Chapter 12.26
SMALL WIRELESS TELECOMMUNICATION FACILITIES
Sections:
12.26.050 Wireless telecommunication facilities.
12.26.080 Logo, decals, flashing lights, and RF warning sticker.
12.26.090 Conduit and cabling.
12.26.100 Equipment and structure finishes.
12.26.120 Trees and vegetation.
12.26.130 Removal and disposal of obsolete equipment.
12.26.140 Severability – Savings.
12.26.005 Control of public right-of-way.
Repealed by Ord. 2021-03. (Ord. 2019-28 § 1)
12.26.010 Permitting process.
A network provider shall comply with the following permitting process when seeking to install small wireless telecommunication facilities (“wireless facilities”) in the public right-of-way (ROW):
A. Obtain a city of Lincoln City franchise or license; and
B. Obtain a public works permit; and
C. File a land use application, where applicable. (Ord. 2019-28 § 1)
12.26.020 General provisions.
A. “Network provider,” for the purposes of these standards, refers to the owner or operator of a small wireless telecommunication facility.
B. “Small wireless facilities” (also known as “wireless facilities”), for the purposes of these standards, includes any pole, conduit/cabling, antenna, cabinets, equipment or other materials used for the provision of such small wireless services.
C. A network provider shall construct and maintain wireless facilities in a manner that does not:
1. Obstruct, impede or hinder the usual travel or public safety on the public ROW.
2. Obstruct the legal use of the public ROW by other providers.
3. Violate or conflict with any laws, including but not limited to the city of Lincoln City ordinances or standards.
4. Obstruct, impede, or hinder any operations of the city’s infrastructure or systems, including but not limited to city wireless equipment, street light equipment, traffic signal equipment, etc.
5. Any items installed after the initial application will require an additional approval process with the city through a public works permit. Newly installed or updated equipment will be required to comply with any currently adopted standards at the time of installation.
6. Poles within the ROW will be categorized as follows:
a. Street Light Poles. Poles that include a street light. A network provider may upgrade (or replace) an existing street light pole in the same location for height or foundation requirements to support their wireless facilities without being considered a network provider pole.
b. Utility Poles. To be classified as a utility pole, the pole may not have a street light on it or be installed by a network provider for the sole purpose of providing wireless facilities. A network provider may upgrade (or replace) an existing utility pole in the same location for height or foundation requirements to support their wireless facilities without being considered a network provider pole.
c. Network Provider Poles. These poles serve only the network provider and are installed solely for the purpose of housing wireless facilities; such poles are not necessary or desirable and shall not be installed in the right-of-way in the first instance; that is, the network provider shall first examine the feasibility of co-locating small wireless facilities on the numerous existing utility or light poles in the city (including upgrade and replacement options above) before siting a network provider pole in the right-of-way. When such placement is necessary for the proper operation and maintenance of the telecommunications network, such poles shall be designed to internally conceal and hold all wireless facilities equipment and shall be made to resemble standard light poles or standard utility poles, to the maximum extent feasible.
7. In locations where a new or replacement street light or utility pole is installed, the city requires the pole be designed to internally conceal and hold all wireless facilities equipment.
8. In instances where an existing pole is located in the desired location, and the existing pole is shown to be structurally sound to support the proposed network equipment and sealed by a licensed professional structural engineer in the state of Oregon, the wireless facilities may attach to the existing pole so long as every effort is made to conceal the equipment inside the pole. In the event the proposed equipment cannot reasonably fit within the existing pole itself, and with the approval of the city engineer, the wireless facilities shall be installed consistent with LCMC 12.26.050. A network provider will work with the city and private utility providers to replace existing utility or street light poles with a new utility or street light pole which conceal wireless facilities inside the pole.
9. Any newly installed street light and power poles shall be standard metal poles such as the standard Pacific Power pole and standard Pacific Power light pole, the specifications for which may be approved by resolution of the city council.
10. There shall be no surface mounted conduit or exposed wiring on any exterior surface of the supporting pole, except when wireless facilities are installed on a utility pole.
11. There shall be no more than one network provider on any one pole.
12. Wireless facilities installed on a street light pole must connect to a Pacific Power power source that is separate from the power supply to the street light pole.
13. Aerial cable spans or aerial span power connections are not permitted, except for on utility poles where the existing power supply is aerial.
14. Network provider installations are limited within the public ROW to installation (in order of priority) on:
a. Street light poles.
b. Utility poles.
c. Network provider poles which upgrade or replace utility poles or street light poles.
d. Network provider poles made to look like standard utility or street light poles.
15. Network providers are required to send the city of Lincoln City a geographical information system (GIS) file of all current installations within the city’s geographical boundary and ROW on an annual basis. Current installations are defined as those that are active/in use or contain installed equipment waiting to be activated. Data in the GIS file must include locational coordinates, facility type, support type, mounting height, installation date, Pacific Power pole ID (where applicable) and other data the city deems necessary for inventory management.
16. Complete construction plans for the proposed infrastructure must be submitted through a public works permit application and bundled into a single PDF file, formatted to 11-inch by 17-inch sheets, sealed by a professional engineer licensed in the state of Oregon, and including:
a. Each pole represented by a set of plans within the overall file, designed so that if any single pole is removed from the application, the remaining plan set remains valid. Overall sheets including details and notes are encouraged.
b. Structural analysis for each identified pole sealed by a professional engineer in the state of Oregon indicating the pole and foundation can handle the proposed equipment load and, where an existing pole is utilized, any existing loading. Street light pole analysis must also be approved by Pacific Power. Utility pole analysis must also be approved by the utility pole owner.
c. Electrical load analysis showing that the existing transformer, circuit and any associated wiring can handle the additional demand from the proposed equipment, or any proposed upgrades as needed, and approval of the design by Pacific Power.
d. Each plan set shall include the following:
i. A cover sheet containing a scaled city map including all pole locations included in the subject application, a list of each pole location including GPS coordinate, Pacific Power pole ID (where applicable) or utility pole owner ID, and a legend of all sheets.
ii. A page for each specific pole location referenced with pole title, name, location information, Pacific Power pole ID (where applicable) or utility pole owner ID, and photograph of the proposed location of the pole.
iii. “Required Notes for Each Set of Pole Plans” only if unique to the location and as such cannot be part of overall sheet notes.
iv. Labeled and dimensioned site plan and elevation plan, including the following as applicable:
(A) Key symbols, ROW lines, property lines, etc.;
(B) Street information including names, curb-lines, sidewalk, street amenities, vegetation, existing and proposed utilities;
(C) Identification of immediately adjacent property uses and public easements;
(D) Structural plans for pole and associated foundations that reference structural calculations and include depth, diameter, grounding, reinforcing, and foundation information as necessary;
(E) Labeled construction materials, color, finish, etc.;
(F) Pole dimensions and total maximum height from adjacent grade;
(G) Size and dimension of any projection(s) from pole;
(H) Detail of proposed communication conduit and electrical connection location;
(I) Typical conduit/duct bank installation section detail;
(J) All existing utilities, including but not limited to:
(1) Storm and sanitary sewer pipes and appurtenances;
(2) Any utilities 24 inches and greater depicted as double lines;
(3) Gas line (indicate size, high pressure, services, etc.);
(4) Electric lines (indicate power pole number, anchor pole, overhead line, and duct bank in actual dimensions);
(5) Water infrastructure including valves, fire hydrants, etc.;
(6) Adjacent private service line locations where known;
(K) Certification for each proposed site showing the wireless telecommunication facility operates within radio frequency exposure guidelines as established by the FCC.
v. Once installation is complete, the applicant is required to provide the city with a complete set of as-built drawings meeting the same information and requirements as the application set outlined in this subsection (C)(16) but updated for any approved changes that occurred in the field. (Ord. 2019-28 § 1)
12.26.030 Location.
A. All wireless facilities shall be located to avoid any physical or visual obstruction to pedestrian or vehicle traffic, or in any manner create safety hazards to pedestrians, bicyclists or motorists.
B. All wireless facilities shall be positioned to not encroach or effectively narrow the clear path of any pedestrian, bicycle, or roadway facility.
C. Where a new pole is installed, or an existing pole replaced, that is located where disruption may occur to an identified pedestrian travel way (i.e., sidewalk, ramp, etc.), the network provider is required to replace/upgrade any disturbed or impacted area to be compliant with the Americans with Disabilities Act and city of Lincoln City design and construction standards.
D. Wireless facilities proposed to be sited in the ROW shall be sited according to the following priorities, in descending order of preference. If the priority is not followed, the owner must provide evidence why a higher priority location is not practical for use. For purposes of this subsection, streets shall have the classification set forth in the Lincoln City transportation system plan.
1. First priority: principal arterials;
2. Second priority: arterials;
3. Third priority: collectors;
4. Fourth priority: neighborhood routes;
5. Fifth priority: local residential streets.
E. Wireless facilities shall not be sited in a manner which interferes with city right-of-way or utility improvements. Wireless facilities must be relocated at the network provider’s expense when expansion of street or city utility improvements requires the relocation of the supporting pole. (Ord. 2019-28 § 1)
12.26.040 Separation.
A. The separation between wireless facilities and city of Lincoln City technology shall be a minimum of 300 feet. The city engineer may provide an exception to this standard if the network provider is able to demonstrate that their wireless facilities do not create any disruption or degradation in the service of the city wireless technology. If disruption is identified at any future date, the city reserves the right to require the network provider to mitigate the issue and restore the city wireless technology back to full operational capacity.
B. In residential areas, the wireless facilities shall be located where the shared property line between two residential parcels intersects the public ROW, where technically feasible.
C. A wireless telecommunication facility shall not be located in front of a building entrance or exit. (Ord. 2019-28 § 1)
12.26.050 Wireless telecommunication facilities.
A. Cabinets and Equipment.
1. Where wireless facilities are installed in the location of an existing street light pole, and the additional structural load cannot be accommodated by the existing street light pole and foundation, a new street light pole and foundation shall be installed and all equipment shall be concealed and located inside the pole, except for the antenna.
2. Where wireless facilities are installed and the additional structural load can be accommodated by the existing street light pole and foundation, every effort must be made to conceal the equipment inside the pole. In instances where the proposed equipment cannot reasonably be accommodated within the existing pole, the wireless facilities shall be concealed or enclosed in an equipment box, cabinet or other unit that may include ventilation openings as follows:
a. The network provider shall not install ground mounted cabinets or other equipment;
b. The base of all cabinets and equipment attached to poles shall be installed at least eight feet above the ground, and if any wireless facilities are projecting toward the street or bicycle facilities, for the safety and protection of the public and vehicular traffic, the base of the attachment shall be installed no less than 17 feet above the bicycle facility or street;
c. No protrusion from the outer circumference of the pole shall be more than 18 inches;
d. The color of all cabinets and equipment shall match its location;
e. The total volume of all installed equipment external to the pole (including but not limited to cabinets, vaults, boxes, antennas) shall not exceed 28 cubic feet. This maximum applies to all equipment installed at the time of original application and includes any equipment to be installed at a future date. If a network provider wishes to install cabinets and equipment that exceed these limitations, the installation will be subject to the wireless communication facilities provisions of LCMC 17.52.270 and all the associated standards for such facilities will be applied;
f. Equipment shall be orientated away from nearby residential windows, doorways and entrances, to the extent practical;
g. Where permitted, equipment located on poles must be attached with stainless steel banding sized to support the required equipment load, unless the network provider provides documentation that the pole owner approves of an alternative means and the alternative means is shown structurally sound by the licensed professional engineer;
h. Equipment shall not be placed adjacent to the walkway in a manner that diminishes the usability of the pedestrian walkway.
3. Where wireless facilities are installed on a new network provider pole (including replacement utility or street light poles), the network provider pole and foundation shall be installed and all equipment shall be concealed and located inside the pole, except for the antenna.
4. Where wireless facilities are installed in the same location of an existing utility pole, and either the existing utility pole or a newly installed utility pole and foundation are used, the installation must also comply with the following criteria:
a. For new utility poles only, the new installation may be fabricated using the same material, or better, as the pole to be replaced (i.e., an existing wood pole may be replaced with a wood pole, or better pole);
b. In instances where a new pole is fabricated using the same material as the existing pole, and the existing pole is solid in nature, wiring may be externally mounted. If the pole is not solid in nature (i.e., is partially hollow) all wiring must be internally contained;
c. The network provider shall not install ground mounted cabinets or other equipment;
d. The base of all cabinets and equipment attached to poles shall be installed at least eight feet above the ground, and if any wireless facilities are projecting toward the street or bicycle facilities, for the safety and protection of the public and vehicular traffic, the base of the attachment shall be installed no less than 17 feet above the bicycle facility or street;
e. The color of all cabinets and equipment shall match its location;
f. The total volume of all installed equipment external to the pole (including but not limited to cabinets, vaults, boxes, antennas) shall not exceed 28 cubic feet. This maximum applies to all equipment installed at the time of original application and includes any equipment to be installed at a future date. If a network provider wishes to install equipment that exceeds this maximum, the installation will be subject to the wireless communication facilities provisions of LCMC 17.52.270 and all the associated standards for such facilities will be applied;
g. Equipment shall be orientated away from nearby residential windows, doorways and entrances, to the extent practical;
h. Where permitted, equipment located on poles must be attached with stainless steel banding sized to support the required equipment load, unless the network provider provides documentation that the pole owner approves of an alternative means and the alternative means is shown structurally sound by the licensed professional engineer;
i. Equipment shall not be placed adjacent to the walkway in a manner that diminishes the usability of the pedestrian walkway.
5. If a network provider wishes to install cabinets and equipment that exceed these limitations, the installation will not be permitted in public right-of-way and wireless communication facilities provisions of LCMC 17.52.270 and all the associated standards for such facilities will be applied.
B. Antennas.
1. Antennas shall be built into any newly installed poles.
2. Where the network provider has demonstrated an existing pole can be used, the antenna must be mounted to existing pole in a manner that preserves the structural integrity and aesthetics of the pole and painted to match the existing pole.
3. Antenna structure may not exceed:
a. Maximum 10 feet in height;
b. Maximum diameter/width of 12 inches; and
c. Maximum three cubic feet in volume.
d. If a network provider wishes to install antennas that exceed these limitations, the installation will be subject to the wireless communication facilities provisions of LCMC 17.52.270 and all the associated standards for such facilities will be applied.
4. For equipment that includes a GPS antenna, integrate the GPS antenna into the same cylindrical shape on top of the main antenna in order to form the appearance of a single unit.
5. Panel antennas are not permitted, unless the network provider provides evidence as to why a cylindrical antenna is not technically feasible.
6. Pole top antenna mounts should not appear offset from the pole.
7. If a network provider wishes to upgrade or replace their antenna at any point during their permitted use of the right-of-way, they must remove any existing antenna which is not in use. (Ord. 2019-28 § 1)
12.26.060 Poles.
A. Newly installed street light, utility poles, or network provider poles (including those replacing and upgrading street lights or utility poles) must be designed to be consistent in size, color, and character with the existing street lighting within the project area or block face. This includes tapering the poles so they have the appearance of street lighting.
B. Newly installed poles that include street lighting must be submitted with an accompanying photometric analysis that meets the Illuminating Engineering Society (IES) RP-08-14 for street lighting. The photometric analysis must be sealed by a professional engineer in the state of Oregon.
C. The maximum diameter of any network provider installed pole shall not exceed four and one-half feet.
D. Newly installed poles must be set back from curbs, offset from driveways and offset from street trees.
E. Newly installed poles, or poles that are replaced in any manner, and accessory equipment, cannot be located within 10 feet of any energized line. Installation will conform to OAR 437-002-0047 and 437-002-2316.
F. Caution shall be exercised during design and installation of newly installed poles so they do not interfere or conflict with existing building overhangs and awnings.
G. Newly installed or replaced utility, street light, or network provider poles must use breakaway technology. (Ord. 2019-28 § 1)
12.26.070 Electrical service.
A. The network provider shall be responsible for coordinating with Pacific Power for electrical service to the wireless telecommunication facility. The city shall not be liable to the network provider for any stoppages or shortages of electrical power furnished to the wireless facilities, including, without limitation, stoppages or shortages caused by any act, omission or requirement of a public utility serving the structure or the act or omission of any other tenant or network provider of the structure, or for any other cause beyond the control of the city.
B. The network provider shall not receive power via a service used to supply power to any street lights, traffic signals, or other city asset without accompanying documentation from Pacific Power that demonstrates to the city’s satisfaction that measures are in place to ensure the city and network provider usages are tracked separately for billing purposes.
C. Meter and other enclosures shall match the infrastructure that it is attached to and shall be maintained, including regular painting and use of a graffiti-resistant paint. For all work in the right-of-way, network provider must comply with Chapter 12.12 LCMC (Public Works Permit) and applicable codes adopted in Chapter 15.04 LCMC.
D. Disconnect switches must be present and accessible by city and local utility staff for each wireless telecommunication facility installation and shall be stacked above or below the meter, instead of attached to the side of the meter.
E. Electric meters and disconnect switches shall be located as required by the city and local utility company. Electric meters and disconnect switches shall not be located on the side of the pole that faces the sidewalk.
F. All electrical service conduit and wiring shall be located inside the pole.
G. A network provider shall not allow or install generators or backup generators in the public right-of-way. (Ord. 2019-28 § 1)
12.26.080 Logo, decals, flashing lights, and RF warning sticker.
A. The network provider shall post its name, identifying information, permit number and 24-hour emergency telephone number in an area of the wireless telecommunication facility that is visible to the public. Signage required under this section shall also comply with FCC requirements.
B. All equipment manufacturer decals shall be removed. Except as required by law or by the utility pole owner, network provider may not post any signage on the wireless facilities.
C. Equipment may not have static or flashing lights that are visible when the enclosures are closed.
D. Equipment related features (e.g., cooling system fans) shall not exceed 50 decibels during the day and 40 decibels at night. (Ord. 2019-28 § 1)
12.26.090 Conduit and cabling.
A. Electrical systems for wireless facilities located within street light poles shall be contained in a dedicated conduit labeled to identify its dedicated use for wireless facilities.
B. All conduit runs must be marked with an underground marking tape per Section 00960.42(e) of the Oregon Standard Specifications for Construction and contain locate wires.
C. All conduits shall be Schedule 40 PVC and all elbows shall be fiberglass.
D. Install bushings on all conduit ends and seal the ends with an approved conduit plug.
E. All in-ground conduit must be located in the public utility easement (PUE) where available.
F. Where the network provider plans to install fiber optic cable as part of their wireless facilities installation, the city may, at its discretion, request that the network provider install dedicated conduit, fiber, and associated equipment on behalf of the city for which the city will reimburse the network provider their documented costs. (Ord. 2019-28 § 1)
12.26.100 Equipment and structure finishes.
A. Pole colors shall match the existing street light pole color scheme.
B. The antennas, mounting brackets, PVC, steel risers, strap, or other materials used in installation must match the color of the infrastructure to which it is attached, unless otherwise approved by the city engineer.
C. Poles and associated wireless facilities equipment shall be prepared and powder coated consistent with Section 00593 of the 2018 ODOT Standard Specifications. (Ord. 2019-28 § 1)
12.26.110 Graffiti abatement.
As soon as practical, but not later than 10 calendar days from the date that the network provider receives notice thereof, network provider shall remove all graffiti on any of its wireless facilities and related equipment located in the right-of-way. The foregoing shall not relieve the network provider from complying with any city graffiti or visual blight ordinance or regulation. For all work in the right-of-way, network provider must comply with Chapter 12.12 LCMC and codes adopted under Chapter 15.04 LCMC. (Ord. 2019-28 § 1)
12.26.120 Trees and vegetation.
A. Except in cases where normal tree or vegetation trimming is necessary to ensure the safe operation of the communications service or to protect the network provider’s wireless facilities, the removal, cutting, marring, defacing or destruction of any trees or other vegetation (other than grass) by network providers within the right-of-way is prohibited.
B. All such normal tree or vegetation trimming by the network provider must be performed in accordance with the requirements of LCMC 17.52.220. (Ord. 2019-28 § 1)
12.26.130 Removal and disposal of obsolete equipment.
As soon as practical, but not later than 30 calendar days from the date that the network provider discontinues use of equipment due to obsolescence or for any other reason, said equipment shall be removed from the pole if such equipment is located on the exterior of the pole. Such equipment shall be properly disposed of and such disposal shall be documented. For all work in the right-of-way, network provider must comply with Chapter 12.12 LCMC and codes adopted under Chapter 15.04 LCMC. (Ord. 2019-28 § 1)
12.26.140 Severability – Savings.
If the standards of this chapter or LCMC 17.52.270 are found in some particular not to comply with state and/or federal laws or regulations, the standards shall be interpreted as to be fully applicable except for the conflicting provisions, which shall be applied to the maximum extent permitted under federal and state law. (Ord. 2019-28 § 1)