Chapter 23.50
SMALL WIRELESS COMMUNICATIONS FACILITIES
Sections:
23.50.020 Franchise application.
23.50.030 Right-of-way permits for small cell deployment.
23.50.040 Liability insurance.
23.50.070 Application review process.
23.50.080 Application withdrawal.
23.50.090 Permit requirements.
23.50.110 Design zones (underground areas).
23.50.120 General requirements.
23.50.130 Wooden utility pole design standards.
23.50.140 Small cell facilities located on nonwooden utility poles.
23.50.150 Small cell facilities attached to existing buildings.
23.50.160 Strand-mounted small cell facilities.
23.50.170 Design areas standards.
23.50.010 Purpose.
The purpose of this chapter is to manage the City’s rights-of-way during the deployment of distributed antenna system networks throughout the City in a thoughtful manner which balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment while complying with the requirements of State and Federal law. Small cell facilities are permitted in all zoning districts in the City, subject to the following special requirements and performance standards. Except for UPMC 23.45.020, Definitions, Chapter 23.45 UPMC shall not apply to small cell facilities. The application and records process described in Chapter 23.45 UPMC shall not apply to the processing of small cell permit applications.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.020 Franchise application.
Applicants for a small cell facility franchise shall apply using the City’s franchise application form and submit a fee according to the City fee schedule. The Director of the Department of Community and Economic Development is charged with administration of small cell deployments and other wireless communication review processes established under this chapter. All franchise applications shall designate the entire City right-of-way as the franchise boundary. Small cell facility franchises shall comply with all provisions of Chapter 23.20 UPMC, Franchise, excluding the time frames for issuance under UPMC 23.20.030. Small cell facility franchises shall be issued as provided herein.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.030 Right-of-way permits for small cell deployment.
The rights granted under the franchise are implemented through the issuance of right-of-way permits. The franchise application may be accompanied by one or more applications for a right-of-way permit to deploy small cells. An initial franchise and all related right-of-way permit applications shall be processed concurrently.
A. Administrative review of a small cell right-of-way permit may occur in parallel with the franchise agreement approval process; provided, however, that the small cell permit will not be issued until the applicant receives a franchise agreement with the City.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.040 Liability insurance.
Liability insurance naming the City of University Place as an additional insured, in amounts the City Manager shall determine are sufficient to provide protection for the City, but not less than $1,000,000 is required.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.050 Definitions.
See Chapter 23.45 UPMC for definitions applicable to this chapter.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.060 Application.
A. The following information shall be provided by all applicants for a small wireless facility permit:
1. Specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, or replacement or new pedestrian poles, existing buildings and/or other structures outside the right-of-way. Ground-mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deployment shall also be specified regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards, shall be provided by the applicant.
2. The application shall have sufficient detail to identify:
a. The location horizontally and vertically of all overhead and underground utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area.
b. The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction.
3. The construction drawings shall also include the applicant’s plan for electric and fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small cell facility, to the extent to which the applicant is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant’s construction drawings will include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain fiber and electric service to the small cell facility.
4. Compliance with the aesthetic requirements of this chapter.
5. The applicant must show written approval from the owner of any pole or structure for the installation of its small cell facilities on such pole or structure. Such written approval shall include approval of the specific pole, engineering and design standards from the pole owner, unless the pole owner is the City. Submission of the lease agreement between the owner and the applicant is not required. For City-owned poles or structures, the applicant must obtain a lease from the City prior to or concurrent with the small cell facility permit application and must submit as part of the application the information required in the lease for the City to evaluate the usage of a specific pole.
6. If the site location includes a new replacement light pole, then the applicant must submit a photometric analysis of the roadway and sidewalk within 150 feet of the existing light.
7. Any application for a small wireless facility located in the right-of-way adjacent to a parcel zoned for residential use shall demonstrate that the applicant has evaluated the following:
a. Whether a small wireless facility is currently installed on an existing pole in front of the same residential parcel. If a small wireless facility exists, then the applicant must demonstrate that no technically feasible alternative location exists which is not in front of the same residential parcel.
b. Whether the proposed small wireless facility can be screened from residential view by choosing a pole location that is not directly in front of a window or views. The applicant must demonstrate that no technically feasible alternative location exists which is not directly in front of a window or views.
8. Any application for a small cell permit which contains an element which is not exempt from SEPA review shall submit an environmental checklist under Chapter 43.21C RCW and Chapter 17.40 UPMC. Further, any application proposing small cell facilities in shoreline management zones (UPMC Title 18) or in critical areas (UPMC Title 17) must indicate that the application is exempt or complies with the review processes in such codes.
9. The applicant shall submit a sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the small cell deployment will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small cell facility will operate. If additional transmission facilities necessary to the small cell facility, such as microwave backhaul, are to be provided by a third party, then the small cell permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions of the entire installation. The applicant may provide one emissions report for the entire small cell deployment if the applicant is using the same small cell facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch.
10. The applicant shall provide proof of FCC and other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed.
11. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that the construction plans of the small cell facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads or, in the case of a utility-owned structure, provide written confirmation that the pole will support the additional loads.
12. A right-of-way permit as required by UPMC 13.05.530 including a traffic control plan and information for right-of-way obstruction permit. If located in a residential zone the City shall provide public notice in accordance with UPMC 22.05.060(A)(1) and (B).
13. Proof of a valid University Place business license.
14. An email contact and telephone number for public comment as provided.
15. Applicants shall submit a traffic control plan and information for right-of-way obstruction permit.
16. Such other information as the Director, in his/her discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations.
17. Recognizing that small cell facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the technological and structural safety of City-owned structures and to formulate and publish application questions for use when an applicant seeks to attach to City-owned structures.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.070 Application review process.
A technical review committee (TRC) meeting is encouraged prior to applying for a small cell permit. The purpose of a TRC meeting is to discuss the nature of the proposed deployment of the small cell network, review process and schedule, and applicable plans, policies and regulations.
A. Applications filed under this chapter shall be numbered consecutively in the order of their filing and shall become a part of the official records of the City. Copies of all notices, application materials, staff reports, and actions shall state the file number and be filed with the application.
B. The City shall make reasonable efforts to issue the small cell permit in a time period that adheres to the presumptively reasonable periods of time set by the FCC and also consistent with any conflicting provisions of State or Federal law, and the preservation of the City’s health, safety and aesthetic environment.
C. Administrative review of a small cell permit may occur in parallel with the lease process; provided, however, that the small cell permit will not be issued until the applicant is granted a lease.
D. The applicant can batch multiple small wireless facility sites in one application. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area.
E. Up to 20 sites may be specified in one right-of-way permit application for processing. At the discretion of the Director, up to five additional sites may be included in order to consider small cell sites within one service area in one application.
F. Issuance of a right-of-way permit to install a small cell deployment shall be contingent upon approval of a franchise or the possession of a valid franchise.
G. Review of Facilities. Review of the site locations proposed by the applicant shall be governed by the provisions of 47 USC Sections 253 and 332 and applicable case law. Applicants for franchises and the right-of-way permits which implement the franchise shall be treated in a competitively neutral and nondiscriminatory manner with other service providers utilizing supporting infrastructure which is functionally equivalent; that is, service providers whose facilities are similarly situated in terms of structure, placement or cumulative impacts. Franchise and right-of-way permit review under this chapter shall neither prohibit nor have the effect of prohibiting the ability of an applicant to provide telecommunications services.
H. Any applicant may revise an application. Such revision shall be deemed to supersede the prior application documents. If such revision is significant enough to require a revised administrative review, the Director may assess another application fee equal to the amount required to review that application.
I. Failure of an applicant to provide additional information as requested within 60 days of notice by the Director shall be deemed a withdrawal of that application unless an extension period has been approved by the Director.
J. The Director shall use the criteria listed below when deciding upon the application. In addition, the Director may approve the application only if:
1. It is consistent with this section and the Comprehensive Plan; and
2. It is consistent with the purpose and intent of the zone in which the site is located; and
3. It is consistent with the public health, safety and welfare.
K. The Director shall approve, approve with conditions or modifications, or deny an application. The Director shall include any conditions to ensure consistency with City zoning and utility regulations, and may include mitigation measures proposed under SEPA, if applicable. The denial of one or more small cell facility locations within a batched submission shall not be the sole basis for a denial of other locations or the entire application for small cell facilities.
L. The applicant carries the burden of proof that a preponderance of the evidence supports approval of the application or approval with conditions or modifications.
M. Administrative review decisions (and any reconsideration of that decision) and SEPA threshold determinations are final decisions, effective on the day issued. The Director’s decision is the City’s final decision on the application and is not subject to administrative appeals.
N. Appeal to Superior Court. A final decision by the Director may be appealed to Superior Court.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.080 Application withdrawal.
Any applicant may withdraw an application at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a proper withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director’s decision, then reimbursement of fees submitted in association with said application shall be prorated to withhold the amount of City costs incurred in processing the application prior to time of withdrawal. These City costs shall be based upon a determination by the Director of the total hours expended in project review from the time of project application to time of withdrawal, utilizing an hourly dollar amount for staff time as established by resolution. If such withdrawal is not accomplished prior to the Director’s decision, there shall be no refund of all or any portion of such fee.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.090 Permit requirements.
The grantee of any permit shall comply with all of the requirements within the small wireless facility permit.
A. Post-Construction As-Builts. Within 30 days after construction of the small wireless facility, the grantee shall provide the City with as-builts of the small wireless facilities demonstrating compliance with the permit and site photographs.
B. Construction of the small cell facility must be completed within 12 months after the approval date by the City. The grantee may request one extension, to be limited to six months, if the applicant cannot construct the small cell facility within the original 12-month period.
C. The grantee must maintain the small cell facilities in safe and working condition. The grantee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site.
D. The grantee shall commence operation of the small cell facility no later than three months after installation, which may be extended for an additional three months upon the applicant’s request for additional time due to matters beyond its reasonable control.
E. Construction in City rights-of-way shall comply with Chapter 23.35 UPMC.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.100 Modifications.
A. Modification to Small Cell Facilities. If a grantee desires to make a modification to an existing small cell facility, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole-mounted or ground-mounted equipment, or modifying the concealment elements, then the applicant shall apply for a new small cell permit.
B. Concealment Design Retained. The design approved in a small wireless facility permit shall be considered concealment elements and such facilities may only be expanded when the modification does not defeat the concealment elements of the small wireless facility.
C. A small cell permit shall not be required for routine maintenance and repair of a small cell facility, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the concealment elements used in the original deployment of the small cell facility, does not impact the structural integrity of the pole, and does not require pole replacement. As used in this section, “similar size, weight, and height” shall mean no more than a 10 percent increase in any dimension. Further, a small cell facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small cell facility. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with UPMC 13.05.530.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.110 Design zones (underground areas).
A. The following zones are designated as design zones for the purpose of siting small wireless facilities:
1. All City-owned parks within the City.
2. Underground areas.
B. The City discourages the use of pedestrian poles for small wireless facilities in design areas.
C. Any applicant who desires to place a small wireless facility in a design zone must first demonstrate that the applicant cannot locate the small wireless facility outside of the design zone. Applications for new small wireless facilities in a design zone may be approved if the applicant demonstrates that due to technical infeasibility the applicant cannot locate the proposed small wireless facility on an existing or replacement pole within 500 feet of the proposed site and outside of the design zone.
D. Applications for small wireless facilities within design zones or on pedestrian poles are subject to approval by the Director and must comply with a concealment plan, described in UPMC 23.50.170.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.120 General requirements.
A. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole-mounted or undergrounded equipment is technically infeasible. If the applicant builds an underground vault it should design such vault to allow for co-location of additional equipment. If ground-mounted equipment is necessary, then the applicant shall submit a concealment plan, as described in UPMC 23.50.170(A)(3). Generators located in the rights-of-way are prohibited.
B. No equipment shall be operated so as to produce noise in violation of Chapter 9.05 UPMC (County Provisions Adopted, noise control).
C. Small cell facilities are not permitted on traffic signal poles.
D. Replacement poles and new poles shall comply with the Americans with Disabilities Act (ADA), City construction and sidewalk clearance standards, and State and Federal regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement pole or new pole must: be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.
E. The design approved in a small cell permit shall be considered concealment elements and such facilities may only be expanded upon an eligible facilities request described in this title when the modification does not defeat the concealment elements of the small cell facility.
F. No signage, message or identification other than the manufacturer’s identification or identification required by governing law is allowed to be portrayed on any antenna, and any such signage on equipment enclosures shall be of the minimum amount possible to achieve the intended purpose; provided, that signs are permitted as concealment element techniques where appropriate.
G. Antennas and related equipment shall not be illuminated except for approved security reasons or required by a Federal or State authority.
H. Antennas and equipment enclosures placed on side arm mounts must comply with the requirements in UPMC 23.50.130(A)(1) and may not be placed on any preexisting side arm mount that extends over the vehicular portion of the rights-of-way.
I. Any small cell facility shall be removed by the facility owner or authorized agent within six months of the date it ceases to be operational or if the facility falls into disrepair. “Disrepair,” as used in this section, refers to a facility or structure which has become so damaged or deteriorated on account of age, the elements, wear and tear, or other cause that it has become a threat to public safety or would constitute a public nuisance as defined in the University Place Municipal Code.
J. The preferred location of a small cell facility on a pole is the location with the least visible impact.
K. Antennas, equipment enclosures, and ancillary equipment, conduit and cable shall not dominate the building or pole upon which they are attached.
L. The City may consider the cumulative visual effects of small cells mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City.
M. Small cell facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent.
N. The design standards in this section are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology, nor prohibits or has the effect of prohibiting the provision of personal wireless services.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.130 Wooden utility pole design standards.
A. Small cell facilities located on wooden utility poles shall conform to the following design criteria:
1. Co-Location. Except in design areas, co-locations on existing structures are the only allowable installations when locating wireless communication antennas and related facilities in the public rights-of-way; provided, however, that ground-mounted equipment is permitted in accordance with UPMC 23.50.120(A).
2. Antennas Attached to Existing Structures. Antennas may be attached to existing utility poles. Such installations shall not be approved on public rights-of-way in areas zoned R-1 or R-2, except immediately adjacent to public or quasi-public uses.
3. The utility pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner, and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities.
4. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City.
5. A pole extender may be used instead of replacing an existing pole but may not increase the height of the existing pole by more than 10 feet unless a further height increase is required and confirmed in writing by the pole owner and such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.
6. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the utility pole on which they are attached.
7. Multiple antennas are permitted on a utility pole; provided, that each antenna enclosure shall not be more than three cubic feet in volume, with a cumulative total antenna volume not to exceed 12 cubic feet. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness.
8. Panel antennas shall not be mounted more than 12 inches from the surface of the utility pole.
9. A canister antenna may be mounted on top of a utility pole, which may not exceed the height requirements described in subsection (A)(5) of this section. A canister antenna mounted on the top of a utility pole shall not exceed the diameter of the pole by more than 16 inches, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side-mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the utility pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the utility pole.
10. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
11. An omnidirectional antenna may be mounted on the top of an existing utility pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole, as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.
12. All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on utility poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.
13. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground-mounted pursuant to UPMC 23.50.120(A). The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs.
14. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole (including but not limited to any conduit, disconnect switches and meters), including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, does not exceed 28 cubic feet. The unified enclosure may not be placed more than six inches from the surface of the pole unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind road signs; provided, that such location does not interfere with the operation of the road signs or the small cell facility.
15. The visual effect of the small cell facility on all other aspects of the appearance of the utility pole shall be minimized to the greatest extent possible.
16. The use of the utility pole for the siting of a small cell facility shall be considered secondary to the primary function of the utility pole. If the primary function of a utility pole serving as the host site for a small cell facility becomes unnecessary, the utility pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
17. All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small cell.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.140 Small cell facilities located on nonwooden utility poles.
A. Small cell facilities attached to existing or replacement nonwooden utility poles in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
1. Co-Location. Except in design areas, co-locations on existing structures are the only allowable installations when locating wireless communication antennas and related facilities in the public rights-of-way; provided, however, that ground-mounted equipment is permitted in accordance with UPMC 23.50.120(A).
2. Antennas and the associated equipment enclosures shall be fully concealed within the utility pole, unless such concealment is otherwise technically infeasible or is incompatible with the utility pole design; then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the utility pole or flush-mounted (no more than six inches off the utility pole) to the utility pole in a manner that integrates the equipment enclosure into the design of the utility pole and minimizes clutter and visual impact. If the equipment enclosure is permitted on the exterior of the utility pole, the applicant is encouraged to place the equipment enclosure behind any road signs that may be on the utility pole; provided, that such location does not interfere with the visibility of the signs or the operation of the small cell facility. For purposes of this section, “incompatible with the utility pole design” may include a demonstration by the applicant that the visual impact to the utility pole or the streetscape would be reduced by placing the antennas and equipment exterior to the utility pole.
3. An antenna on top of an existing utility pole may not extend more than six feet above the height of the existing utility pole and the diameter may not exceed the diameter of the utility pole by more than 16 inches, measured at the top of the utility pole, unless the applicant can demonstrate that more space is needed. The antenna shall be integrated into the utility pole design so that it appears as a continuation of the original utility pole, shall be colored or painted to match the utility pole, and shall be shrouded or screened to blend with the utility pole, except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the utility pole shall be fully concealed and integrated with the utility pole.
4. Any equipment or antenna enclosures must meet WSDOT height clearance requirements.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.150 Small cell facilities attached to existing buildings.
A. Small cell facilities attached to existing buildings shall conform to the following design criteria:
1. Small cell facilities may be mounted to the sides of a building if the antennas do not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if they complement the architecture of the existing building.
4. Small cells shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small cell facilities shall be painted and textured to match the adjacent building surfaces.
7. Antenna and/or equipment shall not exceed 10 feet above the roofline.
8. Feed lines and coaxial cables shall be located below the parapet of the rooftop.
9. If a cabinet enclosure cannot be located within the building where the wireless service facilities will be located, then the City’s first preference is for the wireless telecommunication carrier to locate the equipment on the roof of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, the proposed screening must be consistent with the existing building in terms of color, design, architectural style, and material. If the cabinet equipment cannot be located on the roof or within the building, then it shall be located underground consistent with UPMC 23.50.120(A).
(Ord. 751 § 2 (Exh. B), 2021).
23.50.160 Strand-mounted small cell facilities.
A. Small wireless facilities mounted on cables strung between existing utility poles shall conform to the following standards:
1. Each strand-mounted facility shall not exceed three cubic feet in volume.
2. Only one strand-mounted facility is permitted between any two existing poles.
3. The strand-mounted devices shall be placed as close as possible to the nearest utility pole, in no event more than five feet from the pole unless a greater distance is technically necessary or is required by the pole owner for safety clearance.
4. No strand-mounted device shall be in or above the portion of the roadway open to vehicular traffic.
5. Ground-mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets; and
6. Pole-mounted equipment shall comply with the requirements of UPMC 23.50.130.
7. Such strand-mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand).
8. Strand-mounted facilities are only permitted on poles that have existing overhead wirelines.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.170 Design areas standards.
A. Small Cell Facilities in Design Areas. Small cell facilities attached to existing, replacement or new poles of any type in the right-of-way or poles outside of the right-of-way shall conform to the following design criteria:
1. The City at its sole discretion may allow the attachment of a small cell facility to City-owned light poles and traffic control equipment.
2. The applicant shall submit a concealment plan including the design of any screening, fencing or other concealment technology for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless communications facility, including but not limited to fiber and power connections.
3. The concealment plan shall seek to minimize the visual obtrusiveness of wireless communications facility installations. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including, to the extent technically feasible, similar height. Other concealment methods include, but are not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture – or the appearance thereof – as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wirelines are installed internally in the structure or otherwise integrated into the design of the structure. Further, applicant designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to subsection (A)(7) of this section.
4. If the Director has already approved a concealment plan, either for the applicant or another wireless communications facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technically feasible, or that such deployment would overwhelm the pole design.
5. Antennas and the associated equipment enclosures shall be fully concealed within the pole, unless such concealment is otherwise technically infeasible or is incompatible with the pole design; then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush-mounted (no more than six inches off the pole) to the pole in a manner that integrates the equipment enclosure into the design of the pole and minimizes clutter and visual impact. If the equipment enclosure is permitted on the exterior of the pole, the applicant is encouraged to place the equipment enclosure behind any road signs that may be on the pole; provided, that such location does not interfere with the visibility of the signs or the operation of the small cell facility. For purposes of this section, “incompatible with the pole design” may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole.
6. All conduit, cables, wires and fiber must be routed internally in the light pole. Full concealment of all conduit, cables, wires and fiber is required to be within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.
7. Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.
8. The height of any replacement pole may not extend more than 10 feet above the height of the existing pole.
9. The diameter of a replacement pole shall comply with the City’s setback and sidewalk clearance requirements, and shall not be more than a 25 percent increase in the diameter of the existing pole measured at the base of the pole.
10. If additional diameter is needed in order to conceal equipment or conduit within the base of the pole, then the applicant shall propose a concealment plan consistent with subsection (A)(3) of this section.
11. An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed the diameter of the pole by more than 12 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antenna shall be integrated into the pole design so that it appears as a continuation of the original pole, shall be colored or painted to match the pole, and shall be shrouded or screened to blend with the pole, except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.
12. The use of the light pole for the siting of a small cell facility shall be considered secondary to the primary function of the light pole. If the primary function of a light pole serving as the host site for a small cell facility becomes unnecessary, the light pole shall not be retained for the sole purpose of accommodating the small cell facility and the small cell facility and all associated equipment shall be removed.
(Ord. 751 § 2 (Exh. B), 2021).
23.50.180 Removal.
A. The permits issued herein are for small cell facilities that are in active use only. The applicant, or successor in interest, shall remove any small cell facility including antennas and other equipment within six months of cessation of use.
B. After removal of the facility and all equipment, the applicant, or successor in interest, shall restore any streetlight pole, utility pole, sidewalk, paving, and landscaping to a condition equal to or better than that existing prior to removal.
(Ord. 751 § 2 (Exh. B), 2021).