The purpose of this section is to establish regulations for wireless communication antennas and support structures in accordance with RSMo 67.5090 to 67.5125, or other applicable state law, as the same may be amended or supplemented.

(Ord. No. 2020-4539, § 1, 9-3-20)

The intent of this section is to provide for the appropriate development of wireless communications facilities and related equipment to serve the citizens and businesses of the city.

(Ord. No. 2020-4539, § 1, 9-3-20)

A.

Except as otherwise noted herein, the requirements of this section apply to all new wireless communications facilities, any portion of which is located within the city. Any towers and/or wireless facilities legally existing and in use pursuant to the passage of this section shall be allowed to continue as a nonconforming use. This section shall not preclude the routine maintenance or repair and/or replacement of malfunctioning wireless communication facilities.

B.

Any towers or wireless communication facilities discontinued or no longer in use as defined in section 25-7.11, Abandonment of Nonconforming Uses, shall not be reestablished. Any improvements to the tower, with the exception of that associated only with the installation of additional antennas and its equipment shall be considered new and will require the tower be brought into full conformity with this article.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5094, Prohibited acts by authority, the following acts shall be prohibited by the city:

A.

Require an applicant to submit information about, or evaluate an applicant's business decisions with respect to its designed service, customer demand for service, or quality of its service to or from a particular area or site.

B.

Evaluate an application based on the availability of other potential locations for the placement of wireless support structures or wireless facilities, including without limitation the option to co-locate instead of construct a new wireless support structure or for substantial modifications of a support structure, or vice versa; provided, however, that solely with respect to an application for a new wireless support structure, the city may require an applicant to state in such applicant's application that it conducted an analysis of available co-location opportunities existing wireless towers within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.

C.

Dictate the type of wireless facilities, infrastructure, or technology to be used by the applicant, including, but not limited to, requiring an applicant to construct a distributed antenna system in lieu of constructing a new wireless support structure.

D.

Require the removal of existing wireless support structures or wireless facilities, wherever located, as a condition for approval of an application.

E.

With respect to radio frequency emissions, impose environmental testing, sampling, or monitoring requirements or other compliance measures on wireless facilities that are categorically excluded under the Federal Communication Commission's rules for radio frequency emissions under 47 CFR 1.1307(b)(1) or other applicable federal law, as the same may be amended or supplemented.

F.

Establish or enforce regulations or procedures for radio frequency signal strength or the adequacy of service quality.

G.

Establish or enforce regulations or procedures for environmental safety for any wireless communications facility that is inconsistent with or in excess of those required by OET Bulletin 65, entitled Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields, Edition 97-01, released August, 1997, and Supplement A: Additional Information for Radio and Television Broadcast Stations.

H.

In conformance with 47 U.S.C. Section 332(c)(7)(b)(4), reject an application, in whole or in part, based on perceived or alleged environmental effects of radio frequency emissions.

I.

Impose any restrictions with respect to objects in navigable airspace that are greater than or in conflict with the restrictions imposed by the Federal Aviation Administration.

J.

Prohibit the placement of emergency power systems that comply with federal and state environmental requirements.

K.

Charge an application fee, consulting fee, or other fee associated with the submission, review, processing, and approval of an application that is not required for similar types of commercial development within the city.

L.

Impose surety requirements, including bonds, escrow deposits, letters of credit, or any other type of financial surety, to ensure that abandoned or unused facilities can be removed.

M.

Condition the approval of an application on the applicant's agreement to provide space on or near the wireless support structure for city services at less than the market rate for space or to provide other services via the structure or facilities at less than the market rate for such services.

N.

Limit the duration of the approval of an application.

O.

Discriminate or create a preference on the basis of the ownership, including ownership by authority, of any property, structure, or tower when promulgating rules or procedures for siting wireless facilities or for evaluating applications.

P.

Impose any requirements or obligations regarding the presentation or appearance of facilities, including, but not limited to, those relating to the kind or type of materials used and those relating to arranging, screening, or landscaping of facilities if such regulations or obligations are unreasonable.

Q.

Impose any requirements that an applicant purchase, subscribe to, use, or employ facilities, networks, or services owned, provided, or operated by the city, in whole or in part, or by any entity in which the city has a competitive, economic, financial, governance, or other interest.

R.

Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or ensure the city in connection with the city's exercise of its police power-based regulations.

S.

Condition or require the approval of an application based on the applicant's agreement to permit any wireless facilities provided or operated, in whole or in part, by the city or by any entity in which the city has a competitive, economic, financial, governance, or other interest, to be placed at or co-located with the applicant's wireless support structure.

T.

The city may not institute any moratorium on the permitting, construction, or issuance of approval of new wireless support structures, substantial modifications of wireless support structures, or co-locations if such moratorium exceeds six (6) months in length and if the legislative act establishing it fails to state reasonable grounds and good cause for such moratorium. No such moratorium shall affect an already pending application.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5096, Permitted acts by authority, the following acts shall be permitted by the city:

A.

In regard to the siting of new wireless support structures, the city may continue to exercise zoning, land use, planning, and permitting authority within the city boundaries, subject to the provisions of RSMo 67.5090 to 67.5103, including without limitation RSMo 67.5094, Prohibited acts by authority, and subject to federal law.

B.

An applicant proposing to construct a new wireless support structure shall:

1.

Submit the necessary copies and attachments of the application. Each application shall include a copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application.

2.

Comply with the applicable local ordinances concerning land use and applicable permitting processes.

C.

Disclosure of records in the possession or custody of city personnel, including, but not limited to, documents and electronic data, shall be subject to RSMo Ch. 610.

D.

City staff, within one hundred twenty (120) calendar days of receiving an application to construct a new wireless support structure or within such additional time as may be mutually agreed to by an applicant and the city, shall review the application and inform the applicant in writing of its findings.

E.

If the city fails to act on an application to construct a new wireless support structure within the one hundred twenty (120) calendar days' review period mentioned herein or within such additional time as may be mutually agreed to by an applicant and the city, the application shall be deemed approved.

F.

A party aggrieved by the final action of the city, either by its affirmatively denying an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction within this state.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5098, Modification of structures, all applicants for substantial modifications of wireless support structures shall follow all applicable requirements described in section 25-27.4, Permitted Acts of Authority.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5100, Review for conformity with applicable building permit requirements, the following provisions shall apply to applications for wireless facilities requiring a building permit:

A.

Subject to the provisions of RSMo 67.5090 to 67.5103, including RSMo 67.5094, co-location applications and applications for replacement of wireless facilities shall be reviewed for conformance with applicable building permit requirements, National Electric Safety Codes, and recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not otherwise be subject to zoning or land use requirements, including design or placement requirements, or public hearing review.

B.

The city, within forty-five (45) calendar days of receiving a co-location application shall:

1.

Review the co-location application or application to replace wireless facilities in light of its conformity with applicable building permit requirements and consistency with RSMo 67.5090 to 67.5103. An application is deemed to be complete unless the city planner or city engineer notifies the applicant in writing, within fifteen (15) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete. Each application shall include a copy of a lease, letter of authorization or other agreement from the property owner evidencing the applicant's right to pursue the application. Upon receipt of a timely written notice that an application is deficient, an applicant may take fifteen (15) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within fifteen (15) calendar days, the application shall be reviewed and processed within forty-five (45) calendar days from the initial date the application was received. If the applicant requires a period of time beyond fifteen (15) calendar days to cure the specific deficiencies, the forty-five (45) calendar days' deadline for review shall be extended by the same period of time.

2.

Make its final decision to approve or disapprove the application.

3.

Advise the applicant in writing of its final decision.

C.

If the city fails to act on an application within forty-five (45) calendar days' review period, the application shall be deemed approved.

D.

The provisions of RSMo 67.5090 to 67.5103, shall not:

1.

Authorize the city to mandate, require, or regulate the placement, modification, or co-location of any new wireless facility on new, existing, or replacement poles owned or operated by a utility.

2.

Expand the power of the city to regulate any utility.

3.

Restrict any utility's rights or authority, or negate any utility's agreement, regarding requested access to, or the rates and terms applicable to placement of any wireless facility on new, existing, or replacement poles, structures, or existing structures owned or operated by a utility.

E.

A party aggrieved by the final action of the city, either by its affirmatively denying an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction within the state.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5104, Pole attachment and pole defined, the following provisions shall apply to wireless facilities attached on utility poles owned or controlled by the city:

A.

As used in this section, "pole attachment" means an attachment by an attaching entity, including a video service provider, a telecommunications provider or other communications-related service provider to a pole owned or controlled by the city, but not a wireless antenna attachment or an attachment by a wireless communications provider to a pole. As used in this section, "pole" means a utility pole which is owned or controlled by the city, but shall not include poles that are not associated with the transmission or distribution of electric power, communications, broadband, or video services. The city may only deny an attaching entity access to the utility's poles on a nondiscriminatory basis if there is insufficient capacity or for reasons of safety and reliability and if the attaching entity will not resolve the issue. If the city does not find any capacity, safety, or reliability issues, the city shall issue the attaching entity a permit to attach to the city's poles. Nothing in this section shall be construed to prohibit the city from requiring an attaching entity to enter into a pole attachment agreement consistent with this section.

B.

The provisions of this section shall not supersede existing pole attachment agreements established prior to August 28, 2014.

C.

Nothing in this section shall be construed as conferring any jurisdiction or authority to the public service commission or any state agency to regulate either the fees, terms, or conditions for pole attachments, or for any state agency to assert any jurisdiction over attachments to poles regulated by 47 U.S.C. Sec. 224.

D.

The city may, after reasonable written notice and an opportunity to cure, as provided in the applicable pole attachment agreement between the city and an attaching entity, revoke a pole attachment permit granted to an attaching entity and require removal of the attachment with or without fee refund for breach of the pole attachment agreement or permit until the breach is cured, but only in the event of a substantial breach of material terms and conditions of the pole attachment agreement or permit. A substantial breach by an attaching entity shall be limited to:

1.

A material violation of a material provision of the applicable pole attachment agreement or permit.

2.

An evasion or attempt to evade any material provision of the applicable pole attachment agreement or permit.

3.

A material misrepresentation of fact in the applicable pole attachment agreement or permit application.

4.

A failure to complete work by the date and in accordance with the terms specified in the applicable pole attachment agreement or permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the attaching entity's control.

5.

A failure to correct, within the time and in accordance with the terms specified by the city in the applicable pole attachment agreement or permit, work by the attaching entity that does not conform to applicable national safety codes, industry construction standards, or local safety codes that are not more stringent than national safety codes, upon inspection and notification by the city of the faulty condition. If the time for correction is not specified in the applicable pole attachment agreement or permit, the time for correction shall be reasonable under the particular circumstances, and in no event less than thirty (30) days.

6.

Unless otherwise provided for in an applicable pole attachment agreement, in the event of an imminent threat to the public health, life, or safety, the city shall, upon notice to the attaching entity, request the attaching entity rearrange, relocate, or remove a pole attachment from a pole or absent action from the attaching entity, have the authority to rearrange, relocate, or remove a pole attachment consistent with industry practices. The attaching entity shall be notified as soon as practicable upon the cessation of the threat to public health, life, or safety, or upon restoration of the attachment by the city.

(Ord. No. 2020-4539, § 1, 9-3-20)

A.

On residentially zoned lots. No freestanding towers of any kind shall be permitted in a residential zoning district except towers erected on property for health, safety, or other purposes, subject to the criteria of section 25-5, Conditional Uses and section 25-27.10, Submittal Requirements for New Freestanding Towers.

B.

Towers authorized as conditional uses shall conform to the following requirements:

1.

All towers must be designed and certified by a professional engineer to be structurally sound and, at minimum, in conformance with the building code and the structural requirements set forth in EIA-222-F, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," or its successors.

2.

Screening. All towers shall be surrounded by a landscape strip of not less than ten (10) feet in width, and planted with materials which will provide a visual barrier of a minimum height of six (6) feet tall, and deciduous trees at least two and one-half-inch in caliper, at the time of planting. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the city planner upon demonstration by the applicant that an equivalent degree of visual screening is achieved.

3.

All parcels upon which a tower is erected shall provide paved access and a minimum of two (2) parking spaces within a reasonable distance of the tower.

4.

All towers shall be maintained and kept in good condition so as to not endanger or menace the property of any person.

5.

All tower sites must contain adequate drainage facilities, subject to the review and approval of the city engineer or the Metropolitan Saint Louis Sewer District (MSD).

(Ord. No. 2020-4539, § 1, 9-3-20)

Applications for a conditional use permit allowing construction of a tower shall include the following in addition to the requirements of section 25-27.9, New Freestanding Towers:

A.

New freestanding towers. The following submittal requirements shall be submitted for review and approval by the city planner:

1.

A site plan drawn to scale specifying the location and height of tower(s), transmission structures, communications support cabinets buildings and structures, parking areas and access drives, landscaping, fences and zoning districts of adjacent properties as well as the subject property.

2.

Site development and tower construction plans prepared by an engineer licensed in the state.

3.

Evidence that the antenna mounted on the proposed tower cannot be accommodated on an existing structure. This evidence shall consist of:

a.

The names, addresses, and telephone numbers of all owners of other towers or useable wireless support structures which are capable of providing a location to construct the communications facilities that are planned to be housed or located on the tower within a one (1) mile radius of the proposed new tower site, including city-owned properties.

b.

Written documentation that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the applicant's wireless facility on an existing tower or useable wireless support structure. Said documentation shall include the following:

i.

Whether the applicant's communications facilities are technically capable of being installed or co-located on another telecommunication tower or useable wireless support structure.

ii.

If the applicant asserts that its communications facilities are technically infeasible of being installed or co-located on another telecommunication tower or useable wireless support structure, a written statement from the applicant setting forth in detail the reason(s) with regard to each telecommunication provider contacted, why such installation is technically infeasible, or why permission from the owner of said tower or useable antenna support structure cannot be obtained.

iii.

"Technically infeasible" for the purpose of this subsection means that the co-location or installation of the applicant's communication facilities on another person's tower would not comply with sound engineering principles, would materially degrade or unreasonably impair the use.

4.

City staff, within one hundred twenty (120) calendar days of receiving an application to construct a new wireless support structure or within such additional time as may be mutually agreed to by an applicant and the city, shall:

a.

Review the application in light of its conformity with applicable local zoning regulations. An application is deemed to be complete unless the city notifies the applicant in writing, within thirty (30) calendar days of submission of the application, of the specific deficiencies in the application, which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty (30) calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within thirty (30) calendar days, the application shall be reviewed and processed within one hundred twenty (120) calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty (30) calendar days to cure the specific deficiencies, the one hundred twenty (120) calendar days' deadline for review shall be extended by the same period of time.

b.

Make a final decision to approve or disapprove the application.

c.

Advise the applicant in writing of its final decision.

5.

If the city fails to act on an application to construct a new wireless support structure within the one hundred twenty (120) calendar days' review period mentioned herein or within such additional time as may be mutually agreed to by an applicant and the city, the application shall be deemed approved.

6.

A party aggrieved by the final action of the city, either by its affirmatively denying an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction within this state.

B.

Additional limitations.

1.

Unless expressly exempted by a conditional use permit, no such permit shall be effective until the approved application shall have satisfied all requirements for obtaining a conditional use permit including those provisions in this subsection.

2.

Planned districts. In a planned district, all towers and associated communications equipment must, at a minimum, comply with all of the conditions of this section.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with the Uniform Small Wireless Facility Deployment Act, RSMo 67.5110 to 67.5125, the following provisions shall apply to small wireless facilities.

A.

The provisions of this section shall apply only to activities of a wireless provider within the right-of-way to deploy small wireless facilities and associated poles.

B.

The city shall not enter into an exclusive arrangement with any person for use or management of the right-of-way for the co-location of small wireless facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of utility poles.

C.

Subject to provisions of RSMo 67.5110 to 67.5121, the city shall permit a wireless provider, as a permitted use not subject to zoning review or approval, to co-locate small wireless facilities and install, maintain, modify, operate, and replace utility poles along, across, upon, and under the right-of-way, except that the placement in the right-of-way of new or modified utility poles in single-family residential or areas zoned as historic as of August 28, 2018, remains subject to any applicable zoning requirements that are consistent with RSMo 67.5090 to 67.5103. Small wireless facilities co-located outside the right-of-way in property not zoned primarily for single-family residential use shall be classified as permitted uses and not subject to zoning review or approval. Such small wireless facilities and utility poles shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on such right-of-way or obstruct the legal use of such right-of-way by authorities or other authorized right-of-way users. Nothing in this section shall grant any wireless provider the power of eminent domain.

D.

Nothing in RSMo 67.5110 to 67.5121, shall prevent the city or applicable authorities, on a nondiscriminatory basis, from requiring a permit, with reasonable conditions, for work in a right-of-way that will involve excavation, affect traffic patterns, obstruct traffic in the right-of-way, or materially impede the use of a sidewalk.

E.

Each new, replacement, or modified utility pole installed in the right-of-way shall not exceed the greater of ten (10) feet in height above the tallest existing utility pole in place as of January 1, 2019, located within five hundred (500) feet of the new pole in the same right-of-way, or fifty (50) feet above ground level. New small wireless facilities in the right-of-way shall not extend more than ten (10) feet above an existing utility pole in place as of August 28, 2018, or for small wireless facilities on a new utility pole, above the height permitted for a new utility pole under this section. A new, modified, or replacement utility pole that exceeds these height limits shall be subject to any applicable zoning requirements that apply to other utility poles and are consistent with RSMo 67.5090 to 67.5103.

F.

A wireless provider shall be permitted to replace decorative poles when necessary to co-locate a small wireless facility, but any replacement pole shall reasonably conform to the design aesthetics of the decorative pole or poles being replaced, subject to the review and approval of the city planner.

G.

The city, in the exercise of its administration and regulation related to the management of the right-of-way, shall be competitively neutral with regard to other users of the right-of-way, including that terms shall not be unreasonable or discriminatory and shall not violate any applicable law. Nothing in RSMo 67.5110 to 67.5121, shall in any way be construed to modify or otherwise affect the rights, privileges, obligations, or duties, existing prior to August 28, 2018, of an electrical corporation, as defined in RSMo 386.020.

H.

Small wireless facility co-locations completed on or after August 28, 2018, shall not interfere with or impair the operation of existing utility facilities, or city or third-party attachments. The city may require a wireless provider to repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and to return the right-of-way to its functional equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the city. If the wireless provider fails to make the repairs required by the city within a reasonable time after written notice, the city may make those repairs and charge the applicable party the reasonable, documented cost of such repairs.

I.

Small wireless facilities in residential districts. The following submittal requirements shall be submitted for review and approval by the city planner:

1.

A site plan drawn to scale specifying the location and height of the facility.

2.

Small cell facility elevations, renderings, illustrations, or photographs.

3.

Additional requirements may be imposed on the deployment where it is determined, based on a review of the site plan by the city planner, and in accordance with applicable state statutes, that the additional requirements are necessary to fulfill the objectives described herein.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5113, the following provisions shall apply to the co-location of small wireless facilities:

A.

The provisions of this section shall apply to the permitting of small wireless facilities by a wireless provider in or outside the right-of-way and to the permitting of the installation, modification, and replacement of utility poles by a wireless provider inside the right-of-way.

B.

The city shall not prohibit, regulate, or charge for the co-location of small wireless facilities, except as provided under RSMo 67.5110 to 67.5121.

C.

The city may require an applicant to obtain one (1) or more permits to co-locate a small wireless facility or install a new, modified, or replacement utility pole associated with a small wireless facility as provided in RSMo 67.5112 subsection 3, provided such permits are of general applicability and do not apply exclusively to wireless facilities. The city shall receive applications for, process, and issue such permits subject to the following requirements:

1.

The city shall not directly or indirectly require an applicant to perform services or provide goods unrelated to the permit, such as in-kind contributions to the city, including reserving fiber, conduit, or pole space for the city.

2.

An applicant shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers, provided that an applicant may be required to include construction and engineering drawings and information demonstrating compliance with the criteria mentioned in this section and an attestation that the small wireless facility complies with the volumetric limitations in RSMo 67.5111 subdivision 19.

3.

The city shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.

4.

The city shall not limit the placement of small wireless facilities by minimum horizontal separation distances.

5.

The city may require a small wireless facility to comply with reasonable, objective, and cost-effective concealment or safety requirements adopted by the city.

(Ord. No. 2020-4539, § 1, 9-3-20)

A.

Within fifteen (15) days of receiving an application, the city shall determine and notify the applicant in writing whether the application is complete. If an application is incomplete, the city shall specifically identify the missing information in writing. The processing deadline in mentioned below is tolled from the time the city sends the notice of incompleteness to the time the applicant provides the missing information. That processing deadline may also be tolled by agreement of the applicant and the city.

B.

An application for co-location shall be processed on a nondiscriminatory basis and deemed approved if the city fails to approve or deny the application within forty-five (45) days of receipt of the application. An application for installation of a new, modified, or replacement utility pole associated with a small wireless facility shall be processed on a nondiscriminatory basis and deemed approved if the city fails to approve or deny the application within sixty (60) days of receipt of the application.

C.

The city may deny a proposed co-location of a small wireless facility or installation, modification, or replacement of a utility pole that meets the requirements in RSMo 67.5112 subsection 3, only if the action proposed in the application could reasonably be expected to:

1.

Materially interfere with the safe operation of traffic control equipment or city-owned communications equipment.

2.

Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles.

3.

Materially interfere with compliance with the Americans with Disabilities Act, 42 U.S.C. Sections 12101 to 12213, or similar federal or state standards regarding pedestrian access or movement.

4.

Materially obstruct or hinder the usual travel or public safety on the right-of-way.

5.

Materially obstruct the legal use of the right-of-way by the city utility, or other third party.

6.

Fail to comply with reasonable and nondiscriminatory spacing requirements of general application adopted by ordinance or regulations promulgated by the state highways and transportation commission that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location and shall include a waiver, zoning, or other process that addresses wireless provider requests for exception or variance and does not prohibit granting of such exceptions or variances.

7.

Fail to comply with applicable codes, including nationally recognized engineering standards for utility poles or wireless support structures.

8.

Fail to comply with the reasonably objective and documented aesthetics of a decorative pole and the applicant does not agree to pay to match the applicable decorative elements.

9.

Fail to comply with reasonable and nondiscriminatory undergrounding requirements contained in local ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such utility poles and do no prohibit the replacement or modification of existing utility poles consistent with this section or the provision of wireless services.

D.

The city shall document the complete basis for a denial in writing, and send the documentation to the applicant on or before the day the city denies an application. The applicant may cure the deficiencies identified by the city and resubmit the application within thirty (30) days of the denial without paying an additional application fee. The city shall approve or deny the revised application within thirty (30) days. Any subsequent review shall be limited to the deficiencies cited in the denial.

E.

An applicant seeking to co-locate small wireless facilities within city boundaries shall be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for the co-location of multiple small wireless facilities; provided, however, the denial of one (1) or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same batch. The following provisions shall apply to an application for the co-location of multiple small wireless facilities:

1.

An application may include up to twenty (20) separate small wireless facilities, provided that they are for the same or materially same design of small wireless facility being co-located on the same or materially the same type of utility pole or wireless support structure, and geographically proximate.

2.

If the city receives individual applications for approval of more than fifty (50) small wireless facilities or consolidated applications for approval of more than seventy-five (75) small wireless facilities within a fourteen (14) day period, whether from a single applicant or multiple applicants, the city may, upon its own request, obtain an automatic thirty (30) day extension for any additional co-location or replacement or installation application submitted during the fourteen (14) day period or in the fourteen (14) day period immediately following the prior fourteen (14) day period. The city shall promptly communicate its request to each and any affected applicant.

3.

In rendering a decision on an application for multiple small wireless facilities, the city may approve the application as to certain individual small wireless facilities while denying it as to others based on applicable requirements and standards, including those identified in this section. The city's denial of any individual small wireless facility or subset of small wireless facilities within an application shall not be a basis to deny the application as a whole.

F.

Installation or co-location for which a permit is granted under this section shall be completed within one (1) year after the permit issuance date unless the city and the applicant agree to extend this period, or the applicant notifies the city that the delay is caused by a lack of commercial power or communications transport facilities to the site. Approval of an application authorizes the applicant to:

1.

Undertake the installation or co-location.

2.

Operate and maintain the small wireless facilities and any associated utility pole covered by the permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as they are in compliance with the criteria set forth herein, unless the applicant and the city agree to an extension term of less than ten (10) years. The provisions of this paragraph shall be subject to the right of the city to require, upon adequate notice and at the facility owner's own expense, relocation of facilities as may be needed in the interest of public safety and convenience, and the applicant's right to terminate at any time.

G.

The city shall not institute, either expressly or de facto, a moratorium on filing, receiving, or processing applications or issuing permits or other approvals, if any, for the co-location of small wireless facilities on the installation, modification, or replacement of utility poles to support small wireless facilities. Notwithstanding the foregoing, the city may impose a temporary moratorium on applications for small wireless facilities and the co-location thereof for the duration of a federal or state-declared natural disaster plus a reasonable recovery period, or for no more than thirty (30) days in the event of a major and protracted staffing shortage that reduces the number of personnel necessary to receive, review, process, and approve or deny applications for the co-location of small wireless facilities by more than fifty (50) percent.

H.

Nothing in this section precludes the city from adopting reasonable rules with respect to the removal of abandoned small wireless facilities.

I.

In determining whether sufficient capacity exists to accommodate the attachment of a new small wireless facility, the city shall grant access subject to a reservation to reclaim such space, when and if needed, to meet the pole owner's core utility purpose or documented authority plan projected at the time of the application pursuant to a bona fide development plan, or if the state highways and transportation commission is the relevant authority and determines, in its sole discretion, that attachment of the small wireless facility will affect the safety of the public using the right-of-way.

J.

In emergency circumstances that result from a natural disaster or accident, the city may require the owner or operator of a wireless facility to immediately remove such facility if the wireless facility is obstructing traffic or causing a hazard on the city's roadway. In the event that the owner or operator of the wireless facility is unable to immediately remove the wireless facility, the city is authorized to remove the wireless facility from the roadway or other position that renders the wireless facility hazardous. Under these emergency circumstances, the city shall not be liable for any damage caused by removing the wireless facility and may charge the owner or operator of the wireless facility the city's reasonable expenses incurred in removing the wireless facility.

K.

The city shall not require an application for:

1.

Routine maintenance on previously permitted small wireless facilities.

2.

The replacement of small wireless facilities with small wireless facilities that are the same or smaller in size, weight, and height.

3.

The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between utility poles, in compliance with applicable codes.

4.

For work described in subsections K.1 and K.2, that involves different equipment than that being replaced, the city may require a description of such new equipment so that the city may maintain an accurate inventory of the small wireless facilities at that location.

L.

No approval for the installation, placement, maintenance, or operation of a small wireless facility under this section shall be construed to confer authorization for the provision of cable television service, or installation, placement, maintenance, or operation of a wireline backhaul facility or communications facility, other than a small wireless facility, in the right-of-way.

M.

Except as provided in RSMo 67.5110 to 67.5121, the city may not adopt or enforce any ordinances or requirements that require the holder of a franchise or video service authorization as defined under RSMo 67.2677, and that could be required to pay a video service provider fee to a franchise entity under RSMo 67.2689, to obtain additional authorization or to pay additional fees for the provision of communications service over such holder's communications facilities in the right-of-way.

N.

A municipal electric utility shall not require an application for the installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between utility poles, in compliance with applicable codes.

O.

The city may require an applicant that is not a wireless services provider to provide evidence of agreements or plans demonstrating that the small wireless facilities will be operational for use by a wireless services provider within one (1) year after the permit issuance date, unless the city and the applicant agree to extend this period or if delay is caused by lack of commercial power or communications transport facilities to the site and the applicant notifies the city thereof. The city may require an applicant that is a wireless services provider to provide the information required by this subdivision by attestation.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5118, Authority may exercise certain authority, limitations, and subject to the provisions of RSMo 67.5110 to 67.5121, and applicable federal law, the city shall continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries, including with respect to wireless support structures and utility poles, except that the city shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium, or athletic facility not owned or controlled by the city, other than to comply with applicable codes. Nothing in RSMo 67.5110 to 67.5121 authorizes the state or any political subdivision, including the city, to require wireless facility deployment or to regulate wireless services.

(Ord. No. 2020-4539, § 1, 9-3-20)

In accordance with RSMo 67.5122, Expiration date, exception, RSMo 67.5110 to 67.5121 shall expire on January 1, 2025, except that for small wireless facilities already permitted or co-located on poles prior to such date, the rate set forth in RSMo 67.5116 for co-location of small wireless facilities on poles shall remain effective for the duration of the permit authorizing the co-location.

(Ord. No. 2020-4539, § 1, 9-3-20)

All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC, and other state or federal agencies with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards and regulations within six (6) months of the effective date of the revision unless an earlier date is mandated by the controlling agency.

(Ord. No. 2020-4539, § 1, 9-3-20)

All antennas and support structures shall be protected from unauthorized access by appropriate security devices. A description of the proposed security measures shall be provided as part of any application to install, build, or modify antennas or support structures. No barbed wire shall be used on security fences. Additional measures may be required as a condition of the issuance of a conditional use permit by the city council upon recommendation of the planning commission.

(Ord. No. 2020-4539, § 1, 9-3-20)

Any antenna support structure, which is occupied by inactive antennas for a period of twelve (12) months shall be considered a nuisance and be removed at the owner's expense.

(Ord. No. 2020-4539, § 1, 9-3-20)

A.

Encouraging applicants to request construction of new wireless support structures on public lands and to increase local revenues is prohibited, however the following leasing requirements shall apply:

1.

The city may not charge a wireless service provider or wireless infrastructure provider any rental, license, or other fee to locate a wireless facility or wireless support structure on city-owned property in excess of the current market rates for rental or use of similarly situated property. If the applicant and the city do not agree on the applicable market rate for any such public land and cannot agree on a process by which to derive the applicable market rate for any such public land, then the market rate will be determined by a state-certified general real estate appraiser licensed under RSMo Ch. 339, mutually agreed upon by the parties at the applicant's cost. The appraisal process shall be concluded within ninety (90) calendar days from the date the applicant first tenders its proposed lease rate to the city. In the event either party is dissatisfied with the value determined by the appraiser, such party may bring an action for review in any court of competent jurisdiction. The court shall rule on any such petition for review in an expedited manner. Nothing in this paragraph shall bar an applicant and the city from agreeing to reasonable, periodic reviews and adjustments of current market rates during the term of a lease of contract to use the city's property.

2.

The city may not offer a lease or contract to use public lands to locate a wireless support structure on the city's property that is less than fifteen (15) years in duration unless the applicant agrees to accept a lease or contract of less than fifteen (15) years in duration.

B.

Notwithstanding RSMo 67.1830 to 67.1846, any pole attachment fees, terms, and conditions, including those related to the granting or denial of access, demanded by the city shall be nondiscriminatory, just, and reasonable and shall not be subject to any required franchise authority or government entity permitting, except as provided in this section. A pole attachment rental fee shall be calculated on an annual, per-pole basis. Such rental fee shall be considered nondiscriminatory, just, and reasonable if it is agreed upon by the parties or, in the absence of such an agreement, based on cost but in no such case shall such fee so calculated be greater than the fee which would apply if it were calculated in accordance with the cable service rate formula referenced in 47 U.S.C. Sec. 224(d) as applied by the Federal Communications Commission. In addition, a municipal pole owner may be authorized to exceed the rate of return cost components of the FCC formula referenced in this section if necessary to comply with Article X of the Missouri Constitution. In the event of a dispute between the parties, either party may bring an action for review in any court of competent jurisdiction. The court shall rule on any such petition for review in an expedited manner by moving the petition to the head of the docket consistent with subsection 2 of this section. Nothing shall deny any party the right to a hearing before the court.

C.

Where no pole attachment agreement exists between an attaching entity and the city, and a dispute between the city and an attaching entity exclusively concerns the per-pole fee or any requirement or issue not directly related to pole attachments consistent with this section or both, then the attaching entity may proceed with its attachments during the pendency of the dispute under the agreed-upon terms and conditions. The attaching entity shall comply with applicable and reasonable engineering, safety and reliability standards and shall hold the municipal pole owner or the city harmless for any liabilities or damages incurred that are caused by the attaching entity.

(Ord. No. 2020-4539, § 1, 9-3-20)

Appeals to the board of adjustment may be taken by any person or company aggrieved or by any office, department, or board of the city affected by any decision of the city planner, in accordance with section 25-9, Variances.

(Ord. No. 2020-4539, § 1, 9-3-20)