HomeMy WebLinkAboutOrdinances 19-09-402 - 09/09/2019 - Regulations of Small Wireless Facilities/antennas' STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.19-09-402
AN ORDINANCE TO ADOPT REGULATIONS OF SMALL
WIRELESS FACILITIES AND ANTENNAS IN THE
PUBLIC RIGHT OF WAY FOR THE CTIY OF MILTON,
GEORGIA
BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular Council
meeting on September 9, 2019 at 6:00 PM as follows:
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations
for the protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets,
sidewalks, and other public places; and
WHEREAS, in the interests of the health, safety, and general welfare of the citizens of the
' City, the Mayor and Council desire to exercise their authority to adopt an ordinance regulating
small cell technology in the public right of way; and
WHEREAS, appropriate notice and hearing on the ordinance contained herein have been
carried out according to general and local law.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS,
as follows:
Section 1. The language attached hereto as Exhibit A and incorporated herein by
reference as if fully set forth herein is hereby adopted and approved and shall be codified as Article
XI in Chapter 48 of the Code of Ordinances.
Section 2. All other ordinance shall continue in full force and effect and shall remain
unaffected, except where such ordinance, or part thereof, conflicts herewith, in which case such
ordinance, or part thereof, is hereby repealed.
Section 3. It is the express intent of the Mayor and City Council that this Ordinance be
consistent with both federal and state law. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions
or applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared severable.
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Section 4. This Ordinance shall become effective upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton, Georgia.
SO ORDAINED this the 9th day of September 2019, the public's health, safety, and
welfare demanding it.
Attest:
C'iry Clerk
L
Approved:
Joe loc ood or
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SMALL WIRELESS FACILITIES AND ANTENNAS ORDINANCE
DIVISION I
PURPOSE AND COMPLIANCE
Section 1.1 O.C.G.A. § 32-4-92(a)(10) authorizes the City of Milton, Georgia (the
"City") to establish reasonable regulations for the installation, construction, maintenance, renewal,
removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other
signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads
of the City. Further, 47 U.S.C. § 253(c) provides that the City has authority to manage its public
rights of way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A.
Title 36, Chapter 66C (the "SWFAA"), addresses the placement of small wireless facilities in the
public rights of way of the City.
Section 1.2 The City finds it is in the best interest of the City and its residents and
businesses to establish requirements, specifications reasonable conditions regarding placement of
small wireless facilities, poles in the public rights of way. These requirements, specifications and
conditions are adopted in order to protect the public health, safety and welfare of the residents and
businesses'of the City and to reasonably manage and protect the public rights of way and its uses
in the City.
Section 1.3 The objective of this Ordinance is to (i) implement the SWFAA and (ii)
ensure use of the public rights of way is consistent with the design, appearance and other features
of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not
harm residents' quality of life.
DIVISION II
DEFINITIONS
Section 1.4 As used in this Ordinance, the following terms have the following
meanings:
(a) "Antenna" means: (i) communications equipment that transmits, receives,
or transmits and receives electromagnetic radio frequency signals used in the provision of
wireless services or other wireless communications; or (ii) Communications equipment
similar to equipment described in part (i) used for the transmission, reception, or
transmission and reception of surface waves. Such term shall not include television
broadcast antennas, antennas designed for amateur radio use, or satellite dishes for
residential or household purposes.
(b) "Applicable Codes" means uniform building, fire, safety, electrical,
plumbing, or mechanical codes adopted by a recognized national code organization to the
extent such codes have been adopted by the State of Georgia or the City or are otherwise
' applicable in the City.
(c) "Applicant" means any person that submits an application.
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' (d) "Application" means a written request submitted by an applicant to the City
for a permit to: (i) collocate a small wireless facility in a right of way; or (ii) install, modify,
or replace a pole or decorative pole in a right of way on which a small wireless facility is
or will be collocated.
(e) "Authority Pole" means a pole owned, managed, or operated by or on behalf
of the City. Such term shall not include poles, support structures, electric transmission
structures, or equipment of any type owned by an electric supplier.
(f) "Collocate" or "Collocation" means to install, mount, modify, or replace a
small wireless facility on or adjacent to a pole, decorative pole, or support structure..
(g) "Communications Facility" means the set of equipment and network
components, including wires and cables and associated equipment and network
components, used by a communications service provider to provide communications
services.
(h) "Communications Service Provider" means a provider of communications
services.
(i) "Communications Services" means cable service as defined in 47 U.S.C. §
522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service
as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019; or
' wireless services.
0) "Consolidated Application" means an application for the collocation of
multiple small wireless facilities on existing poles or support structures or for the
installation, modification, or replacement of multiple poles and the collocation of
associated small wireless facilities.
(k) "Decorative Pole" means an authority pole that is specially designed and
placed for aesthetic purposes.
(1) "Electric Supplier" means any electric light and power company subject to
regulation by the Georgia Public Service Commission, any electric membership
corporation furnishing retail service in this state, and any municipality which furnishes
such service within this state.
(m) "Eligible Facilities Request"means an eligible facilities request as set forth
in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019.
(n) "FCC" means the Federal Communications Commission of the United
States.
(o) "Fee" means a one-time, nonrecurring charge based on time and expense.
' (p) "Historic District" means: (i) any district, site, building, structure, or object
included in, or eligible for inclusion in, the National Register of Historic Places maintained
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by the secretary of the interior of the United States in accordance with Section VI.D.I.a.i-
v of the Nationwide Programmatic.Agreement codified by 47 C.F.R. Part 1; (ii) any area
designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia
Historic Preservation Act; or (iii) any area designated as a historic district or property by
law prior to April 26, 2019.
(q) "Law" means and includes any and all federal, state, or local laws, statutes,
common laws, codes, rules, regulations, orders, or ordinances.
(r) "Micro Wireless Facility" means a small wireless facility not larger in
dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an
exterior antenna, if any, no longer than 11 inches.
(s) "Permit" means a written authorization, in electronic or hard copy format,
required to be issued by the City to initiate, continue, or complete the collocation of a small
wireless facility or the installation, modification, or replacement of a pole or decorative
pole upon which a small wireless facility is collocated.
(t) "Person" means an individual, corporation, limited liability company,
partnership, association, trust, or other entity or organization, including an authority.
(u) "Pole" means a vertical pole such as a utility, lighting, traffic, or similar
pole made of wood, concrete, metal, or other material that is lawfully located or to be
located within a right of way, including without limitation a replacement pole and an
authority pole. Such term shall not iinclude a support structure, decorative pole, or electric
transmission structure.
(v) "Rate" means a recurring charge.
(w) "Reconditioning Work" means the activities associated with substantially
painting, reconditioning, improving, or repairing authority poles.
(x) "Replace," "Replacement" or "Replacing" means to replace a pole or
decorative pole with a new pole or a new decorative pole, similar in design, size, and scale
to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it
existed on January 1, 2019, in order to address limitations of, or change requirements
applicable to, the existing pole to structurally support the collocation of a small wireless
facility.
(y) "Replacement Work" means the activities associated with replacing an
authority pole.
(z) "Right of Way" means, generally, property or any interest therein, whether
or not in the form of a strip, which is acquired for or devoted to a public road; provided,
however, that such term shall apply only to property or an interest therein that is under the
' ownership or control of the City and shall not include property or any interest therein
acquired for or devoted to an interstate highway or the public rights, structures, sidewalks,
facilities, and appurtenances of buildings for public equipment and personnel used for or
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' engaged in administration, construction, or maintenance of public roads or research
pertaining thereto or scenic easements and easements of light, air, view and access.
(aa) "Small Wireless Facility" means radio transceivers; surface wave couplers;
antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and
comparable and associated equipment, regardless of technological configuration, at a fixed
location or fixed locations that enable communication or surface wave communication
between user equipment and a communications network and that meet both of the
following qualifications: (i) each wireless provider's antenna could fit within an enclosure
of no more than six cubic feet in volume; and (ii) all other wireless equipment associated
with the facility is cumulatively no more than'28 cubic feet in volume, measured based
upon the exterior dimensions of height by width by depth of any enclosure that may be
used. The following types of associated ancillary equipment are not included in the
calculation of the volume of all other wireless equipment associated with any such facility:
electric meters; concealment elements; telecommunications demarcation boxes; grounding
equipment; power transfer switches; cut-off switches; and vertical cable runs for
connection of power and other services. Such term shall not include a pole, decorative
pole, or support structure on, under, or within which the equipment is located or collocated
or to which the equipment is attached and shall not include any wireline backhaul facilities
or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles,
decorative poles, or support structures or that is not otherwise immediately adjacent to or
directly associated with a particular antenna.
' (bb) "State" means the State of Georgia.
(cc) "Support Structure" means a building, billboard, water tank, or any other
structure to which a small wireless facility is or may be attached. Such term shall not
include a decorative pole, electric transmission structure, or pole.
(dd) " Wireless Infrastructure Provider" means any person, including a person
authorized to provide telecommunications services in this state, that builds, installs, or
operates small wireless facilities, poles, decorative poles, or support structures on which
small wireless facilities are or are intended to be used for collocation but that is not a
wireless services provider.
(ee) "Wireless Provider" means a wireless infrastructure provider or a wireless
services provider.
(ff) "Wireless Services" means any services provided to the public using
licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or
mobile.
(gg) "Wireless Services Provider" means a person that provides wireless
services.
(hh) "Wireline Backhaul Facility" means an aboveground or underground
wireline facility used to transport communications data from a telecommunications
demarcation box associated with small wireless facility to a network.
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Section 1.5 In the event that any federal or state law containing definitions used in this
Ordinance is amended, the definition in the referenced section, as amended, shall control.
DIVISION III
PERMITS
Section 1.6 A permit is required ito collocate a small wireless facility in the public right
of way or to install, modify, or replace a pole or a decorative pole in the public right of way. A
permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).
Section 1.7 Any person seeking to collocate a small wireless facility in the public right
of way or to install, modify, or replace a pole or a decorative pole in the public right of way shall
submit an application to the Public Works Department for a permit. Applications are available
from the Public Works Department. Any material change to information contained in an
application shall be submitted in writing to the Public Works Department within thirty (30) days
after the events necessitating the change.
Section 1.8 Any person who intends to submit an application to the City pursuant to this
Ordinance shall meet with the Public Works Department at least thirty (30) days prior to submitting
an application for a permit. The purpose of such meeting shall be to inform the City, in good faith,
when the applicant expects to commence deployment of small wireless facilities and poles within
the City, the number of small wireless facilities and poles it expects to deploy during the twenty-
four (24) months after commencement, and the expected timing of such deployments.
Section 1.9 Each application shall be submitted by the applicable wireless, provider or
its duly authorized representative and shall contain the following:
(a) The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant;
(b) The names, addresses, telephone numbers, and email addresses of all
consultants, if any, acting on behalf of the applicant with respect to filing the application;
(c) A general description of the proposed work and the purposes and intent of
the proposed facility. The scope and detail of such description shall be appropriate to
the nature and character of the physical work to be performed, with special emphasis on
those matters likely to be affected or impacted by the physical work proposed;
(d) Detailed construction drawings regarding the proposed use of the right of
way;
(e) To the extent the proposed facility involves collocation on a pole or support
structure, a structural report performed by a duly licensed engineer evidencing that the pole
or support structure will structurally support the collocation (or that the pole or support
structure may and will be modified to meet structural requirements) in accordance with
' applicable codes;
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' (f) For any new aboveground facilities, visual depictions or representations if
not included in the construction drawings;
(g) Information indicating the horizontal and approximate vertical location,
relative to the boundaries of the right of way, of the small wireless facility for which the
application is being submitted;
(h) If the application is for the installation of a pole, a certification that complies
with O.C.G.A. § 36-66C-6(k);
(i) If the small wireless facility will be collocated on a pole or support structure
owned by a third party, a certification that the wireless provider has permission from the
owner to collocate on the pole or support structure; and
0) If the applicant is not a wireless services provider, a certification that a
wireless services provider has requested in writing that the applicant collocate the small
wireless facilities or install, modify or replace the pole or decorative pole at the requested
location
Section 1.10 Each application for a permit shall include the maximum application fees
permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees
shall automatically increase on January I of each year beginning January 1, 2021, as provided
under O.C.G.A. § 36-66C-5(b).
' Section 1.11 The Public Works Department shall review applications for permits
according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-
66C-13.
Section 1.12 Applications for permits shall be approved unless the requested collocation
of a small wireless facility or the requested installation, modification, or replacement of a pole or
decorative pole:
(a) Interferes with the operation of traffic control equipment;
(b) Interferes with sight! lines or clear zones for transportation or pedestrians;
(c) Fails to comply withdhe Americans with Disabilities Act, 42 U.S.C. Section
12101, et seq., or similar Laws of general applicability regarding pedestrian access or
movement;
(d) Requests that ground -mounted small wireless facility equipment be located
more than seven and a half (7.5) feet in radial circumference from the base of the pole,
decorative pole or support structure to which the small wireless facility antenna would be
attached, provided that the City shall not deny the application if a greater distance from the
base of the pole, decorative pole or support structure is necessary to avoid interfering with
' sight lines or clear zones for transportation or pedestrians or to otherwise to protect public
safety;
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(e) Fails to comply with applicable codes;
(f) Fails to comply with the maximum limitations set forth in DIVISION V of
this Ordinance of O.C.G.A. § 36-66C-7(h) or (i);
(g) With respect to an application to install a pole or decorative pole, interferes
with the widening, repair, reconstruction, or relocation of a public road or highway by an
City or the Department of Transportation that has been advertised for bid and scheduled
for completion within six months after the application is filed;
(h) With respect to an application to install a pole or decorative pole, interferes
with a public works construction project governed by Chapter 91 of Title 36 which is
advertised for bid and scheduled for completion within six months after the application is
filed;
(i) Fails to comply with O.C.G.A. § 36-66C-10, O.C.G.A. § 36-66C-11, or
O.C.G.A. §.36-66C-12;
0) Fails to comply with laws of general applicability addressing pedestrian and
vehicular traffic and safety requirements; or
(k) Fails to comply with laws of general applicability that address the
occupancy or management of the right of way and that are not otherwise inconsistent with
this Ordinance.
Section 1.13 For applications for new poles in the public right of way in areas zoned for
residential use, the Public Works Department may propose an alternate location in the public right
of way within 100 feet of the location set forth in the application, and the wireless provider shall
use the Public Works Department's proposed alternate location unless the location imposes
technical limits or significant additional costs. The wireless provider shall certify that it has made
such a determination in good faith, based on the assessment of a licensed engineer, and it shall
provide a written summary of the basis for such determination.
Section 1.14 A permit issued under this 0 shall authorize such person to occupy the public
rights of way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure
that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a
decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify; or replace a
pole or decorative pole for collocation of a small wireless facility that does not exceed the
limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).
Section 1.15 Upon the issuance of a permit under this Ordinance, and on each
anniversary of such issuance, every person issued a permit shall submit to the City the maximum
annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that
if such person removes its small wireless facilities form the public rights of way pursuant to
O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual
' payment based on the number of days of occupation since the last annual payment. Upon making
such pro rata payment and removal of the small wireless facilities, the person's annual payment
obligations under this section shall cease as of the date of the actual removal. The maximum
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' annual payments shall automatically increase on January 1 of each year beginning January 1, 2021,
as provided under O.C.G.A. § 36-66C-5(b).
Section 1.16 Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-
66C-5(a)(6) and (a)(7), as applicable.
Section 1.17 The City may revoke a permit issued pursuant to this 0 if the wireless
provider or its equipment placed in the public right of way under that permit subsequently is not
in compliance with any provision of this Ordinance or the Georgia Streamlining Wireless Facilities
and Antennas Act. Upon revocation, the City may proceed according to Section 1.18.
Section 1.18 If a wireless provider occupies the public rights of way without obtaining a
permit required by this 0 or without complying with the SWFAA, then the City may, at the sole
discretion of the City, restore the right of way, to the extent practicable in the reasonable judgment
of the City, to its condition prior to the unpermitted collocation or installation and to charge the
responsible wireless provider the reasonable, documented cost of the City in doing so, plus a
penalty not to exceed $1,000.00. The City may suspend the ability of the wireless provider to
receive any new permits from the City under this 0 until the wireless provider has paid the amount
assessed for such restoration costs and the penalty assessed, if any; provided, however, that the
City may not suspend such ability of any applicant that has deposited the amount in controversy
in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
Section 1.19 All accepted applications for permits shall be publicly available subject to
the limitations identified in O.C.G.A. § 36-66C-6(c).
Section 1.20 An applicant may file a consolidated application related to multiple small
wireless facilities, poles or decorative poles so long as such consolidated application meets the
requirements of O.C.G.A. § 36-66C-13.
Section 1.21 Activities authorized under a permit shall be completed within the timelines
provided in O.C.G.A. § 36-66C-7(k)(2).
Section 1.22 Issuance of a permit authorizes the applicant to: (i) undertake the
collocation, installation, modification or replacement approved by the permit and (ii) operate and
maintain the small wireless facilities and any associated pole covered by the permit for a period of
ten (10) years.
Section 1.23 Permits shall be renewed following the expiration of the tern identified in
Section 1.22 upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(3).
Section 1.24 If an application fora permit seeks to collocate small wireless facilities on
authority poles in the public rights of way, then the City shall, within 60-days of receipt of the
completed application: (i) provide a good faith estimate for any make-ready work necessary to
enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that
the wireless provider will be required to perform the make-ready work. Any make-ready work
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performed by the City shall be completed pursuant to and in accordance with the provisions of
O.C.G.A. § 36-66C-7(n).
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DIVISION IV
REMOVAL; RELOCATION; !RECONDITIONING; REPLACEMENT;
ABANDONMENT
Section 1.25 A person may remove its small wireless facilities from the public rights of
according to the procedures of O.C.G.A. § 36-66C-5(e).
Section 1.26 In the event of a removal under Section 1.25, the right of way shall be, to
the extent practicable in the reasonable judgment of the City, restored to its condition prior to the
removal. If a person fails to return the right of way, to the extent practicable in the reasonable
judgment of the City, to its condition prior,to the removal within 90 days of the removal, the City
may, at the sole discretion of the City, restore the right of way to such condition and charge the
person the City's reasonable, documented cost of removal and restoration, plus a penalty not to
exceed $500.00. The City may suspend the ability of the person to receive any new permits under
0 until the person has paid the amount assessed for such restoration costs and the penalty assessed,
if any; provided, however, that the City will not suspend such ability of any person that has
deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute
by a court of competent jurisdiction.
Section 1.27 If, in the reasonable exercise of police powers, the City determines: (i) a
pole or support structure unreasonably interferes with the widening, repair, reconstruction, or
relocation of a public road or highway, or (ii) relocation of poles, support structures, or small
wireless facilities is required as a result of a public project, the wireless provider shall relocate
such poles, support structures, or small wireless facilities pursuant to and in accordance with the
provisions of O.C.G.A. § 36-66C-7(1). If the wireless provider fails to relocate a pole, support
structure or small wireless facility or fails to provide a written good faith estimate of the time
needed to relocate the pole, support structure or small wireless within the time period prescribed
in O.C.G.A. § 36-66C-7(1), the City make take the actions authorized by O.C.G.A. § 36-66C-7(o),
in addition to any other powers under applicable law.
Section 1.28 The City shall recondition and replace authority poles consistent with the
provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with
reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).
Section 1.29 A wireless provider must notify the City of its decision to abandon any small
wireless facility, support structure or pole pursuant to and in accordance with the provisions of
O.C.G.A. § 36-66C-7(p)(1). The wireless;provider shall perform all acts and duties identified in
O.C.G.A. § 36-66C-7(p) regarding abandonment. The City may take all actions and exercise all
powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other
powers under applicable law.
DIVISION V
STANDARDS
1 Section 1.30 Small wireless facilities and new, modified, or replacement poles to be used
for collocation of small wireless facilities may be placed in the public right of way as a permitted
use: (i) upon a receipt of a permit under 0; (ii) subject to applicable codes; and (iii) so long as such
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small wireless facilities and new, modified, or replacement poles to be used for collocation of
small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).
(a) New, modified, or replacement poles installed in the right of way in a
historic district and in an area zoned primarily for residential use shall not exceed 50 feet
above ground level.
(b) Each new, modified, or replacement pole installed in the right of way that
is not in a historic district or in an area zoned primarily for residential use shall not exceed
the greater of-
(i) Fifty feet above ground level; or
(ii) Ten feet greater in height above ground level than the tallest existing
pole in the same public right of way in place as of January 1, 2019, and located
within 500 feet of the new proposed pole; -
(c) New small wireless facilities in the public right of way and collocated on an
existing pole or support structure shall not exceed more than ten feet above the existing
pole or support structure.
(d) New small wireless facilities in the public right of way collocated on a new
or replacement pole under Section 1.30(a) or Section 1.30(b) may not extend above the top
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of such poles.
Section 1.31 Unless it is determined that another design is less intrusive, or placement is
required under applicable law, small wireless facilities shall be concealed as follows:
(a) Antennas located at the top of poles and support structures shall be
incorporated into the pole or support structure, or placed within shrouds of a size such that
the antenna appears to be part of the pole or support structure;
(b) Antennas placed elsewhere on a pole or support structure shall be integrated
into the pole or support structure or be designed and placed to minimize visual impacts.
(c) Radio units or equipment cabinets holding radio units and mounted on a
pole shall be placed as high as possible, located to avoid interfering with, or creating any
hazard to, any other use of the public rights of way, and located on one side of the pole.
Unless the radio units or equipment cabinets can be concealed by appropriate traffic
signage, radio units or equipment cabinets mounted below the communications space on
poles shall be designed so that the largest dimension is vertical, and the width is such that
the radio units or equipment cabinets are minimally visible from the opposite side of the
pole on which they are placed.
(d) Wiring and cabling shall be neat and concealed within or flush to the pole
' or support structure, ensuring concealment of these components to the greatest extent
possible.
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' Section 1.32 Notwithstanding any provision of this Ordinance to the contrary, an
applicant may collocate a small wireless facility within a historic district, and may place or replace
a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit
under 0 and (ii) compliance with applicable codes.
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Section 1.33 Notwithstanding any provision of this Ordinance to the contrary, an
applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative
pole with a new decorative pole, in the event the existing decorative pole will not structurally
support the attachment, only upon satisfaction of the following: (i) issuance of a permit under 0
and (ii) compliance with applicable codes.
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