§ 152.19 SMALL WIRELESS FACILITIES IN TOWN RIGHTS-OF-WAY.
   (A)   Standards. Small wireless facilities, wireless support structures, and utility poles installed to support small wireless facilities in the rights-of-way shall comply with the following requirements.
      (1)   Each new small wireless facility in the rights-of-way shall not extend more than ten feet above the existing utility pole, town utility pole, or wireless support structure on which it is collocated.
      (2)   Each new utility pole and each modified or replacement utility pole or town utility pole installed in the right-of-way shall not exceed 50 feet above ground level.
      (3)   In areas zoned single-family residential where utilities are underground, each new utility pole and each modified or replacement utility pole, town utility pole, or wireless support structure installed in the public rights-of-way shall not exceed 40 feet above ground level.
      (4)   Collocations of small wireless facilities are preferred on existing poles where feasible.
      (5)   Small wireless facilities, wireless support structures, and utility poles associated with small wireless facilities shall be blended with the natural and built surroundings as much as possible. Colors and materials shall be used that are compatible with the surrounding area except when otherwise required by applicable federal of state regulations.
      (6)   All small wireless facilities, antenna, and accessory equipment must be shrouded or otherwise concealed to the extent practicable and shall blend with and match the color of the pole or structure to which they attach.
      (7)   Wireless support structures shall be of a unipole-type; lattice and/or guyed towers are not permitted.
      (8)   All ground-mounted equipment must be properly screened with vegetation or other acceptable alternatives as approved by the Engineering Services Director.
      (9)   The wireless facility shall comply with all historic district requirements if the wireless facility is located within a historic district.
   (B)   Public safety. No portion of a small wireless facility, wireless support structure, or a utility pole associated with a small wireless facility may be placed in the public rights-of-way in a manner that:
      (1)   Obstructs pedestrian, vehicular, or bicycle access; obstructs sight lines or visibility for traffic, traffic signage, or signals; or interferes with access by persons with disabilities. An applicant may be required to place equipment in vaults to avoid obstructions or interference;
      (2)   Interferes with public infrastructure and/or health or safety facilities including, but not limited to: power lines, fire hydrants, water valves, gas valves, underground utility vaults, valve housing structures, or any other public health or safety facilities. New facilities shall not be installed directly over any water, sewer, gas, or reuse main or service line; and
      (3)   Involves placement of pole-mounted equipment (other than cabling) whose lowest point is lower than eight feet above ground level.
   (C)   Removal, relocation, or modification of small wireless facilities.
      (1)   Within 90 days following written notice from the town, wireless providers shall, at their own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change, or alter the position of any small wireless facilities within the rights-of-way whenever the town has determined that such removal, relocation, change, or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any town improvement or the operations of the town in or upon the rights-of-way.
      (2)   The town may require a wireless services provider to remove an abandoned wireless facility within 180 days of abandonment. Should the wireless services provider fail to timely remove the abandoned wireless facility, the town may cause such wireless facility to be removed and may recover the actual cost of such removal including legal fees, if any, from the wireless services provider. A wireless facility shall be deemed abandoned at the earlier of the date that the wireless services provider indicates, in any way, that it is abandoning such facility or the date that is 180 days after the date that such wireless facility ceases to transmit a signal unless the wireless services provider gives the town reasonable evidence that it is diligently working to place such wireless facility back in service.
   (D)   General work requirements. The applicant shall employ due care while performing any installation, maintenance, or other work in the right-of-way and shall comply with all safety and public right-of-way protection requirements of applicable laws, applicable codes, standards, and guidelines. If traffic control is required as part of the installation or maintenance of any device, the applicant shall submit a traffic control plan to the town and comply with all town policies and requirements for traffic control.
   (E)   Utility coordination. The wireless provider shall follow all “call 811 before you dig” utility coordination guidelines.
(Prior Code, § 24-5) (Ord. 02-19, passed 4-11-2019)