The purpose of this Chapter is to establish general guidelines for the site locating of wireless communications towers and antennas. The goals of this Chapter are to:

1. Protect residential areas and land uses from potential adverse impacts of towers and antennas.
2. Encourage the location of towers in non-residential areas.
3. Minimize the total number of towers throughout the community.
4. Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
5. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
6. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, locating, landscape screening, and innovative camouflaging techniques.
7. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
8. Consider the public health and safety of communication towers.
9. Avoid potential damage to adjacent properties from tower failure through engineering and careful site location of tower structures.

In furtherance of these goals, Midway City shall give due consideration to the Midway City General Plan, the Municipal Code, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

As used in this Chapter, the following terms shall have the meanings set forth below:

1. Stealth Tower Design. Man-made trees, clock towers, bell steeples, light poles and similar alternative design-mounting structures that camouflage or conceal the presence of antennas or towers.
   
   (2021-23, Subsection Amended, eff. 09/01/2021)
2. Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
3. Backhaul Network. The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.
4. Co-Location. The use by two or more wireless communications providers of the same support structure or the same site.
5. Existing Structure. Light poles, power poles, chimneys, billboards, and other similar structures which are placed within the City at the time of adoption of this Chapter, except existing buildings.
6. FAA. The Federal Aviation Administration.
7. FCC. The Federal Communications Commission.
8. Height. When referring to a tower or other structure, the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted development. If the structure is located in a platted development, the height shall be the vertical distance measured from the finished grade as shown on the development grading plans or finished grade as shown on the individual lot's grading plans (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the Planning Director shall rule as to height, and appeal from that decision shall be to the City Council.
9. Site. The physical location upon which wireless telecommunications facilities are located. Unless otherwise stated in this Chapter, "site" shall be limited to the area occupied by a single tower and its accompanying ground or roof-mounted equipment.
10. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, stealth tower design, and the like. The term also includes the structure any and support thereto.
    
    (2021-23, Subsection Amended, eff. 09/01/2021)
11. Wireless Communication. Any technology for transmitting communication through the air.
12. Wireless Communications Facility. Any combination of one or more antennae, towers and/or structures or equipment used for the transmission of wireless communication.

1. New Towers and Antennas. All new towers, equipment or antennas in the City of Midway shall be subject to these regulations.
2. Exceptions.
   1. Amateur Radio Station Operators and/or Receive-Only Operations. This Chapter shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is solely used by a federally licensed amateur radio station operator or is used exclusively for receive-only operations, including devices necessary for individual subscriptions to commercial wireless services.
   2. Pre-existing Towers or Antennas. Legally established pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this Chapter, other than the requirements of for non-conforming uses as outlined later in this Chapter.
   3. AM Array. For purposes of implementing this Chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

1. Principal or accessory use antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
2. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zoning district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the City an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Midway or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one-year build-out plan for all other proposed wireless communications facilities within the City. The City may share such information with other applicants applying for administrative approvals or special use permits under this Chapter or with other organizations seeking to locate antennas within the jurisdiction of City of Midway, provided, however that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
4. Aesthetics towers and antennas shall meet the following requirements:
   1. All wireless telecommunication towers shall be constructed using stealth tower design.
   2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
   3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.
   4. All towers shall be self-supporting. Guyed and lattice towers are not allowed.
   (2021-23, Subsection Replaced, eff. 09/01/2021)
5. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views; provided, however, that the City Council may waive such requirements, as it deems appropriate.
6. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
7. Building Codes and Safety Standards. To insure the structural integrity of towers, the owner of a tower shall insure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and by the Telecommunications Industries Association (TIA), as amended from time to time. If, upon inspection, the City of Midway concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
8. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Midway, irrespective of municipal and county jurisdictional boundaries.
9. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this Chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
10. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Midway have been obtained and shall file a copy of all required franchises with the City.
11. Public Notice. For purposes of this Chapter, any special use request shall be pursuant to notification requirements outlined in Title 16, except that the notice required shall include posting of the property and mailing to all property owners within 1,000 feet of the proposed use, and publication in a newspaper of general circulation, regardless of any expression to the contrary to said notification requirements.
12. Signs. No signs shall be allowed on an antenna, on a tower, or on any portion of the premises leased for wireless telecommunication use.
13. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this Chapter.
14. Co-Location and Multiple Antenna/Tower Plan. The City of Midway encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process.
15. Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and no more than eight feet in height and shall be constructed of block or masonry, and shall be equipped with an appropriate anti-climbing device; provided, however, that the City Council may waive such requirements as it deems appropriate.
16. Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the City Council may waive such requirements if the goals of this Chapter would be better served thereby.
    1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
    2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
    3. Existing mature plant growth and other natural features on the site shall be preserved to the maximum extent possible.

1. General. The uses listed in this Section are deemed to be permitted uses and shall not require a special use permit.
2. Permitted Uses. The following uses are specifically permitted:
   1. Antennas or towers located on property owned, leased, or otherwise controlled by the City of Midway; provided, however, a license or lease authorizing such antenna or tower has been approved by the Midway City Council. No such license or lease shall be issued for a tower located within 300 feet of any residentially zoned property until an informational hearing has been held at a regular or special City Council meeting and notice of such hearing has been advertised, as outlined in Title 16, at least 7 days but not earlier than 14 days prior to such hearing. The maximum height of freestanding towers or antennas shall not exceed 40 feet in height without a special use permit, and that roof-mounted antennas shall not extend more than ten feet above the tallest point on such roof, and in no case shall the total combined height of the building and the roof-mounted antenna exceed 50 feet in height without a special use permit.
   2. Antennas or towers located in any Industrial or Manufacturing Zoning District; provided, however, that freestanding towers or antennas shall not exceed 40 feet in height without a special use permit, and that roof-mounted antennas shall not extend more than 10 feet above the tallest point on such roof, and in no case shall the total combined height of the building and the roof-mounted antenna exceed 50 feet in height without a special use permit.

1. General. There is hereby created for this section only a special use permit for wireless towers and antennas which may be granted by the City Council as follows:
   1. If the tower or antenna is not a permitted use, as outlined in the permitted uses section of this Chapter, a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. The primary height of any tower within the City shall be 60 feet from natural grade. The City Council may approve a variance to increase this height if the applicant can show that a higher tower is unquestionably necessary for the operation of the equipment and that no other alternative is available. The maximum height of any such tower shall be 80 feet from natural grade.
   2. Applications for special use permits under this Section shall require a public hearing before the City Council and be subject to the procedures and requirements regarding public participation and public hearing notification, as outlined in Title 16.
   3. In granting a special use permit, the City Council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
   4. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a professional engineer, licensed to practice in the State of Utah.
   5. An applicant for a special use permit shall submit the information described in this section and a non-refundable fee established pursuant to a Resolution of the City Council.
   6. A special use permit issued under this Section shall be conditioned upon written verification by the City Engineer or designee that such tower structure is structurally sound. Such verification shall be received by the applicant prior to submission and shall be reviewed annually.
2. Towers.
   1. Information Required. In addition to any information required for applications for special use permits pursuant to the Municipal Code, applicants for a special use permit for a tower shall submit the following information:
      1. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), General Plan classification of the site and all properties within the applicable separation distances set forth in this Chapter, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, and other information deemed by the City to be necessary to assess compliance with this article.
      2. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
      3. The separation distance from other towers described in the inventory of existing sites submitted pursuant to this Chapter, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
      4. Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
      5. A description of compliance with the requirements outlined in this Title and all applicable federal, state or local laws.
      6. A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
      7. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant within Midway City.
      8. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
      9. Description of the feasible alternative locations of future towers or antennas within the City of Midway based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.
      10. A statement of compliance with Federal Communications Commission (FCC) Radio Frequency (RF) exposure standards.
   2. Noise. No permit shall be issued for any facility which generates a noise level greater than fifty decibels (50 db), as measured at the edge of the property upon which such facility is sited.
   3. Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of applications, the City Council shall consider the following factors in determining whether to issue a special use permit, although the City Council may waive or reduce the burden on the applicant of one or more of these criteria if the City Council concludes that the goals of this Chapter are better served thereby:
      1. Height of the proposed tower.
      2. Proximity of the tower to residential structures and residentially zoned district boundaries.
      3. Nature of uses on adjacent and nearby properties.
      4. Surrounding topography.
      5. Surrounding tree coverage and vegetation.
      6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
      7. Proposed ingress and egress.
      8. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this Chapter.
   4. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the City Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
      1. No existing towers or structures are located within the geographic area, which meet the applicant's engineering requirements.
      2. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
      3. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
      4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
      5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
      6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
      7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable.

1. Setbacks. The following setback requirements shall apply to all towers and antennas; provided, however, that the City Council may reduce the standard setback requirements if the goals of this Chapter would be better served thereby.
   1. Towers must be set back a distance equal to at least 100 percent of the height of the tower from any adjoining lot line; provided, however, that separation distances from residential uses shall be in accordance with Table 16.22.070-1, set forth below.
   2. Accessory buildings must satisfy the minimum zoning district setback requirements.
2. Separation. The following separation requirements shall apply to all towers and antennas; provided, however, that the City Council may reduce the standard separation requirements if the goals of this Chapter would be better served thereby.
   1. Separation from Off-Site Uses/Designated Areas.
      1. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 16.22.070-1, except as otherwise provided in Table 16.22.070-1.
      2. Separation requirements for towers shall comply with the minimum standards established in Table 16.22.070-1.
      Table 16.22.070-1.
      Separation Requirements from Off-Site Uses/Areas
      
      

      Off-site Use/Designated Area	Separation Distance
      Single-family or duplex of tower residential units (see footnote 1)	200 feet or 300% of tower height, whichever is greater
      Vacant single-family or duplex residentially zoned land which is either platted or has preliminary plat approval which has not expired	200 feet or 300% of tower height, whichever is greater (see footnote 2)
      Vacant, unplatted residentially zoned lands	100 feet or 100% of tower height, whichever is greater
      Existing multi-family residential units greater than duplexes	100 feet or 100% of tower height, whichever is greater
      Non-residentially zoned lands or non-residential uses	None, only setbacks apply

      1 Includes, manufactured, mobile, and modular homes used for living purposes.
      2 Separation measured from base of tower to closest building setback line.
   2. Separation Distances Between Towers.
      1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 16.22.070-2.
      2. Exception. The minimum separation requirements of this Chapter shall not apply to towers which are allowed by the City Council to be co-located on a single site.
         
      Table 16.22.070-2.
      Minimum Separation Distances between Towers Monopole
      
      

      	Monopole 65 ft. or greater in height	Monopole less than 65 ft. but greater than 40 ft. in height	Monopole less than 40 ft. in height
      65 ft. or greater	2,000 feet	1,500 feet	1,000 feet
      Less than 65 ft. but greater than 40 ft.	1,500 feet	1,500 feet	1,000 feet
      Less than 40 ft.	1,000 feet	1,000 feet	750 feet

      
      

1. The equipment cabinet or structure used in association with antennas shall comply with the following:
   1. The cabinet or structure shall not contain more than 120 square feet of gross floor area or be more than eight feet in height and shall be located on the ground.
   2. Equipment storage buildings or cabinets shall comply with all applicable building codes.
2. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
   1. In residential zoning districts, the equipment cabinet or structure may be located:
      1. In a required front yard or required street side yard, provided the cabinet structure is no greater than 3 1/2 feet in height or 20 square feet of gross floor area and the cabinet/structure is located a minimum of three feet from all lot lines. The cabinet/structure shall be screened by sight-obscuring landscaping which obscures at least 95 percent of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed 42 inches.
      2. In a required rear yard, provided the cabinet or structure is no greater than five feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by sight-obscuring landscaping which obscures at least 95 percent of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of 6 feet.
      3. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure.
   2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than 14 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by sight-obscuring landscaping with an ultimate height of 16 feet and a planted height of at least 6 feet. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. Such access way shall not face residentially zoned property.
3. Modification of Building Size Refinements. The requirements of this Section may be modified by the City Council in the case of uses permitted by special use to encourage co-location.

1. Required. Any new tower constructed in connection with an application under this Chapter shall be suitable for co-location. The applicant shall accept for co-location an FCC-licensed wireless communication provider (hereinafter "additional user") using any compatible technology on commercially reasonable terms. Any additional user seeking co-location shall submit specifications for its equipment and use to the applicant and the applicant shall, within 30 days from receipt, respond to the additional user, in writing, furnishing all technical requirements, which must be resolved before co-location.
2. Good Faith. Applicants, additional users and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site. For the purposes of this Chapter only, a "site" may accommodate more than one tower and its accompanying equipment; provided, however, that no "site" shall exceed ten acres. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith.
3. Third Party Technical Review. In the event a dispute arises as to whether an applicant or permittee has exercised good faith in accommodating other users, the City may require the applicant or additional user to obtain a third party technical study at the applicant's or additional user's expense. The City may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.
4. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions. The City Council may, upon a determination that the City's citizens would be better served, waive any portion of the requirements of this subsection.
5. Violations; Penalty. Failure to comply with co-location requirements may result in denial of a permit request or revocation of an existing permit.

Any antenna or tower that is not operated for a continuous period of 90 days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City of Midway notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90-day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period.

1. Not Expansion of Nonconforming Use Towers that are constructed, and antennas that are installed in accordance with the provisions of this Chapter, shall not be deemed to constitute the expansion of a nonconforming use or structure.
2. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
3. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this Chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements specified in this Chapter. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a monopole structure only. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 90 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in this Chapter.

This section of the Midway City Code applies to Small Wireless Facilities in the City’s public right-of-way. This section will regulate the installation, construction, operation, co-location, modification, maintenance and removal of Small Wireless Facilities in the City’s right-of-way, balancing the benefit of wireless services with other established goals, objectives and values of the City, while promoting and protecting the public health, safety, and welfare of the citizens of Midway City and the general public.

(2019-07, Section Added, eff. 9/3/2019)

This section of the Midway City Code applies to Small Wireless Facilities in the City’s public right-of-way. This section will regulate the installation, construction, operation, co-location, modification, maintenance and removal of Small Wireless Facilities in the City’s right-of-way, balancing the benefit of wireless services with other established goals, objectives and values of the City, while promoting and protecting the public health, safety, and welfare of the citizens of Midway City and the general public.

(2019-07, Section Added, eff. 9/3/2019)

All references to Small Wireless Facilities in this Chapter shall refer only to Small Wireless Facilities in the Right-of-Way. No person shall install, construct, modify, or otherwise place any Small Wireless Facility within the public Right-of-Way in violation of the provisions of this Chapter. In the interest of the health, safety and welfare of the City, its citizens, and the general public, no Small Wireless Facilities shall be co-located on any traffic or directional poles within the City. The definitions used in this Chapter only apply to this Chapter.

(2019-07, Section Added, eff. 9/3/2019)

Antenna. Communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service.

Applicant. A wireless provider who submits and application.

Application. A request submitted by a wireless provider to the City for a permit to collocate a Small Wireless Facility in the Right-of-Way or install, modify, or replace a Utility Pole or Wireless Support Structure.

Authority Pole. A Utility Pole owned, managed, or operated by, or on behalf of the City.

Co-Locate. To install, mount, maintain, modify, operate, or replace a Small Wireless Facility on a Wireless Support Structure or Utility Pole, or, ground-mounted equipment, adjacent to a Wireless Support Structure or Utility Pole.

Decorative Pole. An Authority Pole that is specially designed and placed for an aesthetic purpose and on which attachments are prohibited (other than Small Wireless Facilities, informal or directional signs, or temporary holiday or special event attachments.)

Design District. An area that is zoned or otherwise designated by the City as an area of historic or other significance for which the City maintains and enforces unique design and standards. Those areas designated as Design Districts include Midway City Main Street, and other areas so designated by this ordinance.

Directional Pole. A street sign, traffic control sign or other pole giving directions to vehicular or other traffic that is 1) owned by the City; and 2) upon which Small Wireless Facilities could be physically attached or mounted.

Gross Revenue. Means the same as gross receipts from telecommunications services as defined in Utah Code Ann. § 10-1-402.

Historic District. A group of buildings, properties, or sites that are listed in the National Historic Register of Historic Places, formally determined eligible for listing in the National Register of Historic Places by the Keeper of the National Register, or in an historic district or area created under Utah Code Ann. § 10-9a-503.

Small Cell Wireless Franchise Agreement. An agreement between a provider and the City that sets forth general terms and conditions pursuant to which the provider may install and operate Small Wireless Facilities in the Right-of-Way.

Micro Wireless Facility. A type of Small Wireless Facility that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, on which any exterior antenna is no longer than 11 inches and only provides wireless service.

Permit. Written authorization required by the City and issued under this Chapter for construction, excavation or other work in, or obstruction of, the public Right-of-Way allowing a wireless provider to perform an action or initiate, continue, or complete a project, subject to the terms of this Chapter and a Small Cell Wireless Franchise Agreement.

Right-Of-Way. Includes the areas on, below or above all public highways, roadways, streets, roads, sidewalks, alleys, dedicated Rights-of-Way, owned by or dedicated for public use or dedicated to the City. It does not include utility or other easements not located within the above described areas.

Small Wireless Facility. A wireless facility on which each wireless provider’s antenna could fit within an enclosure of no more than six cubic feet in volume, and for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, vertical cable run for the connection of power or other service, wireless provider antenna, or coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. If more than one Small Wireless Facility is collocated on a structure, the facilities together shall collectively not exceed the total size dimensions described herein. This term shall be referred to in this ordinance as “SWF."

Substantial Modification. A proposed modification or replacement to an existing Wireless Support Structure that will substantially change the physical dimensions of the wireless support structure under the substantial change standard established in 47 C.F.R. Sec. 1.40001(7) or a proposed modification in excess of the site dimensions specified in 47 C.F.R. Part 1, Appendix C, Sec. III.B.

Utility Pole. A pole or similar structure that is in the Right-of-Way and is or may be used for: wireline communications, electric distribution, lighting, or the collocation of a Small Wireless Facility. Utility Pole does not include traffic control signs, street signs, a Wireless Support Structure, a structure that supports electric transmission lines, or electric power poles owned by the City.

Wireless Facility. Equipment at a fixed location that enables wireless communication between user equipment and a communications network, including equipment associated with wireless communications regardless of the technological configuration, a radio transceiver, and antenna, a coaxial or fiber-optic cable, a regular or back up power supply, or comparable equipment. A Wireless Facility does not include the structure or an improvement on, under, or within which the equipment is collocated; or a coaxial or fiber-optic cable that is: (i) between wireless structures or utility poles; (ii) not immediately adjacent to or directly associated with a particular antenna; or (iii) a wireline backhaul facility.

Wireless Provider. A wireless infrastructure provider or wireless service provider.

Wireless Service. Any service using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public using a wireless facility. “Wireless Service” includes the use of Wi-Fi.

Wireless Support Structure. An existing or proposed structure that is in the Right-of-Way and designed to support or capable of supporting a wireless facility, including a monopole, tower, either guyed or self-supporting, billboard or building. A Wireless Support Structure does not include: a structure designed solely for the collocation of a Small Wireless Facility, utility pole, City owned structure that supports electric lines used for the provision of municipality electric service, or structure owned by the City that uses electric lines that are used for the provision of electrical service.

(2019-07, Section Added, eff. 9/3/2019)

In addition to the requirements set forth in this Chapter, the City may adopt orders, rules and regulations, forms and policies which are reasonably necessary to accomplish the purposes of and are consistent with this Chapter.

(2019-07, Section Added, eff. 9/3/2019)

1. A Wireless Provider may not install, repair, maintain, remove and/or replace Wireless Facilities in the Right-of-Way without first entering into a Small Cell Wireless Franchise Agreement with the City.
2. The City is empowered and authorized to grant nonexclusive Small Cell Wireless Franchise Agreements on a nondiscriminatory basis, governing the installation, operation, use and maintenance of Wireless Facilities in the City’s Rights-of-Way that are consistent with the provisions of this Chapter.
3. The City may negotiate additional or different terms with the different Wireless Providers, in the exercise of City’s reasonable discretion and pursuant to the City’s police powers and proprietary rights in the Right-of-Way.
4. The City shall grant a Small Cell Wireless Franchise Agreement to a Wireless Provider pursuant to ordinance authorizing the negotiation and execution of a Small Cell Wireless Franchise Agreement. Acceptance of the Franchise Agreement shall occur by the Wireless Provider executing the authorized Small Cell Wireless Franchise Agreement within thirty (30) days of recordation of the authorizing ordinance for that Agreement. Any amendment or extension thereof will also require City Council approval.
5. The term of a Small Cell Wireless Franchise Agreement may be renewed if the Wireless Provider is in compliance with the Small Cell Wireless Franchise Agreement and all applicable laws, rules, and regulations, including this Chapter. At the expiration of the term of the Small Cell Wireless Franchise Agreement, the Wireless Provider shall remove its Wireless Facilities from the Right-of-Way.
6. If a Wireless Provider has telecommunications systems that may be used for multiple purposes, such as a wireline backhaul facility or video services system, then such provider shall obtain a franchise or other relevant agreement from the City for each permitted purpose.
7. Before offering or providing any Wireless Services pursuant to the Franchise Agreement, a Wireless Provider shall obtain all other regulatory approvals, permits, authorizations or licenses for the offering or providing of such services from the Federal, State, and local authorities, if required, and shall submit to the City evidence of the same. If such regulatory approvals, permits, authorizations or licenses cannot be obtained until after a permit is issued from the City, Provider shall inform the City in writing and such regulatory approvals, permits, authorizations or licenses may be waived until after issuance of the permit from the City. If any such approval, permit, authorization or license is waived, Provider shall still be required to provide proof of regulatory approvals, permits, authorizations, or licenses after a permit is issued by the City.
8. The grant of a Small Cell Wireless Franchise Agreement does not excuse the Wireless Provider from obtaining (i) any permit or other authorization required to engage in or carry on any business within the City as required by the laws, rules and regulations of the City, (ii) any other permit, agreement or authorization required in connection with the use of property or facilities owned by third parties, or (iii) any other permit or authorization required in connection with excavating or performing other work in or along the Right-of-Way.
9. Any Wireless Provider acting without a valid Franchise Agreement on the effective date of the ordinance codified in this Chapter shall request the issuance of a Small Cell Wireless Franchise Agreement from the City within ninety (90) days of the effective date of this Ordinance. If such a request is made, the Wireless Provider may continue to provide services during the course of the negotiations. If a timely request is not made, or if a Small Cell Wireless Franchise Agreement is not granted, the Wireless Provider shall remove its equipment from the Right-of-Way within thirty (30) days' notice from the City.
10. A Small Cell Wireless Franchise Agreement shall not convey title, equitable or legal, in the Right-of-Way. A Small Cell Wireless Franchise Agreement is the right to non-exclusively occupy the Right-of-Way for the limited purposes and time period state in the agreement.
11. A Small Cell Wireless Franchise Agreement granted pursuant to this Chapter shall contain appropriate provisions for enforcement, compensation, and protection of the public, consisted with the other provisions of this Chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, and rights of termination or revocation.
12. In the event a Wireless Provider continues to operate all or any of its Wireless Facilities after the terms of the Small Cell Wireless Franchise Agreement have expired, such Wireless Provider shall continue to comply with all applicable provisions of this Chapter and the Small Cell Wireless Franchise Agreement, including, without limitation, all compensation provisions; provided, that any such continued operations shall in no way be construed as a renewal or other extension of the Small Cell Wireless Franchise Agreement, nor as a limitation on the remedies available to the City as a result of such continued operation after the term, including, but not limited to, damages and restitution.

(2019-07, Section Added, eff. 9/3/2019)

1. Subject to the provisions of this Chapter and the issuance of a permit, a Wireless Provider may:
   1. Co-locate a Small Wireless Facility.
   2. Install, operate, modify, maintain or replace:
      1. A Utility Pole associated with the Wireless Provider’s collection of Small Wireless Facilities;
      2. Equipment required for a Wireless Provider’s Co-location of Small Wireless Facilities; or
      3. An Authority Pole with the Wireless Provider’s collection of Small Wireless Facilities.
   3. Except, an Applicant may not install a new Utility Pole in a Right-of-Way without the City’s discretionary, nondiscriminatory, and written consent, if the Right-of-Way is adjacent to a street or thoroughfare that is:
      1. Not more than sixty (60) feet wide, as depicted in the official plat records;
      2. Adjacent to single-family residential lots, other multifamily residential lots, other multifamily residences or undeveloped land that is designated for residential use by master plan, zoning or deed restrictions.
2. Small Wireless Facilities and new, modified and replacement Utility Poles, Authority Poles and Wireless Support Structures in the Right-of-Way shall be allowed in any zoning district after staff review and approval in accordance with the standards set forth in this Chapter.
3. A Small Wireless Facility, Utility Pole, or Authority Pole, may not:
   1. Obstruct or hinder the usual travel or public safety on a Right-of-Way;
   2. Obstruct, damage or interfere with another utility facility in a Right-of-Way or a utility’s use of the utility’s facility in a Right-of-Way or the clear view area of any public or private driveway or drive approach.

(2019-07, Section Added, eff. 9/3/2019)

Standards for SWF’s are as follows:

1. General Standards.
   1. Architectural Integration. All SWFs shall be architecturally integrated into the Wireless Support Structure and shall be installed in a manner that prioritizes and minimizes the visual impact. Placement of support equipment shall be placed at the base of the pole, buried beside the pole, or covered with a bench. Small Wireless Facilities should not be readily noticed. Exposed cabling is prohibited, except for Co-locations on existing structures where internal cable routing is not feasible (e.g., on a wooden pole). To the extent reasonably feasible from an engineering, construction and design perspective, the Application shall consider the surrounding colors, materials, and architectural features to ensure that the design of the new SWF is compatible with the surrounding area and the goals of the City.
   2. Co-Location and Application for New Monopoles. The City encourages the installation of new SWFs in the public rights-of-way be accomplished by co-location with existing utility poles. Co-location is required whenever an existing pole is located within three hundred feet (300’) of the proposed installation location. Where new monopoles are necessary, the City strongly encourages designs which facilitate the co-location of future, additional SWFs.
   3. Installation at Street Corners and Intersections. SWFs shall, where feasible, be located at the corner of street intersections.
   4. New Poles Constructed of Metal. New monopoles and replacement utility poles proposed to be constructed for SWFs under the provisions of this chapter shall be constructed of metal or other structurally similar material which can be painted or finished to appear to be metal. No new wood poles shall be installed or constructed to act as wireless support structures.
   5. Spacing. All new monopoles shall be spaced from another monopole a distance of not less than the standard street light spacing for the area, as outlined in the City Standards and Specifications.
   6. Concealment. All SWFs shall be concealed and match the color and design of the structure to which it is attached.
   7. Obstruction of Other Facilities. An SWF allowed under this chapter may not obstruct or hinder travel and public safety in the public rights-of-way or damage, obstruct or interfere with the facilities of another utility or another utility's use in the public rights-of-way.
   8. Construction and maintenance of an SWF by the wireless provider shall comply with all legal obligations for the protection of underground and overhead utility facilities.
   9. Decorative Poles. If necessary to Co-locate a Small Wireless Facility, a Wireless Provider may replace a Decorative Pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced Decorative Pole, and is approved by the City. This includes all decorative poles within Design Districts, as well as within planned unit developments, resorts, or other communities that have matching decorative poles.
   10. Damage and Repair. If a wireless provider's activities of installation or maintenance to an SWF causes damage to a public right-of-way, the wireless provider shall repair the public right-of-way to the prior condition. The City shall notify the wireless provider of the need for repairs in writing.
       1. If a wireless provider fails to make a repair required by the City under this section within a reasonable time after written notice, the City may make the repairs or cause the repairs to be made and charge the wireless provider for the cost of the repairs.
       2. If the damage described in this subsection causes an urgent safety hazard, the City may make the necessary repairs without notification or time period for response from the wireless provider and may charge the wireless provider for the cost of the repairs.
   11. Height of Attached Equipment. SWF equipment on new monopoles, and replacement and existing utility poles, shall be placed higher than eight feet (8') above ground level.
   12. Undergrounding. All supporting equipment shall be placed underground and within the park strip of the public right of way.
   13. Grounding Rods and Pull Boxes. The grounding rod may not extend above the top of a sidewalk and must be placed in a pull box. The ground wire between a pole and ground rod must be inside an underground conduit. All pull boxes must be vehicle load bearing and comply with any applicable Utah Department of Transportation standards. A concrete apron must be installed around all pull boxes not located in the sidewalk. No new pull boxes may be located in pedestrian ramps or sidewalks.
   14. Wiring. No exposed wiring is permitted. Above the electric meter and disconnect switch, all wiring shall be located inside the pole or covered by conduit.
   15. Additional Clearance Requirements. Wireless provider shall comply with the National Electric Safety Code regarding clearances from existing power lines, and shall adhere to a twenty five percent (25%) adder to the existing clearance table.
   16. Noise. Noise generated by SWF’s shall not exceed levels permitted by the City or the Wasatch County Health Department.
   17. Relocation. In accordance with § 54-21-603 of the Utah Code, the City may require a provider to relocate or adjust an SWF in a public right-of-way in a timely manner and without cost to the City.
2. Design District. For purposes of SWFs, the design district is comprised of all Residential, Commercial, and Mixed Use Zones.
3. Design Standards. The following design standards shall apply to all SWFs located within the Design District.
   1. SWF and supporting equipment may be integrated into street furnishings when undergrounding of equipment may not be feasible or in lieu of a new pole. Furnishings may include, but are not limited to, benches, trashcans, etc., but shall require design approval before installation.
   2. Integrated Design Consideration Required. SWFs shall be integrated harmoniously into the wireless support structure and generally shall be installed in a manner minimizing or eliminating the visual impact. Such SWFs should not be readily noticed. To the maximum extent possible, the application shall consider the surrounding colors, materials, and architectural features to ensure that the design of the new facility is in harmony with the surrounding area. These treatments shall apply to all new equipment, extensions of height to accommodate equipment, and to new monopoles.
   3. Height And Dimension Of New Monopoles And Replacement Utility Poles. Where allowed by this section, the height of new monopoles and replacement utility poles and the antenna they support in the public rights-of-way shall not exceed twenty feet (20') above ground level along local streets, and twenty five feet (25') above ground level on major and minor collector streets and major and minor arterial streets as identified by the City in the Transportation Master Plan. New monopoles and replacement utility poles for SWFs under this section shall not be greater than two feet (2') in diameter. The two foot diameter base of the monopole or replacement utility pole may not extend more than five feet (5’) above the surface of the ground before tapering to a smaller diameter. The antenna of an SWF may not extend more than ten feet (10') above the top of a utility pole existing on or before September 1, 2018.
   4. Power Supply. Power to the equipment for SWFs in the right-of-way must come through the base of the pole or infrastructure acting as the wireless support structure. Installation shall be accomplished in a manner that reduces visibility to the maximum extent possible.
4. Third Party Utility Standards. Any SWF attached to a third party utility pole shall be mounted in accordance with the standards of the third party utility and the requirements of this Ordinance, with the exception that all supporting equipment shall be placed underground. In the event that a third party utility has standards that are less stringent than the City Standards, or does not have a standard for SWFs, the City Standards shall apply.

(2019-07, Section Added, eff. 9/3/2019)

1. Insuring and Bonding. A Wireless Provider will be responsible for carrying and maintaining insurance and bonds as may be required in the Small Cell Wireless Franchise Agreement and in connection with obtaining a permit.
2. Indemnity. A Wireless Provider shall indemnify, save harmless, and defend City, its officers, agents and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys’ fees, arising out of or in connection with such Provider’s Wireless Facilities or use of the Right-of-Way, unless and to the extent caused by the City’s negligence.
3. Electrical Service. A Wireless Provider will be solely responsible for establishing electrical power services for and to each of its Wireless Facilities and for the payment of all electrical utility charges to the City.
4. Inspections. All Wireless Facilities and Wireless Provider-owned structures shall be maintained by the Wireless Provider in a clean and good condition, free of graffiti, and free of rust, excessive dirt, and peeling paint. The City shall have the authority to conduct inspections of the Wireless Facilities and Structures at any time to determine whether such Facilities and structures comply with the requirements of this Chapter. The City shall notify Provider in writing of any failed inspections and provide thirty (30) days to Provider to remedy to any failed inspection. If Provider fails to remedy and failed inspection, the City may remedy any defect and Provider shall pay to City the actual costs incurred by the City along with any administrative penalties set forth by the City.
5. Compliance with Law. All Small Wireless Facilities must at all times comply with all applicable Federal, State, and local building codes and safety codes and regulations. All Small Wireless Facilities and structures shall be constructed and installed to manufacturer’s specifications.
6. Hazardous Materials. Provider shall not possess, use, generate, release, discharge, store, dispose of, or transport any hazardous materials on, under, in, above, to, or from any Right-ow-Way except in compliance with all applicable environmental laws and as pre-approved by City. Wireless Provider shall promptly reimburse the City for any fines or penalties levied against City because of Wireless Provider’s failure to comply with environmental laws.
7. Provider shall follow all City ordinances, policies and resolutions regarding insurance, bonding, and any other requirement applicable to other entities utilizing the Right-of-Way.
8. Additional Requirements. Wireless Facilities will be subject to any additional requirements set forth in the applicable Master Licensing Agreement and Permit.

(2019-07, Section Added, eff. 9/3/2019)

1. All Applicants shall be required to obtain a permit to co-locate an SWF in a Right-of-Way or to install a new, modified, or replacement Utility Pole, Authority Pole or Wireless Support Structure associated with an SWF in a Right-of-Way.
2. City staff is authorized and empowered to create any necessary forms, rules, regulations and requirements consistent with this Chapter that are necessary to assist the City in the permitting, application and review process.
3. All Applications shall contain the following:
   1. Application form signed by the Applicant or authorized representative;
   2. Zoning and construction drawings;
   3. Application fee;
   4. An industry-standard pole load analysis indicating that the structures on which the Wireless Facilities will be mounted will safely support the load. If a Small Wireless Facility cannot be safely installed on the respective structure, Applicant shall either replace the structure with a compliant structure of the same type or propose a new location.
   5. A photograph of each proposed location showing the condition of the location before construction and installation;
   6. Proof or evidence of insurance as required by applicable City Ordinance or the Small Cell Wireless Franchise Agreement or any other agreement with the City; and
   7. An affidavit that the installation or Co-location of the Small Wireless Facility shall be completed within two-hundred seventy (270) days after the day on which the City issues the permit.
4. Application Fees. The application fee for any SWF shall be as set by the State of Utah in accordance with applicable statutes. Application fees are non-refundable, whether the permit is granted or not.
5. Procedure for Review of Applications.
   1. Within thirty (30) days of the receipt of an Application for review of the Co-location of an SWF or new, modified or replacement Utility Pole or Authority Pole, the City shall determine whether the Application is complete and notify the Applicant in writing.
   2. If the City determines that the Application is incomplete, the City shall specifically identify the missing information in the written notification. The processing deadline shall be tolled from the day on which the City sends the Applicant the written notice to the day on which the City receives the Applicant’s missing information or for a mutually agreeable period of time as identified in a written agreement between the Applicant and the City.
   3. Expiration of Application. An Application for a Small Wireless Facility expires if the City notifies the Wireless Provider that the Wireless Provider’s Application is incomplete, in accordance with subsection 2 and the Wireless Provider fails to respond within ninety (90) days after the day on which the City notifies the Wireless Provider.
6. Decision. The City shall approve or deny an Application for the Collocation of a Small Wireless Facility, within sixty (60) days after the day on which the City receives the complete Application and for a new, modified, or replacement Utility Pole, within one hundred five (105) days after the day on which the City receives the complete Application. If the City fails to approve or deny the Application within the applicable time period the Application is deemed approved.
7. Denial of Application.
   1. The City may deny an Application to Collocate a Small Wireless Facility or to install, modify, or replace a Utility Pole, only if the action requested in the Application:
      1. materially interferes with the safe operation of traffic control equipment;
      2. materially interferes with a sight line or a clear view area for transportation or pedestrians;
      3. materially interferes with compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq., or a similar Federal or State standard regarding pedestrian access or movement;
      4. fails to comply with the requirements set forth in this Chapter;
      5. creates a public health or safety hazard;
      6. obstructs or hinders the usual travel or public safety of the Right-of-Way; or
      7. does not meet the aesthetic or design standards of the City, or the requirements of this Chapter.
8. If the City denies an Application, the City shall document the basis for the denial, including any specific law on which the denial is based and send written notification informing the Applicant of the denial, including the basis for the denial.
9. Resubmission of Application. Within thirty (30) days after the day on which the City denies an Application, the Applicant may, without paying an additional application fee, cure any deficiency the City identifies in the Applicant’s Application and resubmit the Application. The City shall approve or deny a revised Application within thirty (30) days after the day on which the City receives the revised Application.
   1. Review of a revised Application is limited to the deficiencies documented as the basis for denial unless the Applicant has changed other portions of the Application.
10. Consolidated Applications. If an Applicant seeks to Collocate multiple Small Wireless Facilities within the City, the City shall allow the Applicant, at the Applicant’s discretion, to file a consolidated Application for the Collocation of up to ten (10) Small Wireless Facilities, if all of the Small Wireless Facilities in the consolidated Application are substantially the same type and prosed for Collocation on substantially the same types of structures. Similarly, the City shall allow the Applicant, at the Applicant’s discretion, to file a consolidated Application to install, modify, or replace up to five (5) Utility Poles within the City, as long as the Utility Poles and Small Wireless Facilities proposed to be placed thereon are substantially similar in nature.
    1. A consolidated Application may not combine Applications for Collocation of Small Wireless Facilities on existing Utility Poles with Applications for the installation, modification, or replacement of a Utility Pole.
    2. If the City denies the Application for one or more Utility Poles, or one or more Small Wireless Facilities, in a consolidated Application, the City may not use the denial as a basis to delay the Application process of any other Utility Pole or Small Wireless Facility in the same consolidated Application.
    3. An Applicant may not file within a thirty (30) day period more than one consolidated Application or multiple Applications that collectively seek permits for a combined total of more than fifteen (15) Small Wireless Facilities and Utility Poles.
11. Exceptions to Permitting. Except as otherwise provided herein or in a Small Cell Wireless Franchise Agreement, Applications for Permits are not required for routine maintenance of the Small Wireless Facility or support structures for the Small Wireless Facility unless it interferes with pedestrian or vehicular traffic, or affects the health, safety or welfare of the City or its residents.

(2019-07, Section Added, eff. 9/3/2019)

If a Wireless Provider’s activities in the Right-of-Way causes damage to a pole or the Right-of-Way, the Wireless Provider shall repair the pole or Right-of-Way to substantially the same condition as before the damage. If a Wireless Provider fails to make a repair required by the City within a reasonable time after written notice, the City may make the required repair; and charge the Wireless Provider the reasonable, documented, actual cost for the repair. If the damage causes an urgent safety hazard, the City may immediately make the necessary repair and charge the Wireless Provider the reasonable, documented cost for the repair.

(2019-07, Section Added, eff. 9/3/2019)

1. Enforcement. The City is responsible for enforcing and administering this Chapter. The City or its designee is authorized to give any notice required by law or under any Small Cell Wireless Franchise Agreement or Permit. Failure of City to require performance of any term in this Chapter of the Small Cell Wireless Franchise Agreement, or the waiver by either party of breach of either, shall not prevent subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
2. Abandonment and/or Removal of Wireless Facilities.
   1. In the event (a) the use of a Wireless Facility is discontinued for a continuous period of twelve (12) months, (b) the term of the applicable Master License Agreement has expired, or (c) any Wireless Facility or structure has been installed in the Right-of-Way without complying with the requirements of this Chapter, and the respective Wireless Facilities have not been removed by the Wireless Provider within thirty (30) days of any such event, such Wireless Provider shall be deemed to have abandoned such Wireless Facility.
   2. If any Wireless Facility is deemed abandoned or installed without complying with the requirements of this Chapter, the Wireless Provider shall remove its Wireless Facilities and structures within sixty (60) days of the City’s notice of such abandonment and shall repair and restore the Right-of-Way to a similar or better condition than at the time of the installation. Failure to do so may result in the City’s removal of the Facilities and structures at the Wireless Provider’s cost. The City shall have the right to inspect and approve the condition of the Right-of-Way, Wireless Facilities, and structures prior to and after removal. The liability, indemnity and insurance provisions of this Chapter and any security required of a Wireless Provider shall continue in full force and effect during the period of removal and until full compliance by a Provider with the terms and conditions of this Chapter and the Small Cell Wireless Franchise Agreement.
3. Transfer and/or Acknowledgment of Abandoned System. Upon abandonment of any system of Wireless Facilities, a Provider, if required by the City, shall submit to the City a written instrument, in a form satisfactory to the City, transferring to the City the ownership of the abandoned system, or, as the City may request, acknowledging abandonment of the system.

(2019-07, Section Added, eff. 9/3/2019)