Users that locate, relocate, modify, repair, maintain or remove facilities in the PROW shall comply with the following requirements.
(A) Locations. The Department shall have the discretion to determine compliance with this section and to approve, deny, alter and condition all proposed locations of facilities in the PROW, and to determine whether placement, if allowed, shall be above ground or below ground, all as determined by the technical need of the applicant for a specific location, or alternatively the technological impracticability of a given location.
(B) Maximum permitted height. Absent a showing by clear and convincing technical or safety-related evidence of the need for a greater specific height for reasons of technical necessity, technical impracticability or compliance with applicable safety codes, the maximum permitted height for new or replacement poles or other support structures in the PROW, including any increases in height of existing structures and poles, shall be 40 feet above pre-construction ground level. Forty feet is not as-of-right, but is the maximum permitted height, and shorter, minimally impactful and intrusive poles and support structures shall be preferred.
(C) Minimum distance between poles or other support structures. Absent a showing by clear and convincing technical evidence of the technical need for a greater distance between poles or other support structures in the PROW or for safety-related reason, the minimum distance between poles or other support structures on the same side of a street as measured in any direction shall be 100 feet. This minimum distance shall not be applicable for poles or support structures that are used to support lines or cables crossing a street or other human-made or natural barrier.
(D) Least visual impact. Any equipment attached to a utility pole or other support structure shall be of a size and be located and constructed so as to create the least visual impact on the immediate surrounding area reasonably possible, and the least physical intrusion and impact on the limited space in the PROW, including occupying both the least amount of vertical and horizontal space reasonably possible. Absent the demonstration by verifiable clear and convincing technical evidence of the inability to use smaller equipment, no equipment shall be allowed in the PROW to be attached to or associated with a utility pole or other support structure of a size large enough to require an environmental assessment analysis and report under federal or state law or rule.
(1) Equipment inside pole. Excluding electric utility lines and equipment, after the effective date of this chapter, cables used to distribute wireline communications service(s) under 47 U.S.C. Title II or Title IV shall be placed inside the pole or support structure, unless technologically impracticable, or unless doing so would prevent compliance with applicable safety codes or such equipment is able to be attached mid-span to the transmission cable.
(2) Pole replacement.
(a) If placement inside a pole is physically or technologically impracticable, then, as determined most appropriate under the facts and circumstances by the Department, the pole shall:
1. Be replaced in compliance with § 157.13; or
2. If deemed appropriate under the facts and circumstances the equipment shall be stealthed or camouflaged to the reasonable satisfaction of the Department.
(b) If a pole is to be attached to, replacement of poles in compliance with § 157.11 shall be preferred to stealthing or camouflaging.
(3) New equipment. New equipment being attached to an existing, otherwise grandfathered, pole by a third party, shall require the replacement of the pole with an approved type of structure/pole as set forth in § 157.13.
(4) Maximum size of pole-mounted equipment. Excluding cable, the maximum size of any piece of hardline or wireless communications equipment attached to a pole or other support structure, such as, but not limited to, amplifiers and antennas or other transceivers, shall not exceed three cubic feet in total volume would fit within an imaginary enclosure or container three cubic feet in volume.
(5) New and replacement poles or support structures. In addition to all other information required, an application for a new or replacement pole or support structure must include detailed design characteristics, including overall dimensions, material composition, aesthetic appearance, a detailed site plan and a structural analysis with calculations which must be certified by a professional engineer licensed in the state and be able to be independently verified using the information submitted by the applicant. Depending upon the situation and circumstances involved, to-scale photo simulations may be required showing the facility as it will appear upon completion, showing the facility from four directions, each with 90 degrees azimuth separations.
(6) Lateral extensions. No lateral equipment extensions parallel to the PROW from a pole or other support structure in the PROW, such as, but not limited to, equipment standoffs, shall exceed three feet in length.
(7) Riser cable. All exterior riser or other vertically run cable attached to the exterior of a pole or other support structure shall be protected with non-conductive, non-degradable material and shall be of a color that matches the color of the pole or other support structure as closely as is reasonably possible.
(8) Ground-mounted equipment and equipment enclosures. Absent a showing by clear and convincing technical evidence of the technical need or for safety reasons for a greater size, nothing larger in size than 17-cubic foot enclosure may be placed above ground in the PROW.
(9) Compliance with NESC and NEC. All attachments to poles or other structures in the PROW, and all underground work and facilities placed underground, shall at all times be in compliance with the edition of the National Electrical Safety Code (NESC), the National Electrical Code (NEC), the State Building Code and the Office of Safety Administration (OSHA) regulations in effect at the later of:
(a) The time the facility was constructed;
(b) The time of the last modification of equipment on the pole or other support structure; or
(c) The edition in effect at the time of the current application.
(10) Compliance with TIA-ANSI222 re stand- alone communications poles and structures. All poles or support structures used only by providers of communications service(s) shall comply with the latest version of TIA-ANSI 222 at the time of construction, as well as at the time of any modification. Verification of submitted evidence of compliance with the applicable version of TIA-ANSI 222 shall be a prerequisite for the issuance of a building permit.
(E) Underground locations for wire and fiber. Wires, fiber and conduits shall generally be located underground, except in areas zoned for above ground facilities. A user that wishes to place such facilities above ground in an underground area shall demonstrate to the city’s satisfaction why above ground placement is a necessity.
(F) Existing ducts. Existing ducts, if underground ducts or conduits are available and not technologically impracticable to use, underground wires shall be located in such ducts or conduits. Before installing new ducts or conduits, a user shall make all reasonable effort to procure the right to use existing ducts or conduits upon reasonable terms and charges negotiated by and agreed to by the parties.
(G) Documentation of sufficient space. A user shall provide verifiable evidence to demonstrate to the Department’s satisfaction that sufficient space exists in the PROW and on any pole for proposed new or modified facilities to be placed without interfering with existing or future public projects, and that the placement of the pole, other structure and/or equipment will not unduly or unnecessarily disrupt the normal use of the PROW, negatively impact the permanent condition of the PROW or by itself negatively impact adjacent property values.
(H) Public noticing. Depending upon the facts and circumstances involved, for projects involving the disruption of vehicular or pedestrian traffic in the PROW, breaking the integrity of the surface of pavement or sidewalk, or when involving a new structure(s) or the increase in height of an existing structure by more than 10% of its existing height, the Department shall:
(1) Require the applicant to post notice of the proposed work and its scope on the city’s website or post a reasonably sized notice no smaller than 24 inches by 18 inches on or within three feet of all utility poles along the impacted portion of the PROW; or
(2) Distribute written notices to all individual properties for a distance of 200 feet from the location of any such work in or adjacent to the area of PROW, for a minimum of one calendar week prior to the start of the work proposed.
(I) Documentation to city upon completion. Upon completion of the authorized work, the person responsible for the work shall give the Department all reasonable information it requests regarding the work performed. Such information may include, but is not limited to, as-built or other appropriate drawings and maps, in the form required by the Department.
(J) Maps and information on file with users. During the time a person user has facilities in the PROW, the user shall maintain up-to-date as-built maps showing both the general and specific placement of its facilities in the PROW. A user shall also maintain information regarding the function and capacity of its facilities and, upon request by the city, furnish said maps and information to the Department within the time period specified, at no cost to the city and in such form and detail as the city requires.
(K) Underground location. Users with underground facilities shall maintain a membership in the state’s underground locating system and respond to and locate underground facilities and equipment as required by applicable state regulations and requirements.
(L) Relocation of facilities. A user shall, at its own cost, relocate its facilities within a reasonable time frame as determined by the Department, if the city determines that the facility(s):
(1) Interferes with a use of the PROW, or the provision of services to city residents;
(2) Interferes with the repair or maintenance of any city-maintained utility;
(3) Will impede the construction of a project funded in part with public funds, or a project to be dedicated to the public upon completion; or
(4) The PROW can be better or more efficiently utilized by the relocation of the facility(s).
(M) Maintenance of facilities. Users shall monitor, maintain and repair their facilities in the PROW to assure that they function in a safe manner and do not create a risk to persons or property. To allow adequate public notification, users shall notify the Department at least 48 hours in advance of maintenance and repair work that may disrupt or impede the use of the PROW or its use, including the nature and scope of the work and the estimated duration of the disruption or impedance.
(N) Removal of facilities in the PROW. Facilities placed in the PROW without authorization and all required currently valid permits, and facilities for which a license or franchise has expired, shall be removed upon order of the city. In addition, all abandoned facilities, or facilities that do not function as intended for 90 consecutive calendar days, shall be removed by their owner. If facilities that are required to be removed are not removed within 14 calendar days of notice by the city, the city may remove them or have them removed, with the cost of removal to be borne by the holder of the authorization or owner of the facility(s).
(O) Third party use. Authorized and properly permitted users shall allow other authorized users of the PROW to utilize available space in or on the user’s facilities upon reasonable terms and charges or as otherwise proscribed by the state or federal government. For private investor-owned facilities only, charges calculated in accordance with § 224 of the Communications Act of 1934, as amended, 47 U.S.C. § 224 shall constitute reasonable charges for pole attachments.
(P) Certificate of completion. An application for the modification of a facility, for attachments to a pole or other support structure, or to place a ground-mounted equipment enclosure(s), shall contain a copy of the COC issued for the last previous work at that location or on that Facility that required a final inspection and the issuance of a COC. Such an application will not be deemed complete without such previously issued COC.
(Q) Failure to apply for and be granted an authorization and/or to obtain a certificate of completion. Failure to apply for and be granted an authorization and/or a COC, each as required under this chapter, shall result in the appropriate party being required, as appropriate, to:
(1) Apply for and be issued an authorization; and/or
(2) Obtain a COC prior to any further work being performed at the location or facility.
(R) Rubber stamping prohibited. As no two locations or facilities are identical and many are not even substantially the same, it shall be impermissible for an application for an authorization issued under this chapter to be rubber stamped by any Department of the city, and each facility and location, whether applied for individually, or as part of a consolidated application pursuant to § 157.12(I)(2), shall be individually reviewed and analyzed in a meaningful manner so as to identify any issues or matters of concern and for compliance with all applicable laws, rules, regulations, ordinances, codes and accepted practices.
(Ord. 2017-O-55, passed 9-12-2017)