A. Design Standards: The design and location of the wireless facility and utility pole or support structure shall comply with all standards adopted by the city.
B. Structural Load Analysis: The application shall include an industry-standard pole load analysis indicating that the structure on which the wireless facilities will be mounted will safely support the load. If a small wireless facility cannot be safely installed on the respective structure, applicant shall either replace the structure with a compliant structure of the same type, or propose a new location.
1. The height of a structure with an attached wireless facility, including the wireless facility, shall be the minimum height needed for the operation of the wireless facility.
2. In no event shall the maximum height of a new or modified utility pole with an attached wireless facility, including the wireless facility, exceed fifty feet (50') above the public way.
3. Where wireless facility equipment is permitted on the outside of a utility pole, it shall be placed higher than eight feet (8') above the public way, unless otherwise permitted by city.
D. Decorative Poles: If necessary to collocate a wireless facility on a decorative pole, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetics of the displaced decorative pole and meets the requirements of this section, including the design standards.
E. Undergrounding: The city may require a wireless facility to be placed underground as permitted by Utah Code Annotated section 54-21-207, or its successor.
F. Historic Districts And Design Districts: In order to maintain the character of a historic district and/or conservation district all wireless facilities and new structures in such a district must employ screening, concealment, camouflage, or other stealth techniques to minimize visual impacts, and comply with all requirements and obtain all approvals as required by law as permitted by Utah Code Annotated section 54-21-208, or its successor. Wireless facilities and new structures must be architecturally integrated with existing buildings, structures and landscaping, including considerations of height, color, style, placement, design and shape.
G. Insurance And Bonding: A wireless provider will be responsible for carrying and maintaining insurance and bonds as may be required in the master license agreement or otherwise by the city and in connection with obtaining a permit.
H. Indemnity: A wireless provider shall indemnify, save harmless, and defend city, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys’ fees, arising out of or in connection with such provider’s wireless facilities or use of the public way, unless and to the extent caused by the city’s negligence.
I. Electrical Service: A wireless provider will be solely responsible for establishing electrical power services for its wireless facilities and for the payment of all electrical utility charges to the applicable electric service provider based upon applicable tariffs. A wireless provider shall obtain a building permit for installation of such electrical service as required by the city.
J. Residential Zones: A wireless provider may not install a new utility pole in a public way adjacent to a single-family lot, other multifamily residences, or undeveloped land that is designated for residential use by zoning or deed restrictions, if the curb to curb measurement of the street is sixty feet (60') wide or less as depicted on the official plat records or other measurement provided with the application, unless city has given prior written consent.
K. Inspections: All wireless facilities and wireless provider-owned structures shall be maintained by the wireless provider in a clean and good condition, free of graffiti, rusting, excessive dirt, and peeling paint. The city shall have the authority to conduct inspections of the wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this chapter.
L. Compliance With Law: All wireless facilities must at all times comply with all applicable federal, state, and local building codes and safety codes and regulations, including any requirement to obtain an excavation permit prior to any excavation. To the extent this chapter conflicts with other provisions of city ordinances, this chapter shall control. All wireless facilities and structures shall be constructed and installed to manufacturer’s specifications. A wireless provider shall obtain one (1) or more FCC licenses, as required by the FCC, to operate its wireless facilities.
M. Hazardous Materials: A wireless provider shall not possess, use, generate, release, discharge, store, dispose of, or transport any hazardous materials on, under, in, above, to, or from any public way except in compliance with all applicable environmental laws and preapproved by city. Wireless provider shall promptly reimburse city for any fines or penalties levied against city because of wireless provider’s failure to comply with environmental laws.
N. Tree Trimming: A wireless provider may trim trees overhanging the public way to prevent the branches of such trees from coming in contact with the wireless facilities only with permission and under the direction of the city’s urban forester and at the wireless provider’s expense.
O. Additional Requirements: Wireless facilities will be subject to any additional requirements set forth in the applicable master license agreement and permit. A wireless provider shall notify the city no less than ten (10) days before performing any routine maintenance, the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size, or the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles. (Ord. 2020-02-005 § 1, 2-2-2020)