HomeMy WebLinkAbout1637 Amending Chapter 250 Right-of-Way and Permitting of Small Wireless Facilities BILL NO: 2018-064 ORDINANCE NO: /6,�
AN ORDINANCE AMENDING CHAPTER 250 AS IT RELATES TO THE
MANAGEMENT OF THE CITY'S RIGHT-OF-WAY AND PERMITTING OF SMALL
WIRELESS FACILITIES.
WHEREAS,the City has previously regulated the construction and deployment of
telecommunications facilities and other similar facilities through a variety of ordinances and
practices; and
WHEREAS,in the 2018 Legislative Session, the 101st Missouri General Assembly
approved, and the Governor signed into law, House Bill 1991 with an effective date for a
majority of the provisions of January 1,2019; and
WHEREAS,House Bill 1991 amended and added certain provisions to the Missouri
Revised Statutes relating to the City's authority to regulate the construction and deployment of
small wireless facilities; and
WHEREAS,the Federal Communications Commission did release on September 27,
2018 FCC-18-133 titled Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment; and
WHEREAS,FCC-18-133 contained both a declaratory ruling and order regarding the
City's authority to regulate the construction and deployment of small wireless facilities; and
WHEREAS, it is the intent and desire of the Board of Aldermen of the City of Riverside,
Missouri to amend and revise the Municipal Code of the City of Riverside, Missouri to conform
with both HB 1991 and FCC-18-133 to encourage the deployment of small wireless facilities
within the City in a manner that(1)protects the right-of-way as a unique and physically limited
resource critical to the travel and transportation of persons and property in the City; (2)manages
the right-of-way to ensure that the right-of-way remains accessible for public uses including the
partial occupancy of the right-of-way by utilities and public service entities,which enhance the
health,welfare, and economic well-being of the City and its citizens; (3)promotes competition,
securing higher quality services for the citizens of the City and consumers at large; and (4) does
not materially inhibit the provision of telecommunications services.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE,MISSOURI,AS FOLLOWS:
SECTION 1 —INCORPORATION OF WHEREAS CLAUSES. That the whereas
clauses stated above are hereby specifically incorporated into this ordinance by reference herein.
SECTION 2—AMENDMENTS. That Section 250.070(x) of the Municipal Code of the
City of Riverside, Missouri is hereby amended to read as follows:
1
Section 250.070 Location of Facilities.
K Limited Space. The city shall have the power to prohibit or limit the placement or new or
additional equipment within the right-of-way if there is insufficient space to
accommodate all of the request of potential ROW users. In making such decisions, the
city shall strive to the extent possible to accommodate all existing and potential users of
the right-of-way, but shall be guided primarily by considerations of the public interest,
public health and safety,the public's priority needs for the particular utility service,the
condition of the right-of-way,the time of the year with respect to essential utilities, the
protection of existing equipment in the right-of-way, and future city plans for public
improvements and development projects which have been determined to be in the public
interest. The design and location of all equipment and facilities shall be subject to the
review and approval of the city. To ensure that the right-of-way remains accessible for
public uses, to mimize visual obstrusive of equipment and facilities, and allow for
adequate city maintenance of the right-of-way, a new utility_pole and any new ground
mounted egiupment associated with the new utility pole shall not be installed within one
hundred and fifty feet of another utility pole or other ground mounted equipment on the
same side of the right-of-way. Should a ROW user seek to replace a utility pole, said
replacement utility pole shall be sited within ten feet of the currently, existing utility pole
and shall not be subject to the spacing requirements set forth in this subsection. The
spacing requirement set forth in this subsection may be waived or altered by the city upon
the ROW-user establishing good cause as to why said spacing requirement shall be
waived or altered.
SECTION 3—NEW ARTICLE. That the Municipal Code of the City of Riverside,
Missouri, is hereby amended by adding an article, to be number Article X, Small Wireless
Facilities,to Chapter 250 which reads as follows:
ARTICLE X. SMALL WIRELESS FACILITIES
Section 250.1000. Intent,Preemption, and Sunset.
(a) Purpose. Consistent with the requirements of the Uniform Small Wireless Facility
Deployment Act, Section 67.5110, et seq., RSMo, and in anticipation of a continued
increased demand for the placement of small wireless facilities of the type regulated by
the Uniform Small Wireless Facility Deployment Act and this article both within the
public rights-of-way and in other locations within the jurisdiction of the city,the Board of
Aldermen of the City of Riverside, Missouri, has found it to be in the best interests of the
public health, safety, and general welfare of the city to adopt the regulations set forth in
this article in order to establish generally applicable standards for the permitting, location
, construction, deployment, regulation, operation, maintenance, repair, concealment and
removal of small wireless facilities both within the public rights-of-way and in other
locations within the jurisdiction of the city.
(b) Intent. Sections 250.1000 through 250.1005 of the Municipal Code of the City of
Riverside, Missouri is intended to encourage and streamline the deployment of small
2
wireless facilities, as herein defined,to help ensure that robust and dependable wireless
radio-based communication services and networks are available throughout the City of
Riverside while also protecting the health, safety, and welfare of the public and the
limited public resource that is the public right-of-way. Specifically, the article is intended
to:
(1) Facilitate orderly construction and maintenance of facilities in the right-of-way,
reduce the damage to the facilities of rights-of-way users,and minimize disruption of
service to the citizens of the city;
(2) Manage the right-of-way to allow efficient location of small wireless facilities and
maximize services to the citizens of the city;
(3) Allow for the maximum utilization of the rights-of-way to meet the demands due to
technical innovations.
(4) Encourage responsible construction and maintenance practices in the city rights-of-
way.
(5) Ensure that regulation of small wireless facilities does not have the effect of
prohibiting the provision of personal wireless services, and does not unreasonably
discriminate among functionally equivalent providers of such service;
(6) Prevent interference with the facilities, maintenance, and operations of the city's
utilities and of other utilities lawfully located both within the public rights-of-way and
in other locations within the city; and
(7) Enhance the ability of providers of communication services to provide such services
to the community quickly, effectively, and efficiently
(c) Preemption. Notwithstanding any ordinance to the contrary,the procedures set forth in
this article shall be applicable to small wireless facilities existing or installed, built or
modified after the effective date of this article to the fullest extent permitted by law. No
provision of this article shall apply to any circumstances in which such application shall
be unlawful under superseding federal or state law. Furthermore, if any section,
subsection, sentence, clause, phrase, or portion of this article is now or in the future
superseded or preempted by state or federal law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically interpreted and
applied as required by law.
(d) Sunset. This article shall expire on January 1, 2021, except that for small wireless
faclities already permitted or collocated on authority poles prior to such date,the rate set
forth in section 250.1003(g) for collocation of small wireless facilities on authority poles
shall remain effective for the duration of the permit authorizing the collocation.
Section 250.1001. Definitions
As used in this article,the following terms shall have the following meanings:
3
"Act"means the Uniform Small Wireless Facility Deployment Act, Section 67.5110, et
seq.,RSMo;
"Antenna", communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services;
"Applicable Codes", uniform building, fire, electrical,plumbing, or mechanical codes
adopted by a recognized national code organization or local amendments to such codes
enacted to prevent physical property damage or reasonably foreseeable injury to persons;
"Applicant", any person who submits an application and is a wireless provider;
"Application", a request submitted by an applicant to an authority for a permit to
collocate small wireless facilities on a utility pole or wireless support structure, or to
approve the installation, modification, or replacement of a utility pole;
"Authority Pole"a utility pole owned,managed, or operated by or on behalf of an
authority,but such term shall not include municipal electric utility distribution pole or
facilities;
"Collocate"or"Collocation", to install,mount,maintain, modify, operate, or replace
small wireless facilities on or immediately adjacent to a wireless support structure or
utility pole,provided that the small wireless facility antenna is located on the wireless
support structure or utility pole;
"Decorative Pole", an authority pole that is specially designed and placed for aesthetic
purposes;
"Director",the Community Development Director;
"Fee", a one-time,nonrecurring charge;
"Permit", a written authorization required by an authority to perform an action or initiate,
continue, or complete a project;
"Rate", a recurring charge;
"Right-of-Way",the area on, below, or above a public roadway,highway, street,
sidewalk, alley, or similar property used for public travel, but not including a federal
interstate highway, railroad right-of-way, or private easement;
"Small Wireless Facility", a wireless facility that meets both of the following
qualifications:
Each wireless provider's antenna could fit within an enclosure of no more than six (6)
cubic feet in volume; and
All other equipment associated with the wireless facility, whether ground or pole
mounted, is cumulatively no more than twenty-eight(28) cubic feet in volume,provided
that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in
4
volume; and no single piece of ground mounted equipment shall exceed fifteen(15)cubic
feet in volume, exclusive of equipment required by an electric utility or municipal electric
utility to power the small wireless facility.
The following types of associated ancillary equipment shall not be included in the
calculation of equipment volume: electric meter, concealment elements,
telecommunications demarcation box, grounding equipment, power transfer switch,cut-
off switch,and vertical cable runs and related conduit for the connection of power and
other services;
"Utility Pole", a pole or similar structure that is or may be used in whole or in part by or
for wireline communications, electric distribution, lighting,traffic control, signage, or a
similar function, or for the collocation of small wireless facilities; provided, however,
such term shall not include wireless support structures, electric transmission structures, or
breakaway poles owned by the state highways and transportation commission;
"Wireless Facility", equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including equipment associated
with wireless communications and radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration. The term includes small wireless facilities. The term does
not include:
The structure or improvements on, under,or within which the equipment is collocated;
Coaxial or fiber-optic cable between wireless support structures or utility poles;
Coaxial or fiber-optic cable not directly associated with a particular small wireless
facility; or
A wireline backhaul facility;
"Wireless Infrastructure Provider", any person, including a person authorized to provide
telecommunications 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", a wireless infrastructure provider or a wireless services provider;
"Wireless Services", any services using licensed or unlicensed spectrum, including the
use of wifi, whether at a fixed location or mobile,provided to the public using wireless
facilities;
"Wireless Services Provider", a person who provides wireless services;
"Wireless Support Structure", an existing structure, such as a monopole or tower,
whether guyed or self-supporting, designed to support or capable of supporting wireless
facilities; an existing or proposed billboard; an existing or proposed building; or other
existing or proposed structure capable of supporting wireless facilities, other than a
5
structure designed solely for the collocation of small wireless facilities. Such term shall
not include a utility pole.
"Zoning Regulations"Chapter 400 of the Municipal Code of the City of Riverside,
Missouri
Section 250.1002. General Requirements
(a) Height Restrictions
(1) Each new, replacement, or modified utility pole installed in the Right-of-Way
shall not exceed the greater of ten feet in height above the tallest existing utility
pole in place as of August 28, 2018 located within five hundred feet of the new
pole in the same Right-of-Way or fifty(50) feet above ground level at the site of
the proposed installation,replacement, or modification.
(2) New small wireless facilities in the right-of-way shall not exceed more than ten
feet above an existing utility pole in place as of August 28, 2018.
(3) Any new, modified, or replacement utility pole that exceeds these height limits
shall be subject to a conditional use permit under the city's zoning regulations.
(b) Concealment Requirements. The reasonable, objective,cost-effective standards outlined
in this subsection seek to ensure that all small wireless facilities deployed in the city are
deployed in a manner that preserves the visual appearance of the surrounding area and the
legal use of the right-of-way. Any of the requirements set forth in this subsection may be
waived or altered by the director upon an applicant establishing good cause as to way the
concealment requirements should not apply.
(1) Small wireless facility antenna. All antennas mounted as part of the deployment
of a small wireless facility shall be mounted to the top of the utility pole or
wireless support structure and aligned with the centerline of the utility pole or
wireless support structure, unless otherwise agreed to by the director based on the
specific context and characteristics of the utility pole or wireless support
structures.
i. Shape. Any small wireless facility antenna collocated within the city shall
be cylindrical or completely housed within a cylindrical enclosure or
radome unless otherwise agreed to by the director based on the specific
context and characteristics of the utility pole, wireless support structure,or
small wireless facility.
ii. Color. Exposed antennas and antenna enclosures shall match the color
specifications of the utility pole or the wireless support structure.
(2) Associated Pole Equipment. Any equipment attached to a pole as part of a small
wireless facility shall be of the same or similar color as the pole on which it is
attached. To the extent possible, any wires, fiber-optic cable, coaxial cable or any
6
other cables associated with the collocation of a small wireless antenna running
from any associated equipment, both pole mounted and ground mounted, shall run
on the interior of the pole. If running any wires, fiber-optic cable, coaxial cable, or
any other cable on the interior of the pole is not possible then said wires and
cables shall either be located within a cylindrical tubing of the same or similar
color as the pole and mount flush against the pole or be of the same or similar
color as the pole on which they are attached and mounted flush against the pole or
in any other matter which would reasonably conceal them. The director, in their
discretion, may require additional concealment requirements, including the
attachment of banners or signs on either side of any associated pole equipment.
(3) Associated Ground Equipment. All associated ground equipment mounted as part
of a small wireless facility deployment shall be placed to the greatest extent
possible in an area so as to minimize its visual intrusiveness and detrimental
effect to the legal use of the right-of-way. All associated ground equipment shall
be located within a green cabinet or enclosure or any other color cabinet or
enclosure that would minimize visual intrusiveness and conceal the associated
ground equipment. To the extent possible,
(4) Replacement poles. Any replacement utility pole located for the purpose of siting
a small wireless facility shall reasonably conform to the appearance of other
similar utility or streetlight poles in the area.
(c) Decorative Poles. Any applicant seeking to replace a decorative pole for the purpose of
collocating a small wireless facility shall replace said decorative pole with a pole
conforming to the design aesthetics of the decorative pole being replaced. Conformance
to the design aesthetics of the decorative pole means,that any replacement pole shall at a
minimum be of the same or similar design as the decorative pole, contain the same or
similar decorative elements of the original decorative pole, be of the same color as the
original decorative pole and other decorative poles in the area and that the small wireless
facility collocated on the replacement decorative pole be the same color as the decorative
pole and the replacement decorative pole.
(d) Indemnification, Insurance, Performance Bond.
(1) Indemnification Wireless providers shall indemnify and hold the City, its officers,
and employees harmless against any damage or personal injury caused by the
negligence of the wireless provider or its employees, agents, or contractors.
(2) Insurance. As part of any permit issued by the city under this article, an applicant
must provide proof of liability insurance coverage,prior to the effective date of any
permit issued, against any damage or personal injury caused by the negligence of the
wireless provider or its employees, agents,or contractors in an amount no less than
the amount provided for in Section 537.210, RSMo. If the applicant is self-insured,
the applicant must submit to the city proof of self-insurance in a comparable amount
to the insurance referenced in the previous sentence.
7
(3) Performance Bond
i. An applicant for a permit under this article shall post a performance bond
of$ 1,500 per small wireless facility not to exceed $75,000 for all small
wireless facilities deployed by the applicant. The performance bond shall
be used to:
(i) Provide for the removal of abandoned or improperly
maintained small wireless facilities,including those that the
city determines need to be removed to protect public health,
safety, or welfare;
(ii) Restore the right-of-way in connection with removals;
(iii) Recoup rates or fees that have not been paid by a wireless
provider in over twelve months,provided the wireless provider
has had notice and an opportunity to cure.
ii. Upon completion of the work associated with the permit to the satisfaction
of the director,the director shall eliminate the bond or reduce its amount
after a time appropriate to determine whether the work performed was
satisfactory, which time shall be established by the director.
iii. Recovery by the city for any amounts under the performance bond
required by this article does not limit an applicant's duty to indemnify the
city in any way,nor shall such recovery relieve an applicant of its
obligations under a permit or reduce amounts owed to the city other than
by the amounts recovered by the city under the performance bond, or in
any respect prevent the city from exercising any other right or remedy it
may have.
iv. Applicants that have at least twenty-five million dollars in assets in the
state and do not have a history of permitting noncompliance within the
city's jurisdiction shall be exempt from the insurance and bonding
requirements otherwise authorized by this subsection.
(e) Relocation of Facilities. Whenever, in the interest of public safety and convenience, the
city may require a wireless provider relocate, move,alter, change, adapt, or conform the
underground or above ground facilities of a wireless provider,the wireless provider shall
make the alterations or changes as soon as practicable after being so ordered in writing by
the city without claim for reimbursement or damages against the city.
(f) Calculation of time. Unless otherwise indicated, when the performance or doing of any
act, duty,matter, or payment is required under this article or any permit, and a period of
time is prescribed and is fixed herein, the time shall be computed so as to exclude the first
and include the last day of the prescribed or fixed period of time.
8
(g) Construction standards. All requirements of this article shall apply to the construction,
modification, and maintenance of small wireless facilities and are reincorporated herein
as building code requirements to the extent permitted by law. The construction,
operation,maintenance, and repair of small wireless facilities shall be in accordance with
applicable codes. All small wireless facilities shall be installed and located with due
regard to minimizing interference with the public and with other users of the right-of-way
including the city. An applicant shall not place small wireless facilities or obstruct or
hinder the various utility serving the residents and businesses in the city of their use of
any right-of-way. Any and all right-of-way disturbed or damaged during the small
wireless facilities work shall be promptly repaired or replaced by the applicant to its
previous condition. Any wireless infrastructure provider, contractor or subcontractor
must be properly licensed under laws of the state and all applicable local ordinances.
Each wireless infrastructure provider, contractor or subcontractor shall have the same
obligations with respect to its work as wireless services provider would have hereunder
and applicable laws if the work were performed by the wireless services provider. The
wireless services provider shall be responsible for ensuring that the work of wireless
infrastructure providers, contractors or subcontractors is performed consistent with their
permits and applicable law, shall be fully responsible for all acts or omissions of any
wireless infrastructure Provider, contractor or subcontractor, and shall be responsible for
promptly correcting any acts or omissions by a wireless infrastructure provider,
contractor or subcontractor.
(h) Location. Small wireless facilities and utility poles shall be installed and maintained so as
not to obstruct or hinder the usual travel or public safety on the right-of-way or obstruct
the legal use of the right-of-way by the city or other authorized right-of-way users.
(i) Replacement. The city may require an applicant to replace a utility pole on a
nondiscriminatory basis for reasons of safety and reliability.
0) Retained zoning authority. Where authorized by applicable law the city may require that
an applicant under this article receive all zoning approvals necessary or required by the
zoning regulations of the city.
(k) Deemed approve facilities. Should the city fail to act with the time required by applicable
law, any small wireless facility collocated on an existing structure or any installation,
modification, or replacement of a utility pole shall be done in compliance with each and
every provision of this article.
Section 250.1003. Small Wireless Facilities Permit.
(a) Applications. Applications for a permit to collocate a small wireless facility on a utility
pole or a permit for the installation, modification, or replacement of a utility pole shall be
filed on such forms as required by the director and accompanied by the appropriate
deposit as stated below. Applications are to be processed subject to the requirements of
and in the manner and timeframe as otherwise established in this article and subject to the
applicable time frames imposed by applicable law. Applications requesting any
9
information that is prohibited by federal or state law under the applicable circumstance
shall be deemed inapplicable to the subject application.
(1) Collocation Application Fee. An application for a permit to collocate a small
wireless facility on a utility pole shall be accompanied by a deposit of one
hundred dollars($100) for each small wireless facility the applicant seeks to
collocate on a utility pole.
(2) Installation. Modification, Replacement Fee. Applications for a permit to install,
modify, or replace a utility pole shall be accompanied by a deposit of five
hundred dollars($500) for each installation, modification, or replacement sought
by the applicant.
(b) Preapplication meeting. Before any application is made, the applicant is encouraged to
meet with the director to discuss, in general,the procedures and requirements for a permit
request under this section.
(c) Application Process.
(1) Form: deficiency notice. Any application under this section shall be submitted on
forms in accordance with the above to the director for a determination of
completeness. Within the time prescribed by law of the receipt of an application,
or such longer or other review times allowed by applicable law,the director shall
review the application and identify any ways in which the application is not
complete and provide the applicant with a written explanation of the deficiencies
with citation to the code or statutes requiring such deficient item.
(2) New application Given the various time restrictions applicable to approvals under
applicable law, any modification of an application other than to correct
incompleteness may be denied by the director if the change is material or presents
difficulty in completing review of the modified application within the established
review time. In such circumstance, the modified application must be resubmitted
as a new application and the original application shall be deemed withdrawn.
(3) Approval or denial. The city shall approve or deny of the application to collocate
a small wireless facility or the application for the installation, modification,or
replacement of a utility within the timeframes provided by applicable law.
(d) Application Contents. An application for a permit under this section shall contain, at a
minimum,the following information:
(1) Site-specific structural integrity and make-ready analysis prepared by a structural
engineer. The make-ready analysis shall include plans and detailed cost estimates
for any make-ready work as needed. Any cost associated with the make-ready
work shall be the sole responsibility of the applicant.
(2) The location where each proposed small wireless facility or utility pole would be
installed and photographs of the location and its immediate surroundings
10
depicting the utility poles or structures on which each proposed small wireless
facility would be mounted or location where utility poles or structures would be
installed. The photographs shall include a digital photo simulation of the proposed
location providing"before and after"views demonstrating the impact of the
proposed wireless facilities on the surrounding environment, including the right-
of-way if applicable.
(3) The equipment type and model numbers of the antennas and all other wireless
equipment associated with the small wireless facility.
(4) An attestation that the small wireless facility complies with the volumetric
limitations set forth in Section 250.1002.
(5) Applicable indemnity, insurance, and performance bond information as required
by this article.
(6) An applicant that is not a wireless services provider must provide evidence of
agreements or plans that demonstrate that the small wireless facility will be
operational for use by a within one year after the permit for the applicable small
wireless facility is issued,unless the city and applicant agree to extend this period
in writing or if delay is caused by lack of commercial power or communications
transport facilities to the site and the applicant notifies the city in writing. The
non-wireless service provider applicant must provide the above information by
attestation, attached to the applicable application.
(7) A projected commencement and termination date of the work proposed under the
permit. If said dates are not known at the time of the application,then any permit
holder shall provide the director advanced, written notice of such dates once
determined.
(8) Any information necessary to establish that the proposed collocation of the small
wireless facility meets the concealment requirements of Section 250.1003(b).
(9) Any information necessary to determine that the collocation meets the height
restrictions of Section 250.1003(a).
(10) In the event that the proposed small wireless facility is to be attached to an
existing utility pole owned by an entity other than the city,the wireless provider
shall provide legally competent evidence of the consent of the owners of such
pole to the proposed collocation.
(11) Any other information deemed to be relevant to the proposed collocation.
(e) Consolidated Applications.
(1) An applicant may file a consolidated application and receive a single permit for
the collocation of multiple small wireless facilities. An application may include
up to twenty separate small wireless facilities,provided that they are for the same
11
or materially same design of small wireless facility being collocated on the same
or materially the same type of utility or wireless support structure and all the
collocations are geographically proximate. The denial of one or more small
wireless facilities in a consolidated application shall not delay processing of any
other small wireless facilities in the same batch;
(2) If the city receives individual applications for approval of more than fifty small
wireless facilities or consolidated applications for approval of more than seventy-
five small wireless facilities within a fourteen day period,whether from a single
applicant or multiple applicants, the city may,upon its own request, obtain an
automatic thirty-day extension for any additional collocation or replacement or
installation application submitted during that fourteen day period or in the
fourteen day period immediately following the prior fourteen day period. The
city will promptly communicate its request to each and any affected applicant.
(f) Make-ready work. The city shall provide a good faith estimate for any make-ready work
necessary to enable a pole to support the requested collocation by a wireless provider,
including pole replacement if necessary,within sixty days after receipt of a complete
application. Make-ready work, including any pole replacement, shall be completed
within sixty days of written acceptance of the good faith estimate and advance payment
by the applicant.
(g) Rate for collocation. If an application for the collocation of a small wireless facility is
approved,the wireless provider shall pay to the city one hundred and fifty dollars($150)
per year per small wireless facility collocated on an authority pole.
Section 250.1004. Denial of permit.
(a) Reasons. The city may deny a proposed collocation of a small wireless facility or
installation, modification, or replacement of a utility pole if the action proposed in the
application submitted to the director could reasonably be expected to:
(1) Materially interfere with the safe operation of traffic control equipment or city-
owned communications equipment;
(2) Materially interfere with sight lights or clear zones for transportation,pedestrians,
or nonmotorized vehicles;
(3) Materially interfere with compliance with the American Disability Act, 42 U.S.C.
Sections 1201 to 12213, or similar federal or state standards regarding pedestrian
access or movement;
(4) Materially obstruct or hinder the usual travel or public safety on the right-of-way;
(5) Materially obstruct the legal use of the right-of-way by an authority, utility or
other third party;
(6) Fail to comply with the spacing requirement set forth in Section 250.070(k).
12
(7) Fail to comply with applicable codes, including nationally recognized engineering
standards for utility poles or wireless support structures;
(8) Fail to comply with the reasonably objective and documented aesthetics of a
decorative pole and the applicant does not agree to pay to match the applicable
decorative elements;
(9) Fail to comply with undergrounding requirements as of January 1, 2018 or any
new undergrounding requirements for new developments; or
(10) Any other reason as allowed by applicable state or federal law.
(b) Denial. The City shall document the complete basis for the denial in writing and send
said denial and any accompanying documentation to the applicant on the day the
authority denies the application. The applicant may cure the deficiencies identified by the
city and resubmit the application within the timeline provided for in applicable law
without paying an additional application fee.
Section 250.1005. Fast-Track Small Wireless Facility Deployment
(a) General conditions. Small wireless facilities meeting the below, additional requirements
may be authorized to be collocated with the approval of the director on an expedited 20-
day time frame subject to the following additional requirements:
(1) Only one small wireless facility shall be permitted per structure in the rights-of-
way;
(2) The small wireless antenna and associated pole equipment shall be of the same or
similar color as the pole on which it is to be attached;
(3) All wires and cables associated with the small wireless facility shall be installed
on the interior of the pole; and
(4) No associated ground equipment shall be authorized;
(b) New or replacements poles. An applicant applying for approval of the siting of a small
wireless facility under this section may request or require that a new or replacement
utility pole may be located as part of such deployment subject to the following additional
requirements:
(1) The new or replacement utility poles is no greater than five(5) feet taller than the
any adjacent or existing utility pole within the same right-of-way;
(2) The new or replacement utility pole is of the same or materially similar design as
adjacent or surrounding utility poles;
(c) Application fee. The application fee for the collocation of a small wireless facility under
this section shall be seventy-five dollars ($75). The application fee for a new or
replacement utility pole under this section shall be four hundred dollars ($400).
13
(d) Rate for collocation. The rate for collocating a small wireless facility under this section
shall be one hundred dollars($100)per small wireless facility collocated on an authority
pole.
(e) Consolidated applications. An applicant may file a consolidated application under this
section regarding the collocation of twenty (20) small wireless facilities so long as the
proposed small wireless facilities and any new or replacement utility poles are of the
same design.
(f) Director's discretion. Approval of small wireless facilities under this section shall be at
the discretion of the director following the requirements and criteria stated in this section,
this article or Chapter 250 generally. Any application under this section may be denied by
the director if the application fails to meet any of the requirements of this section or any
of the requirements of this article or Chapter 250 generally.
SECTION 4 — REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts
of ordinances in conflict with this ordinance are hereby repealed.
SECTION 5 — SEVERABILITY CLAUSE. The portions of this Ordinance shall be
severable. In the event that any portion of this Ordinance is found by a court of competent
jurisdiction to be invalid,the remaining portions of this Ordinance are valid,unless said court finds
that the valid portions of this Ordinance are so essential and inseparably connected with and
dependent upon the void portion that it cannot be presumed that the Board of Aldermen would
have enacted the valid portions without the invalid ones, or unless the court finds that the valid
portions standing alone are incomplete and area incapable of being executed in accordance with
legislative intent.
SECTION 6—EFFECTIVE DATE. This ordinance shall be in full force and effect on
January 1, 2019.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by�a'�y�maj,ority of the Board of Aldermen and APPROVED by the Mayor of the City
of Riverside this �n„ day of )'V—c IIA , 2018.
. , 1 Mayor Kathleen L. Rose
E., r n, i
�17
a 44
' 4
Robin,K--'-6. C rk
14