Chapter 3.44
SMALL WIRELESS FACILITIES
Sections:
3.44.030 Permitted use – Application and fees.
3.44.040 Action on administrative permit applications subject to this chapter.
3.44.050 Small wireless facilities in the right-of-way – Maximum height – Other requirements.
3.44.060 Effect of construction/work permit.
3.44.010 Purpose and intent.
The purpose and intent of this chapter is to:
A. Establish reasonable and nondiscriminatory policies and procedures for the placement of small wireless facilities in rights-of-way within the city’s boundaries, which will provide public benefit consistent with the preservation of the integrity, safe usage, and reasonable aesthetic qualities of the city rights-of-way and the city as a whole.
B. Establish uniform standards consistent with federal law to address the placement of small wireless facilities and associated poles in the rights-of-way, including, without limitation, to manage the public rights-of-way in order to:
1. Prevent interference with the use of streets, sidewalks, alleys, parkways, and other public ways and places;
2. Prevent the creation of obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
3. Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
4. Protect against environmental damage, including damage to trees;
5. Preserve the character of the community, historic districts or areas with decorative poles; and
6. Facilitate technology advancements, such as deployment of small wireless facilities, to provide the benefits of wireless services.
C. In the event of a conflict between this chapter and any other chapter in the Eagle Point Municipal Code, the provisions of this chapter shall govern. [Ord. 2023-01 § 1 (Exh. A)].
3.44.020 Definitions.
“Antenna” means the same as defined in 47 C.F.R. § 1.6002(b), as may be amended or superseded. The term includes an apparatus designed for the purpose of emitting radio frequencies (RF) to be operated or operating from a fixed location, pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15.
“Antenna equipment” means the same as defined in 47 C.F.R. § 1.6002(c), as may be amended or superseded, which defines the term to mean equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna and, when collocated on a structure, is mounted or installed at the same time as such antenna.
“Antenna facility” means the same as defined in 47 C.F.R. § 1.6002(d), as may be amended or superseded, which defines the term to mean an antenna and associated antenna equipment.
“Applicable codes” means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or state or local amendments to those codes that are of general application and consistent with state and federal law.
“Applicant” means any person who submits an application as or on behalf of a wireless provider.
“Application” means requests submitted by an applicant (1) for permission to collocate small wireless facilities; or (2) to approve the installation, modification or replacement of a structure on which to collocate a small wireless facility in the rights-of-way, where required.
“City structure” means a structure located in the rights-of-way within the city’s jurisdictional boundaries that is owned, managed or operated by the city or any subdivision or instrumentality thereof, including municipal electric utilities (including, but not limited to, streetlights, traffic signals, utility poles, and buildings).
“Collocate” means the same as defined in 47 C.F.R. § 1.6002(g), as may be amended or superseded, which defines that term to mean (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. “Collocation” has a corresponding meaning.
“Day” means calendar day. For purposes of the FCC shot clock, if the last day falls on a holiday or weekend, the last day shall be deemed to be the next immediate business day.
“Decorative pole” means a city structure that is specially designed and placed for aesthetic purposes.
“Historic district” means a group of buildings, properties, or sites that are either: (1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register in accordance with Sections VI(D)(1)(a)(i) through (v) of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C; or (2) a locally designated historic overlay or district as of the effective date of this chapter or in a locally designated historic overlay or district existing when an application is submitted.
“Permissions” means all licenses, permits, and other entitlements required by the city of Eagle Point for small wireless facilities.
“Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the city.
“Pole” means a type of structure in the rights-of-way that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or similar function, or for collocation of small wireless facilities; provided, such term does not include a tower, building or electric transmission structures.
“Rights-of-way,” “rights of way,” “right-of-way,” “right of way,” or “ROW” shall have the same meaning as in EPMC 3.40.040(I).
“Routine maintenance” means inspections, testing, repair, and modifications subject to Section 6409(a) of the Spectrum Act that maintain functional capacity, aesthetic and structural integrity of a small wireless facility and/or the associated pole or structure.
“Small wireless facility” means a facility that meets each of the following conditions per 47 C.F.R § 1.6002(l), as may be amended or superseded:
1. The facilities (a) are mounted on structures 50 feet or less in height including the antennas, or (b) are mounted on structures no more than 10 percent taller than other adjacent structures, or (c) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; and
2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
3. All other wireless equipment associated with the structure, including wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume; and
4. The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
“Structure” means the same as defined in 47 C.F.R. § 1.6002(m), as may be amended or superseded, which defines that term as a pole, tower, or base station, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of service).
“Wireless infrastructure provider” means any person or entity, including a person or entity authorized to provide communications service in the state, that builds or installs wireless communication transmission equipment or wireless facilities, but that is not a wireless services provider.
“Wireless provider” means a wireless infrastructure provider or a wireless services provider.
“Wireless services provider” means a person or entity who provides personal wireless services (whether or not it is commingled with other services). [Ord. 2023-01 § 1 (Exh. A)].
3.44.030 Permitted use – Application and fees.
A. Permitted Use. The following uses within the rights-of-way shall be a permitted use, subject to compliance with the city’s applicable design standards, administrative review only and issuance of a permit as set forth in this chapter: (1) collocation of a small wireless facility on a city structure or third-party-owned pole; and (2) placement of a new, modified, or replacement pole to be used for collocation of a small wireless facility.
B. Permissions Required. Except as otherwise provided in this chapter, no person shall place any small wireless facility in the rights-of-way without first filing an application for the facility and obtaining all requisite approvals.
C. Application Requirements. An application filed pursuant to this chapter shall be made by the wireless provider or its duly authorized representative and shall contain the following:
1. The applicant’s name, address, telephone number, and email address;
2. The names, addresses, telephone numbers, and email 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. A general description of the proposed small wireless facility and associated pole, if applicable. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;
4. Site plans and engineering drawings to scale that identify the proposed small wireless facility;
5. A statement or other demonstration that the small wireless facility shall comply with all applicable codes, regulations and standards, including applicable FCC regulations for human exposure to RF emissions;
6. The application requirements shall not be more burdensome than those for any other person performing similar activities, regardless of technology, in the right-of-way.
D. Routine Maintenance and Replacement. An application shall not be required for: (1) routine maintenance; or (2) the replacement of a small wireless facility with another small wireless facility that is the same, substantially similar or smaller in size and weight and height. The city may require a permit for work within the right-of-way. Such a permit must be issued to the applicant on a nondiscriminatory basis upon terms and conditions applied to any other person performing similar activities, regardless of technology, in the right-of-way.
E. Application Fees.
1. Five hundred dollars for a single up-front small wireless facility (SWF) application that includes up to five SWF with an additional $100.00 for each SWF beyond five;
2. Two hundred seventy dollars per SWF per year for all recurring fees, including any possible ROW access fee or fee for attachment to city-owned structures in the ROW; and
3. One thousand dollars for nonrecurring fees for a new pole. [Ord. 2023-01 § 1 (Exh. A)].
3.44.040 Action on administrative permit applications subject to this chapter.
A. The city may deny an application subject to this chapter if the proposed small wireless facility or new, modified, or replaced pole:
1. Materially interferes with the safe operation of traffic control equipment; or
2. Materially interferes with sight lines or clear zones for transportation or pedestrians; or
3. Materially fails to comply with the Americans with Disabilities Act or similar federal, state, or local laws, standards and regulations regarding pedestrian access or movement; or
4. Fails to comply with applicable codes, standards and regulations, including but not limited to the city’s design standards; or
5. Fails to comply with the provisions in this chapter.
B. The city must act on an application within the applicable shot clock and provide written notice to the applicant if the application is denied. The written notice shall state the reasons for denial, with reference to specific code provisions, ordinance, application instruction or otherwise publicly stated procedures on which the denial was based and be sent to the applicant within five days after the city denies the application or before the applicable shot clock expires, whichever occurs first. [Ord. 2023-01 § 1 (Exh. A)].
3.44.050 Small wireless facilities in the right-of-way – Maximum height – Other requirements.
A. City Structures. Subject to the EPMC and applicable design standards, a wireless provider is permitted to collocate on city structures when necessary to collocate a small wireless facility, so long as such collocation does not impair the function or aesthetics of the city structure.
B. Decorative Poles. Subject to the EPMC and applicable design standards, a wireless provider is permitted to collocate on or replace a decorative pole when necessary to collocate a small wireless facility; provided, that any such replacement pole shall, to the extent feasible, replicate the design of the pole being replaced.
C. Historic Districts. Small wireless facilities or poles to support collocation of small wireless facilities located in the historic overlay district shall be designed to have a similar appearance, including coloring and design elements, of other poles in the rights-of-way within 350 feet of the proposed installation. The determination of design similarity shall be made at the time of permit review by the city’s community development director or other designee, and based on the criteria in Chapter 17.44 EPMC and any other applicable criteria. Any design or concealment measures may not be considered part of the small wireless facility for purpose of the size restrictions in the definition of small wireless facility. [Ord. 2023-01 § 1 (Exh. A)].
3.44.060 Effect of construction/work permit.
A. Authority Granted. No property right or other interest is created. A permit from the city authorizes an applicant to undertake only certain activities in accordance with this chapter and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the rights-of-way.
B. Permit Duration. A permit for construction granted pursuant to this section shall be valid for a period of 180 days after issuance unless the city agrees to extend this period for good cause, including but not limited to delay caused by the lack of commercial power or communications facilities, or by other events outside of the reasonable control of the wireless provider. [Ord. 2023-01 § 1 (Exh. A)].
3.44.070 Relocation.
Small wireless facilities are subject to the relocation provisions of Chapter 3.40 EPMC. [Ord. 2023-01 § 1 (Exh. A)].