The purpose of this Article is to establish guidelines and regulations for the siting of all wireless, cellular, television, and radio telecommunications facilities, including all equipment and network components, exclusive of any underlying support structure, such as antennas, transmitters, receivers, base stations, power supplies, cabling, accessory equipment, or other mechanisms used to provide and or aid the transmission of wireless data, cellular, television, radio, or other telecommunications services. The Mayor and Council recognize that the city is to provide for the siting of telecommunication facilities, support structures, and antennas pursuant to the mandates of the Telecommunications Act of 1996. While mandated to make such provisions, the Mayor and Council also recognize that telecommunications facilities, such as towers and monopoles, telecommunication support structures, and antennas may negatively impact the aesthetic appearance of the city, and may reduce the property value of lots proximately located to such telecommunication support structures, particularly when they are sited adjacent to residential areas.

The goals of this Article, therefore, are:

1.

To encourage the location of telecommunications facilities, including all Telecommunication Support Structures, Equipment, and/or Antenna(s) in nonresidential areas;

2.

To promote the health, safety, and general welfare of the public by regulating the sitting of and establishing development standards for wireless facilities and related wireless support structures, equipment, and infrastructure;

3.

To minimize the total number of telecommunication support structures within the community necessary to provide adequate personal wireless services to residents of College Park;

4.

To encourage the joint use of new and existing telecommunication support structure sites among service providers;

5.

To locate telecommunication facilities and antennas in areas where adverse impacts on the community are minimized;

6.

To encourage the design and construction of telecommunication facilities and antennas in a manner that minimizes adverse visual impacts;

7.

To follow and promote policies embodied in Section 704 of the Federal Telecommunications Act of 1996 and O.C.G.A. § 36-66B-1, et al., in such a manner as not to unreasonably discriminate between providers of functionally equivalent wireless services or to prohibit or have the effect of prohibiting personal wireless services in the city;

8.

To encourage the location of telecommunication support structures on municipal property; and

9.

To enhance the ability of the providers of wireless telecommunications services to deliver such services to the community effectively, efficiently and safely.

Except as specifically defined in this section, all words used in this Article shall be as defined in The Latest Illustrated Book of Development Definitions (2007, Rutgers). Words not defined herein or in the above-referenced text shall be construed to have the meaning given by common and ordinary usage and shall be interpreted within the context of the sentence, section and article in which they occur.

Alternative Telecommunication Support Structure: Clock telecommunication support structures, bell telecommunication support structures, church steeples, light/power poles, electric transmission telecommunication support structures, man-made trees and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or telecommunication support structures. An alternative telecommunication support structure may include a pre-existing building and an outdoor advertising sign.

Antenna: Any equipment designed for wireless telecommunication, radio or television communications through the sending and/or receiving of electromagnetic waves or beams of visible or invisible light and radio signals used in the provision of all types of telecommunication services, including standalone equipment and equipment affixed to or proposed to be affixed to existing telecommunication support structures and/or authorized alternative telecommunication support structures.

Applicant: A person or entity with an application for the permit of the erection of, modification of, or co-location of telecommunication facilities in the city, whether located on private lands or in a public right-of-way. For purposes of this Article, this term shall include any co-applicant or party with an ownership interest in a proposed or affected existing telecommunication facility including, but not limited to, property owners, telecommunication support structure owners and any proposed tenants for the facility.

Chief Building Inspector: See definition of Building Inspector in Section 1.4 of the Zoning Ordinance.

Co-location or Co-locate: The placement or installation of new telecommunications facilities including, but not limited to, antennas, upon a single telecommunication support structure or alternative telecommunication support structure previously approved and constructed, including towers and monopoles, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding telecommunications support structure in the city.

Commission: The Georgia Public Service Commission.

Decorative Pole: A pole owned by the City of College Park that is specially designed and placed for aesthetic purposes.

Department: The College Park Department of Building and Inspections, including the Chief Building Inspector and authorized personnel.

Equipment: Any device or telecommunications infrastructure component serving or being used in conjunction with the delivery or transmission of all types of telecommunication services including, but not limited to, antennas, utility transmission devices, power supplies, generators, batteries, cables, storage sheds, shelters or similar structures, small cell devices and similar wireless transmitters or conduits.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

Geographic Search Area: The geographic area within which the placement of equipment is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

Grantee: Applicant in receipt of written authorization from the city to erect, operate and/or maintain telecommunication facilities in the public rights-of-way.

Guyed Structure: A style of telecommunication support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

Height: When referring to a telecommunication support structure or other structure, shall mean the distance measured from ground level to the highest point on the telecommunication support structure or alternative telecommunication support structure, including all antennas or lightning rods.

Micro Wireless Facility: A Small Wireless Installation not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height that has an exterior antenna, if any, no longer than eleven (11) inches.

Modification or Modify: The change, or proposed change, of any portion of an existing telecommunication facility from its description as previously approved by the city, including improvements, upgrades, expansions or the replacement of any existing telecommunication equipment, conduit or infrastructure apparatus, provided such improvement, upgrade, expansion or replacement does not increase the height of the telecommunication support structure.

Monopole: A style of freestanding telecommunication support structure that consists of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on the roof of a building.

Pole: A vertical pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an authority pole. Such term shall not include any other telecommunication support structure or alternative telecommunication support structure, as otherwise defined herein, decorative pole, or electric transmission structure.

Pre-existing Telecommunication Support Structures and Antennas: Structures as set forth in Section 7.3.3 of this Article.

Provider: Any legal entity authorized and/or engaged in the provision of telecommunication services.

Public Officer: As used in O.C.G.A. §§ 41-2-7 to 41-2-17, shall mean the Chief Building Inspector of, or Director of, the College Park Department of Building and Inspections.

Public Right-of-Way or Public Rights-of-Way: Means and includes all public streets and utility easements now or hereafter owned by or granted to the city, but only to the extent of the city's right, title, interest or authority to authorize or permit an applicant to occupy and use such streets and easements for the erection and operation of telecommunication facilities.

Public street: A street, road, highway, boulevard, freeway, lane, path, alley, court, sidewalk, parkway or drive which is owned by a public entity or to which a public entity has an easement for street purposes, and with respect to which, and to the extent that, the city has a right to grant use of the surface of and space above and below in connection with an authorized provider of telecommunication services and/or owner of telecommunication facilities.

Small Cell or Small Cell Installations: An antenna facility that meets the following conditions:

1.

Mounted on structures fifty (50) feet or less in height, including their antennas; or

2.

Mounted on structures no more than ten (10) percent taller than other adjacent structures; or

3.

Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater; and

4.

Each antenna, excluding associated equipment, is no more than three (3) cubic feet in volume; and

5.

All wireless equipment associated with the structure, including any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume.

Substantial Increase in Size shall mean:

1.

Any increase in an existing telecommunication support structure's Height by more than ten (10) percent or ten (10) feet (on private property) or twenty (20) feet (on right-of-way), whichever is greater, or width of the added appurtenances more than twenty (20) feet on private property or six (6) feet on the right-of-way, as previously approved by the city, as a result of modification or co-location of antennas or similar telecommunication equipment;

2.

An increase in the dimensions of a telecommunication facility's equipment compound as approved by the city as a result of modification or co-location;

3.

A modification or co-location that will, as proposed, violate condition(s) of approval of an existing telecommunication facility, including any subsequently adopted amendments;

4.

A modification or co-location of equipment that, as proposed, will exceed the applicable weight limits for an existing telecommunication facility, as approved by the city;

5.

The addition of more than four (4) new equipment cabinets or one (1) new shelter; and/or

6.

The excavation of outside existing leased or owned property and current easements;

7.

For concealed or stealth-designed facilities, if a modification or co-location would defeat the concealment elements of the wireless tower or base station.

Telecommunication Facility or Facilities: Any physical component utilized in the provision of all types of telecommunications services, including all telecommunication support structures, alternative telecommunication support structures, antennas, equipment, infrastructure apparatus, base support mechanism, accessory equipment, towers, monopoles, small cell installations, and physical attachments necessary for the provision of such telecommunications services.

Telecommunication Facility Owner: Any person or entity that directly or indirectly owns, controls, operates or manages telecommunication facilities, including any related equipment or property within the city, used or to be used for the purpose of offering or transmitting signals used in the provision of any telecommunication services.

Telecommunications Service(s): The transmittal of voice, data, image, graphic and video programming between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or other facilities. This term shall include commercial mobile radio services, unlicensed wireless services and common carrier wireless exchange services as identified in the Telecommunications Act of 1996.

Telecommunication Support Structure: Any freestanding structure that is designed to support or capable of supporting and constructed primarily for the purpose of supporting telecommunication equipment; this term shall include self-supporting, guyed and monopole support structures. The term includes, and is not limited to, radio and television transmission telecommunication support structures, microwave telecommunication support structures, common-carrier telecommunication support structures, cellular telecommunication support structures, man-made trees, alternative telecommunication support structures and other similar structures. In the public rights-of-way, only telecommunication support structures erected for the installation of small cells shall be permitted.

Utility: Any person, corporation, municipality, county or other legal entity or department thereof or entity related or subordinate thereto, providing retail or wholesale electric, data, cable or telecommunications services or otherwise subject in any way to the lawful jurisdiction of the commission.

Visual Quality: The appropriate design, arrangement and location of telecommunication support structures in relation to the built or natural environment to avoid abrupt or severe differences.

(Ord. No. 2019-02, § 1, 2-18-19; Ord. No. 2019-20, § 1, 12-2-19)

This Article shall pertain to the following:

1.

General Applicability: This Section shall apply to the erection or modification of any telecommunication facility within the jurisdiction of the city.

2.

Amateur Radio; Receive-only Antenna(s). This Section shall not govern any telecommunication support structure, or the installation of any antenna, that is thirty-five (35) feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna.

3.

Pre-existing Telecommunication Support Structures and Antenna(s). Any telecommunication support structure or antenna for which a permit has been properly issued prior to the effective date of this Section shall not be required to meet the provisions of this Section, other than the requirements of subsections C, E, F, G, H, P and BB. Any such telecommunication facilities shall be referred to in this Section as either "preexisting telecommunication support structures" or "preexisting antennas."

4.

Additional Antenna(s). If an additional antenna is co-located upon a preexisting telecommunication support structure or alternative telecommunication support structure after adoption of this Section, the fencing and landscaping requirements of subsections J. and K. shall be met as part of the permitting process.

A.

Removal of Abandoned Telecommunication Facilities. Any Telecommunication Support Structure or Antenna that is not operated for a continuous period exceeding six (6) months shall be considered abandoned, and the owner of such Telecommunication Facility shall place the applicable Antenna or Telecommunication Support Structure into operation or remove the same within sixty (60) days of receipt of notice from the Department notifying the owner of such abandonment. If all applicable Telecommunication Support Structure(s) or Antenna(s) are not removed within said sixty (60) days, the Department may, at the direction of the Chief Building Inspector, and in the manner provided in the O.C.G.A. §§ 41-2-7—41-2-17, remove such Antenna or Telecommunication Support Structure at the owner or co-owners' expense. If there are two (2) or more users of a single Telecommunication Support Structure, this provision shall not become effective unless and until all users cease utilizing the Telecommunication Support Structure.

B.

Legal Status Provisions.

1.

Whenever the regulations of this Section require a greater width, depth, or size of yard, or impose other more restrictive standards than are required in or under any other statute or covenants, the requirements of this Section shall govern. Whenever the provisions of any other provision of the city Code of Ordinances shall require more restrictive standards than those of this Section, the provisions of such statutes or covenants shall govern.

2.

Any preexisting telecommunication facility which does not meet the requirements of this Section shall be considered nonconforming and subject to the nonconforming use provisions of the College Park zoning ordinance; provided, however, that the installation of a new antenna on a preexisting telecommunication support structure shall not constitute the expansion of a nonconforming use provided that (a) the new antenna does not result in a Substantial Increase in Size in size and (b) the resulting height of the preexisting telecommunication support structure is less than the maximum height of the telecommunication support structure previously approved by the city.

C.

Annual Registration of Telecommunication Facilities. The owner of any Telecommunications Facility shall submit an annual registration of such Facility on such forms as the Chief Building Inspector shall prescribe. Each annual registration shall identify the tax parcel identification and physical street address for the parcel on which such Telecommunication Facility is located. Each annual registration of such Telecommunication Facility shall describe all Telecommunication Support Structures, Alternative Telecommunication Support Structures, Antennas, and other Telecommunication Equipment on the site, describe in detail any improvements during the preceding calendar year, and, for Telecommunication Support Structures only, state the total gross income from all improvements on the site for the preceding calendar year. Each annual return shall be filed with the Department on or before April 1st of each year and shall be accompanied by an annual administrative fee in an amount as established by the Mayor and Council.

D.

Principal or Accessory Use. A Telecommunication Support Structure and/or Antenna is considered a principal use if located on any parcel as the sole or primary structure, and is considered an accessory use if located on a parcel shared with a different existing primary use or existing structure. An existing use or structure on the same parcel shall not preclude the installation of an antenna or telecommunication support structure. For purposes of determining whether the erection of a Telecommunication Support Structure or Antenna complies with the requirements of the zoning district in which it is located (including, but not limited to, all setback and buffer requirements), the dimensions of the entire parcel shall control, even though the Antenna or Telecommunication Support Structure may be located on a leased area within the dimensions of such parcel. Telecommunication Support Structures and Antennas erected, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a nonconforming use or structure.

E.

Inventory of Existing Sites for New Telecommunication Support Structure or Alternative Telecommunication Support Structure Applications.

1.

The Department shall maintain an itemized list of all Telecommunication Support Structures or Alternative Telecommunication Support Structures, active and inactive, which are located within the municipal limits of the city. This list shall include specific information about the location (latitude and longitude coordinates), height, design, Telecommunication Support Structure type and general suitability for Antenna co-location of each Telecommunication Support Structure and authorized Alternative Telecommunication Support Structure, and other pertinent information as may be decided by the Department.

2.

To facilitate the co-location of Antennas, each Applicant seeking to erect a new Telecommunication Support Structure or Alternative Telecommunication Support Structure, or to modify any such existing structure, shall provide to the Department an itemized list of its existing Telecommunication Support Structures and authorized Alternative Telecommunication Support Structures as provided for below. Applicants seeking to erect an amateur radio Telecommunication Support Structure or Antenna less than thirty-five (35) feet in height shall be exempt from this provision.

3.

Each Applicant seeking to erect a new Telecommunication Support Structure or Alternative telecommunication support structure or to modify existing support structures shall provide the Department with an itemized list, including all of the following: a complete listing of all Applicant-owned Telecommunication Support Structures that are within the municipal limits of the city or within one-quarter (¼) mile of the municipal limits of the city; with respect to each listed Telecommunication Support Structure, specific information, including the location (latitude and longitude coordinates), height, design, structure type, and general suitability for Antenna co-location; and other pertinent information as may be required by the Department. The Department shall share such information with any other Applicant under this Section or any other organization or governmental entity seeking to locate a Telecommunication Facility within the municipal limits of the city, provided, however that the Department shall not, by sharing such information, in any way be deemed to have represented or warranted that such sites are available or suitable.

4.

An application, with the exception of an application to erect an amateur radio telecommunication support structure or Antenna less than thirty-five (35) feet in height as set forth in subsection 3., shall not be considered complete without the itemized list required in this section.

F.

Co-location Mandate; Availability of Suitable Existing Structures; Demonstration of Necessity.

1.

Applicants for the erection of an Antenna, except amateur radio operators, shall be required to co-locate upon an existing Telecommunication Support Structure or authorized Alternative Telecommunication Support Structure to the extent reasonable. No new Telecommunication Support Structure, except amateur radio Telecommunication Support Structures, shall be permitted unless the Applicant demonstrates to the satisfaction of the Department that no existing Telecommunication Support Structure or authorized Alternative Telecommunication Support Structure can accommodate the Applicant's proposed Antenna(s) and related equipment. The Applicant must present an affidavit which lists the available existing Telecommunication Support Structures and reasons why co-location on those Telecommunication Support Structures is not possible. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts and shall consist of more than mere conclusory statements that no existing Telecommunication Support Structure is suitable. Evidence submitted to demonstrate that no existing Telecommunication Support Structure can accommodate the proposed Antenna shall consist of one (1) or more of the following:

a.

That no existing Telecommunication Support Structures or suitable, authorized Alternative Telecommunication Support Structures are located within the Geographic Search Area required to meet the Applicant's engineering requirements;

b.

That existing Telecommunication Support Structures or Alternative Telecommunication Support Structures within the Geographic Search Area do not have sufficient structural strength to support the Applicant's proposed Antenna(s) and related equipment. Such information shall be certified by a Georgia-licensed professional engineer;

c.

That the Applicant's proposed Antenna(s) would cause electromagnetic interference with public safety emergency communications or existing Antenna(s) in the Geographic Search Area, or the Antenna(s) on the existing Telecommunication Support Structures or Alternative Telecommunication Support Structures in the Geographic Search Area would cause interference with the Applicant's proposed Antenna(s);

d.

That the cost or contractual provisions required by the Telecommunication Support Structure owner or co-owners to share an existing Telecommunication Support Structure in the Geographic Search Area or to adapt an existing Telecommunication Support Structure for co-location are unreasonable. Costs exceeding the erection of a new Telecommunication Support Structure are presumed to be unreasonable; and/or

e.

That the Applicant adequately demonstrates that there are other limiting factors that render existing Telecommunication Support Structures or authorized Alternative Telecommunication Structures unsuitable for co-location.

2.

For each of the above, the Applicant must provide a listing of the existing Telecommunication Support Structures or authorized Alternative Telecommunication Support Structures within the Geographic Search Area that were considered, and ultimately rejected, by the Applicant and provide a detailed explanation of why the existing Telecommunication Support Structures or authorized Alternative Telecommunication Structures within the Geographic Search Area are not suitable.

G.

Co-location Design Requirements.

1.

In addition to all applicable building and safety codes, all Telecommunication Support Structures, whether erected in Public Rights-of-Way or not, except amateur radio Telecommunication Support Structures, shall be designed to accommodate the co-location of antennas according to the following standards:

a.

For Telecommunication Support Structures, up to one hundred twenty-five (125) feet in height, the structure shall be designed to accommodate at least four (4) Antennas;

b.

For Telecommunication Support Structures, greater than one hundred twenty-five (125) feet in height, the structure shall be designed to accommodate at least five (5) Antennas; and

c.

If the Department approves a Telecommunication Support Structure greater than one hundred ninety-nine (199) feet in height, additional capacity may be required.

H.

Aesthetics. The guidelines set forth in this section shall govern the design and erection of all telecommunication facilities governed by this Article.

1.

Telecommunication support structures and antennas shall either maintain a galvanized steel outer shell or, subject to any applicable standards of the FAA and FCC, shall be painted a neutral color so as to reduce visual obtrusiveness.

2.

All telecommunication support structure sites and related structure designs shall use materials, colors, textures, screening, and landscaping that will blend the telecommunication facilities to the natural setting and surrounding environment.

3.

For antennas erected on an alternative telecommunication support structure, the antenna and supporting electrical and mechanical ground equipment shall be a neutral color so as to make the antenna and related equipment as visually unobtrusive as is reasonable.

4.

Telecommunication Support Structures shall not be artificially lighted, unless required by the FAA, FCC or other applicable authority. If lighting is required, the Department may review the available federally-approved lighting alternatives and approve the design that would cause the least disturbance to the surrounding area.

5.

No signage or other identifying markings of any nature shall be permitted upon any telecommunication support structure or authorized alternative telecommunication support structure without prior approval of the Department and shall comply with the city's sign ordinance.

6.

Telecommunications support structures in the public right-of-way must be substantially similar in appearance to adjacent light poles or other similar structures so as to blend in to same, including any design requirements of the adjacent zoning or overlay district. All Equipment associated with a telecommunication support structure in the public right-of-way that are not placed on the Structure itself must either be located on adjacent private property, buried underground or both. Any such equipment placed on the Structure itself must be on the side of the structure facing away from the public right-of-way, if at all physically possible.

I.

Setbacks and Separation.

1.

The following setbacks and separation requirements shall apply to all telecommunication support structures, except those governed by Section 7.4 existing within or proposed to be erected within any public right-of-way:

a.

Telecommunication Support Structures shall be set back a distance equal to the greater of the height of the Telecommunication Support Structure or fifty (50) feet, from its base, to any Public Right-of-Way or property line of the parcel containing the Telecommunication Support Structure.

b.

Guy-wires and accessory buildings and related equipment shall meet the minimum accessory use location and setback requirements and shall be completely contained within the parcel on which the Telecommunication Support Structure is located.

c.

Telecommunication Support Structures over one hundred (100) feet in height shall not be located closer than one thousand five hundred (1,500) feet from any existing Telecommunication Support Structure that is over one hundred (100) feet in height.

d.

Telecommunication Support Structures must be set back from any adjoining residentially-zoned property the greater of (a) two (2) times the height of the Telecommunication Support Structure from any residentially-zoned property, or (b) a distance of five hundred (500) feet, as measured from the base of the Telecommunication Support Structure unless such structures exceed thirty-five (35) feet in height.

J.

Security Fencing/Anti-Climbing Devices.

1.

All telecommunication support structures and related equipment shall be enclosed by fencing not less than six (6) feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood, or other approved alternative materials, as determined by the Department. Telecommunication support structures on the public right-of-way shall be exempt from the fencing requirement.

2.

Amateur radio telecommunication support structures, or receive-only antennas, shall not be subject to the provisions of this section unless such structures exceed thirty-five (35) feet in Height.

K.

Landscaping.

1.

The following requirements shall govern landscaping surrounding all telecommunication support structures, except those on public rights-of-way:

a.

Where adequate vegetation is not present, telecommunication support structures shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the equipment compound. Landscaped strips shall be a minimum of ten (10) feet in width and shall be located outside the fenced perimeter of the compound. Landscaped strips shall satisfy the minimum design and planting requirements for buffers established in the city's Code of Ordinances.

b.

Existing, mature tree growth and natural land forms on any site containing an approved telecommunications facility shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized.

c.

Amateur radio telecommunication support structures, or receive-only antennas, shall not be subject to the provisions of this section unless such structures exceed thirty-five (35) feet in Height.

L.

Documentation from Applicable Regulatory Agencies and Review for Aviation Purposes. Any Applicant for the erection of a Telecommunication Facility governed by this Section shall demonstrate compliance with all FAA and FCC regulations with respect to prior approval, registration, and/or licensure of a proposed Telecommunication Facility. No building permit shall be issued until an Applicant has received approval from the FAA and/or registered the proposed facility with the FCC where required and provided copies of all applicable approvals, registrations, and/or licenses to the Department's Chief Building Inspector. In the alternative, Applicants may demonstrate that such prior authorization and/or registration is not required to be accompanied by a sword affidavit asserting the same. The Department shall submit a copy of any application deemed to risk interference with the operation of existing or proposed airport facilities or deemed to require prior FAA and/or FCC approval and/or registration to the city of Atlanta Department of Aviation for review and recommendation. All Telecommunication Facilities must meet or exceed current standards and regulations of the FAA, the FCC, the Commission, and any other agency of the federal government authorized to regulate such facilities, as should be prospectively amended.

M.

Building Codes: Safety Standards. To ensure the structural integrity of Telecommunication Facilities, the owner, permittee, or subsequent lessee of a Telecommunication Support Structure or Alternative Telecommunication Support Structure shall ensure that all applicable Telecommunication Facilities on such site are maintained in compliance with standards contained in applicable local building codes. If, upon inspection, the Department concludes that an applicable Telecommunication Facility fails to comply with all governing codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee, or lessee of such a facility, the recipient shall have fifteen (15) days to bring the Telecommunication Facility into compliance with such standards. If the owner, permittee, or lessee fails to bring the Telecommunication Facility into compliance within the fifteen-day period, the Department may, at the direction of the Chief Building Inspector, remove the non-compliant Telecommunication Facility at the owner, permittee, or lessee's expense. Prior to the removal of any telecommunication facility, the Department may consider detailed plans submitted by the owner, permittee, or subsequent lessee for repair of substandard Telecommunication Support Structures, and may grant a reasonable extension of the above referenced compliance period. Any such removal by the Department shall be in the manner provided in O.C.G.A. §§ 41-2-7—41-2-17.

N.

Change of ownership or Control Notification. Upon the transfer of ownership or control of any telecommunication facility not located in a public right-of-way and governed by Section 7.4 of this article, or of any parcel upon which such a telecommunication facility has been erected, the party transferring such ownership or control shall notify the department of the transaction in writing within thirty (30) days.

O.

Applications Required. All applications for a permit to erect Telecommunication Facilities, including Telecommunication Support Structures or Antennas, including applications to modify existing Telecommunication Facilities and co-locate new Antennas and/or equipment onto existing Telecommunication Facilities, whether proposed on private lands or in Public Rights-of-Way, shall be made to the Department. The application forms and other documents and papers necessary for the implementation and enforcement of this Section shall be on such forms as may be prepared by the Department. No application shall be considered by the Department until such application is complete and accompanied by all necessary documents, papers, and other evidence of eligibility as may be set forth or otherwise required by the application. All applications shall be sworn to by the Applicant if an individual, or by a partner if a partnership, or by a manager or member if a limited liability company, or by an officer or equivalent position if a corporation or other legal entity.

P.

Applications for Permit to Modify or Co-locate Telecommunication Facilities for Small Cell Installations, or other Installations Not Resulting in a Substantial Increase in Size, on Private Property.

1.

Application of Article. The Department may approve the erection of additional antennas or otherwise telecommunications equipment upon existing telecommunication support structures or alternative telecommunication support structures under this section that do not result in a substantial increase in size to any existing telecommunication facility or that are deemed to be small cell installations pursuant to the definitions herein.

2.

Setback Adjustments. As part of any approval under this section, the Department may reduce setback requirements by up to ten (10) percent to compensate for irregularly shaped lots or parcels.

3.

Contents of Applications. All applications pursuant to this section shall be made upon forms provided by the Department, and shall contain or have attached thereto the following information:

a.

Name, address and telephone number of a principal office and local agent of the Applicant;

b.

An affirmative indication that the Applicant seeks either to Modify an existing telecommunication facility or co-locate a telecommunication facility or facilities on an existing telecommunication support structure or alternative telecommunication support structure as well as an affirmative indication that the proposed plans do not result in a substantial increase in size (if applicable);

c.

The physical address of the telecommunication support structure or alternative telecommunication support structure to be modified or upon which a proposed antenna(s) is to be installed;

d.

Name of the person, firm, corporation or association performing modifications to existing telecommunication support structures or alternative telecommunication support structures or erecting the antenna(s);

e.

Written consent of the owner of the existing telecommunication support structure or alternative telecommunication support structure, and any party with an ownership interest in the applicable telecommunication support structure or alternative telecommunication support structure to be modified or upon which the antenna(s) is to be erected;

f.

Proof of and/or certified copies of any required approval, registration, and/or licensure from the Commission for any provider of telecommunications services to provide such services in the State of Georgia, where applicable, and any other required FAA, FCC, or otherwise state and federal approval, registration, and/or licensure required to erect, modify, or co-locate the proposed telecommunication facility;

g.

A description of the telecommunication services to be provided by and through, or otherwise in connection with, the proposed telecommunication facility or modified, existing telecommunication support structure or alternative telecommunication support structure;

h.

An affirmative declaration that the Applicant shall comply with all applicable federal, state, and local laws and regulations, including all applicable provisions of the city's Code of Ordinances and conditions imposed by the Department regarding the erection and maintenance of telecommunication facilities;

i.

Applications for permits to co-locate through the erection of new antenna(s) or other telecommunication facilities onto an existing telecommunication support structure or alternative telecommunication support structure, shall contain or have attached thereto six (6) sets of accurate scale drawings including a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation including, but not limited to, the method of construction and attachment to the telecommunication support structure for the proposed telecommunication facility or facilities. Plans for co-location shall be certified by an independent registered structural engineer licensed in the State of Georgia as meeting all current safety and design standards of all applicable federal, state, and city codes and regulations; and

j.

Any other information as the Department may require to demonstrating full compliance with this Article, all other ordinances of the city and all applicable requirements of state or federal law.

4.

Review Procedures. Unless a small cell installation is requested, the application shall include the affirmative indication that the proposed plans do not result in a substantial increase in size as provided in subsection (3)b. above. No application shall be considered by the Department until such application is complete and accompanied by all necessary documents, papers, and other evidence of eligibility as may be set forth or otherwise required by the application. All such applications shall be sworn to by the Applicant if an individual, or by a partner if a partnership, or by a manager or member if a limited liability company, or by an officer or equivalent position of a corporation or other legal entity.

a.

Pre-Application Conference. Prior to submitting any application governed by this section, all Applicants are encouraged to attend a pre-application meeting with the Chief Building Inspector and applicable city staff to discuss the requirements for the application.

b.

Deficiencies in Applications.

1.

Non-Small Cell Installations. The Department shall notify an Applicant submitting an application governed by this section of any identified deficiencies therein within thirty (30) calendar days of receipt of such an application. If the Department determines an application is not complete, it shall notify the Applicant in writing of any information required to complete the application. To the extent additional information is required, the time required for an Applicant to provide such information shall not be counted toward the sixty-calendar-day review period set forth herein. Upon any resubmittal of an application, the Department shall have ten (10) additional calendar days to give notice as to the completeness of the revised submission. If the application remains incomplete after resubmission, such incompleteness may serve as valid reason for denial of the application.

2.

Small-Cell Installations. The Department shall notify an Applicant submitting an application for a small cell installation of any identified deficiencies therein within ten (10) calendar days of receipt of such an application. If the Department determines an application is incomplete, the Department shall notify the applicant in writing of said deficiencies. Upon resubmission of the application, the initial ten (10) day period shall not be counted towards the sixty-day review period defined herein. The Department shall have an additional ten (10) calendar days to notify Applicant of any other deficiencies in the re-submitted application. To the extent additional information is required after resubmission, the time required for an Applicant to provide such information shall not be counted toward the sixty-calendar-day review period set forth herein. If the application remains incomplete after the second resubmission, said incompleteness may serve as a valid reason for denial of the application.

c.

Determination by the Department. Within sixty (60) calendar days after receiving a complete application under this section, the Department, at the direction of the Chief Building Inspector, shall issue a written determination granting subject to enumerated condition(s), or denying the application in whole or in part. To the extent an application is denied for non-small cell installations, the written determination shall be based solely on whether the installation results in a substantial increase in size as defined in this Article and said basis shall be included in the written determination. A denial of an application for a small cell installation shall include detailed reasons for the denial and be supported by substantial evidence, with evaluation of same based on the following factors:

1.

The height and setbacks of the proposed telecommunication facility, including cumulative height and setbacks of a modified, existing telecommunication support structure or alternative telecommunication support structure;

2.

The proximity of the proposed telecommunication facility or modified, existing telecommunication support structure or alternative telecommunication support structure to residential structures and residential district boundaries;

3.

The nature of uses, as well as the Height of existing structures, on adjacent and nearby properties;

4.

The surrounding topography;

5.

The surrounding tree coverage and foliage;

6.

The design of the telecommunication support structure or alternative telecommunication support structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, where applicable;

7.

The proposed ingress and egress;

8.

Structural safety concerns associated with the proposed telecommunication facility or modification, including design features which minimize risks to surrounding areas in the event of major structural failure; and

9.

Applicable federal, state, and local telecommunications laws, regulations, and policies.

5.

Appellate Rights. An Applicant may appeal the Department's decision with respect to an application, including any denial or conditional approval of an application, to the Mayor and Council by filing a written notice of appeal with the City Clerk within ten (10) calendar days of the issuance of said decision. Failure to file a notice of appeal with the City Clerk within ten (10) calendar days of the decision shall constitute a waiver of the Applicant's appeal rights.

6.

Appellate Procedure. The Mayor and Council shall hold a public hearing at the next available Council Meeting, but in no circumstance more than thirty (30) calendar days of receipt of the notice of appeal as provided for in subsection F. Official notice of the public hearing shall be given in accordance with the Zoning Procedures Law of the State of Georgia. In addition, said official notice of the public hearing shall include the location of the proposed facility. The Mayor and City Council shall review the appeal on the record and its determination shall be based on the same factors as the decision of the Department.

Q.

Applications for Permits to Erect New Telecommunication Support Structures and Alternative Telecommunication Support Structures or Modify or Co-locate Telecommunication Facilities Resulting in a Substantial Increase in Size on Private Property.

1.

Contents of Applications. Applications pursuant to this section shall be made upon forms provided by the Department, and shall contain or have attached thereto the following information:

a.

Name, address, and telephone number of a principal officer and local agent of the Applicant;

b.

Physical address of the parcel upon which the proposed telecommunication support structure or alternative telecommunication support structure is to be erected;

c.

Name of the person, firm, corporation, or association erecting the telecommunication support structure or alternative telecommunication support structure, including all parties with a prospective ownership interest in the proposed telecommunication support structure or alternative telecommunication support structure;

d.

Written consent of all parties with an existing ownership interest, including all underlying land owners and owners or licensees of any affected, existing telecommunication support structures or alternative telecommunication support structures, allowing the application;

e.

A site plan showing existing vegetation to be removed from the site and vegetation to be replanted to replace the vegetation that will be removed;

f.

A certified statement prepared by an engineer licensed in Georgia or other qualified industry professional indicating that the erection and operation of the proposed telecommunication support structure or alternative telecommunication support structure, including reception and transmission functions, will not interfere with public safety communications or the usual and customary transmission or reception of radio, television, or other telecommunication service enjoyed by adjacent properties;

g.

Proof of and/or certified copies of any required approval, registration, and/or licensure from the Commission for any provider of telecommunications services to provide such services in the State of Georgia, where applicable, and any other required FAA, FCC, or otherwise state and federal approval, registration, and/or licensure required to erect the proposed new telecommunication support structure or alternative telecommunication support structure;

h.

Written certification that all emissions from any antenna on the telecommunication support structure will comply with FCC frequency emissions standards;

i.

The Applicant shall provide photo-simulated, post-construction renderings of the completed proposed telecommunication support structure, equipment compound and/or equipment cabinets, ancillary structures, and landscaping, if any, from locations determined at the pre-application conference, if held. The views shall incorporate before and after scenarios, a scaled, color image of the proposed type of facility, an aerial map with the location of the selected views, and a description of the technical approach used to create the photo simulations. The simulations shall include a minimum of four (4) vantage points (generally north, south, east, and west). Based on the information provided at the pre-application conference, the Applicant may be required to provide other pictorial representations from other viewpoints including, but not limited to, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents;

j.

The Department may, at its sole discretion, require a balloon test to be conducted at any time during which an application is pending before the Department;

k.

Six (6) sets of accurate scale drawings including a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation including, but not limited to, the method of construction and attachment to the ground for the telecommunication support structure. The plans for the telecommunication support structure construction shall be certified by a registered structural engineer licensed in the State of Georgia as meeting all current safety and design standards of all applicable federal, state, and city codes, and shall show the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, telecommunication support structure height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Department to be necessary to assess compliance with this Article. In addition, the report from the structural engineer must contain:

1.

Telecommunication support structure height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design. A cross-section of the Telecommunication Support Structure shall be included;

2.

Total anticipated capacity of the structure, including number and types of antenna(s) which can be accommodated;

3.

Evidence of structural integrity of the proposed telecommunication support structure; and

4.

Failure characteristics of the telecommunication support structure and demonstration that site and setbacks are of adequate size to contain debris.

2.

Considerations in Approval or Denial of an Application. Any denial of a request to erect a new telecommunication facility, modify an existing telecommunication facility, or co-locate an antenna(s) onto an existing telecommunication facility that would result in a substantial increase in size of telecommunication facilities shall be issued by the Department in writing and supported by substantial evidence. The Department shall consider, but is not limited to, the following factors in acting upon an application under the provisions of this section:

a.

The height and setbacks of the proposed telecommunication facility;

b.

The proximity of the proposed or existing telecommunication facility to residential structures and residential district boundaries, where applicable;

c.

The nature of uses, as well as the Height of existing structures, on adjacent and nearby properties;

d.

The surrounding topography;

e.

The surrounding tree coverage and foliage;

f.

The design of the proposed or existing telecommunication facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, where applicable;

g.

The proposed ingress and egress;

h.

The availability of suitable existing telecommunication support structures or other alternative telecommunication support structures for antenna co-location;

i.

The evidence submitted regarding the need for the telecommunication facility in the area including, but not limited to, propagation maps and other similar materials, where applicable;

j.

The effect, if any, on health, safety, and welfare if the proposed telecommunication facility is permitted;

k.

Applicable federal, state, and local telecommunications laws, regulations, and policies;

l.

The proposed telecommunication facility's effect on property values of any adjacent and nearby residential properties;

m.

Structural safety concerns associated with the proposed telecommunication facility, including design features which minimize risks to surrounding areas in the event of major structural failure; and

n.

Such other factors as may be required by the Department to comply with provisions of this article, state law and/or federal law.

3.

Procedure for Issuance.

a.

Deficiencies in Applications.

i.

Non-Small Cell Installations. The Department shall notify an Applicant submitting an application governed by this section of any identified deficiencies therein within thirty (30) calendar days of receipt of such an application. If the Department determines an application is not complete, the Department shall notify the Applicant in writing of any information required to complete the application. To the extent additional information is required, the time required for an Applicant to provide such information shall not be counted toward the applicable review period set forth herein. Upon any resubmittal of an application, the Department shall have ten (10) additional calendar days to give notice as to the completeness of the revised submission.

ii.

Small Cell Installations. The Department shall notify the Applicant submitting an application for a small cell installation of any identified deficiencies therein within ten (10) calendar days of receipt of such an application. If the Department determines the application is not complete, the Department shall notify the Applicant in writing of said deficiencies. Upon resubmission of the application, the initial ten-day period shall not be counted towards the applicable review period defined herein. The Department shall have an additional ten (10) calendar days to notify Applicant of any other deficiencies in the re-submitted application. To the extent additional information is required after resubmission, the time required for an Applicant to provide such information shall not be counted toward the applicable review period set forth herein. If the application remains incomplete after the second resubmission, said incompleteness may serve as valid reason for denial of the application.

b.

Period of Review.

i.

Co-Location with Substantial Increase in Size. Within sixty (60) calendar days after receiving a complete application under this section, or sixty (60) calendar days for a small cell installation, the Department, at the direction of the Chief Building Inspector, shall issue a written determination granting subject to enumerated condition(s), or denying the application in whole or in part. A denial of an application shall include detailed reasons for the denial and be supported by substantial evidence.

ii.

Erection of a New Telecommunication Support Structure or Alternative Telecommunication Support Structure. Within one hundred and fifty (150) calendar days after receiving a complete application for the erection of a telecommunications facility, or ninety (90) days in the case of a small cell installation, the Chief Building Inspector, acting on behalf of the Department, shall issue a written determination granting or denying the application in whole or in part, including imposing any conditions. Any decision by the Department to deny an application shall be in writing, shall include reasons for denial, and shall be supported by substantial evidence contained in a written record.

c.

Appellate Rights. The Department's decision to deny an application may be appealed to the Mayor and Council by filing a written notice of appeal with the City Clerk within ten (10) calendar days of the denial. Failure to file a notice of appeal with the City Clerk within ten (10) calendar days of such a denial shall constitute a waiver of the Applicant's appeal rights.

d.

Appellate Procedure. The Mayor and Council shall hold a public hearing at the next available City Council meeting, but in no case more than thirty (30) days after filing of the notice of appeal. Official notice of the public hearing shall be given in accordance with the state zoning procedures law. In addition, said official notice of the public hearing shall include the location of the proposed facility. The Mayor and City Council shall review the appeal on the record and its determination shall be based on the same factors as the decision of the Department and shall be supported by substantial evidence.

R.

Revocation or Termination of Permit. Any authorization to erect or operate telecommunication facilities may be revoked for the following reasons:

1.

Erection or operation of telecommunication facilities at an unauthorized location;

2.

Misrepresentation or lack of candor by or on behalf of a Grantee in any representation to the Department;

3.

Abandonment of applicable telecommunication facilities;

4.

Failure to pay required reasonable fees or costs, as may be required under this Article;

5.

Failure to meet any provision of the annual registration requirement in section 6 of this Article;

6.

Failure to pay required fees or costs for access and use of public rights-of-way, as may be required in Section 7.4 of this Article;

7.

Violation of a material provision of the city's Code of Ordinances or violation of a material condition set forth in any permit or authorization to erect and operate telecommunication facilities.

S.

Limitations of Municipal Authority. In regulating the erection and maintenance of telecommunication facilities, whether located on private lands or in public rights-of-way, the Department shall not:

1.

Condition the approval of any application for a new telecommunication support structure or alternative telecommunication support structure on a requirement that a modification or co-location to such structure be subject to a review inconsistent with this Article;

2.

Require the removal of an existing telecommunication support structure, alternative telecommunication support structure, or telecommunication facility as a condition of approval of an application for a new telecommunication facility unless such existing telecommunication support structure, alternative telecommunication support structure, or telecommunication facility is abandoned and owned by the Applicant;

3.

Require the Applicant to place an antenna or other equipment on publicly owned land or on a publicly or privately owned water tank, building, or electric transmission tower as an alternative to the location proposed by the Applicant.

T.

Fees for Private Property Installations. The fees levied and charged for all persons and businesses subject thereto shall be set forth on a schedule which may be amended from time to time by resolution of the Mayor and Council, a copy of which shall be maintained on file in the City Clerk's office and in the Department. Said fees are levied and assessed in addition to any business or occupational taxes assessed and levied under the Code of Ordinances. For applications seeking to Modify an existing Telecommunication Support Structure or Alternative Telecommunication Support Structure or seeking to Co-locate Equipment onto an existing Telecommunication Support Structure or Alternative Telecommunication Support Structure, not resulting in a Substantial Increase in Size as governed by this Article, the Department shall not impose a fee greater than five hundred dollars ($500.00) for processing, unless otherwise permitted by law. Applications for Small Cell Installations, whether co-location or erection of new infrastructure, shall not be charged more than five hundred dollars ($500.00) for up to the first five locations requested concurrently, one hundred dollars ($100.00) for each additional location therefrom. The Department shall not seek reimbursement from an Applicant for fees, consultation fees, registry fees, audit fees, or otherwise payment in connection with an application subject to this Article on a contingency fee arrangement. These fees are separate from those required for public right-of-way applications and installations, which are governed in this Article under Section 7.4.

U.

Bond Requirement for New Telecommunication Support Structures. Prior to the issuance of a permit for the erection of a telecommunication support structure or alternative telecommunication support structure, an Applicant shall procure a bond or an irrevocable letter of credit in an amount not less than twenty-five thousand dollars ($25,000.00) conditioned upon the removal of the telecommunication support structure or alternative telecommunication support structure, should it be deemed abandoned under the provisions set forth in section 4 of this Article. Such bond or letter of credit (a) shall be renewed at least every two (2) years during the life of the telecommunication support structure or alternative telecommunication support structure, (b) shall not expire unless the Department is given sixty (60) calendar days' prior written notice, (c) shall include the name, address, telephone number, and contact for the provider bond or letter of credit and (d) in the case of a bond, shall include a statement that the provider of the bond is listed in the latest issue of the U.S. Treasury Circular 570. This subsection shall not apply to wireless installations in the public right-of-way.

V.

Non-Discrimination. In evaluating any application governed by this Article, the Department shall not unreasonably discriminate among providers of functionally equivalent services and technical capabilities and/or deny an application based solely on the financial status of an Applicant, type of telecommunication services to be provided should a prospective application be approved, and/or the content of telecommunications to be provided by and/or through proposed telecommunication facilities.

W.

Zoning Standards. Applicants seeking to erect new telecommunication support structures, alternative telecommunication support structures, and telecommunication facilities that result in a substantial increase in size of an existing telecommunication facility that adequately demonstrate that antenna co-location, is not possible for a given geographic search area, shall construct any such new telecommunication support structure or alternative telecommunication support structure, including the placement of a service building or other supporting equipment used in connection with said telecommunication support structure or alternative telecommunication support structure, in the following zoning districts (provided, however, that all structures shall meet the setback, screening and buffer requirements contained herein) subject to the following:

1.

No permit to construct a telecommunication support structure or alternative telecommunication support structure shall be issued unless the location has been zoned "C-2" Central Business District, "M-1" Light Industrial District or "M-2" Heavy Industrial District under the zoning laws of the city. This limitation shall not apply to the erection of telecommunication support structures or alternative telecommunication support structures for small cell installations.

2.

No permit to construct a telecommunication support structure or alternative telecommunication support structure shall be issued for any proposed facility in excess of one hundred fifty (150) feet in height.

X.

Inspections.

1.

Whenever inspections of the premises used for or in connection with a telecommunication support structure, alternative telecommunication support structure, or antenna are provided for or required by ordinance, or are reasonably necessary to ensure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the Applicant, or the person(s) responsible for the premises to be inspected, to admit thereto for the purpose of making the inspection any officer, agent, or employee of the city who is authorized or directed to make such inspection, at any reasonable time that admission is requested.

2.

In addition to any other penalty which may be provided, the permit granted to any Applicant who refuses to allow any authorized officer, agent or employee of the city to make any inspection provided for in subsection (a) hereinabove, or who interferes with such officer or employee while in the performance of his duty in making such inspection may be suspended or revoked at the discretion of the Department.

Y.

Penalties for violation. In addition to the other remedies available to the city for violation of this Section set forth herein or in any other applicable provision of the Code of Ordinances, the municipal court of the city, after notice to the Applicant or permittee and hearing, may impose a civil fine for failure to comply with the provisions of this Section or a sentence not to exceed sixty (60) days. Such a civil fine shall not exceed one thousand dollars ($1,000.00) per day and may be enforced by the contempt power of the court. In addition the Applicant or permittee shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing contained in this subsection shall prevent the Department from taking such other lawful action as is necessary to prevent or remedy any violation of this Section.

Z.

Appeals of decisions of the Mayor and Council. Appeals of decisions of Mayor and Council under this Section shall be by writ of certiorari to the Superior Court of Fulton County.

(Ord. No. 2019-02, § 1, 2-18-19; Ord. No. 2019-20, § 1, 12-2-19)

A.

Purpose. The purpose of this section is to comply in good faith with the provisions of SB66, codified in Georgia Law as O.C.G.A. § 36-66C-1, et seq., the "Streamlining Wireless Facilities and Antennas Act" ("ACT"). If any provisions of this section or Article as a whole conflict with the provisions of the ACT, the provisions of the ACT shall control.

B.

Access to the Right-of-Way. The City shall not require any telecommunications facility owner to sign an agreement of any kind as pre-condition for access to the public right-of-way. The provisions of this section and the ACT shall serve as the only pre-conditions for location of telecommunication facilities in the rights-of-way. Any telecommunications facility owner may, voluntarily, enter into any such right-of-way access agreement with terms that deviate from the provisions of the ACT or this section, so long as said agreements are available for public inspection and are non-discriminatory as to terms and conditions with different telecommunication facility owners.

C.

Fees.

1.

Application fee for co-location of a small cell installation on an existing pole: $100.00 for each facility.

2.

Application fee for each replacement pole with an associated small cell installation: $250.00.

3.

Application fee for each new pole with an associated small cell installation: $1,000.00 per pole.

4.

Right-of-way occupancy rate:

a.

Co-located small cell installation on existing or replacement pole: $100.00 per year.

b.

New pole with associated small cell installation: $200.00 per year.

5.

Annual attachment rate for poles owned by the City: $40.00 per year per small cell installation.

6.

On January 1, 2021, each of the fees delineated above shall increase 2.5 percent annually.

D.

Application and Permit Required. A telecommunication facility owner may not locate a small cell installation on the public right-of-way without submitting an application, and acquiring a permit, for co-location on existing poles or decorative poles, for co-location on a replacement pole, or for erection of a new pole in the Public Right-of-Way in accordance with the provisions of this section and any other applicable provision of this Article. If a telecommunication facility owner fails to apply for and receive the applicable permit pursuant to this section, the City may, at its sole discretion, remove the small cell installation and/or pole, restore the right-of-way to its condition prior to the placement of the unpermitted small cell installation and charge the telecommunication facility owner the cost of doing so, plus a penalty of $1,000.00. In addition, until the telecommunication facility owner so charged has paid the amount due, the telecommunication facility owner may not apply for or receive any permits pursuant to this Article.

E.

Contents of Application. The application pursuant to this section shall be submitted to the Department and contain the following:

1.

a.

The Applicant's name, address, telephone number, and email address, including emergency contact information;

b.

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing of the Application.

c.

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

d.

Detailed construction drawings regarding the proposed use of the public right-of-way.

e.

To the extent the proposed installation involves co-location on a pole, decorative pole, or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, decorative pole, or support structure will structurally support the co-location, or that the pole, decorative pole, or support structure may and will be modified to meet structural requirements, in accordance with applicable codes.

f.

Visual depictions or representations, if such, are not included in the construction drawings.

g.

Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right-of-way, of the small cell installation for which the application is being submitted.

h.

If the application is for the installation of a new pole or decorative pole, a certification that the Applicant has determined, after diligent investigation, that it cannot meet the service objectives of the permit by co-locating on an existing pole or support structure on which:

1.

The Applicant has the right to co-locate subject to reasonable terms and conditions; and

2.

Such co-location would not impose technical limitations or significant additional costs.

The Applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

i.

A certification that the Applicant has permission from the owner to co-locate on the structure or pole.

j.

If the Applicant is not provider of wireless services, a certification that a wireless service provider has requested in writing that the Applicant co-locate the small cell installation or install, modify, or replace the pole or decorative pole at the requested location.

2.

Any material change to information contained in an application shall be submitted in writing to the Department within thirty (30) days after the events necessitating the change. Failure to do so shall be a violation of this Article.

F.

Exemption from Permit.

1.

An Application shall not be required for the following activities, provided that applicable electrical or encroachment permits may still be required pursuant to the provisions of the City Code:

a.

With respect to a pole or decorative pole on which the small cell installation is co-located, inspections, testing, repairs and modifications that maintain functional capacity and aesthetic and structural integrity, provided that modifications are limited by the structural load analysis supplied by the Applicant in its prior application for installation of the facility; and

b.

Inspections, testing, or repairs that maintain functional capacity or the replacement or upgrade of antennas or other components of the small wireless installation such as a swap out or addition of antennas and radio equipment as required by the Applicant, with antennas and other components that are substantially similar in color, aggregate size, and other aesthetics to that previously permitted by the City and consistent with the Height and volume limits for wireless installations under this Article, so long as the pole, decorative pole, or support structure will structurally support, or prior installation will be modified to support, the structural load in accordance with the structural load analysis supplied by the Applicant in its prior application for the installation.

2.

A permit shall not be required for the installation, placement, maintenance, operation or replacement of micro wireless facilities that are suspended on cables that are strung between poles or support structures in the right-of-way in compliance with applicable codes, subject to the requirement that other applicable permits, such as electrical, excavation, street closure, or as otherwise required by this Code, be obtained.

G.

Procedure After Submission of Application.

1.

Within twenty (20) days of receipt of a written application pursuant to this section, the Department shall:

a.

Notify the Applicant in writing of the commencement and completion dates of any widening, repair, reconstruction, or relocation of the applicable right-of-way that is scheduled to commence, or is anticipated in good faith to commence, within twenty-four (24) months after the application is filed;

b.

Notify the Applicant of any aspect of the application that appears to be grounds for the denial of the application pursuant to this section; and

c.

Determine whether the application is complete and inform the Applicant of his determination in writing.

2.

If the application is deemed incomplete, the Department shall specifically identify in writing all missing information within such twenty-day period.

3.

If notified of incompleteness, the Applicant may submit such missing information within twenty (20) days of the receipt of the notification from the Department, and, upon resubmission, any subsequent review for completeness shall be limited to the previously missing information. If the application remains incomplete or is materially changed other than to address the missing information, the Department shall notify the Applicant of such within ten (10) days of the resubmission and such notice shall constitute an official denial of the application.

H.

Time for Review.

1.

Within thirty (30) days of the Department's written determination that the application is complete, or upon it becoming complete by operation of law twenty (20) days after submission, for a co-location, and within seventy (70) days for installation, modification or replacement of a pole or decorative pole, the Department shall make the determination whether to approve or deny the application.

2.

A decision to deny the application shall be in writing, shall identify all reasons for denial, and shall identify the provision(s) of this section on which the denial was based.

3.

If the Department fails to act on an application within the review period provided in this section, the Applicant may provide the City written notice that the time period for acting has lapsed, and the Department shall then have twenty (20) days after receipt of said notice to render a written decision. If the Department does not act within that additional twenty (20) days, the application shall be deemed to be approved by operation of law.

I.

Standards of Review.

1.

The Department shall approve the application unless the co-location of a small cell installation or requested installation, modification, or replacement of a pole or decorative pole:

a.

Interferes with the operation of traffic control equipment;

b.

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

c.

Fails to comply with the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., or similar laws of general applicability regarding pedestrian access or movement;

d.

Requests that ground-mounted equipment be located more than seven and one-half (7.5) feet in radial circumference from the base of the pole, decorative pole, or support structure to which the antenna would be attached, provided that this shall not serve as reason for denial if the Applicant can show that the greater distance is necessary to avoid interfering with sight lines or clear zones for transportation or pedestrians or to otherwise protect public safety;

e.

Fails to comply with applicable codes;

f.

Fails to comply with the maximum limitations of what is defined as a small cell installation under this Article or otherwise refuses to locate the facilities underground in those areas where the City requires same of all utilities in the right-of-way;

g.

With respect to an application to install a pole or decorative pole, interferes with the widening, repair, reconstruction, or relocation of a public road or highway by the City or GDOT that has been advertised for bid and scheduled for completion within six (6) months after the application is filed;

h.

With respect to an application to install a pole or decorative pole, interferes with a public works construction project governed by O.C.G.A. Tit. 36, Ch. 91 and scheduled for completion within six (6) months after the application is filed;

i.

Fails to comply with aesthetic requirements or alternate location requirements of this section;

j.

Fails to comply with laws of general applicability that address pedestrian and vehicular traffic and safety requirements; or

k.

Fails to comply with laws of general applicability that address the occupancy or management of the right-of-way and that are not otherwise inconsistent with this Article or the ACT.

J.

Expiration of Permit. The co-location, installation, modification or replacement for which a permit is issued under this section shall be completed within six (6) months after issuance, provided that the City shall grant an extension for up to an additional six (6) months upon written request made before the expiration of the initial six-month period if a delay results from circumstances beyond the reasonable control of the Applicant.

K.

Relocation, Recondition and Replacement.

1.

If the City requires any widening, repair, reconstruction, or relocation of a public road or highway, or relocation of poles, support structures, or small cell installations as a result of a public project, the telecommunication facility owner shall relocate poles and support structures that have been installed in the right-of-way at no cost to the City in case said poles and support structures are found to unreasonably interfere with the widening, repair, reconstruction or relocation project or the public project. The telecommunication facility owner shall relocate the poles or support structures:

a.

By the date designated in a written notice by the City that contains a good faith estimate of the date by which the City intends to commence work so long as the time frames are applied to all utilities in the right-of-way, provided, however, that the date designated for relocation shall be at least forty-five (45) days after the City provides written notice of same; or

b.

Within the time frame that the telecommunication facility owner estimates in good faith is reasonably needed to complete the relocation, so long as such good faith estimate is provided to the City in writing within thirty (30) days following receipt of the City's written notice and explains in detail why such relocation cannot be reasonably completed by the date designated by the City.

2.

The telecommunication facilities owner shall reasonably cooperate with the City to carry out reconditioning work activities for any poles or decorative poles owned by the City in a manner that minimizes interference with the approved use of the facility. The City shall use reasonable effort to provide the telecommunication facility owner with written notice of reconditioning work at least one hundred twenty (120) days before such work begins. Upon receiving such notice, it shall be the telecommunication facility owner's sole responsibility to provide adequate measures to cover, remove, or otherwise protect the facility from the consequences of the reconditioning work including, but not limited to, paint and debris fallout. The City reserves the right to require removal of all facilities from the City's pole and surrounding premises during reconditioning work, provided that the requirement to remove such is contained in the written notice required herein. All costs associated with the protection measures shall be the sole responsibility of the telecommunication facility owner.

3.

In the case of the City needing to replace its poles or decorative poles, the City shall provide the telecommunication facility owner with at least one hundred twenty (120) days written notice of same before the City may remove the facility. The City shall promptly notify the telecommunication facility owner when the poles have been replaced and the equipment can be reinstalled. During the replacement work, the telecommunication facility owner may maintain a temporary communications facility on the property, or, after approval by the City, on any land owned or controlled by the City in the vicinity of the property.

4.

If the telecommunication facility owner fails to relocate a support structure as required in this section, or fails to provide a good faith estimate of the time needed to relocate, the City shall have the right, ten (10) days after written notice of same, to cut power or move any support structure or pole located in the right-of-way as the City may determine to be necessary, appropriate, or useful in order to commence work on the public project.

L.

Abandonment; Removal of Facilities.

1.

A small cell installation that is not operated, or a support structure or pole that is not utilized, for a continuous period of twelve (12) months shall be considered abandoned, and the owner shall remove such within ninety (90) days after receipt of a written notice from the City notifying the owner of the abandonment. The notice shall be sent by certified or registered mail at the last known address of the owner. Unless the owner provides written notice that the facility is not abandoned or does not remove same within said ninety (90) days, the City shall remove the facility, support structure or pole through actions provided for nuisance abatement under this Code.

2.

If an owner decides to abandon any small cell installation, support structure or pole, the owner shall notify the City no later than thirty (30) days after abandonment. The owner shall then remove the facility no later than 90 days after said notice. Failure to remove the facility, pole or support structure shall authorize the City to do so at the owner's expense. The owner shall be responsible for an additional penalty of five hundred dollars ($500.00). Until the owner pays said expense and penalty, the owner shall not be entitled to apply for, or receive, any future permits under this section.

M.

Public Safety.

1.

An Applicant in the public right-of-way shall employ due care during the installation and maintenance process and shall comply with all safety and public right-of-way protection requirements in the City codes and regulations and State Law.

2.

An Applicant or permittee pursuant to this section shall not place any small cell installations, support structures, poles or decorative poles where they will interfere with any existing infrastructure or equipment and shall locate its lines and equipment in such a manner as not to interfere unnecessarily with the usual vehicular or pedestrian traffic patterns or with the rights or reasonable convenience of owners of property that abuts any public right-of-way.

3.

If the City determines that a telecommunication facility owner's activity in the public right-of-way pursuant to this section creates an imminent risk to public safety, the City shall provide written notice to the facility owner requiring the facility owner to address said risk. If the facility owner fails to address the issue within 24 hours of the written notice, the City shall be authorized to address said issue at the facility owner's expense.

4.

Any damage to the public right-of-way caused by the activities of the telecommunication facility owner while occupying, installing, repairing or maintaining small cell installations, poles, or support structures shall be repaired promptly by the facility owner. If the facility owner fails to conduct such repairs within ninety (90) days of receipt of a written notice from the City notifying the facility owner of the damage to the right-of-way, the City shall be authorized to correct and repair the damage at the facility owner's expense, plus a five hundred dollars ($500.00) penalty. Failure of the facility owner to pay the City's expenses under those circumstances, as well as the penalty, shall result in the facility owner being prohibited from applying for, or receiving, any further permits under this section until the full amount is paid to the City.

N.

Alternate Locations. For application for new poles in the public right-of-way in areas zoned for residential use, the City may propose an alternate location in the public right-of-way within one hundred (100) feet of the location set forth in the application, and the Applicant shall use the City's proposed alternate location unless the location imposes technical limits or significant additional costs, a fact the Applicant must certify to have determined in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

O.

First Come, First Served Requests. If multiple applications are received by the City to install two or more poles or decorative poles at the same location or to co-locate two (2) or more small cell installations on the same pole, decorative pole or support structure, the Applications shall be considered in the order they were received once deemed complete and, if a permit is granted for the first completed application, the subsequent completed applications for the same location shall be deemed to be automatically denied.

(Ord. No. 2019-20, § 2, 12-2-19)