The purpose of this chapter is to reasonably regulate the installation, operation, co-location, modification, and removal of small wireless facilities (SWFs) in City public rights-of-way, balancing the benefit of wireless services with other established goals, objectives and values of the City while promoting and protecting the public health, safety, and welfare. This chapter is not intended to prohibit or effectively prohibit personal wireless services or to discriminate among providers of personal wireless services.

   A.   This chapter is intended to meet the following goals:

      1.   Promote and protect the public health, safety and welfare by reducing the visibility and adverse impacts of SWFs to the fullest extent possible through the use of integrated design techniques and sensitivity to placement, height, and overall impacts.

      2.   Provide for the managed development and installation, maintenance, modification and removal of wireless communication infrastructure in the City without discriminating against wireless service providers of functionally equivalent services.

      3.   Encourage the effective deployment of smaller and less intrusive SWFs where such facilities will have the greatest value to existing wireless infrastructure and minimize adverse impacts upon other infrastructure, the rights-of-way, and the public health, safety and welfare.

      4.   Encourage the deployment of SWFs along arterial and collector streets and limit their deployment along local streets.

      5.   Encourage the location of SWFs in non-residential areas.

      6.   Encourage and support the co-location of SWFs wherever possible on both existing and new wireless support structures.

      7.   Enhance the ability of wireless service providers to provide services to the community quickly and efficiently.

      8.   Effectively manage SWFs in the public rights-of-way.

   B.   Nothing herein is intended to waive or limit the City's right to enforce or condition approval on compliance with generally applicable Building, Structural, Electrical and Safety Codes or with other laws codifying standards related to public health and safety. (Ord. 2018-16, 9-11-2018)

This chapter shall apply to the construction, modification, removal and operation of small wireless facilities (SWFs) installed in the public rights-of-way. All references to SWFs in this chapter shall refer only to SWFs in the public rights-of-way and not SWFs located anywhere outside of the public rights-of- way. No person shall install, construct, modify, or otherwise place any SWF within the public rights-of-way except pursuant to the provisions of this chapter. The definitions used in this chapter apply only to this chapter. (Ord. 2018-16, 9-11-2018)

In accordance with Federal and State law, the City may exercise zoning, land use, planning, placement and permitting authority with respect to wireless support structures and utility poles. This chapter is enacted pursuant and subject to the Federal Telecommunications Act of 1996 (47 USC section 332), the Spectrum Act (47 USC section 1455) the rules and regulations promulgated by the Federal Communications Commission ("FCC") under its rulemaking authority related to the installation and siting of wireless communications facilities, and title 54 chapter 21 of the Utah Code. To the fullest extent allowed under Federal and State law, rules and regulations, the City reserves the right to regulate zoning, land use, planning, placement and permitting related to wireless communication facilities. (Ord. 2018-16, 9-11-2018)

For the purposes of this chapter, the following terms and phrases are interpreted to have the meanings ascribed to them in this section:

ANTENNA: Communication equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of wireless service.

APPLICABLE CODES: The International Building Code, the International Fire Code, the National Electrical Code, the International Plumbing Code, and the International Mechanical Code, as adopted and amended under Utah Code Annotated, title 15A, State Construction and Fire Codes Act.

APPLICABLE STANDARDS: The structural standards for antenna supporting structures and antenna, known as ANSI/TIA-222, from the American National Standards Institute and the Telecommunications Industry Association.

APPLICANT: A wireless provider or their authorized agent who submits an application.

APPLICATION: A request submitted by a wireless provider for a permit to co-locate a small wireless facility in a right-of-way or to install, modify or replace a utility pole or a wireless support structure.

CO-LOCATE: To install, mount, maintain, modify, operate, or replace a small wireless facility on an existing wireless support structure.

DESIGN DISTRICT: An area that is zoned or otherwise designated by Municipal ordinance or this Code, and for which the City maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.

DIRECTOR: The Community Development Director or designee.

ELIGIBLE SUPPORT STRUCTURE: Any monopole, utility pole, wireless support structure or related accessory equipment, as defined in this section, provided that it is existing at the time the relevant application is filed with the City.

LOCAL STREET: A right-of-way designed primarily to serve land- access functions and projected trip length less than one mile, with two (2) lanes of ten feet (10') to twelve feet (12') in width and a design speed of twenty (20) to thirty (30) miles per hour.

MAJOR ARTERIAL STREET: A right-of-way designed primarily to serve through-traffic movements and projected trip length between one and two (2) miles, with six (6) lanes of twelve feet (12') in width and a design speed forty (40) to forty five (45) miles per hour.

MAJOR COLLECTOR STREET: A right-of-way designed primarily to serve through traffic movements and projected trip length of one mile, with two (2) to five (5) lanes of twelve feet (12') in width and a design speed of forty five (45) to fifty five (55) miles per hour.

MICRO-WIRELESS FACILITY: Refers to a type of very small wireless facility that, not including any antenna is no larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height, on which any exterior antenna is no longer than eleven inches (11"), and which only provides Wi-Fi service.

MINOR ARTERIAL STREET: A right-of-way designed primarily to serve through traffic movements and projected trip length of greater than one mile, with four (4) to five (5) lanes of twelve feet (12') in width and a design speed forty (40) to forty five (45) miles per hour.

MINOR COLLECTOR STREET: A right-of-way designed primarily to serve through traffic movements and projected trip length of one mile, with two (2) to three (3) lanes of eleven feet (11') to twelve feet (12') in width and a design speed of twenty five (25) to thirty five (35) miles per hour.

MONOPOLE: A structure in the right-of-way erected by an applicant or provider specifically to support SWFs.

NONDISCRIMINATORY: Describes the equal treatment of similar situated entities unless there is a reasonable, competitively neutral basis for different treatment.

PERMIT: Written authorization from the City allowing the provider to perform work pursuant to the installation of a small wireless facility.

RELATED ACCESSORY EQUIPMENT: Refers to equipment used in conjunction with an antenna or other component of SWFs which may be attached to a wireless support structure or located on the ground at or near the base of a wireless support structure.

RIGHT-OF-WAY: Refers to any area within, on, below, or above a public road, highway, street or alley, and may include sidewalks, park-strips and other areas associated with them and controlled by the City.

SMALL WIRELESS FACILITY (SWF): A wireless facility on which each provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume and for which all related accessory equipment, whether mounted on the pole or the ground, is cumulatively no more than twenty eight (28) cubic feet in volume.

SUBSTANTIAL MODIFICATION: A modification to an eligible support structure which: a) increases the height of the structure by more than ten percent (10%) or more than ten feet (10'), whichever is greater; b) involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than six feet (6'); c) involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; involves the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure; or involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; d) entails any excavation or deployment outside of the current site; or e) would defeat the concealment elements of the eligible support structure.

TECHNICALLY FEASIBLE: The demonstrated measure of the feasibility of a proposal as it relates specifically to projected constraints of engineering, impacts to the signal, spectrum, stability, or practical interference with other facilities or properties.

UTILITY POLE: A. A pole or similar structure in the public rights-of-way which is or may be used, in whole or in part, for: 1) wireline communications; 2) electric distribution; 3) lighting; 4) traffic control; 5) signage; 6) functions similar to items 1 through 5 of this subsection; or 7) the co-location of an SWF.

   B.   Utility pole does not include: 1) a wireless support structure; 2) a structure that supports electric transmission lines; or 3) a City owned structure that supports electric lines used for the provision of the City's electric service.

WIRELESS SUPPORT STRUCTURE: An existing or proposed structure located in the right-of-way and designed to support or to be capable of supporting an SWF. A wireless support structure does not include: a) a structure designed solely for the co-location of an SWF; b) a utility pole; or c) a City owned structure that supports electric lines used for the provision of the City's electric service. (Ord. 2018-16, 9-11-2018)

   A.   Application: All new small wireless facilities (SWFs) are required to make application to the City, providing information and materials as required by section 11-20-8 of this chapter. Applications for new SWFs will be reviewed for compliance with: 1) this section; 2) an applicable franchise agreement, a form of which is on file with the City; and 3) section 11-13-19 of this title, where applicable. The following facility types are allowed for SWF applications in the public rights-of-way:

      1.   Omni-directional antennas;

      2.   Radio units;

      3.   UE relays;

      4.   Power distribution modules;

      5.   Monopoles or utility poles where section 11-13-19 of this title and this chapter will allow;

      6.   New or replacement utility poles; or

      7.   Other technology that functions similar to those outlined in subsections A1 through A6 of this section, as may be subsequently determined by the Director.

   B.   Sidewalks: No SWFs shall be allowed within a sidewalk.

   C.   Prohibited: The following SWFs are prohibited in the public rights-of-way:

      1.   SWFs that may materially:

         a.   Interfere with the safe operation of traffic control equipment;

         b.   Interfere with the clear view for traffic and pedestrian safety as otherwise administered in the Clearfield City land use ordinances;

         c.   Create a public health or safety hazard;

         d.   Interfere with compliance with the Americans With Disabilities Act, or a similar Federal or State standard regarding pedestrian access or movement; or

      2.   Wireless communication facilities which do not qualify as SWFs under this chapter.

   D.   Non-Substantial Modification Permitted: Non-substantial modifications of existing eligible support structures in the public rights-of-way, which have been installed in accordance with the provisions of this chapter, are deemed to be allowed if:

      1.   The modification decreases the size or height of the facility;

      2.   The modification does not amount to a substantial modification as defined in this chapter; and

      3.   The modified facility will still meet applicable requirements of this chapter.

   E.   Zoning Districts:

      1.   All applications for SWFs must comply with this Code. SWFs are allowed within public rights-of-way in the different zoning districts according to table 1 of this section.

      2.   The Form Based Code zoning districts of the City are design districts. As a condition for approval in these zones, a provider shall adhere to reasonable design or concealment measures for a new SWF, new monopole or replacement utility pole. A provider shall also comply with reasonable stealth measures in these zoning districts, if such stealth measures are technically and economically feasible, consistent with title 54 chapter 21 of the Utah Code.

   TABLE 1

   SUMMARY OF SMALL WIRELESS FACILITIES AS BY ZONING DISTRICT AND MOUNTING TYPES

Key:

   N = Not permitted

   P = Permitted

Note:

   1.    Not permitted, with the exception that in cases where the right-of-way is greater than 60 feet in width, the SWF type is permitted.

(Ord. 2018-16, 9-11-2018)

   A.   Submittal To Include Site And Area Assessment: Applications for SWFs in the public rights-of-way shall include an assessment of the proposed site's position in relation to other sites and SWFs in the larger area. This assessment should include future SWFs and future modifications of existing SWFs which are planned within five (5) years of the application.

   B.   Co-Location And Application For New Monopoles: Wherever possible, the City encourages the installation of new SWFs in the public rights-of-way be accomplished by co-location with existing utility poles. Where new monopoles are necessary, the City strongly encourages designs which facilitate the co-location of future, additional SWFs.

   C.   Integrated Design Consideration Required: SWFs shall be integrated harmoniously into the wireless support structure and generally shall be installed in a manner minimizing or eliminating the visual impact. Such SWFs should not be readily noticed. To the maximum extent possible, the application shall consider the surrounding colors, materials, and architectural features to ensure that the design of the new facility is in harmony with the surrounding area. These treatments shall apply to all new equipment, extensions of height to accommodate equipment, and to new monopoles.

   D.   Height And Dimension Of New Monopoles And Replacement Utility Poles: Where allowed by this section, the height of new monopoles and replacement utility poles and the antenna they support in the public rights-of-way shall not exceed thirty feet (30') above ground level along local streets, and forty feet (40') above ground level on major and minor collector streets and major and minor arterial streets as identified by the City in the Transportation Master Plan. New monopoles and replacement utility poles for SWFs under this section shall not be greater than two feet (2') in diameter. The antenna of an SWF may not extend more than ten feet (10') above the top of a utility pole existing on or before September 1, 2018.

   E.   Power Supply: Power to the equipment for SWFs in the right-of- way must come through the base of the pole or infrastructure acting as the wireless support structure. Installation shall be accomplished in a manner that reduces visibility to the maximum extent possible.

   F.   Installation At Street Corners And Intersections: SWFs shall, where feasible, be located at the corner of street intersections.

   G.   New Poles Constructed Of Metal: New monopoles and replacement utility poles proposed to be constructed for SWFs under the provisions of this chapter shall be constructed of metal or other structurally similar material which can be painted or finished to appear to be metal. No new wood poles shall be installed or constructed to act as wireless support structures.

   H.   Obstruction Of Other Facilities: An SWF allowed under this chapter may not obstruct or hinder travel and public safety in the public rights-of-way or damage, obstruct or interfere with the facilities of another utility or another utility's use in the public rights-of-way. Construction and maintenance of an SWF by the wireless provider shall comply with all legal obligations for the protection of underground and overhead utility facilities.

   I.   Damage And Repair: If a wireless provider's activities of installation or maintenance to an SWF causes damage to a public right-of-way, the wireless provider shall repair the public right-of-way to the prior condition. The City shall notify the wireless provider of the need for repairs in writing.

      1.   If a wireless provider fails to make a repair required by the City under this section within a reasonable time after written notice, the City may make the repairs or cause the repairs to be made, and charge the wireless provider for the cost of the repairs.

      2.   If the damage described in this subsection causes an urgent safety hazard, the City may make the necessary repairs without notification or time period for response from the wireless provider, and may charge the wireless provider for the cost of the repairs.

   J.   Height Of Attached Equipment: SWF equipment on new monopoles, and replacement and existing utility poles, shall be placed higher than eight feet (8') above ground level.

   K.   Grounding Rods And Pull Boxes: The grounding rod may not extend above the top of a sidewalk and must be placed in a pull box. The ground wire between a pole and ground rod must be inside an underground conduit. All pull boxes must be vehicle load bearing, and comply with any applicable Utah Department of Transportation Standards. A concrete apron must be installed around all pull boxes not located in the sidewalk. No new pull boxes may be located in pedestrian ramps or sidewalks.

   L.   Wiring: No exposed wiring is permitted. Above the electric meter and disconnect switch, all wiring shall be located inside the pole or covered by conduit.

   M.   Additional Clearance Requirements: Wireless provider shall comply with the National Electric Safety Code regarding clearances from existing power lines, and shall adhere to a twenty five percent (25%) adder to the existing clearance table.

   N.   Relocation: In accordance with section 54-21-603 of the Utah Code, and the terms outlined in the franchise agreement, the City may require a provider to relocate or adjust an SWF in a public right-of-way in a timely manner and without cost to the City. (Ord. 2018-16, 9-11-2018)

   A.   New Poles: When applying to install or construct new monopoles or replacement utility poles, the applicant must demonstrate to the reasonable satisfaction of the City, and the City must make a finding that alternate locations of antenna, other SWFs on existing utility poles, co-locating with existing SWFs, or use of related accessory facilities will not meet the applicant's reasonable communication needs. The applicant may be required to submit evidence to demonstrate these conditions including but not limited to the following:

      1.   That no existing poles with a suitable height are located within the geographic area required to meet the applicant's engineering requirements, even if the applicant increases the number of poles and antennas it uses;

      2.   That existing poles do not have sufficient structural strength to support applicant's proposed SWF;

      3.   That the applicant's proposed SWFs would cause electromagnetic interference with the SWFs on the existing facilities or the existing SWF would cause interference with the applicant's proposed SWF; and

      4.   That there are other limiting factors that render existing poles, equipment and other SWFs on or in which applicant might co-locate unsuitable for co-location. (Ord. 2018-16, 9-11-2018)

No new SWF shall be installed or constructed, and no initial location, co-location, or modification to any SWF may occur except after submission of a written request from an applicant, reviewed and approved by the City. All SWFs shall be reviewed pursuant to the following:

   A.   Franchise Agreement: Prior to the City approving a permit, the applicant must have entered into a small cell wireless franchise agreement with the City.

   B.   Application Form: The applicant shall submit an application for an SWF to the City. The City will provide an application form for use by the applicant. The form must be signed by an authorized official or employee of an applicant, and be accompanied by a signal interference letter, required submittal fees, and the following documents for each proposed SWF:

      1.   An accurately scaled site plan of all of applicant's proposed SWF on paper and in electronic (pdf) format. The plan shall contain data about the physical aspects of the SWF required by the City, including but not limited to height and dimensions of the SWF, range of transmission, type of transmission, location and dimensions of the pole or support, owner of the pole or support, and similar information;

      2.   Accurate photo simulation and scaled elevation of the proposed SWF and the new or existing structure it is to be mounted to;

      3.   Industry standard pole load analysis, including information demonstrating the structural calculations for the supporting structure;

      4.   Letters, agreements, or other documents showing permissions to locate SWF on the structure or structures of other owners;

      5.   Letters, reports or memoranda signed by appropriate qualified professionals showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, pole height, setbacks, drives, parking, landscaping, adjacent uses, drainage, and other information deemed by the City to be necessary to assess compliance with this chapter;

      6.   An affidavit that the SWF shall be operational for use by a wireless service provider within two hundred seventy (270) days after the day on which the City issues the permit.

         a.   In addition to the affidavit submitted under this subsection B6, a provider must also submit either a copy of their FCC license, or a letter signed by an FCC license holder confirming that the SWF will be providing service through its network.

   C.   Inventory Of Existing Sites: Applicants for SWFs shall provide the City an accurate narrative and map description of all of the applicant's existing or proposed SWFs within the City, and outside of the City within one mile of the City boundary.

   D.   Application For New Poles: Applications to erect new monopoles, replacement utility poles or other wireless support structures in the public rights-of-way shall be reviewed by the Director or designee for conformance with the requirements of this chapter, any applicable portions of franchise agreements or other ordinances of the City. All applications for new monopoles, replacement utility poles or new wireless support structures shall demonstrate the necessity for the new pole or structure, showing that alternative design options or use of existing facilities for co-location is not viable.

   E.   Response And Timing: Within thirty (30) days of receiving an application for an SWF, the City shall determine whether the application is complete, and notify the applicant in writing of the determination. If the City has determined that the application is incomplete, the written communication to the applicant shall detail the deficiencies of the application and any additional information needed.

      1.   Expiration: An application for an SWF will expire if the City notifies the applicant that the application is incomplete and the applicant fails to respond within ninety (90) days after the date of the notification.

      2.   Complete Application: When an application has been determined to be complete, the City shall process the application in a timely manner, and approve or deny the application within sixty (60) days after the application is complete for an application for co-location of an SWF; or one hundred five (105) days after the application is complete for an application for new monopole or replacement utility pole.

      3.   Approval: If the City fails to either approve or deny an application within the applicable time period, the application is approved.

      4.   Denial And Revised Applications:

         a.   The City may deny an application to co-locate an SWF or to install, modify or replace a monopole or utility pole that meets the height limitations of this chapter, only if the action requested in the application:

            (1)   Materially interferes with the safe operation of traffic control equipment;

            (2)   Materially interferes with a sight line or a clear zone for transportation or pedestrians;

            (3)   Materially interferes with compliance with the Americans With Disabilities Act of 1990, 42 USC section 12101 et seq., or a similar Federal or State standard regarding pedestrian access or movement;

            (4)   Fails to comply with applicable laws or legal obligations;

            (5)   Creates a public health or safety hazard; or

            (6)   Obstructs or hinders the usual travel or public safety of the public rights-of-way.

         b.   If an application for an SWF is denied under the provisions of this chapter, the City shall document the basis of the denial and send notice including that documentation to the applicant.

         c.   Within thirty (30) days after the denial of the application, the applicant may cure the deficiency and resubmit the application without additional fees. The City shall approve or deny a resubmitted application within thirty (30) days of the revised application.

   F.   Exceptions To Permitting:

      1.   Except as otherwise provided, applications for permits are not required for:

         a.   Routine maintenance of the SWF or support structures for the SWF;

         b.   The replacement of one SWF with another SWF of substantially similar or smaller size;

         c.   The installation of a micro wireless facility that is strung on a cable between two (2) existing utility poles in compliance with the National Electrical Safety Code; or

         d.   Non-substantial modifications as described in this chapter.

      2.   Notwithstanding the above, a wireless provider shall give the City ten (10) days' advance notice before conducting any of the activities outlined in subsection F1 of this section.

   G.   Excavation Permits: Notwithstanding the permitting exceptions outlined in subsection F of this section, an applicant or entity must apply for a permit for any work that requires excavation or the closing of sidewalks or vehicular lanes in a public right-of- way.

   H.   Consolidated Applications:

      1.   The City shall allow an applicant:

         a.   For co-location of SWFs, to file a consolidated application for the co-location of up to twenty five (25) SWFs, if all of the SWFs in the consolidated application are substantially the same type, and are proposed for co-location on substantially the same types of structures;

         b.   For installation, modification or replacement of monopoles or utility poles, to file a consolidated application for up to twenty five (25) monopoles or replacement utility poles.

      2.   An applicant may not file within a 30-day period more than one consolidated application, or multiple applications that collectively seek permits for a combined total of more than twenty five (25) SWFs and monopoles or replacement utility poles.

      3.   A consolidated application may not combine applications solely for co-location of SWFs on existing utility poles with applications for the installation, modification or replacement of a monopole or utility pole. (Ord. 2018-16, 9-11-2018)

   A.   Application Fees:

      1.   The application fee for the co-location of an SWF on an existing or replacement utility pole is set forth in the City's consolidated fee schedule, and is applicable for each SWF on the same application.

      2.   The application fee for a permitted use to install, modify or replace a utility pole associated with an SWF is set forth in the City's consolidated fee schedule, and is applicable per application.

      3.   The application fee for an activity that is not a permitted use to:

         a.   Install, modify or replace a utility pole; or

         b.   Install, modify or replace a new utility pole associated with an SWF is set forth in the City's consolidated fee schedule, and is applicable per application.

   B.   Additional Fees: Application fees for SWFs are in addition to all applicable fees already set forth in the City's consolidated fee schedule, such as:

      1.   Pole attachment fees that may be charged to a wireless provider by the City or another entity which owns a structure upon which the SWF is located;

      2.   Fees required to occupy the public rights-of-way; or

      3.   Fees for excavation, building or other permits required for installation or construction.

   C.   Co-Location Fees: The fee to co-locate an SWF on a City utility pole is set forth in the City's consolidated fee schedule, per City utility pole, and determined by State law.

   D.   Rights-Of-Way Rates:

      1.   For the right to use or occupy the public rights-of-way, the wireless provider shall pay the City the greater of:

         a.   3.5 percent of all gross revenue related to the wireless provider's use of the public right-of-way for its SWF; or

         b.   An amount reflected in the City's consolidated fee schedule to be paid annually for each SWF.

   E.   Monthly Payments: The wireless provider shall remit the public right-of-way rate payments to the City on a monthly basis. (Ord. 2018-16, 9-11-2018)

In some circumstances the City may take steps to revoke a permit granted for the installation of an SWF and to cause the removal or modification of such a facility.

   A.   Revocation: The City may revoke any permit granted for installation of an SWF under this chapter if it finds that:

      1.   The SWF was constructed without a permit or is in operation in violation of the terms of a required franchise agreement.

      2.   The SWF was constructed or installed at an unauthorized location.

      3.   There has been a misrepresentation in the application for the SWF.

      4.   There is a violation of the requirements of this chapter.

      5.   There is a violation of the terms of the permit.

      6.   There is a violation of the requirements of other departments of the City or of the terms of permits issued by other departments of the City related to the installation of the SWF.

      7.   There is a failure to pay fees and taxes as required under this chapter or a pertinent franchise agreement.

      8.   There is demonstrated insolvency or bankruptcy of the permittee.

      9.   Facilities, including any pole, in the public rights-of-way have been abandoned and have not been removed.

         a.   Abandonment may be presumed to have occurred if the use has been discontinued for a minimum of one year, or the structure remains vacant for a period of one year.

         b.   The provider may rebut the presumption of abandonment, and has the burden of establishing that any claimed abandonment has not occurred.

   B.   Notice: In the event that the City finds that there are grounds for revocation of a permit, the City shall give written notice of the apparent violation or noncompliance to the provider or owner of the facility, and provide a period not to exceed thirty (30) days in which the provider or owner of the facility may:

      1.   Show that corrective actions have been or are being actively pursued in order to remedy the violation or noncompliance.

      2.   Provide evidence rebutting the City's findings of noncompliance or violation.

   C.   City Action: In the event that an applicant holding a permit fails to show corrective actions or successfully rebut the City's findings of noncompliance or violation, the City may revoke the permit and take necessary actions to cause the removal of the SWF or related accessory equipment found to be in violation or noncompliant. When a permit has been revoked by the City under this subsection, it shall be considered an unauthorized facility.

   D.   Removal Of Unauthorized Facilities: Within forty five (45) days of written notice by the City, a provider or owner of an SWF which has not been authorized by permit or for which a permit has been revoked under this chapter shall, at its sole expense, remove any facilities from the public rights-of-way. If the facilities are not removed from the public rights-of-way within this time, the City may cause such removal and charge the provider or owner for the costs incurred. (Ord. 2018-16, 9-11-2018)

   A.   Lighting: SWFs shall not be lighted. In cases where the equipment is mounted on a light pole, the placement of the equipment shall be considered in order to minimize visibility when the street light is lit.

   B.   Noise: Noise generated by small cellular technology wireless facilities shall not exceed levels permitted by the City or the Davis County Health Department.

   C.   Indemnity And Insurance: A wireless provider shall indemnify the City as set forth in the franchise agreement. A wireless provider shall also obtain and provide proof of insurance coverage as required by the franchise agreement. Each permit issued for an SWF located in the public right-of-way shall be deemed to have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the City and its officials, officers, agents, employees, volunteers and contractors from any and all liability, damages, or charges, including attorneys' fees and expenses, arising out of claims, suits, demands or causes of action as a result of the permit process, a granted permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal or restoration of the SWF.

   D.   Damage: No provider or wireless facility owner or any person or entity acting on their behalf shall take any action or permit any action to be taken which may impair or damage any public right-of-way or the property of another located in, on, or adjacent to the public right-of-way.

   E.   Pruning Of Trees And Shrubs: If a provider determines that trees and vegetation in the right-of-way interfere with the installation, maintenance, or removal of the provider's SWF or related accessory equipment, a request may be made to the City for such trimming or pruning to be done by the Public Works Department. Such a request shall be made with specificity sufficient for the City's employees to assess the work that may be needed. The provider shall not perform work, or cause work to be performed, relative to the pruning or trimming of trees or vegetation in the public rights-of-way unless specifically directed to do so by the City's Public Works Department after consideration of a request and according to established standards.

   F.   Replacement Utility Poles: When replacing a utility pole, a provider must install or construct the new utility pole in the same location, or as close to the same location as possible, as the pole being replaced unless another location is authorized in writing by the City. (Ord. 2018-16, 9-11-2018)