The following procedure is established for closing public ways and easements:

(1)

Upon application for closing a street, public way or easement, an ordinance shall be prepared and placed on the city council agenda for initial reading, and a date for a public hearing thereon shall be set.

(2)

At least 30 days prior to passage of the ordinance, written notice shall be given by the city clerk to holders of franchises or others determined by the city council to have a special right or privilege to use the public way or easement, and to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, abutting the public way or easement, and to owners of record of property within 300 feet of the subject property.

(3)

The city clerk shall certify that the written notice was mailed.

(4)

The applicant shall furnish a certified ownership list showing the necessary parties entitled to notice to the city clerk at the time of application.

(5)

The applicant shall, at the time of filing the application, pay the application and notice fees as set forth in section 42-102.

(6)

The ordinance shall reserve unto the city an absolute right to reopen the public way or easement without expense to the city, and the ordinance shall not affect the right to maintain, repair, reconstruct, operate or remove utilities, public service corporations, franchise holders, or transmission company facilities or services therein, nor shall such closing affect private ways existing by operation of law.

(Code 1977, § 12.20.020; Ord. No. 1185, § 2, 4-2-2019)

State Law reference— Closing public ways, 11 O.S. § 42-110.

(a)

Generally. A system of limited access facilities, consisting of the streets, avenues, boulevards and ways and parts of streets, avenues, boulevards and ways described in subsection (b) of this section, is established and created within the corporate limits of the city, as now existing or as they may be hereafter extended, and in recognition of the general use of the streets, avenues, boulevards and ways and parts thereof, and of the wear and destruction of such streets, avenues, boulevards and ways by heavy general traffic thereon, including passenger automobiles, buses, trucks and other vehicles, and to the extent that the costs of acquisition of rights-of-way and property necessary in the establishment of the limited access facilities exceed the benefits to property abutting thereon, such limited access facilities are declared to be improvements of a general nature, and such costs, to the extent that they exceed the benefits to property abutting thereon, are declared to be costs of a general nature.

(b)

Facilities designated. The following streets, avenues, boulevards and ways and parts of streets, avenues, boulevards and ways within the corporate limits of the city, as now existing or as they may be hereafter extended, are designated as limited access facilities and as arterial highways, such streets, avenues, boulevards and ways being streets or highways especially designed for through traffic, entrance into which at intersections may be limited by requiring all entering vehicles to be brought to a complete stop, and the city council may otherwise protect the right-of-way of vehicles thereon. Such arterial highways are described as follows: Mustang Road extending 2,600 feet north of State Highway 152 and extending 2,600 feet south of State Highway 152.

(c)

Construction. Nothing contained in this section shall be construed to affect any zoning ordinance or part thereof relating to the construction or use of improvements on property abutting on any limited access facility.

(Code 1977, §§ 10.42.010—10.42.040)

State Law reference— Limited access facilities, 69 O.S. § 1301 et seq.; authority to designate limited access facilities, 69 O.S. § 1302.

When sidewalk, handicapped ramp, curbing, guttering, draining, paving or other street or alley improvements are in the course of construction in any public place or street in the city, the city building inspector and/or community development director shall have the authority to close such street, alley or other public place against traffic or travel of every character, pedestrians included, for such time as deemed necessary for the proper protection of the public and security of improvements. In such event, traffic may be entirely restricted or limited to definite classes. The portion of such street, alley or other place to be closed shall be barricaded at the limits in such manner as to indicate to the public that the street, alley or other place is closed, and signs shall be erected at each limit stating that such street or alley is closed. The erection of such barricades and signs by order of the building inspector and/or community development director shall be deemed sufficient notice to the public. It shall be no defense to the prosecution that any such barricade or sign has been removed by some person without authority.

(Code 1977, § 12.24.030(A))

(a)

Generally. It is the duty of any person doing any type of construction work or excavating work upon or adjacent to any street, alley, sidewalk or public ground in the city to maintain substantial guard rails and barriers around such work or excavation in such a manner as to protect pedestrians, animals and vehicles. It is the duty of all such persons to display and maintain lighted lanterns, lights or lighted signal flares from sundown to sunup during the time such work, excavation or obstruction exists. Such lanterns, flares or lights shall be of a type approved by the building inspector and/or community development director. It is an offense for any person to fail to provide any of the signs, barricades and signals required in this section. Each such omission constitutes a separate offense.

(b)

Unlawful removal. It is unlawful for any person to remove or destroy any barricade or sign erected as provided in subsection (a) of this section, except as may be necessary in the proper construction of the improvements thereon.

(Code 1977, § 12.24.030(B), (D))

No material or equipment shall be placed on any sidewalk or roadway unless specifically authorized on a permit, except in that part of the width of such sidewalk or roadway which must be blocked in any case by the work underway or that part of the width of the roadway which might normally be occupied by standing vehicles. All operations shall be so handled as to provide minimum hazard to the public and minimum obstruction to traffic. All rubbish, equipment and unused materials and supplies shall be removed by the contractor before his work is opened to traffic.

(Code 1977, § 12.24.030(C))

It is unlawful for any person to construct, erect, place, operate, maintain or permit to exist any icebox, ice dock, gasoline pump, gasoline storage reservoir, tire rack, tools or equipment, or water hose connection, any mercantile business, or any tools, stand, equipment, merchandise or appurtenances thereof, aerials, poles or wires therefor, whether permanent or temporary, or any other obstruction, upon any part of any street, alley, boulevard, parkway, curbing or parking within the city.

(Code 1977, § 12.08.040)

It is unlawful for any person to use or obstruct the sidewalks of the city in any manner so as to interfere unduly with pedestrian traffic thereon, or to use or obstruct the streets and alleys of the city in any manner so as to interfere unduly with lawful traffic and parking thereon.

(Code 1977, § 12.08.050)

It is unlawful for any person to deposit, throw or sweep into or upon a street, alley, parking or sidewalk of the city any paper, rubbish, grass, weeds, tree trimmings, dirt, trash, crates, boxes or other refuse of any kind.

(Code 1977, § 12.08.060)

State Law reference— Littering, 21 O.S. §§ 1753.3, 1761.1.

It is unlawful for any person to play on the sidewalks or upon the main travelled portion of the streets and alleys of the city, except as may be authorized by ordinance.

(Code 1977, § 12.08.070)

It is unlawful for any owner or operator of a filling station or other place of business, or any agent or employee thereof, to cause or allow water, grease or other fluid to flow or drain into, upon, over or across any sidewalk, parking, street, alley or other public way.

(Code 1977, § 12.08.090)

(a)

The owner of any premises abutting on any street of the city shall trim all trees and shrubbery growing between the sidewalk and the roadway of any such street, and all trees and shrubbery growing on any part of the premises and adjacent to the sidewalk or any street or alley, in such manner that the boughs or limbs thereof shall not obstruct free and convenient passage and travel along the streets, sidewalks and alleys. When such premises are occupied by some person other than the owner, such occupant shall trim the trees and shrubbery in the same manner as required of the owner by this section. Such trees and shrubbery shall be trimmed so that the lowest branches or foliage shall not be lower than 15 feet above the roadway of a street or alley or lower than eight feet above the sidewalk.

(b)

Any owner or occupant who fails, refuses or neglects to trim trees and shrubbery as provided in subsection (a) of this section after receiving five days' notice from the city manager, the director of public works or the street superintendent to do so is guilty of an offense against the city. Every day that the owner or occupant fails, refuses or neglects to trim such trees or shrubbery, after the expiration of the five days' notice, shall be a separate offense.

(Code 1977, §§ 12.08.010, 12.08.020; Ord. No. 673, § 1, 11-1-1997)

It is unlawful for any person to injure any tree or shrubbery on a street or alley in the city, provided that this shall not prohibit the lawful and proper care and removal of such trees and shrubbery.

(Code 1977, § 12.08.030)

No automobile or other vehicle shall be washed at any place within the city where the water, dirt, mud or other substances removed therefrom by or during the washing thereof, will drain into or upon any street or sidewalk of the city.

(Code 1977, § 12.08.080)

Before constructing any driveway over a portion of a city street or easement, a permit must be obtained by the builder from the city clerk.

(Code 1977, § 12.04.010)

A permit fee in the amount set forth in section 42-102 shall be paid to the city clerk as a condition to the issuance of a driveway permit. Applicants must provide information such as location, width, type and other details which are needed by the city to determine the feasibility of the proposed entrance. The city may deny the issuance of a permit where the entrance is considered to be a public hazard or in any way is not in the public interest.

(Code 1977, § 12.04.020)

All driveways shall be constructed in accordance with "Standard Residential and Commercial Driveway Entrance for Mustang, Oklahoma 1981."

(Code 1977, § 12.04.030)

The subgrade for driveway entrances shall be of suitable soil, free of vegetation, trash or other foreign matter, and compacted to 100 percent standard proctor density.

(Code 1977, § 12.04.040)

Surfacing of all driveways shall meet the appropriate residential or commercial street surface standards as currently adopted by the city.

(Code 1977, § 12.04.050)

Driveways shall be at least curb height at a point six feet from the back of the curb.

(Code 1977, § 12.04.060)

All saw-cut joints for driveways shall have a depth of at least one inch and a width of at least one-eighth inch. All expansion joints shall have a width of at least one-half inch, and the material used to fill this type of joint shall be made of either redwood, cedar or pre-molded asphalt. All joints shall be cleaned in accordance with standard city street specifications. An expansion joint must be located at the property line and along the line where the driveway meets the street paving.

(Code 1977, § 12.04.070)

The permit holder under this article shall be required to pay the cost of all testing of a driveway that may be deemed necessary by the city inspector or engineer. Such tests may include but are not limited to soil density, compressive concrete strength, and core samples.

(Code 1977, § 12.04.080)

The permit holder under this article shall be responsible for the replacement of all defective work and materials not approved by the city inspector, and shall be liable for any damage to existing city streets that is not repaired in a manner suitable to the city.

(Code 1977, § 12.04.090)

The driveway of any duplex that has a common driveway for both dwelling units shall have a minimum width of 36 feet. If each of the two dwelling units in a duplex have a separate driveway, then each driveway shall be at least 18 feet wide. The separate driveways shall have a landscaped area between them, and this area shall be at least four feet wide and be landscaped.

(Code 1977, § 12.04.100)

Driveway entrances on streets not having curb and gutter drainage shall be constructed to the same details required in sections 102-41 through 102-50, except that the diameter and length of driveway culverts shall be approved by the city engineer prior to the issuance of a permit and the grade of the driveway at a point six feet from the center of the culvert shall be at least equal in elevation to the crown of the street.

(Code 1977, § 12.04.110)

The entire length of the primary driveway for any single-family residence located in an R-1, R-2, R-3 or R-4 district must have a minimum width of 18 feet. The primary driveway shall be defined as the driveway that leads directly to the required parking spaces. Secondary driveways must be a minimum of ten feet wide. A secondary driveway shall be defined as other driveways besides the primary driveway.

(Code 1977, § 12.04.120; Ord. No. 1101, § 1, 4-15-2014)

A residential driveway must have a minimum radius of five feet and a commercial driveway must have a minimum radius of 15 feet.

(Code 1977, § 12.04.130)

The city shall be divided into four quadrants, using the intersection of Mustang Road and Highway 152 as the central point.

(Code 1977, § 12.12.010)

All existing street suffixes will be abandoned and streets will carry the appropriate quadrant suffixes and prefixes described in this section.

(1)

Northwest quadrant. In the northwest quadrant, that area north of Highway 152 and west of Mustang Road, all streets will carry the suffix "Way." All east-west streets in this quadrant will carry the prefix "West," and all north-south streets in this quadrant will carry the prefix "North."

(2)

Southwest quadrant. In the southwest quadrant, that area south of Highway 152 and west of Mustang Road, all streets will carry the suffix "Drive." All east-west streets in this quadrant will carry the prefix "West," and the north-south streets in this quadrant will carry the prefix "South."

(3)

Southeast quadrant. In the southeast quadrant, that area south of Highway 152 and east of Mustang Road, all streets will carry the suffix "Lane." All east-west streets in this quadrant will carry the prefix "East," and the north-south streets in this quadrant will carry the prefix "South."

(4)

Northeast quadrant. In the northeast quadrant, that area north of Highway 152 and east of Mustang Road, all streets will carry the suffix "Terrace." All east-west streets in this quadrant will carry the prefix "East," and the north-south streets in this quadrant will carry the prefix "North."

(Code 1977, § 12.12.020)

Names of culs-de-sac which contain the name of the street from which the cul-de-sac branches will include the suffix of that street, plus an added suffix of "Court."

(Code 1977, § 12.12.030)

Street names shall be limited to three names, excluding the directional prefix and the suffix "Court."

(Code 1977, § 12.12.040)

There shall be eight blocks per mile for blocks running east and west and 15 blocks per mile for blocks running north and south.

(Code 1977, § 12.12.050)

House numbering will start at the central point and continue in all four directions. No unit block will be used.

(Code 1977, § 12.12.060)

There shall be no streets named by a number or a letter, except the perimeter streets, namely 59th and 89th.

(Code 1977, § 12.12.070)

The perimeter streets running east and west, namely 59th and 89th, shall carry the quadrant suffixes and also the city numbering system.

(Code 1977, § 12.12.080)

The north-south section line roads shall continue to be called roads (i.e., County Line Road, Morgan Road, Sarah Road, Mustang Road, Czech Hall Road and Frisco Road); however, the existing Cemetery Road shall be named Clear Springs Road.

(Code 1977, § 12.12.090)

The planning commission should give consideration to naming any presently unnamed streets.

(Code 1977, § 12.12.100)

In order to eliminate duplication and confusion of similar street names, the following specific proposals are made:

(1)

Northwest Quadrant—Reference "Way." Westchester Addition: The existing Westchester Road shall be called West Westchester Way and the existing north-south Westchester shall be called North Westchester Way.

(2)

Southwest Quadrant—Reference "Drive."

a.

Heights Addition: Change Mustang Drive to South Heights Drive, in order to avoid confusion with Mustang Road.

b.

Heights Addition: Change Forest Lane Drive (a north-south street) to South Forest Drive.

c.

Heights Addition: Change the one block now called Hillcrest Place to West Hillcrest Drive, and one block south of the current Hillcrest Place to West Juniper Drive.

d.

Lakehoma Addition: Change the numbering on Aqua Clear so that portion from the north end of South Clear Springs Road (currently called Cemetery Road) to the court has north-south numbering and the other portion has east-west numbering, and the appropriate section of the street shall be called South Aqua Clear Drive and West Aqua Clear Drive. Also, include the court in the east-west numbering.

e.

Lakehoma Addition: Change the numbering along West Lake Park Drive to include the circle without interruption of the numbers.

f.

Reestablish the originally planned names for Walnut Manor Addition and eliminate the numbered street designations.

g.

The currently existing Lakehome Place shall be named South Lakehome Place Drive.

(3)

Southeast Quadrant—Reference "Lane."

a.

Original town site: Change Avenue A to East Juniper Lane.

b.

Meadows Addition: Change Meadow Boulevard to Meadow Lane. (This will require special signs at the intersection with east Mohr Lane to indicate the continuation of South Meadow Lane and South Brookview Lane.)

c.

Meadows Addition: Change Linden Court to South Linden Lane.

d.

Meadows Addition: Change the numbering along South Glenn Lane to include the circle (now called Juniper Circle) without interruption of the numbers.

e.

Lay Addition: Continue East Longview Lane east across South Morgan Road to include what is currently identified as SW 75th Street.

f.

Lay Addition: Continue East Lake Park Drive East across South Morgan Road to include what is currently identified as SW 77th Street.

g.

Lay Addition: Name the north-south street along the east line of the Lay Addition South Mitchell Lane.

(4)

Northeast Quadrant—Reference "Terrace."

a.

Canadian Estates: Change the existing Sherwood Drive and Sherwood Terrace (which runs from Country Club to Canadian) to East Sherwood Terrace.

b.

Canadian Estates: Change the existing north-south Sherwood Drive to North Mitchell Terrace and the one block from Country Club to North Mitchell Terrace to East Mitchell Terrace.

(Code 1977, § 12.12.110)

City blocks running east and west shall be 660 feet in length, making eight blocks per mile.

(Code 1977, § 12.12.120)

City blocks running north and south shall be 352 feet in length, making 15 blocks per mile.

(Code 1977, § 12.12.130)

(a)

Lot numbers shall have a two-unit change each 25 feet.

(b)

Lot numbers for each 55- to 70-foot lot will change in increments of four.

(c)

Lot numbers for each lot over 100 feet will change in increments of eight.

(Code 1977, § 12.12.140)

All house numbers on the north and west sides of streets shall bear odd numbers.

(Code 1977, § 12.12.150)

All house numbers on the south and east sides of streets shall bear even numbers.

(Code 1977, § 12.12.160)

It shall be the duty of the owner or occupant of each house or business building to place in a conspicuous place the proper house or building number as assigned by the city.

(Code 1977, § 12.12.170)

The 2002 edition of the U.S. Department of Transportation, Federal Highway Administration Manual on uniform traffic devices and all subsequent amendments or revisions are adopted by reference. All street, traffic and highway signs in the City of Mustang shall comply with these standards. In addition to these standards, the City of Mustang requires that all signs shall designate the 100 block on the lower right hand corner with two-inch letters and street name signs shall have a red background with white reflective lettering.

(Code 1977, § 12.12.180; Ord. No. 831, § 1, 4-1-2003)

All street and traffic signs within the subdivision shall be furnished at the expense of the subdivider and shall conform to the standards set forth in section 102-98. All street and traffic signs shall be obtained through and installed by the city public works department. It shall be the duty of the city to maintain the markers after the acceptance of the development from the developer.

(Code 1977, § 12.12.190; Ord. No. 382, § 1, 4-1-2003)

The purpose of this article is to provide specific regulations for the collocation of small wireless facilities and installation or replacement of utility poles for collocating small wireless facilities by wireless providers in the right-of-way, while simultaneously protecting neighborhoods by minimizing adverse visual and operational effects of small wireless facilities through careful design, sighting, screening, camouflage, and co-location. The provisions of this article are not intended to and shall not be interpreted to authorize or prohibit or to have the effect of authorizing or prohibiting the provision of wireless services or authorizing any other communications service, nor shall the provisions of this article be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services. This article does not apply to any facilities that are not wireless facilities, including, but not limited to, wireline backhaul facilities or the installation, maintenance, or operation of any facilities that require a telecommunications franchise or other authorization pursuant to applicable law. The granting of a small wireless facility permit pursuant to this article is not a grant of a telecommunications franchise or other such authorization.

(Ord. No. 1208, § 2, 9-1-2020)

For purposes of this article, the following terms shall have the meaning set forth below:

Antenna shall mean communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes shall mean uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with this article.

Applicable law shall mean federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

Applicant shall mean any wireless provider submitting an application under this article.

Application shall mean a request submitted by an applicant to the city:

(1)

For a permit to collocate one or more small wireless facilities; or

(2)

To approve the installation, modification, or replacement of a utility pole.

Authority pole shall mean a utility pole owned, managed, or operated by or on behalf of the city.

City or authority shall mean the City of Mustang, Oklahoma.

Collocate or collocation shall mean to install, mount, maintain, modify, operate, or replace a small wireless facility on or adjacent to an existing utility pole.

Communications service provider shall mean a cable operator as defined in 47 U.S.C. § 522(5), a provider of information service as defined in 47 U.S.C. § 153(24), a telecommunications carrier as defined in 47 U.S.C. Ch. 153(51), or a wireless provider.

Day shall mean calendar day unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a city holiday, the action may be taken, or the fee paid, on the next succeeding business day.

Decorative pole shall mean an authority pole that is specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than a small wireless facility, light fixtures or specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal rules or codes.

Department shall mean the community development department of the city.

Director shall mean the director of the department, or their designee.

FCC shall mean the Federal Communications Commission of the United States.

Fee shall mean a one-time, nonrecurring charge.

Historic district shall mean a group of buildings, properties, or sites that are included in the state register of historic places in accordance with section 355 of title 53 of the Oklahoma Statutes; or are either listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, appendix C.

Micro wireless facility shall mean a small wireless facility that meets the following qualifications:

(1)

Is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; and

(2)

Any exterior antenna is no longer than 11 inches.

Permittee shall mean a person that has been granted a small wireless facility permit by the department.

Person shall mean any individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the city.

Right-of-way shall mean the area within the jurisdiction of the city that is on, below, or above a public roadway, highway, street, sidewalk, alley or similar property, or a public easement that authorizes that deployment sought by the wireless provider, but does not include a Federal interstate highway.

Rate shall mean a recurring charge.

Small wireless facility shall mean a wireless facility that meets both of the following qualifications:

(1)

Each antenna of the wireless provider could fit within an enclosure of no more than six cubic feet in volume; and

(2)

All other equipment associated with the wireless facility, whether ground- or pole-mounted, is cumulatively no more than 28 cubic feet in volume. The following types of ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

Small wireless facility permit shall mean an authorization granted by the department for the collocation or modification of a small wireless facility, or the installation, modification, or replacement of a utility pole in addition to collocation of a small wireless facility on the utility pole, subject to the limitations of this article.

Technically feasible shall mean that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility.

Traffic signal shall mean the traffic signal pole, mast arm, traffic signal lights and all attached supporting equipment.

Utility pole shall mean a pole or similar structure, including an authority pole, that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage or a similar function, or for the collocation of small wireless facilities; provided, however, such term shall not include electric transmission structures, or any utility pole or other structure to which a traffic signal is attached or is intended to be attached. Utility poles controlled by an investor-owned electric utility or electric cooperative are not subject to this article.

Wireline backhaul facility shall mean a facility (e.g., fiber-optic cable between utility poles) used to transport communications data by wire from a wireless facility to a communications network.

Wireless facility shall mean equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (a) equipment associated with wireless communications; and (b) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup powers supplies, and comparable equipment regardless of technological configuration. The term does not include:

(1)

The structure or improvements on, under, or within which the equipment is collocated; or

(2)

Coaxial or fiber-optic cable that is between utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider shall mean any person authorized to provide telecommunications service in the state that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but that is not a wireless services provider.

Wireless provider shall mean a wireless infrastructure provider or a wireless services provider.

Wireless services shall mean, except as otherwise defined in federal law, any services, whether at a fixed location or mobile, provided to the public using wireless facilities.

Wireless services provider shall mean a person who provides wireless services.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

No person shall place a small wireless facility in the right-of-way without first filing an application and obtaining a permit from the department.

(b)

A copy of the permit shall be kept onsite during any work within the right-of-way and shall be presented upon request by any city or department representative.

(c)

An applicant seeking to collocate multiple small wireless facilities may file a consolidated application for the collocation of up to 25 small wireless facilities and receive a single small wireless facility permit; provided, however, the denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same batch.

(d)

A small wireless facility shall not be required for the following:

(1)

Routine maintenance;

(2)

The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller; or

(3)

For the installation, placement, maintenance, operation, or replacement of micro-wireless facilities that are strung on cables between existing utility poles, in compliance with the National Electrical Safety Code.

All wireless providers shall provide prior written notice of the above activities to the department and shall comply with the Mustang Code of Ordinances.

(e)

Small wireless facilities may be placed on property owned, leased, or otherwise controlled by the city only pursuant to a commercial lease approved by the city council.

(Ord. No. 1208, § 2, 9-1-2020)

Prior to submitting an application to the department only for the collocation of a small wireless facility to an existing structure, an applicant shall inspect any utility pole to which a proposed small wireless facility would be attached and determine, based on a structural engineering analysis by an Oklahoma registered professional engineer, the suitability of the utility pole for the applicant's purposes. The structural engineering analysis shall be submitted to the department and shall certify that the utility pole can reasonably support the proposed small wireless facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed location.

(Ord. No. 1208, § 2, 9-1-2020)

An application shall include the following:

(1)

The applicant's name, address, telephone number, and email address.

(2)

The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

(3)

A siting map depicting the location of proposed sites for wireless facilities and related construction and engineering drawings for each location sufficient to demonstrate compliance with the provisions herein. Wireless facilities on existing utility poles, new utility poles, or modified utility poles shall not interfere with vehicular access to adjacent property, nor shall they be placed in a location that would interfere with an existing individual tree's canopy. For applications to collocate on an existing utility pole, the applicant should provide an engineering analysis that demonstrates conformance with applicable codes, construction drawings stamped by a professional engineer licensed in Oklahoma, and a description of any make-ready work required, including any modification or replacement of the utility pole.

(4)

If a wireless facility is proposed to replace an existing utility pole, or be located on an existing utility pole, the application shall indicate the owner of said utility pole.

(5)

A statement of compliance with all applicable codes from a licensed engineer.

(Ord. No. 1208, § 2, 9-1-2020)

An application submitted pursuant to this section shall be reviewed as follows:

(1)

Submission of application. Applicant shall submit a complete application accompanied by any corresponding application fee to the department.

(2)

Review for completeness. The department shall review all applications for completeness following submittal. The department shall provide a written notice of incompleteness to the applicant within ten days of receipt of the small wireless facility permit application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the department's determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon an applicant's submittal of additional documents or information in response to a notice of incompleteness, the department shall have ten days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the applicable review period.

(3)

Tolling of review period. In the event that an application is incomplete, and the department has provided a written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice(s). Subsequent notices shall toll the applicable review period. An applicant and the department can mutually agree in writing to toll the applicable review period at any time.

(4)

Collocation and modification review period. The department shall, within 60 days after the date an application for the collocation, modification, or replacement of a small wireless facility is filed, issue or deny a small wireless facility permit pursuant to the application. If, after conclusion of the 60-day review period, the department has failed to issue or deny a small wireless facility permit pursuant to the application, a small wireless facility permit shall be issued.

(5)

Utility pole and collocation review period. The department shall, within 75 days after the date an application for the installation, modification, or replacement of a utility pole to collocate a small wireless facility is filed, issue or deny a small wireless facility permit pursuant to the application. If, after conclusion of the 75-day review period, the department has failed to issue or deny a small wireless facility permit pursuant to the application, a small wireless facility permit shall be issued.

(6)

Nondiscriminatory processing of applications. The department shall ensure that any application processed under this article is performed on a nondiscriminatory basis.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

If any make-ready work is necessary to enable an existing authority pole to support a requested collocation by a wireless provider, at the department's discretion, the department may perform the make-ready work or require the wireless provider to perform the make-ready work.

(b)

If the department elects to perform the make-ready work, it shall provide a good-faith estimate for the work, including, if necessary, replacement of the authority pole, to the wireless provider within 60 days after receipt of a complete application. The department shall complete any make-ready work it elects to perform within 60 days of written acceptance of the good-faith estimate by the wireless provider.

(c)

The department may require replacement of an authority pole only if the department demonstrates that a proposed collocation would make the authority pole structurally unsound. The department may require that the replaced authority pole have the same functionality as the authority pole being replaced. If the authority pole is replaced, the city shall take ownership of the new authority pole and operate city-owned fixtures on the pole.

(d)

The city shall not require more make-ready work than is required to meet applicable codes and industry standards. Fees for make-ready work shall not include costs related to preexisting or prior damage or noncompliance. Fees for make-ready work, including any replacement of an authority pole, shall be reasonable and nondiscriminatory and shall not exceed actual costs, which may include the amount the department pays a professional engineer registered in Oklahoma to review the wireless provider's make-ready work plans.

(Ord. No. 1208, § 2, 9-1-2020)

Small wireless facilities, and new or modified utility poles and wireless facilities for the colocation of small wireless facilities, may be placed in the right-of-way as a permitted use subject to the following requirements:

(1)

Each new or modified utility pole installed in the right-of-way shall not exceed the greater of ten feet above the tallest existing utility pole as of November 1, 2018 located within 500 feet of the new utility pole in the same right-of-way, or 50 feet above ground level.

(2)

Each new small wireless facility in the right-of-way shall not exceed ten feet above an existing utility pole in place as of November 1, 2018, or for small wireless facilities on a new utility pole, above the height permitted for a new utility pole under subsection (a).

(Ord. No. 1208, § 2, 9-1-2020)

(a)

All small wireless facilities affixed to a utility pole which has exterior exposure shall be as close to the color of the utility pole as is commercially available to the wireless provider.

(b)

The design and maintenance of all small wireless facilities, cables, wires, appurtenances, and utility poles, shall include the use of materials, colors, textures, screening and landscaping that will blend the small wireless facilities, appurtenances and utility poles to the natural setting or the built environment of the primary use.

(c)

All small wireless facilities affixed to a decorative light pole must be installed in such a way that the cables, wires, appurtenances, and facilities are concealed within the pole to the maximum extent possible.

(d)

Spacing requirements. No small wireless facility shall be approved for placement on a new utility pole if the new pole is proposed to be located within a 500 foot radius of an existing utility pole.

(Ord. No. 1208, § 2, 9-1-2020)

For utility poles or any electronic and electric hardware used to support telecommunication systems, including small wireless facilities or components thereof, installed at ground level or underground within the right-of-way, the minimum spacing from city facilities shall be:

(1)

Ten foot from edge of sanitary sewer manholes.

(2)

Ten foot from edge of sanitary sewer lines.

(3)

Ten foot from edge of any water transmission system infrastructure.

(4)

Fifty foot from public water supply water wells.

(5)

Five foot from edge of any water distribution system infrastructure.

(6)

Five foot from water service lines.

(7)

Five foot from sanitary sewer service lines.

(8)

Five foot from any existing or proposed traffic signals and traffic control cabinets facilities.

(9)

Five foot from any intelligent traffic system hub cabinets, conduits, pull boxes, wiring, fiber optic cable and other supporting equipment.

(10)

Five foot from any city underground fiber optic cable and pull boxes and ground mounted fiber optic panels.

(11)

Five foot from streetlights and supporting pull boxes

(12)

Five foot from the base of city electric distribution poles.

(13)

Five foot from the sides and ten foot from the front of city pad mounted electric distribution equipment.

(14)

Per the National Electrical Safety Code (NESC) for separation from all other city electric facilities.

(15)

Per the requirements of IFC 2015 507.5.4, IFC 2015 507.5.5, and the requirements of the Mustang Code of Ordinances.

Additionally, no facilities shall be placed in front of a fire hydrant steamer connection.

(Ord. No. 1208, § 2, 9-1-2020)

Collocation of a small wireless facility or a new or modified utility pole for the collocation of a small wireless facility shall be a permitted use in all zoning categories subject to the provisions of this article. However, any wireless provider that seeks to construct or modify a utility pole or wireless facility that exceeds the height or size limits contained in this article shall be subject to applicable zoning requirements and applicable codes.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Compliance with applicable law and applicable codes. A permittee shall comply with applicable law and applicable codes.

(b)

Small wireless facility spacing requirements. No small wireless facility may be placed within 100 feet of another small wireless facility.

(c)

Prevent interference. A permittee shall collocate an approved small wireless facility and install, modify, or replace an approved utility pole to prevent interference with other facilities in the right-of-way and the operation thereof. With appropriate permissions from the department, a permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of the permittee's small wireless facility or utility pole, maintain trees located within the right-of-way.

(d)

Other rights not affected. A permittee shall not construe a contract, permit, correspondence, or other communication from the city as affecting a right, privilege, or duty previously conferred or imposed by the department to or on another person.

(e)

Restoration. A permittee, after any excavation of or damage to the right-of-way, shall provide for restoration of the affected right-of-way and surrounding areas, including the pavement and its foundation, to its functional equivalence that existed before the excavation. If a permittee fails to adequately restore the right-of-way within a reasonable time after written notice, the city may itself restore the right-of-way and recover from the permittee the city's reasonable, documented costs of restoration. If the wireless provider fails to make the necessary repairs within two weeks of written notice, the city may make the repairs and charge the wireless provider the reasonable, documented cost of such repairs.

A permittee that disturbs uncultivated sod in the excavation or obstruction of the right-of-way shall plant grasses that are native to Oklahoma and, wherever practicable, that are of the local eco-type, as part of the restoration required under this section, unless the owner of the real property over which the right-of-way traverses objects. In restoring the right-of-way, the permittee shall consult with the department of wildlife conservation regarding the species of native grasses that conform to the requirements of this paragraph.

(f)

Permittee's liability. A permittee is solely responsible for the risk and expense of collocation of the permittee's small wireless facility and installation of the permittee's utility pole. The city neither warrants nor represents that any area within the city's right-of-way is suitable for such collocation or installation. A permittee shall accept the city's right-of-way "as is" and "where is" and assumes all risks related to any use. The city is not liable for damage to small wireless facilities due to an event of damage to a utility pole in the right-of-way.

(g)

Notice required. A permittee shall, within ten calendar days after transfer, assignment, conveyance, or sublet of a wireless facility or utility pole that changes the permit and/or billing entity or ownership responsibilities for such wireless facility or utility pole, provide written notification to the department.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

General requirements.

(1)

The replacement pole must provide the same options and functionality of the existing pole, including, but not limited to, design aesthetics, color, material, power outlets, accessory mounting options, etc.

(2)

The replacement pole must have the structural integrity to support all existing authority uses plus the wireless provider's facilities. The city, at the wireless providers sole expense, may require engineering analysis, construction and engineering drawings and other information demonstrating the structural integrity and compliance with federal, state and local laws. The engineering analysis, construction and engineering drawings shall be stamped by a professional engineer registered in Oklahoma.

(3)

If the existing pole is direct buried, the replacement pole must be direct buried.

(4)

If the existing pole uses a foundation, the replacement pole must use the existing foundation without modifications.

(5)

All components of the small wireless facility must be contained within pole. No components may be externally mounted.

(6)

The replacement pole must have a separate power supply from that serving the pole's primary function.

(7)

The wireless provider must provide a city accessible means of disconnecting electrical power for the small wireless facility.

(b)

Traffic signal requirements. In addition to the general requirements above, collocations on or pole replacements of traffic signals must meet the following:

(1)

Small wireless facilities collocated on traffic signals must have a separate grounding system that must be approved by the department. The grounding system must not interfere with or piggyback on the city's existing grounding system.

(2)

The small wireless facility will require a separate electrical service installed per federal, state and local codes and standards.

(3)

Any utility pole, small wireless facility or portion of the small wireless facility that is installed shall be subject to the city's requirements for relocation to accommodate a city infrastructure improvement project.

(4)

Any drilling or other perforation of the traffic signal must not affect the structural integrity of the traffic signal. All traffic signal wiring must be protected prior to drilling or perforating the traffic signal. City personnel must be present during any such drilling or perforation of traffic signals. All drilling or other perforations must be adequately sealed.

(5)

The wireless provider, at their sole expense, shall provide a city approved contractor to realign, recalibrate and reconfigure all traffic signal devices, including, but not limited to, cameras, traffic detection equipment, emergency vehicle detection equipment, fiber optic cable, and lighting devices. The realignment, recalibration and reconfiguration shall restore the devices to pre-replacement operational levels.

(Ord. No. 1208, § 2, 9-1-2020)

All small wireless facilities, whether on a wireless provider's utility pole or collocated on an authority pole must be adequately labeled to show the wireless provider's name, and a telephone number where a representative of wireless provider can be reached, 24 hours a day, seven days a week to respond to questions, or to any reports of problems with the utility pole and/or small wireless facility.

(Ord. No. 1208, § 2, 9-1-2020)

For routine maintenance requiring the replacement of an authority pole with a collocated small wireless facility, upon written notice from the city the wireless provider will have 15 days to provide written notice to the city they wish to retain the small wireless facility or to remove the small wireless facility. If the wireless provider fails to provide written notice of its intent within 15 days, the city may remove the small wireless facility at the wireless provider's expense and replace the authority pole. The city will make no provision for a small wireless facility with the replacement pole.

If the wireless provider chooses to retain the small wireless facility, they will have 30 days from their written notice of retention to provide a replacement pole meeting the city's requirements. The wireless provider will be notified when the replacement of the authority pole is completed by the city. The wireless provider may then reattach the small wireless facility facilities as an authorized attachment. Any changes or upgrades to the small wireless facility will require a new permit application prior to attachment.

(Ord. No. 1208, § 2, 9-1-2020)

In the event of an emergency, as determined by the city, the city has the right to disable and/or remove any small wireless facility from authority poles. The city will not be responsible for reinstalling any small wireless facilities. In the event the emergency necessitates the replacement of authority poles, the city will replace the authority poles using current stock items and will not make provisions for small wireless facilities. The city will make reasonable attempts to notify the wireless provider of the actions taken as a result of an emergency.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Abandonment or removal of authority poles. If the city desires at any time to abandon, remove or underground any city facilities to which the wireless provider's small wireless facilities are collocated, it shall give the wireless provider 60 calendar days written notice prior to the abandonment or removal. If, following the expiration of the 60-day period, the wireless provider has not yet removed and/or transferred all of its small wireless facilities the city shall have the right, but not the obligation, to remove or transfer wireless provider's small wireless facilities at wireless provider's expense.

(b)

Underground relocation. If the city moves any portion of its aerial system underground, the wireless provider shall remove its small wireless facilities from any affected authority poles within 60 calendar days of receipt of notice from the city and must either remove its affected small wireless facilities or find other means to accommodate its small wireless facilities. If the wireless provider does not remove its small wireless facilities within 60 days, the city shall have the right to remove or transfer the wireless provider's small wireless facilities at wireless provider's expense.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Inspection permitted. The department may inspect, at any time, the collocation of a small wireless facility or the installation of a utility pole by permittee. The department shall determine during an inspection whether the permittee's collocation and installation activities are in accordance with the requirements of the permittee's small wireless facility permit and other applicable law and applicable codes.

(b)

Suspension of activities. During an inspection, if the department determines that a permittee has violated any material term of the permittee's small wireless facility permit or this article, the department may suspend the permittee's collocation, installation, modification, and replacement activities. The department shall provide written notice of any suspension to a permittee within three days of discovering the permittee's alleged violation of their small wireless facility permit. A suspension under this paragraph is effective until a permittee corrects the alleged violation, at the permittee's sole expense. A permittee may appeal any suspension issued under this paragraph to the director.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Permit denial. In addition to the provisions herein, the department may deny any small wireless facility permit only if the proposed small wireless facility collocation or utility pole installation, modification, or replacement:

(1)

Materially interferes with the safe operation of traffic control equipment or emergency management systems or devices;

(2)

Materially interferes with sight lines or clear zones for transportation or pedestrians;

(3)

Materially interferes with compliance with the Americans with Disabilities Act of similar federal or state standards regarding pedestrian access or movement;

(4)

Materially interferes with Federal Aviation Administration requirements or the operation of an airport or air traffic;

(5)

Fails to comply with reasonable and nondiscriminatory spacing requirements of general application adopted by ordinance that concern the location of new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location;

(6)

With respect to ground-mounted equipment, failure to comply with reasonable and nondiscriminatory requirements of general application adopted by ordinance that concern spacing of the ground-mounted equipment; interference with sight lines, clear zones, or pedestrian access or movement; unhindered use of the right-of-way by other right-of-way occupants, including the city; or design or concealment measurements in a historic district;

(7)

Failure to comply with applicable codes, including, but not limited to, the most recent version of the National Electrical Safety Code;

(8)

Failure to comply with this article;

(9)

Causes the utility pole to become structurally unsound, unless the applicant demonstrates that it will address the problem adequately, such as by modifying or replacing a structure; or

(10)

Materially interferes with the intended use of an authority pole.

The department may deny any small wireless facility permit if the applicant does not comply with all provisions of this article to the extent consistent with law, or if the department determines that the denial is necessary to protect public health, safety, and welfare, or when necessary to protect the right-of-way and its current use.

(b)

Permit revocation. The department may revoke a small wireless facility permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the small wireless facility permit. A substantial breach includes, but is not limited to, the following:

(1)

A material violation by a permittee's act or omission, including, but not limited to, any such act or omission by the permittee's agents, representatives, or contractors, of any provision of a small wireless facility permit or other authorization granted by the city;

(2)

A permittee's evasion or attempt to evade any material provision, including, but not limited to, any such evasion or attempt to evade by the permittee's agents, representatives, or contractors, of a small wireless facility permit or other authorization granted by the city, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;

(3)

A material misrepresentation of fact in an application;

(4)

A failure to complete installation of a utility pole or collocation of a small wireless facility within one year of the issuance of a small wireless facility permit, unless the department and the permittee agree to extend this period, or a delay is caused by a lack of commercial power or communications facilities at the site of the installation or collocation;

(5)

A failure to correct, in a timely manner, collocation of a small wireless facility that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the department of the faulty condition;

(6)

A permittee fails to make timely payments of any Rates or Fees as required under this article and does not correct such failure within 20 days after receipt of written notice by the department of such failure; or

(7)

A permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its small wireless facilities or utility poles are sold under an instrument to secure a debt and is not redeemed by the permittee within 60 days.

(c)

Prohibited denial or revocation. The department shall not unreasonably withhold issuance of or unreasonably revoke a small wireless facility permit.

(d)

Written notice required. Any denial or revocation of a small wireless facility permit shall be made in writing and shall document the basis for the denial. The department shall notify the applicant or permittee the day of a decision to deny or revoke a small wireless facility permit. An applicant may cure any deficiencies identified by the department and resubmit the denied application within 30 days of the denial without paying an additional application fee. The department shall approve or deny the revised application within 30 days. Any subsequent review shall be limited to the deficiencies cited in the denial.

(Ord. No. 1208, § 2, 9-1-2020)

Wireless providers shall not install utility poles or other structures in the right-of-way in areas of the city where utility, cable and other facilities are required to be buried or located underground.

(Ord. No. 1208, § 2, 9-1-2020)

It is the responsibility of the wireless provider to ensure their facilities meet all federal, state and city requirements. If the city determines that a utility pole or small wireless facility is incorrectly placed, not properly permitted, or otherwise fails to meet applicable requirements, upon written notice by the city, the wireless provider will have 60 days to correct the installation so it conforms with federal, state and city requirements. If, after 60 days the wireless provider has not corrected the installation, the city has the right to remove the utility pole and/or small wireless facility at the wireless providers expense.

(Ord. No. 1208, § 2, 9-1-2020)

A small wireless facility permit shall have a term of ten years, commencing on the date the small wireless facility permit is issued. At the conclusion of the ten-year term, the small wireless facility permit shall automatically renew thereafter for successive ten-year terms so long as the applicant is and has been in compliance with applicable law, and the small wireless facility permit has not been revoked.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Maintenance required. Any small wireless facility or utility pole installed in the right-of-way pursuant to a small wireless facility permit issued under this article shall be continuously used to provide wireless services and collocated or installed and maintained so as not to obstruct or hinder the usual travel or public safety on such right-of-way or obstruct the legal use of the right-of-way by other occupants of the right-of-way, including public utilities, or violate right-of-way regulations of general application that are consistent with applicable law and applicable codes.

(b)

Abandoned small wireless facilities or utility poles. Where either a small wireless facility or utility pole is not properly maintained or has not been used for the primary purpose of providing wireless services for 12 consecutive months, the department may designate the small wireless facility or utility pole as abandoned. The owner of the small wireless facility or utility pole must remove it within 90 days after receipt of written notice from the department notifying the owner of the abandonment.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Relocation or modification of small wireless facilities. Within 60 days following written notice issued from the department, a wireless provider shall, at its own expense, protect, support temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the right-of-way whenever the department has determined that such removal, relocation, change, or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the department in or upon, the right-of-way, or if the department has determined that the signal from the small wireless facility is interfering with other signals for traffic control devices or emergency communications.

(b)

Emergency removal or relocation of small wireless facilities. The city retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the department shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a small wireless facility and shall notify the wireless provider after cutting or removing a small wireless facility.

(c)

Removal permitted. The department may remove or require a permittee to remove any small wireless facility or utility pole if:

(1)

The term of a small wireless facility permit authorizing the small wireless facility or utility pole expires and is not renewed;

(2)

The small wireless facility or utility pole is designated as abandoned; or

(3)

A small wireless facility permit authorizing the small wireless facility or utility pole is revoked.

Prior to such removal by the department, the department shall provide written notice to the permittee requiring the permittee to remove its small wireless facility or utility pole. If, within 90 days of receipt of such written notice, the permittee fails to remove its small wireless facility or utility pole, the city may remove the small wireless facility or utility pole, take ownership of the small wireless facility or utility pole, and assess the cost of removal to the permittee.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Indemnification of city. As a condition of issuance of a small wireless facility permit, each permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the city and its officers, agents, and employees from and against any and all claims, judgments, costs, liens, losses, expenses, and attorney fees resulting from the installation, construction, repair, replacement, operation, or maintenance of wireless facilities or utility poles to the extent caused by the wireless provider, its contractors, subcontractors, and their officers, employees, or agents. A wireless provider has no obligation to defend, indemnify, or hold harmless the city, its officers, agents, or employees against any liabilities of losses due to or caused by the sole negligence of the city or its employees or agents.

(b)

Defense of city. Each permittee shall at no cost or expense to the city indemnify, defend, and hold harmless the city against any claims as set forth in this Section, regardless of the alleged negligence of the city or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee acknowledges and agrees that it has an immediate and independent obligation to defend the city from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the permittee or its agent by the city and continues at all times thereafter. Each permittee further agrees that the city shall have a cause of action for indemnity against the permittee for any costs the city may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a small wireless facility permit, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee further agrees that the indemnification obligations assumed under a small wireless facility permit shall survive its expiration or completion of installation of any small wireless facility authorized by the small wireless facility permit.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Applications to collocate facilities. An application fee equal to $200.00 each for the first five small wireless facilities on the same application and $100.00 for each additional small wireless facility on the same application.

(b)

Applications for installation, modification or replacement of a utility pole and associated collocation. An application fee equal to $350.00 per utility pole on the same application.

(Ord. No. 1208, § 2, 9-1-2020)

(a)

Any violation of this ordinance shall be an offense. Anyone adjudged guilty of violating this ordinance shall be punished for a Class B offense as set forth in section 2.56.210 for each offense; each day of a continuing violation shall be deemed a separate offense.

(b)

For repeated violations, the director shall further be authorized to pursue any other remedy authorized by law or equity, including, but not limited to, seeking injunctive relief or removal of facilities from rights-of-way.

(Ord. No. 1208, § 2, 9-1-2020)

A court of competent jurisdiction shall have jurisdiction to determine all disputes arising under this article. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority and non-authority poles, the person owning or controlling the pole shall allow the collocating person to collocate on its poles at annual rates of no more than $20.00 with rates to be trued up upon final resolution of the dispute.

(Ord. No. 1208, § 2, 9-1-2020)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof.

(Ord. No. 1208, § 2, 9-1-2020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Contractor means any person engaged in the business of installing or altering walks or pavement on public property, whether by contract, day labor or otherwise. This term shall also include those who represent themselves to be engaged in the business, whether actually doing the work or not, and includes any person who subcontracts to do such work.

Driveway approach means an area, construction or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property.

Sidewalk means that portion of a street between the curbing or the lateral lines of a roadway and the adjacent property lines, for the use of pedestrians.

(Code 1977, § 12.24.050)

Cross reference— Definitions generally, § 1-2.

The provisions of this article shall be administered and enforced by the building inspector of the city, and for this purpose he shall have police powers.

(Code 1977, § 12.24.060)

Sidewalks and handicapped ramps hereafter constructed or repaired shall conform to the requirements of this article.

(Code 1977, § 12.24.020)

It shall be unlawful for any person not having a permit from the office of the building inspector to in any manner construct, reconstruct, alter or change any sidewalk as provided in this article, as it applies to public lands.

(Code 1977, § 12.24.040)

When action is taken by the building inspector or his authorized representative to enforce the provisions of this article, such action shall be in the name of and on behalf of the city, and the building inspector or his representatives, so acting for the city, shall not render themselves personally liable for any damage which may occur to persons or property as a result of any action committed in good faith in the discharge of their duties, and any suit brought against the building inspector or his representatives by reason thereof shall be defended by the city attorney until final termination of the proceedings contained therein.

(Code 1977, § 12.24.070)

(a)

The building inspector shall have the authority to take legal steps necessary to secure compliance with the provisions of this article.

(b)

The building inspector or his authorized representative shall have the right to enter any premises in the discharge of his official duties or for the purpose of making any inspection, reinspection or test or otherwise to ensure compliance with this article.

(c)

The building inspector shall have the power to inspect or reinspect surfacing, the laying of surfacing, and materials, and issue notices or affix them to premises, or to reject surfacing materials not meeting the standards provided in this article. The building inspector shall have the power to control and regulate improvements and facilities placed upon public property and the power to cause to be removed all obstructions and encroachments.

(Code 1977, § 12.24.080)

The installation of sidewalks and handicapped ramps shall comply with the following requirements:

(1)

The work authorized by such permit shall be aligned and set to grade as determined by the building inspector and community development director.

(2)

The contractor shall provide any necessary safeguards so placed to protect pedestrians from injury. Provisions shall be made for the passage of water in construction areas.

(3)

Where it is necessary that a sidewalk be realigned, a request will be made to the building inspector and/or community development director.

(Code 1977, § 12.24.150)

_____

(a)

Sidewalks. A typical section of a four-foot and five-foot sidewalk shall conform to the following exhibit:

ADD FIGURE

_____

(1)

Concrete. Sidewalks shall be constructed of four-inch P.C. concrete, with 3,000 psi compressive strength requirements, and shall be placed on a minimum of one inch of clean sand on a compacted subgrade.

(2)

Cross slope. The cross slope shall not exceed one-fourth inch per foot to the street.

(3)

Longitudinal slope. The maximum longitudinal slope shall not exceed five percent.

(4)

Contraction joints. Contraction joints shall be saw cut within 24 hours, cut at a 90-degree angle every five linear feet at a maximum of two inches deep, and filled with an asphaltic sealer.

_____

(b)

Wheelchair and handicapped ramps shall conform to the following exhibit:

STANDARD WHEELCHAIR AND HANDICAPPED RAMP

(1)

Expansion joints. Expansion joints are required every 50 linear feet, at a 90-degree angle, around any obstruction, and at all drive approaches and street returns. Expansion joint material shall be composed of three-quarter-inch expansion type material (no wood) that extends the full depth of the walk. Expansion material shall be trimmed flush with the surface of the sidewalk.

(2)

Scored joints. Scored joints shall be made every five linear feet at a 90-degree angle at a maximum of a two-inch depth.

(c)

Width. The width of permanent sidewalks and handicapped ramps in all residential subdivisions shall be a minimum of four feet, and sidewalks in commercial developments shall be a minimum of five feet in width.

(d)

Repair. In cases of repair, all sidewalks shall be replaced to the existing sidewalk width.

(e)

Corner lots. All corner lots shall have sidewalks installed on both street frontages.

(f)

Handicapped ramps at street intersections. At all corners of all street intersections, there shall be one handicapped ramp installed at the curbline.

(g)

Modification of existing sidewalk. Any property owner wishing to modify his sidewalk as originally installed must submit plans to the community development department in order to secure a permit to proceed.

(Code 1977, § 12.24.160)

It is unlawful for the owner or occupant of property abutting upon a sidewalk or sidewalk area to permit the sidewalk or sidewalk area adjacent to the property to become a hazard to persons using the sidewalk or sidewalk area.

(Code 1977, § 12.08.100)

No person shall construct, reconstruct, alter, repair, surface or resurface any sidewalk or handicapped ramp without first obtaining from the building inspector a permit to do so.

(Code 1977, § 12.24.090)

To obtain a permit as required by this division, the contractor or his authorized representative shall file with the building inspector an application in writing. Each application for a permit shall describe the abutting property adjacent to which the proposed work on public property is to be done, either by lot, block or tract and house number, location on the street or similar description. Each applicant shall give other reasonable information as shall be required.

(Code 1977, § 12.24.100)

The applicant for a permit under this division shall, in addition to filing an application therefor as provided in this division, pay to the building inspector a fee as set forth in section 42-102. No fee shall be required for a permit for placement, construction, reconstruction, alteration or repair of a sidewalk immediately adjacent to property which is exempt from taxation under the constitution of the state, or on property which the constitution authorizes the legislature to exempt from taxation.

(Code 1977, § 12.24.110)

The building inspector may require that a set of plans be furnished by the applicant for a permit under this division showing the location as to lot, size and placement of sidewalks and handicapped ramps, property lines, streets and other related information.

(Code 1977, § 12.24.120)

The application and plans filed by an applicant for a permit under this division shall be examined by the building inspector and/or community development director. Plans found to be in conformance with this article and other laws and ordinances applicable thereto will be approved and a permit issued upon payment of fees.

(Code 1977, § 12.24.130)

Each permit issued under this division shall expire and become null and void if the work authorized by such permit is not commenced within six months of the date of the permit or if the work authorized by the permit is suspended or abandoned after the expiration of the initial six-month period. No permit issued in violation of this article shall operate as granting any vested right, and upon discovery of any such violation of this article the permit shall be deemed to be null and void and confer no right whatsoever under it. Any work on sidewalks that is found to have been started without a permit shall be charged double for the permit.

(Code 1977, § 12.24.140)

This article is enacted to establish standards and requirements for contractors performing street cuts, borings or excavations in, on or under public rights-of-way and public easements and to provide funds necessary for the costs of administration, management, operation and maintenance, planning and engineering, construction and reconstruction of street cuts, borings and excavations in or under public rights-of-way and public easements and to protect the integrity of the road system and utility infrastructure. To achieve this purpose, it is necessary to establish licensing and permitting procedures and to fix and collect fees and charges.

(Ord. No. 1232, § 1, 8-3-2021)

As used in this article, the following words shall have the meanings given to them in this section except where the context clearly indicates and requires a different meaning.

Boring shall mean the construction technique used to install underground pipelines, conduits, cables or any other utility or facility along a predefined path using a surface-launched drilling rig.

Director shall mean the community development director or his or her designee.

Entire expense shall mean the total cost of repairing, replacing, correcting, completing and otherwise responding to the event or occurrence that caused the cost to be incurred, including, but not limited to, direct cost for paving or surfacing material, base or subbase, concrete, enclosures, fittings, equipment rental and administrative costs, and indirect costs for the loss of life of pavement or utility integrity on a long-term basis.

Excavate shall mean to disturb the ground or pavement in, on or under any public right-of-way or public easement, including, but not limited to, boring, trenching, digging, backfilling or other disturbance of the ground or pavement in, on or under any public right-of-way or public easement.

Licensed contractor shall mean any contractor who is licensed under this article to do street cuts, borings or excavations in, on or under any public right-of-way or public easement.

Public easement shall mean the area within the jurisdiction of the city that is in, on, under or above a public easement or public right-of-way and is used or designated by the city for use for the placement and provision of public utilities, including, but not limited to, water, sewer, electrical, gas and other public services. The term public easement shall not include grants of easements to the city for limited purposes, including, but not limited to, easements for placement of lift stations or other specific uses.

Public right-of-way shall mean the area within the jurisdiction of the city that is in, on, under or above a public roadway, highway, street, alley, sidewalk, or other public way.

Street cut shall mean a cut made in the ground or pavement of a public roadway, highway, street, alley, sidewalk, or similar public way, including trenching, backfill and paving.

(Ord. No. 1232, § 1, 8-3-2021)

Any person, firm or corporation violating any of the provisions of this chapter or failing to comply with any requirement herein is guilty of a violation of this Code and shall be punished as provided in section 1-8.

(Ord. No. 1232, § 1, 8-3-2021)

It shall be unlawful for any person other than the city to make any street cut, boring or excavation without first having obtained a license from the director.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

Applicants for licenses to make street cuts, borings or excavations shall meet one or more of the following requirements:

(1)

Provide proof of being licensed as a contractor by the state;

(2)

Provide proof of being a registered engineer; or

(3)

Provide proof to the director of the competence of the applicant to conduct street cut, boring or excavation work in the public right-of-way or public easement.

(b)

The applicant for a license shall furnish a bond in the amount of $10,000.00 executed by a surety company authorized to transact business in the state and approved by the city attorney. The bond shall be conditioned that the applicant will comply with all ordinances of the city relating to and regulating street cuts, borings, excavations and construction, that he will restore, or cause to be restored, with material of like kind and quality, all streets, sidewalks, utilities, paving, guttering and any other improvements of the city in any way damaged by the principal obligor in making the street cut, boring or excavation pursuant to license and permit granted in this chapter, that the principal obligor will restore, or cause to be restored, with material of like kind and quality, any damage to privately owned improvements or stationary objects within the city, and restore or pay reasonable damages for injury to shrubs, trees, grass, lawns and the like on privately owned property, or on parks, public rights-of-way and public easements owned or controlled by the city, and that the principal obligor will protect and save harmless the City of Mustang against any liability imposed by law on account of willful conduct or negligence on the part of the principal obligor in the performance of any street cut, boring or excavation pursuant to license or permit granted hereunder.

(1)

The bond shall be filed with and maintained by the city clerk.

(2)

The rights available to the city pursuant to the bond are in addition to all other rights and remedies available to the city. The exercise of any such rights shall not be construed to excuse or waive unfaithful performance or breach by the franchisee, or limit the liability of the franchisee to the city.

(c)

The applicant for a license shall maintain during the period of its license, at its own cost and expense, automobile insurance on all its vehicles, and general comprehensive liability insurance, insuring the applicant and the city, the council, its officers, private subcontractors, agents and employees, from and against all claims by any person whatsoever for loss, injury or damage to persons or property, both real and personal, occasioned or caused by any street cut, boring or excavation performed by the applicant within the city. The insurance shall provide amounts of coverage not less than the following:

General liability Insurance.

Bodily injury per person .....$1,000,000.00

Bodily injury per occurrence .....$2,000,000.00

Property damage per occurrence .....$500,000.00

Products-completed operations .....$2,000,000.00 (Aggregate limit)

Fire damage (any one fire) .....$50,000.00

This insurance shall include coverage for collapse and underground hazard, explosions coverage, and contractual liability.

Automobile insurance.

Bodily injury per person .....$1,000,000.00

Bodily injury per occurrence .....$2,000,000.00

Property damage per occurrence .....$500,000.00

This insurance shall include coverage for owned, non-owned and hired vehicles.

(d)

The director may accept satisfactory evidence of self-insurance in lieu of the above coverage.

(e)

The above-referenced certificate shall show that the insurance will not be canceled without 30 days' written notice to the city.

(f)

The licensee shall provide workers' compensation coverage as required by the laws of the state.

(g)

The licensee shall provide proof to the city of compliance with this section each time that a permit is sought by the applicant under this article.

(h)

If the licensee fails to maintain the insurance required in this section, the city may, at its option, obtain and keep such insurance in full force and effect. The licensee shall promptly reimburse the city for such insurance costs.

(i)

The provision of insurance required by this ordinance is not intended and shall not be construed to waive the city's liability limits under Oklahoma Governmental Tort Claims Act, as may be amended from time to time.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

The director may suspend or revoke a license when the licensee commits one or more of the following acts or omissions:

(1)

Fails to comply with the requirements of the Code.

(2)

Allows a license to be used by another person.

(3)

Creates, as a result of work performed, an unsafe condition.

(4)

Fails to obey a stop work order of the director.

(b)

When any of the acts or omissions outlined in subsection (a) above are committed by a licensee and the director deems that the license shall be suspended or revoked, the following process shall occur:

(1)

The director shall notify the licensee in writing by certified mail or personal service at least seven days prior to suspension or revocation.

(2)

Upon receipt of the notice, the licensee may request a hearing to show cause why the license should not be suspended or revoked. This request shall be in writing to the director and served on the director by certified mail or personal service within 30 days after the date the licensee received notice of suspension or revocation.

(3)

If a hearing is requested by the licensee, the director shall set a time, date and place and notify the licensee. Suspension or revocation of the license shall be stayed until after the hearing.

(4)

When a hearing is conducted, the licensee, the director, witnesses and other interested parties may attend. Upon completion of the hearing, the director shall take all evidence available as a result of the department's investigation and all evidence presented at the hearing under advisement and shall notify the licensee in writing of the findings and decision, including length of suspension or revocation if any, by certified mail or personal service.

(c)

If the director finds that cause exists for emergency suspension or revocation of a license, the director may enter an order for the immediate suspension of the license pending further investigation. The licensee may, upon notice of the suspension, request an immediate hearing before the director. The suspension or revocation is not stayed while the hearing is pending.

(d)

Time of suspension may be up to one year. Time of revocation may be up to five years.

(e)

The director may appoint a qualified member of the department to sit in his or her stead as hearing officer to conduct the hearing. Final decision shall be rendered by the director.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

It shall be unlawful for any person, firm or corporation to make a street cut, boring or excavation in any public right-of-way or public easement without first obtaining a written permit therefor from the director.

(b)

A permit to make a street cut, boring or excavation shall only be issued to a licensed contractor.

(c)

All applicants, before the issuance of the permit, shall submit the following to the director:

(1)

An application for a permit on forms furnished by the city;

(2)

Evidence that the applicant is not delinquent in payments due the city on prior work;

(3)

Evidence of all permits or licenses required to do the proposed work, if licenses or permits are required under the Code or laws of the state;

(4)

The dimensions, exact locations and additional information that the director may require regarding the work to be performed by the applicant;

(5)

A satisfactory plan of work showing protection of the subject property and adjacent properties;

(6)

A plan for the protection of any shade and ornamental trees and the restoration of any turf, pavement or other covering;

(7)

Evidence that all orders issued to correct deficiencies under previous permits issued under this article have been satisfied; and

(8)

Payment of the permit fee established under section 42-102;

(c)

The permit shall specify the period of time when the work shall be performed and if the work is not completed within the period specified a new permit shall be obtained.

(d)

No permit issued under the provisions hereof shall be for more than one street cut, boring or excavation project.

(e)

Excavations may be started by a licensed contractor prior to issuance of a permit when necessary for preservation of life or property, provided that the licensed contractor shall apply to the director for a permit on the first working day after such excavation is commenced. Even in emergency situations, notice of any excavation shall be given immediately to the city street maintenance group.

(f)

A street cut permit shall not be required for sidewalk, driveway, curb cuts, curb and gutter, curb ramps or cross-pan construction. All other applicable permits shall be required.

(Ord. No. 1232, § 1, 8-3-2021)

Permits issued under this article shall be available at the work site for inspection while the work is in progress.

(Ord. No. 1232, § 1, 8-3-2021)

The director shall keep a record of all applications made for permits issued by the city under this article.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

An administrative fee as set forth in section 42-102 shall be payable for any permit issued under this chapter.

(b)

The administrative fee for a permit to conduct a street cut, boring or excavation shall be doubled if work is commenced prior to obtaining a permit. Paying a double fee does not waive any other penalty. This subsection shall not apply to emergency excavations as provided in section 102-341(e).

(Ord. No. 1232, § 1, 8-3-2021)

(a)

All street cuts, borings and excavations performed in public rights-of-way and public easements shall be done in conformity with the Code and applicable state and federal law.

(b)

Street cuts, borings and excavations shall be made in accordance with the plans and specifications furnished by the applicant which:

(1)

Are prepared in accordance with accepted engineering standards;

(2)

Are adapted to the particular conditions of travel, load requirements, terrain, subsoil, moisture and other factors, including, but not limited [to], required backfill or repaving is to be performed; and

(3)

Are approved by the director.

(c)

Where a permit has been issued, or where an excavation has been commenced or made under subsection 102-341(e), the permittee shall notify the director of the time and date that expected backfilling of the site and replacement of any pavement will commence.

(1)

In the event the director determines that the permittee is not using acceptable backfill materials or procedures, or acceptable repaving materials or procedures, the director may order the suspension of all work at the site.

(2)

The director may require the permittee to furnish a soil test by a recognized soil testing laboratory or registered professional engineer specializing in soil mechanics in order to determine whether the backfill was adequately compacted. All expense of such tests shall be borne by the permittee, and surface repair shall not commence until the director is satisfied that the backfill has been restored to a density condition meeting the requirements of the rules and regulations of the Code or adopted by the director.

(3)

Where existing topsoil is deemed of insufficient quality, the manager may require the top six inches be replaced with new topsoil.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

In all cases the street cut, boring or excavation must be backfilled to grade immediately and, if not permanently repaired, temporarily patched. The permanent repair will be made at such time as the excavation backfill is stable. All work will be done in accordance with the established street standards of the city.

(b)

The backfill and any pavement or other covering of any street cut, boring or excavation will experience no subsidence for a period of five years following the completion and inspection and acceptance by the director.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

The permittee shall immediately notify the director in the event the permittee causes any damage to or interruption in service provided through any water, sewer, electrical, telephone, communications or other public service line or facility located in, on, under or above the public rights-of-way or public easement.

(b)

Any person who shall undertake work pursuant to a permit issued under provisions of this chapter, or work under contracts with the city, shall be answerable for any damage occasioned to persons, animals or property by reason of intentional acts, carelessness or negligence related to such work, including, but not limited to, the costs of repairing, replacing or otherwise restoring any damaged water, sewer, electrical, telephone, communications or other public service line or facility, shall bear the entire expense for any such damage, and shall indemnity and defend the city from all claims arising from work performed in, on, under or above the public right-of-way or public easement under this article.

(Ord. No. 1232, § 1, 8-3-2021)

(a)

It is the duty of the permittee making any street cut, boring or excavation to maintain substantial guard rails or barriers around any and all excavations, materials or obstructions made hereunder and which are exposed to the public and to comply with all safety requirements of the Code and state and federal law, and a similar guard rail or barrier shall be placed around any material contact with which would be injurious to pedestrians or to vehicles or their occupants.

(b)

It is the duty of any and all permittees to display and maintain lights with appropriate warning globes or flares during the whole of every night around and about all such excavations, materials or obstructions in or near to any public roadway, highway, street, alley, sidewalk or other public way. The lights shall be prominently displayed and shall be kept in a manner and so located that they shall be visible and readily noticeable by all persons traveling along, over or upon the public roadway, highway, street, alley, sidewalk or other public way where the work is being performed.

(c)

It shall be unlawful to damage, displace, remove or interfere with any barricade, warning light or any other traffic or pedestrian safety device which is lawfully placed around or about any public right-of-way or public easement in the city.

(Ord. No. 1232, § 1, 8-3-2021)

It shall be the duty of every person to furnish on request to the director information regarding the horizontal and vertical location in any public right-of-way or public easement within the city of any pipe or other structure installed, maintained or utilized by such person. At the request of the director, the location shall be shown on a scale drawing or survey to be provided by such person.

(Ord. No. 1232, § 1, 8-3-2021)