§ 28-246. Guidelines on placement.

(a)

Generally. In accordance with chapter 284, section 284.102, a network provider shall construct and maintain network nodes and node support poles in a manner that does not:

(1)

Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;

(2)

Obstruct the legal use of a public right-of-way by other utility providers;

(3)

Violate nondiscriminatory applicable codes;

(4)

Violate or conflict with the city's rights-of-way management ordinance or this division.

(5)

Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

Failure to comply with subparagraphs (1) to (4) above shall be subject to all remedies available under law and subject to application of the penalties outlined in section (b)(4)b. of this section.

(b)

General requirements and information:

(1)

Size limits. Network providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in chapter 284, in accordance with, but not limited to chapter 284, sec. 284.002, size of a micro network node, sec. 284.003, size of network nodes, and sec. 284.103, max. pole height, with each application and with each request for a permit for each location.

(2)

State and federal rights-of-way permit. If the project lies within a highway right-of-way, the applicant must provide evidence of a permit from the state or federal government.

(3)

Confirmation of non-interference with city safety communication networks.

a.

The network provider shall provide analysis that the proposed network node shall not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components in accordance with chapter 284, sec. 284.304.

b.

It shall be the responsibility of the network provider to evaluate, prior to making application for permit, the compatibility between the existing city infrastructure and provider's proposed network node. A network node shall not be installed in a location that causes any interference. Network nodes shall not be allowed on city's public safety radio infrastructure.

c.

Failure to comply with subparagraphs a. and b. above shall be subject to all remedies available under law and subject to application of the penalties outlined in section (b)(4)b. of this section.

(4)

Improperly located network node facilities, node support poles and related ground equipment.

a.

Improperly located network node facilities, node support poles and related ground equipment shall not impede pedestrian or vehicular traffic in the right-of-way. If any network node facilities, node support poles or ground equipment is installed in a location that is not in accordance with the plans approved by the city manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the right-of-way non-compliant with applicable laws, including the American Disabilities Act, then network provider shall promptly remove the network node facilities, node support poles or ground equipment.

b.

Notice to remove unauthorized facilities and relocate and penalty. After thirty (30) days' notice to remove of network node facilities, node support poles or ground equipment that is located in the incorrect permitted location, if not relocated the network provider shall be subject to a penalty of one thousand dollars ($1,000.00) per day penalty until the network node facilities, node support poles or ground equipment is relocated to the correct area within the permitted location, regardless of whether or not the network provider's contractor, subcontractor, or vendor installed the network node facilities, node support poles or ground equipment in strict conformity with the city's rights-of-way management ordinance, and other applicable ordnances concerning improperly located facilities in the rights-of-way.

(c)

Underground requirement areas.

(1)

In accordance with chapter 284, section 284.107, a network provider shall, in relation to installation for which the city approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval.

(2)

If a location is designated by the city to be an underground requirement area, then a network provider's permit for the location of the micro network node, network node, node support pole, and related ground equipment at such location will be revoked ninety (90) days after the designation, with removal of said the micro network node, network node, node support pole, and related ground equipment at such location within ninety (90) days of such designation, or as otherwise reasonably allowed by the city for the transition of other overhead facilities.

(d)

Network node facilities placement:

(1)

Right-of-way. Network node facilities, node support poles and related ground equipment shall be placed, as much as possible, within two (2) feet of the outer edge of the right-of-way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way.

(2)

Height above ground. Network node attachments to a pole shall be installed at least eight (8) feet above the ground in accordance with chapter 284, section 284.108, and if a network node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. As the most heavily truck trafficked community in America, the council finds this higher height necessary for public safety.

(3)

Protrusions. In accordance with chapter 284, sec. 284.003(a)(1)(C), sec. 284.003 (a)(2)(C) and sec. 284.003-(a)(3)(B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet.

(4)

Limit on number of network nodes per site. there shall be no more than one (1) network node on any one (1) pole.

(e)

New node support poles.

(1)

New node support poles spacing. New node support poles shall be spaced apart from existing utility poles or node support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum three hundred (300) feet from a utility pole or another node support pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area.

(2)

Height of node support poles or modified utility pole . In accordance with chapter 284, sec. 284.103 a node support pole or modified utility pole may not exceed the lesser of:

a.

Ten (10) feet in height above the tallest existing utility pole located within five hundred (500) linear feet of the new pole in the same public right-of-way; or

b.

Fifty-five feet above ground level.

(f)

Ground equipment.

(1)

Ground equipment near street corners and intersections. Ground equipment should be minimal and the least intrusive. In accordance with chapter 284, section 284.102(1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way, and in order to maximize the line of sight required to add to safe travel of vehicular and pedestrian traffic, and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within two hundred fifty (250) feet of a street corner or a street intersection.

(2)

Ground equipment near municipal parks. For the safety of municipal park patrons, particularly small children, and to allow full line of sights near municipal park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within two hundred fifty (250) feet of the boundary line of a park, unless approved by the city manager and director of the parks and leisure department in writing.

(g)

Municipal service poles.

(1)

Installations on all service poles shall be in accordance with an agreement as allowed by chapter 284, sec. 284.056 and sec. 284.101(a)(3), and (b).

(2)

Required industry standard pole load analysis. Installations on all service poles shall have an industry standard pole load analysis completed and submitted to the city with each permit application indicating that the service pole to which the network node is to be attached will safely support the load, in accordance with chapter 284, section 284.108.

(3)

Height of attachments. All attachments on all service poles shall be at least eight (8) feet above grade, in accordance with chapter 284, sec. 284.108(a)(1)-(2), and if a network node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground.

(4)

Installations on traffic signal. Installations on all traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by chapter 284, sec. 284.056 and sec. 284.101(a)(3) and (b). Installation of network node facilities on any traffic signal structures shall:

a.

Be encased in a separate conduit than the traffic light electronics;

b.

Have a separate electric power connection than the traffic signal structure; and

c.

Have a separate access point than the traffic signal structure.

(5)

Installations on street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of network node facilities on any street signage structures that has electrics shall:

a.

Be encased in a separate conduit than any city signage electronics;

b.

Have a separate electric power connection than the signage structure;

c.

Have a separate access point than the signage structure.

(Ord. No. 2017-O-105 , § 3, 9-5-17)