(a)

General.

(1)

Purpose. The purpose of this section is to establish nondiscriminatory policies and procedures for use of the rights-of-way and more specifically the placement of small wireless facilities in rights-of-way within Calcasieu Parish, which will provide public benefit consistent with the preservation of the integrity, safe usage, and reasonable aesthetic qualities of the rights-of-way and the parish as a whole.

(2)

Intent. In enacting this section, the police jury is establishing uniform standards to address the placement of small wireless facilities and associated poles in the rights-of-way, including without limitation, to:

a.

Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

b.

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

c.

Prevent interference with the facilities or public utilities and operations of facilities lawfully located in rights-of-way or public property;

d.

Protect against environmental damage, including damage to trees;

e.

Preserve the character of established overlay districts and/or areas within Calcasieu Parish; and

f.

Facilitate rapid deployment of small cell facilities to provide the benefits of wireless services.

(3)

Conflicts. This section supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.

(b)

Permitted uses, application, and fees.

(1)

Permitted uses. The following uses within the rights-of-way shall be permitted uses, subject to director review and issuance of a development permit.

a.

Co-location of a small wireless facility that does not exceed the maximum height set forth in this section; and

b.

Placement of a new or modified utility pole to be used for co-location of a small wireless facility that does not exceed the maximum height set forth in this section.

(2)

Development permit required. Except as otherwise provided in this section, no person shall place any facility described in this section in the rights-of-way, without first filing an application for the same and obtaining a permit therefor.

(3)

Development permit application. All applications for permits filed pursuant to this section shall be on a form, paper or electronic, provided by the division of planning and development. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly, and the police jury shall treat the information as proprietary and confidential, subject to applicable law.

(4)

Application requirements. A permit application must be submitted for each individual small cell wireless facility location. Each location is required to have a separate application. Multiple locations cannot be submitted on one (1) application. The application for permits filed pursuant to this section shall be made by the service provider or its duly authorized representative and shall contain the following:

a.

The applicant's name, address, telephone number, and e-mail address;

b.

The names, addresses, telephone numbers, and e-mail addresses of all duly authorized representatives and consultants, if any, acting on behalf of the applicant with respect to the filing of the application;

c.

A general description of the proposed small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;

d.

Scaled maps, depicting (i) all existing small wireless facilities (including carrier information) within two thousand five hundred (2,500) feet of the proposed small wireless facility; and (ii) all planned or proposed small wireless facilities, by the applicant, within two thousand five hundred (2,500) feet of the small wireless facility/location being proposed; and

e.

A statement that the small wireless facility shall comply with all applicable codes, including the standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and the Americans with Disabilities Act.

(5)

Routine maintenance and replacement. An application shall not be required for: (i) routine maintenance; (ii) the replacement of a small wireless facility with another small wireless facility that is the same, substantially similar or smaller in size and weight and height; or (iii) the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles, in compliance with the applicable codes. The police jury may require additional permitting for work that requires excavation or closure of sidewalks or vehicular lanes within the rights-of-way for such activities. Such permit(s) must be issued to the applicant on a nondiscriminatory basis upon terms and conditions applied to any other person's activities in the rights-of-way that require excavation, closing of sidewalks, or vehicular lanes.

(6)

Information updates. Any amendment to information contained in a permit application shall be submitted in writing to the division of planning and development within thirty (30) days after the change necessitating the amendment.

(7)

Application fees. Application fees shall be subject to the following requirements:

a.

All applications for permits pursuant to this section shall be accompanied by an objectively reasonable and nondiscriminatory fee that recovers no more than the police jury's reasonable and direct costs related to processing the application but shall not exceed one hundred dollars ($100.00) per application. If a batch of applications is submitted at once from a single applicant, the fee will be one hudnred dollars ($100.00) per application up to five (5) applications and fifty dollars ($50.00) for each additional application included in the batch. Multiple small wireless facilities may be located on the same site. Multiple small wireless facilities co-located on the same wireless support structure only need one (1) application, as long as each separate small wireless facility is depicted in the application; and

b.

The application fee for the installation, modification or replacement of a utility pole together with co-location of an associated small wireless facility in the rights-of-way that are permitted uses in accordance with this section shall not exceed two hundred fifty dollars ($250.00) per utility pole.

(c)

Action on permit applications.

(1)

Standard of review for applications.

a.

The director shall review the application for a small wireless facility (including any associated new, replacement or modified utility pole or other support structure) and shall issue a development permit on nondiscriminatory terms and conditions only if the proposed facility is in conformity with applicable provisions of this section and any other applicable code sections, including, but not limited to, sections 26-244 and 26-249.

b.

The director may deny a proposed co-location of a small wireless facility or construction of an associated new, replacement or modified utility pole or other support structure only if the proposed application:

1.

Interferes with the safe operation of traffic control equipment;

2.

Interferes with sight lines or clear zones for transportation or pedestrians;

3.

Interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;

4.

Fails to comply with reasonable and nondiscriminatory spacing requirements that apply to other communications service providers and electric utilities in the rights-of-way and that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a small wireless facility from serving any location;

5.

Fails to comply with applicable local, federal and state laws, regulations and codes; or

6.

Fails to comply with the requirements of this article.

The director's denial of any individual application for a site within a single batched submittal shall not affect other individual applications for sites submitted in the same batched submittal. The director shall grant a permit for any and all individual applications for sites in a single batched submittal that it does not deny subject to the requirements of this section, or other applicable law.

(2)

Timeframes for review. An application for a small wireless facility shall be reviewed by the director within the applicable timeframes in accordance with federal regulations or law, as may be applicable and as may be amended.

(3)

Waivers. Any applicant may seek a waiver of the requirements in this section, which may be granted by the director upon good cause shown, as determined by the director. Such waivers shall be requested in writing and granted in a nondiscriminatory manner.

(d)

Maximum height; other requirements.

(1)

Size of permitted use. Small wireless facilities, and new or modified utility poles for the co-location of small wireless facilities may be placed in the rights-of-way as a permitted use subject to the following requirements:

a.

Each new or modified utility pole installed in the rights-of-way shall not exceed the greater of:

1.

Ten (10) feet in height above the tallest existing utility pole in the rights-of-way in place as of the effective date of this section located within five hundred (500) feet of the new utility pole in the same rights-of-way; or

2.

Fifty (50) feet above ground level.

b.

New small wireless facilities in the rights-of-way shall not exceed the greater of:

1.

Ten (10) feet in height above an existing utility pole in the rights-of-way in place as of the effective date of this section located within five hundred (500) feet of the new small wireless facility; or

2.

Fifty (50) feet above ground level.

Any service provider that seeks to install, modify, operate or replace a utility pole in the rights-of-way that exceeds the height or size limits contained in this section, shall be subject to applicable requirements.

(2)

Decorative poles. A service provider may be permitted to co-locate on or replace a decorative pole when necessary to co-locate a small wireless facility but any such replacement pole shall reasonably conform to the design aesthetics of the original decorative pole to the extent technically feasible.

(3)

Overlay district. The director may require written, objective reasonable, technically feasible, nondiscriminatory and technologically neutral design or concealment measures in an overlay district. Any such design or concealment measures may not have the effect of prohibiting any provider's technology; nor may any such measure be considered part of the small wireless facility for purpose of the size restrictions in the definition of small wireless facility.

(4)

Color. Applicant shall comply with any reasonable, technically feasible requirements regarding the color of the small cell wireless facilities, unless a different color is needed for public safety or service reliability reasons.

(5)

New or modified utility pole. Any new or modified utility pole shall meet the aesthetic characteristics of surrounding utility poles.

(6)

Wiring and cabling. Wires and cables serving the small wireless facility shall be installed in accordance with all applicable codes. In no event shall wiring and cabling serving the small wireless facility interfere with any wiring or cabling installed by a cable television or video service operator, electric utility, or telephone company.

(7)

Guy wires restricted. Guy wires and similar support structures may not be used as part of the installation of any small wireless facility, unless the small wireless facility is proposed to be attached to an existing utility pole that incorporated guy wires prior to the date of the small cell application.

(e)

Order of preference for wireless support structures. The following list indicates the order of preference for wireless support structures for small wireless facilities.

(1)

Co-locations. Co-locations on an existing small wireless structure should be explored for all new small wireless facilities that are within two hundred fifty (250) feet from an existing wireless support structure. Proposals for new small wireless facilities that are within two hundred fifty (250) feet of an existing facility and are not co-located shall be supported by evidence that co-location is either not technically feasible or space on the existing facility is not available. Co-locations between multiple wireless service providers on the same support structure are encouraged whenever feasible. If the applicant chooses to not co-locate when options appear available, demonstrative proof must be provided as to why co-location is not feasible.

(2)

Existing utility poles. It is preferable that small wireless facilities be installed on existing utility poles (electric or telephone) or secured to existing telephone or electrical lines between existing utility poles. Where a new utility pole is being proposed, no final electrical approval will be issued until existing utility pole is removed. New poles must be similar in materials and diameter to poles being replaced.

(3)

New poles. If the first two (2) items have proven to be unavailable, it is preferable that a new pole is installed to serve as a wireless support structure. A new pole shall be consistent with the heights of poles nearest to the proposed site.

(4)

Non-decorative service poles. If the applicant cannot secure the rights to use existing utility poles under reasonable terms and conditions or the utilization imposes technical limitations, and locations for new poles are not available, it is preferable that the applicant next look to existing non-decorative service poles, such as street lights.

(5)

Sign poles or other structures. The only sign poles or structures that may be considered are those that are at least fifteen (15) feet tall.

(6)

Decorative service poles. The use of decorative police jury service poles as small wireless support structures is discouraged. These should only be proposed if the items listed above are unavailable or when requested by the police jury based on the proposed location. The use of decorative police jury service poles is the least preferred option for small wireless support structures and will only be considered on a case-by-case basis and based on an applicant's establishment that no other feasible alternative is available.

(f)

Effect of permit.

(1)

Authority granted. A development permit authorizes an applicant to undertake only certain activities in accordance with this section and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the rights-of-way.

(2)

Permit duration.

a.

A development permit for construction granted pursuant to this section shall be valid for a period of one hundred eighty (180) calendar days after issuance unless the director and applicant agree to extend this period due to delay caused by the lack of commercial power or communications facilities.

b.

Subject to applicable relocation requirements and applicant's right to terminate use at any time, the approval does not expire, so long as the service provider is in compliance with the requirements in this section.

(g)

Removal, relocation, or modification of small wireless facilities in the rights-of-way.

(1)

Notice. While the police jury shall make efforts to provide the greatest practical notice possible, within ninety (90) calendar days following written notice from the police jury, the service provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the police jury has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, installation and/or expansion of any public rights-of-way. If the wireless provider fails to take the necessary actions within ninety (90) calendar days after written notice, the police jury may take the necessary actions and charge the applicable party the reasonable, documented cost of such actions.

(2)

Emergency removal or relocation of facilities. The police jury retains the right and privilege to cut or move any small wireless facility located within the public rights-of-way in the event of an emergency, as the police jury may determine to be necessary, appropriate or useful in response to any imminent danger to public health, safety, or property. If circumstances permit, the police jury shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider promptly after cutting or removing a small wireless facility.

(3)

Abandonment of facilities. A wireless provider is required to notify the police jury of abandonment of any small wireless facility at the time the decision is made to abandon, but in no case shall such notification be made later than thirty (30) days prior to abandonment. Following receipt of such notice the police jury may direct the wireless provider to remove all or any portion of the small wireless facility that the police jury, or any of its departments, determines would be in the best interest of the public health, safety and welfare to remove. If the wireless provider fails to remove the abandoned facility within sixty (60) days after such notice, the police jury may undertake to do so and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.

(4)

Damage and repair. The police jury may require a wireless provider to repair all damage to the rights-of-way caused by the activities of the wireless provider and return the rights-of-way to its functional equivalence before the damage pursuant to the competitively neutral, reasonable requirements, and specifications. If the wireless provider fails to make the repairs within ninety (90) days after written notice, the police jury may affect those repairs and charge the applicable party the reasonable, documented cost of such repairs.

(h)

Rights-of-way rate. The applicant will pay an annual nondiscriminatory rate for non-exclusive access to the rights-of-way. A wireless provider authorized to place small wireless facilities and any related utility pole in the rights-of-way shall pay to the police jury compensation for use of the rights-of-way in the amount of one hundred dollars ($100.00) annually per small wireless facility.

A wireless provider may remove its facilities at any time from the rights-of-way and cease paying the police jury compensation for use of the rights-of-way as of the date of removal of the facilities. However, the police jury shall not be required to return any payment, or any portion thereof, made by a wireless provider.

(i)

Attachment to parish poles in rights-of-way.

(1)

Co-location on parish poles. Small wireless facilities may be co-located on parish poles pursuant to this section. No person will be permitted an exclusive arrangement to attach to parish poles. A person who purchases or otherwise acquires use of a parish pole is subject to the requirements of this section.

(2)

Annual rate. The rate for co-location of a small wireless facility on a parish pole in the rights-of-way shall be one hundred dollars ($100.00) per year. Such compensation together with the application fee and the rights-of-way fee specified in this section shall be the sole compensation that the wireless provider shall be required to pay the division of planning and development.

(3)

Cease payment. A wireless provider may remove its facilities at any time from a parish pole in the rights-of-way and cease paying the annual rate to the parish as of the date of removal of the facilities. However, the parish shall not be required to return any payment, or any portion thereof, made by a wireless provider.

(4)

Make-ready. The rates, fees, terms and conditions for the make-ready work to co-locate a small wireless facility on a parish pole must be nondiscriminatory, competitively neutral, comply with this section and be subject to the following:

a.

The police jury or any person owning, managing, or controlling the parish poles shall provide a good faith estimate for any make-ready work reasonably necessary to make a specific parish pole suitable for attachment of the requested small wireless facility, including pole replacement if necessary, within sixty (60) calendar days after receipt of a completed request. Make-ready work including any pole replacement shall be completed within sixty (60) calendar days of written acceptance of the good faith estimate by the applicant; and

b.

The police jury or any person owning, managing, or controlling the parish poles shall not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work shall not include costs related to pre-existing or prior damage and non-compliance. Fees for make-ready work including any pole replacement shall not exceed actual and direct costs, or the amount charged to others for similar work and shall not include any revenue or contingency-based consultant fees or expenses of any kind.

(Ord. No. 7275, § 2, 11-7-19)