Forty (40) feet. Any new, replacement or modified utility pole exceeding the above height threshold shall be determined by a conditional use permit issued pursuant to the public hearing process and requirements set forth under Article 151.26 of the Sierra Vista Development Code.
(2) Proposed poles shall maintain a twelve (12) inch minimum horizontal clearance distance from sidewalks, handicapped ramps, and bicycle paths. In areas where there is an existing concrete curb but no sidewalk, the minimum clearance from the back of the curb shall be at least six (6) feet. Measurements shall be taken from the outermost edge of the proposed pole foundation to the closest point of the aforementioned adjacent features.
(3) Poles adjacent to ramps, where accessibility to pedestrian push buttons for crosswalks is required, shall follow ADA guidelines for accessibility.
(4) Poles located within areas that have no curb and gutter shall be located outside of the clear zone. In cases where it is not possible to locate the pole outside of the clear zone, object markers or reflective signs shall be placed on or adjacent to the pole to provide warning to motorists.
(5) All antenna and accessory equipment shall be located to avoid any physical or visual obstructions to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians or motorists, including clear zone and sight triangle requirements.
(6) Each antenna associated with the facility is located inside an enclosure of no more than six (6) cubic feet in volume or in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet in volume.
(7) Wiring and cabling associated with wireless communications equipment shall be located in raceways that are completely separate from raceways that are occupied by wiring/cable associated with traffic signals or street lights.
(8) All wiring required to service wireless communications equipment shall be contained within privately owned conduits and pull boxes with a marker identifying ownership of each item. In no case will wiring energized by a wireless provider be allowed to share a raceway with wiring energized by the city.
(9) Streetlight poles that are to be replaced to accommodate new wireless facilities may be taken out of service during construction. The existing pole, luminaire and wiring are to be salvaged and returned to the owner. All new wiring shall be installed in the new pole. Splices between the pull box and the luminaire is prohibited. Wiring removed from a streetlight pole shall not be re-used. All the new wiring must be pulled through each conduit at the same time. The conduit shall not contain any existing wire.
(10) If it is necessary to remove wiring from a conduit associated with a specific traffic signal pole(s), all of the wiring related to the pole(s) in the conduit shall be replaced with new wiring. All cables and wires shall be unspliced from the traffic signal cabinet to the termination point. Splicing of the wires is prohibited in pull boxes, or in the traffic signal poles. Any wiring that has been removed from a city utility pole shall be returned to the city for salvage.
(11) Traffic signals that are to be replaced to accommodate new wireless facilities must be kept fully functional until the new pole is ready to be put into service. The existing pole, luminaire, street sign, mast arm, signal heads, cameras, signal preemption equipment, wiring and other accessories shall be returned to the city for salvage. The existing pole base shall be ground down a minimum of one foot below existing grade and abandoned in place. In the event a new pole is to be located in the same place as the existing pole, the wireless provider shall supply temporary traffic signals as required to maintain uninterrupted traffic signal service.
(12) In the event a wireless provider is relocating an existing traffic signal to install new wireless equipment, the wireless provider shall provide a complete, fully functioning traffic signal before the existing signal may be removed from service. This includes installing video detection cameras, preemption equipment, a luminaire, a mast arm, traffic signal heads, street signs, or any other equipment that may be present on the existing traffic signal. All equipment installed on the new traffic signal shall be new and, to the extent that it is possible, be of the same make and model number as the equipment on the existing traffic signal. The lengths of the mast arms and luminaries shall be adjusted as required to accommodate the offset of the new traffic signal.
(13) All panel antennas shall be mounted directly to the pole so that the antenna does not interfere or block the intended use of the pole or its assemblies. All mounting posts shall be trimmed so that the poles do not extend higher than the top of the antenna or protrude lower than the antenna unless necessary to install the shroud.
(14) Hand-holes shall be at the following locations:
(a) Opposite all mast arm mounting points on pole;
(b) Opposite all luminaire mounting points on pole;
(c) At the base of the pole, inline with and under the mast arm and/or luminaire
(15) If luminaries are attached to the wireless support structure, they shall be installed in accordance with §§ 151.08.010 and 151.08.011 and § 151.11.004(G) of the Sierra Vista Development Code regarding lighting levels, spacing and other technical requirements. All construction, operation and maintenance costs shall be the sole responsibility of the registrant.
(16) The height of the pole foundation shall be two (2) inches above finished grade, provided, however, if the pole foundation is adjacent to or within a sidewalk or ramp, the height of the pole foundation shall be flush with the surface of the immediate area Shrouds for the pole mounting bolts may be required.
(17) Each piece of equipment shall have a discreet site identification number, ownership and emergency contact information conspicuously displayed. All equipment manufacturers decals, logos and other identification information shall be removed unless required for warranty or owner identification purposes.
(18) Other wireless equipment associated with the facility shall not exceed twenty eight (28) cubic feet in volume. The following types of ancillary equipment are not included in the volume calculation: electric meters, concealment elements, telecommunications demarcation boxes, ground based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs, and utility poles or other support structures.
(19) Small wireless facilities shall use camouflage techniques, approved by the City, which incorporate architectural treatments to blend in aesthetically with the surrounding environment.
(20) New and replacement wireless support structures shall match the style, design and color of existing utility poles in the vicinity unless approved by the city.
(21) Ground based equipment boxes that support wireless facilities shall match the style, design, and color of existing equipment boxes in the surrounding area. Foliage or another aesthetic features to obscure the view shall be used to the greatest extent possible to allow the boxes to blend in with the surrounding area.
(F) All wireless facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights and convenience of property owners who adjoin any of the public rights-of-way.
(1) In the event that a traffic signal service must be interrupted to accommodate the wireless provider, at no cost to the city, the wireless provider shall provide temporary traffic signals and/or police officers to direct traffic until signal service is restored.
(2) Traffic signal service shall not be interrupted during peak hours due to malfunctioning wireless facilities or periodic maintenance. In the event wireless facilities cease to function and it is necessary to interrupt traffic signal operation to make repairs or perform maintenance, the wireless provider shall notify the city’s Department of Public Works to schedule repairs at the next off-peak time frame, as determined by the city. City traffic signal technicians must be present whenever the wireless provider is working on equipment collocated on traffic signal poles. The registrant shall compensate the city for actual expenses incurred while the city traffic signal technicians are onsite. Repairs to wireless equipment shall not be considered an emergency unless there is a threat to public safety. The city will not be responsible for any losses incurred by the wireless provider as a result of discontinuation of cell service due to wait times.
(3) In the event of an emergency, the wireless provider shall grant the city a means to turn off power to any wireless facilities collocated on a city utility pole. The wireless provider shall not hold the city liable for any interruptions of cell service caused by an emergency.
(G) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of wireless facilities.
(H) All wireless facilities shall be powered from an electric meter owned and paid for by the wireless provider. Under no circumstances will wireless facilities be energized by power from city-owned meters.
(I) All communication services required for wireless facilities shall be owned and paid for by the wireless provider. Under no circumstances will wireless facilities be allowed to connect to city-owned communication.
(J) After the completion of any placement or maintenance of a wireless facility in public rights-of-way or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to its original condition as it was before such work. If the registrant fails to make such restoration within thirty (30) days, the city may perform restoration and charge the costs of the restoration against the registrant. For two (2) years following the original completion of the work, the registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of this chapter at its own expense.
(K) If collocation of wireless equipment requires modification to an existing city-owned utility pole, the wireless provider shall supply the city with one spare replacement pole at no cost to the city for each pole type. The wireless provider shall provide a replacement pole every time one from the inventory is used. The first spare pole shall be provided during construction, and all additional poles shall be ordered within 14 calendar days of any replacement, and shipped to the City Maintenance Yard at no cost to the city.
(L) A permit from the city constitutes authorization to undertake only certain activities in public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way.
(M) A registrant shall maintain its wireless facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law. Registrant shall use and exercise due caution, care and skill in performing work in the public rights-of-way and shall take all reasonable steps to safeguard work site areas. In the case where a wireless provider must replace existing city owned facilities, the wireless provider shall be responsible for all work and costs associated in accommodating their improvements.
(N) Foliage or another aesthetic feature installed by the registrant shall be neatly maintained and kept in good condition by the registrant at its own expense.
(O) In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with Arizona Underground Facilities Law pursuant to Title 40, Article 6.3 § 40-360.21 to § 40-360.32 as may be amended.
(P) Upon request of the city, and as notified by the city of the other work, construction, installation or repairs referenced below, a registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject public rights-of-way, and registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the public rights-of-way.
(Q) At the request of the city, the registrant shall de-energize all collocated equipment to allow for periodic maintenance of a city-owned utility pole. The city shall provide twenty-four (24) hours notice for regular maintenance requests. The city will not be responsible for any losses incurred by the registrant as a result of discontinuation of cell service due to periodic equipment maintenance.
(R) A registrant shall not place or maintain its wireless facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person’s facilities lawfully occupying the public rights-of-way of the city.
(S) The city makes no warranties or representations regarding the fitness, suitability, or availability of city public rights-of-way for the registrant’s wireless facilities and any performance of work, costs incurred or services provided by registrant shall be at registrant’s sole risk. Nothing in this chapter shall affect the city authority to add, vacate or abandon public rights-of-way, and city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for wireless facilities.
(T) The city shall have the right to make such inspections of wireless facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this chapter.
(U) The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant. The city further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time be altered.
(V) On occasion, the city is required to relocate traffic signals or streetlight poles as part of a larger construction project. If a pole to be relocated contains wireless equipment, the wireless provider shall be given the opportunity to pay for the relocation of the wireless facilities as part of the overall project. Under no circumstances will public funds be spent to relocate the wireless facilities or accommodate the wireless provider. The wireless provider shall provide the city with design plans and structural calculations for the new pole required to support the wireless facilities. The wireless provider shall pay the difference between the pole and foundation required to support the wireless facilities and the pole required to meet the city’s needs. Bid items related the relocation of the wireless facilities shall be added to the bid tab. These bid items will specifically cover the cost of materials and labor required to relocate the wireless facilities. These bid items will not include the construction of any city-owned improvements; they will pertain only to the relocation of wireless facilities. The wireless provider shall pay all costs associated with the relocation of the wireless equipment at the bid prices. Payment shall be rendered in full before the start of construction. The wireless provider shall also to agree to pay any change order costs related to relocating the wireless equipment.
(W) A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its wireless facilities to permit the work authorized by the permit The expense of such temporary raising or lowering of facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than thirty (30) days’ advance written notice to arrange for such temporary relocation.
(X) The city may deny a wireless facility in the City rights-of-way if the proposed facility:
(1) Materially interferes with the sight triangle or clear zones for transportation, pedestrians, or public safety purposes.
(2) Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.
(3) Materially interferes with existing or planned city wireless operations.
(4) Materially fails to comply with the requirements of this chapter and other applicable codes as follows:
Arizona Department of Transportation’s Signals and Lighting Standard Drawings, and specifications, current edition
(a) All AASHTO Design Guidelines, current edition
(b) MUTCD standards, current edition
(c) City of Sierra Vista Development Code
(d) City of Sierra Vista Standard Details, current revisions
(e) City of Sierra Vista General Notes, current revisions
(f) International Building Code (current version plus applicable local modifications)
(g) Maricopa Association of Governments Standard Construction Specifications and Standard construction Details, current edition
(h) Arizona Revised Statute Title 9, Chapter 5 Article 8, § 9-591- 9-599, Use of Public Highways by Wireless Providers
(Ord. 2018-001, passed 2-8-18)