Flandreau City Zoning Code
SMALL CELL
WIRELESS COMMUNICATION FACILITIES
§ 155.290 PURPOSE.
(A) The provisions of this subchapter shall be known as the small cell facilities regulation. It is the purpose of these provisions to develop standards and siting criteria and to establish removal procedures.
(B) It is further the purpose of these provisions:
(1) To establish regulations and siting standards for small cell wireless communication facilities (SCFs), whether in the public right-of-way or on other public or private property, in a manner that will protect the public’s health, safety, and welfare and maintain the aesthetic integrity of the community;
(2) To facilitate the provisions of wireless communication services; and
(3) To provide regulations which are specifically not intended to and shall not be interpreted or applied to prohibit or effectively prohibit the provision of wireless services, unreasonably discriminate among functionally equivalent service providers, or regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.292 APPLICABILITY.
(A) Permit processing. For all SCF installation types, including new and replacement utility poles and SCF collocation to existing SCF support structures or existing utility poles, the Administrative Official shall issue permits in accordance with the terms and procedures set forth in this subchapter.
(B) Zoning exemption. All SCF installations shall be exempt from general zoning restrictions unless a provision of such zoning code is explicitly cited by a section of this subchapter.
(C) Exempt activities. This subchapter shall not apply to routine maintenance or the replacement of an SCF, utility pole, or SCF support structure which was previously approved pursuant to this subchapter with another SCF, utility pole, or SCF support structure that is the same or substantially similar.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.293 SITING AND COLLOCATION CRITERIA.
(A) SCFs shall:
(1) Be located on existing structures such as utility poles or SCF support structures; or
(2) Be located on public property and structures if the controlling public entity agrees to the placement.
(B) Applications to collocate SCFs at locations other than those listed above in division (A) above may not be approved administratively. However, if an applicant certifies that it is not technically feasible, economically feasible, or places an undue burden to collocate an SCF at a location designated in division (A) above, the applicant may request a special review of the application as provided under § 155.295. Such certification shall include a written statement indicating the reason why said location is not feasible.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.294 PERMIT REQUIRED.
An SCF permit shall be required to install any SCF, utility pole, or SCF support structure. Applications for an SCF permit shall be considered and approved pursuant to the provisions of this section. An SCF permit shall be deemed to include all other municipal permits which may be necessary to place and construct an SCF, utility pole, or SCF support structure as represented in an approved application. The granting of an SCF permit pursuant to this subchapter is not a grant of any franchise. All applications shall first be reviewed administratively and then, if not eligible for administrative approval, may be considered via the special review process.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.295 PERMIT PROVISIONS AND PROCESS.
(A) General review provisions.
(1) Review period. The Administrative Official must approve or deny all SCF permit applications pursuant to this subchapter within 90 days after the date an application is filed for an SCF permit application to place a new utility pole or SCF support structure or within 60 days after the date an application is filed for collocation of an SCF. If approved, the permit shall be issued on or before day 90 or 60.
(2) Tolling of review period. An applicant and the Administrative Official can mutually agree in writing to toll the applicable review period at any time.
(3) Final decision. By the end of the applicable review period, the city must advise the applicant in writing of its final decision. If the final decision is to deny the application, the final decision shall state the basis for denial including specific code provisions on which the denial is based.
(4) Nondiscrimination. The Administrative Official shall process all applicants under this subchapter in a nondiscriminatory manner. Aesthetic requirements shall be reasonable, no more burdensome than for other types of infrastructure deployments, objective, and published in advance.
(B) Administrative review process. An application submitted pursuant to this subchapter shall be reviewed as follows:
(1) Submission of application. Applicant shall submit a complete SCF application accompanied by any corresponding application fee to the Administrative Official.
(2) Review for completeness.
(a) The Administrative Official shall review the application for completeness following submittal. The Administrative Official must provide a written notice of incompleteness to the applicant within ten days of receipt of the SCF permit application clearly and specifically delineating all missing information. Information specified in a notice of incompleteness shall be limited to that which is relevant to the approval or denial of an application under this subchapter.
(b) The applicant shall then submit all information specified in the notice of incompleteness. The applicable review period shall restart at zero on the date the applicant provides the missing information to complete the application.
(c) For subsequent determinations of incompleteness, the applicable review period shall be tolled if the Administrative Official provides written notice within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The applicable review period will continue and shall not restart at zero on the date the applicant provides the missing information identified in a subsequent incompleteness review.
(3) Approval. An application may not be approved via the administrative review process unless the proposed SCF, utility pole, or SCF support structure meets all applicable location and design requirements of this subchapter. An application shall be approved via the administrative review process if the proposed SCF, utility pole, or SCF support structure meets all applicable location and design requirements of this subchapter.
(C) Special review process. An applicant may request a special review of an application which is not eligible for administrative approval due to not meeting the applicable location or design requirements of this subchapter and where compliance with said requirements is not technically feasible, economically feasible, or poses an undue burden. Special reviews shall be conducted by the Board of Adjustment in a public meeting. Notice of such meeting shall comply with SDCL § 1-25-1.1. The review hearing and final decision shall take place within the applicable 60-or-90 day review period which shall begin on the date a complete application is submitted to the Administrative Official.
(D) Vote of approval. The Board of Adjustment must approve, by majority vote of all members, an SCF application upon finding that the proposed installation has no reasonable alternative which better fits the location and design requirements of this subchapter. The Board shall deny an application which does have a reasonable alternative which better fits the location and design requirements of this subchapter. For an alternative to be reasonable, the alternative must be technically feasible, economically feasible, and must not impose an undue burden.
(E) After final determination. After the Board of Adjustment has made a determination on an SCF application, the Administrative Official shall issue an SCF permit if the application was approved. If denied, the Administrative Official shall provide a notice of final decision including the grounds upon which the Board of Adjustment denied the application.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
Statutory reference:
Related provisions, see SDCL § -25-1.1
§ 155.296 PERMIT CONDITIONS.
(A) A permittee shall comply with all applicable law including, but not limited to, applicable historic preservation ordinances of the city and utility under grounding requirements.
(B) Issuance of any permit pursuant to this subchapter shall not confer any ownership rights in the public right-of-way.
(C) No permittee may construct, operate, place, locate, or maintain any small cell facility so as to interfere with the use of the public right-of-way by the city, the general public, or any other persons authorized to use or be present in or upon the public right-of-way.
(D) No permittee or affiliate thereof shall take any action or cause any action to be done which may impair or damage any ROW or other property located in, on, or adjacent thereto. Any and all public right-of-way, public property, or private property that is disturbed or damaged by the permittee or affiliate thereof during the construction, operation, maintenance, or repair of a small cell facility shall be promptly repaired by permittee. In the event the permittee fails to make such repairs within a reasonable time period, the city may complete or cause to be completed the repair work and bill the actual and reasonable costs to the permittee. Public property, private property, and public right-of-way must be restored to as good a condition as before the disturbance or damage occurred to the reasonable satisfaction of the city.
(E) In the event of an unexpected repair or emergency, the owner of a small cell facility may commence such repair and emergency response work as required under the circumstances provided it shall notify the city promptly before such repair or emergency work or the next day thereafter if advance notice is not practicable.
(F) Each permittee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state, and local requirements. The permittee shall be responsible for all electrical or other utility costs associated with operating each installed SCF.
(G) Every small cell facility shall be subject to the right of periodic inspection by the city after notification to the small cell facility owner. Each operator must respond to requests for information regarding its system and plans for the system as the city may from time to time issue including requests for information regarding its plans for construction, operation, and repair of the public right-of-way.
(H) The city retains the right and privilege, after notifying the small cell facility owner, to move any small cell facility located within the public right-of-way as the city may determine to be necessary in response to any public health or safety emergency.
(I) To the extent permitted by state law, the city shall not be liable for any damage to any small cell facility within the public right-of-way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public right-of-way by or on behalf of the city except to the extent such damage is due to or caused by the city’s negligence or willful misconduct.
(J) Restoration shall comply with the following.
(1) When a permittee or any person acting on its behalf does any work in or affecting any public right-of-way, it shall, at its own expense, promptly remove any obstructions therefrom and restore such right-of-way or property to the same or better than the condition which existed before the work was undertaken. As used in this section, PROMPTLY shall mean as soon as required by the city in the reasonable exercise of the city’s discretion.
(2) If weather or other conditions do not permit the complete restoration required hereunder, the permittee shall temporarily restore the affected right-of-way or property. Such temporary restoration shall be at the permittee’s sole expense, and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(3) A permittee or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares, and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle, or property by reason of such work in or affecting the right-of-way.
(4) Restoration and repair work shall be the responsibility of the permittee for two years after completion thereof. Such work shall be limited to further restoration or repairs arising out of deficient completion of the initial work but shall not include further restoration or repairs arising out of events not related to the initial completion of the work.
(K) The site and small cell facilities and SCF support structures including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans. This includes, but is not limited to, mowing, weeding, and trimming.
(L) All graffiti on small cell facilities must be removed at the sole expense of the permit holder after notification by the city to the owner or operator of the small cell facilities.
(M) A certificate of completion shall be required.
(1) A certificate of completion will only be granted upon satisfactory evidence that the SCF was installed in substantial compliance with the approved plans and photo simulations.
(2) If it is found that the SCF installation does not substantially comply with the approved plans and photo simulations, the applicant shall make any and all such changes required to bring the SCF installation into compliance within the time frame established by the municipality. Failing to obtain a certificate of completion within the applicable time frame shall cause a permit to be revoked.
(N) All small cell facilities must comply with all standards and regulations of the FCC and any state or other federal government agency with the authority to regulate small cell facilities.
(O) Each applicant shall secure and maintain liability insurance policies, as accepted by the city, insuring the applicant, the city, and the city’s elected and appointed officers, officials, boards, commissions, agents, representatives, and employees as additional insureds as their interest may appear under this section except workers compensation and employer’s liability which insurance shall be maintained during and for one year after termination of the permit. Expected coverage shall be the same or substantially similar to the following:
(1) General liability insurance with limits of:
(a) Five million dollars per occurrence for bodily injury including death;
(b) Two million dollars for property damage resulting from any one accident; and
(c) Five million dollars general aggregate including premises operations, products, completed operations, explosions, collapse, and underground hazards.
(2) Automobile liability for owned, non-owned, and hired vehicles in the amount of $2,000,000 combined single limit for each accident for bodily injury and property damage; and
(3) Worker’s compensation within state statutory limits and employer’s liability insurance with limits of $1,000,000 each accident, disease, or policy limit.
(P) Upon receipt of notice from its insurer(s), an applicant shall provide the city with 30 days prior written notice of cancellation of any required coverage. The applicant shall obtain and furnish to the city replacement insurance policies meeting the requirements of this section.
(Q) Upon approval of an SCF application, the permittee shall post a bond, letter of credit, or other form of surety acceptable to the city.
(1) The purpose of such financial assurance shall be to:
(a) Provide for the removal of abandoned or improperly maintained SCFs including those that the city determines need to be removed to protect public health, safety, or welfare;
(b) Restoration of the ROW in connection with removals as provided for in this subchapter; or
(c) Recoup rates or fees that have not been paid by the permittee in over 12 months, so long as the permittee has received reasonable notice from the city of any of the non-compliance listed above and an opportunity to cure.
(2) The amount of the financial assurance shall be $200 per approved SCF permit. For permittees with multiple SCFs within the city, the total amount of financial assurance across all facilities may not exceed $10,000 which amount may be combined into one surety instrument.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.297 APPLICATIONS, FEES, AND RATES.
(A) Application form. The Administrative Official shall designate or develop an application form for an SCF permit. An applicant may include requests for new or replacement utility poles or SCF support structures. The Administrative Official shall allow for applications to be consolidated pursuant to this subchapter. Each applicant must submit a complete application for each permit desired.
(B) Consolidated applications. Each SCF permit request in a consolidated application shall be considered individually.
(C) Application requirements. All applications for the placement of an SCF, including modification or construction of a utility pole or SCF support structure submitted under this subchapter, shall include the following.
(1) Photo simulations. A photo simulation of a reasonably representative installation type that includes to-scale visual simulations that show unobstructed before-and-after construction daytime views from at least two angles together with a map that shows the location of the proposed installation including all equipment shall be submitted. A separate set of such materials shall be required for any design which is materially different.
(2) Noise study. A noise study shall be conducted and submitted for the SCF when requested by the city, when the proposed site is within 20 feet of a residential structure, and when the application proposes to utilize equipment which may produce a persistent or chronic audible tone at such distance.
(3) Radio frequency (RF) emissions compliance. Whereas the FCC has exclusive jurisdiction to establish radio frequency emission safety standards, the city may only require a written report or statement signed and sealed by a state licensed engineer or signed by a competent employee of the applicant which explains compliance with the RF emissions limits established by the FCC.
(4) Utility pole or SCF support structure inspection. For collocations or modifications to existing utility poles or SCF support structures, applicants shall inspect the structure to which a proposed SCF would be attached and determine, based on a structural engineering analysis by a state registered professional engineer, the suitability of the pole or structure for the applicant’s purposes. The structural engineering analysis shall be submitted to the Administrative Official and shall certify that the utility pole or SCF support structure can reasonably support the proposed SCF.
(5) New and replacement utility poles and SCF support structures. For new and replaced utility poles and SCF support structures, applicants shall submit foundation drawings demonstrating the foundation and new or replacement utility pole or SCF support structure can reasonably support the SCF.
(6) Design justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under § 155.298 below. A complete design justification must identify all applicable design standards under this subchapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.
(7) Site plan. A site plan clearly indicating the location, type, height, and width of the proposed pole, on-site land uses and zoning, adjacent land uses and zoning, distances to nearby objects, structures, property lines, adjacent roadways, proposed means of access, utility runs, and other information which may uniquely impact the SCF’s fitness for a particular site.
(8) Aesthetic compliance summary. An explanatory statement of aesthetic considerations and requirements factored into applicant’s design such as stealthing, finishing, fencing, landscaping, or other elements which may impact the visual appeal of the SCF.
(9) Written Statement. A clear and complete written statement of purpose which shall minimally include a description of the technical objective to be achieved, a to-scale map that identifies the proposed site location and the targeted service area to be benefitted by the proposed project, and full-color signal propagation maps.
(D) Application fees. A permit for SCF including a utility pole or SCF structure shall be limited to $500 for up to five SCFs and $100 for each additional SCF on the application.
(E) Recurring fees. A wireless provider authorized under this subchapter to place SCFs upon any related utility pole or SCF support structure in the ROW shall pay to the city an annual ROW access fee of up to $270 per site per year to cover all recurring fees including the cost of ongoing monitoring of each site for compliance with the terms of this subchapter and for the health, safety, and welfare of the general public and for the attachment of SCFs to city-owned or controlled utility poles or SCF support structures. Recurring fees shall be paid annually in accordance with the city’s standard billing or invoicing procedures as the case may be. The City Council shall establish and adjust recurring fee rates by resolution.
(F) Reasonable fee increases. The application fee and the recurring fees under this section shall be the sole compensation that the wireless provider shall be required to pay the city. However, the rates of either the application fee or the recurring fees may be increased due to extreme circumstances, but in no case may such fees exceed a reasonable approximation of the city’s actual and reasonable costs. In addition, such fees must be objectively reasonable and no higher than charged to similarly-situated competitors in similar situations.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.298 STANDARDS FOR DESIGN, EQUIPMENT, AESTHETICS, AND THE LIKE.
(A) Utility pole design. An existing utility pole may be replaced or extended to accommodate small cell facilities subject to the following requirements.
(1) Replacement and new utility poles. Replacement utility poles shall be substantially similar to the width, color, and material of the original or adjacent utility poles. The city may approve minor deviations up to the minimum additional height needed to allow for the required clearance from electrical wires to accommodate an antenna or antennas and may also approve minor deviations up to 50% of the pole width at its base, not exceeding 30 inches, when housing equipment is placed within the pole base. Replacement utility poles shall be located as close as possible to the existing utility pole, and the replaced utility pole shall be removed. Replacement street lights and poles shall conform to the adopted streetscape design standard for the zoning district. New utility poles shall mimic the design of a replacement utility pole that is most suitable for the proposed location.
(2) Replacement and existing utility pole height. The height of any antennas at the top of a replacement or existing utility pole or any pole extender shall be no higher than the greater of either 50 feet or the height of such utility pole or SCF support structure plus 10%.
(3) Equipment concealed. Whenever technically feasible, antennas, cabling, and equipment shall be fully concealed within a pole or otherwise camouflaged to appear to be an integrated part of a pole.
(4) Flush-mounting and pole-top antennas. When technically feasible, antennas will be flush-mounted on a pole which means either mounted directly to the pole with no gap other than that which may be required for screws, bolts, or similar hardware; located at the top of the pole; or side mounted by mounted arm as needed for required clearance. Canisters attached to the top of a pole shall not exceed the diameter of the pole unless technically required and then shall not be more than 50% greater than the diameter of the pole at the point of attachment or up to 16 inches in diameter, whichever is greater.
(5) Antenna design. Each antenna shall be located in an enclosure of no more than three cubic feet in volume, or in case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three cubic feet.
(6) No illumination. Small cell facilities shall not be illuminated except for small status LEDs installed by the manufacturer. Such LEDs may not be of a nature which is likely to distract a vehicle or pedestrian due to brightness, size, blinking, other similar condition, or any combination thereof.
(7) Generators and battery backup. Generators are not permitted for small cell facilities. A battery backup may be permitted if it is concealed consistent with the provisions of this subchapter.
(8) Cabinet location and dimensions. Any equipment cabinet for a small cell facility shall utilize the smallest cabinet enclosure that is technically feasible to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet.
(9) Painting, coating, or finish material. The exterior of an SCF shall be painted, coated, or be of a material which draws minimal attention from an observer. For example, an SCF painted in blaze orange or safety green is highly likely to draw attention and be distracting, and an SCF finished with polished aluminum is more likely to be distracting than an SCF finished with matte grey paint.
(B) Ground-mounted equipment. To allow full use of the public rights-of-way by pedestrians, bicyclists, and other users, all ground-mounted equipment, excluding antennas, shall to the extent feasible be either underground, incorporated into street furniture, or concealed in the base of a pole and in all cases shall comply with the Americans with Disabilities Act (ADA), city construction standards, and any applicable state or federal regulations in order to provide clear and safe passage within the public right-of-ways. The location of any ground-mounted equipment shall also comply with the Americans with Disabilities Act (ADA), city construction standards, and any applicable state or federal regulations in order to provide clear and safe passage within the public rights-of-way.
(C) Building-mounted small cell facilities. Antennas may be mounted to a building if the antennas do not interrupt the building’s architectural theme.
(1) Balanced design. Small cell facilities attached to the side or roof of buildings shall employ a symmetrical or balanced design for all facade-mounted antennas. Subsequent deployments on a structure’s exterior will be required to ensure consistent design, architectural treatment, and symmetry with any existing small cell facilities on the same side of the structure.
(2) Architectural preservation. The interruption of architectural lines or horizontal or vertical reveals is prohibited unless demonstrated to be unavoidable.
(3) Complementary architecture. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceals an antenna or antennas may be used only if the new feature complements the architecture of the existing building.
(4) Mounting brackets. Small cell facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building.
(5) Concealment. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed conduit cabling and wiring is prohibited.
(6) Matching paint. Small cell facilities and all visible mounting hardware shall be painted and textured to match adjacent building surfaces.
(7) Permission. All installations of a small cell facility shall have permission from the utility pole or SCF support structure owner to install the small cell facility on such utility pole or SCF support structure. Nothing in this section affects the need for an applicant seeking to place a small cell facility on a utility pole or SCF support structure that is not owned by the city to obtain from the owner of the utility pole or SCF support structure any necessary authority to place the small cell facility nor shall any provision of this section be deemed to affect the rates, terms, and conditions for access to or placement of a small cell facility on a utility pole or SCF support structure not owned by the city. This section does not affect any existing agreement between the Administrative Official and an entity concerning the placement of small cell facilities on any city-owned utility pole or SCF support structure.
(D) Preferred projecting or marquee sign. Small cell facilities replicating a projecting or marquee sign must comply with the city’s sign regulations. All antennas shall be completely screened by the facade of the sign. All cables and conduit to and from the sign shall be routed from within a building wall. Cable coverings may be allowed on the exterior of the building wall in limited circumstances and in situations where the coverings are minimally visible and concealed to match the adjacent building surfaces.
(E) Parking lot lighting. Small cell facilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with applicable municipal code and construction standards except that a pole extender up to five feet in height may be utilized.
(F) Purely aesthetic standards. To the extent that a requirement is purely aesthetic, an SCF applicant shall not be required to meet a more burdensome standard than other users of the right-of-way. Other users of the right-of-way shall meet the purely aesthetic standards of this subchapter for new or replacement deployments to the extent which is technically and economically feasible.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.299 RELOCATION AND REMOVAL.
(A) Relocation. All small cell facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel on or safety of the public right-of-way or obstruct any legal use of the city’s right-of-way or uses of the right-of-way by utilities or other providers. If, in the reasonable determination of the city, a small cell facility needs to be relocated for reasons of public health, safety, or welfare or ROW maintenance or construction projects, the small cell facility shall be relocated at the owner’s or operator’s expense. If the owner or operator of the small cell facility fails to complete any relocation as required by the city within 90 days of mailing of written notice, the city may commence and complete the relocation and charge the owner or operator of the small cell facility for the actual and reasonable costs of the relocation including any reasonable attorney fees and expenses.
(B) Removal of abandoned small cell facilities, utility poles, and other SCF support structures. Any SCF, utility pole, or other SCF support structure that is not operated for a continuous period of 12 months or is no longer authorized by a small cell facility permit or other permit shall be considered abandoned, and the owner of such SCF, utility pole or other SCF support structure shall so notify the city in writing and remove the same within 90 days of giving notice to the city of such abandonment. Failure to remove an SCF, utility pole, or other SCF support structure within said 90 days shall be grounds for the city to remove the SCF, utility pole, or SCF support structure at the owner’s expense including all costs and reasonable attorney fees.
(C) Multiple users. If there are two or more users of a single utility pole or SCF support structure, these provisions shall not become effective until all users cease using the utility pole or SCF support structure.
(Ord. 591, passed 10-21-2019)
§ 155.300 GENERAL INDEMNIFICATION.
In addition to, and distinct from, the insurance requirements of this subchapter, each applicant hereby agrees to defend, indemnify, and hold harmless the city and its officers, officials, boards, commissions, employees, agents, and representatives from and against any and all damages, losses, claims, and expenses including reasonable attorney fees and costs of suit or defense arising out of, resulting from, or alleged to arise out of or result from the acts, omissions, failure to act, or misconduct of the applicant or its affiliates in the construction, installation, operation, maintenance, repair, removal, or replacement of the SCF. This shall not require the applicant to indemnify or hold harmless the city for any losses, claims, damages, and expenses arising out of or resulting from the negligence or willful misconduct of the city.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)
§ 155.302 CONFLICT.
(A) Conflict. Subject to the limitation set forth in this subchapter, these small cell facility regulations are in addition to other regulations in the municipal code. In case of a conflict between regulations, and provided the regulation is consistent with federal law, the more restrictive provisions shall apply.
(Ord. 591, passed 10-21-2019; Ord. 622, passed 10-7-2024)