HomeMy WebLinkAbout2019-04-08-E01 Small Wireless Facility and AntennaTower ROW Siting PolicyAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 8, 2019
AGENDA ITEM:Consideration of approval of a resolution adopting Small Wireless Facility
and Antenna/Tower Right-of-Way Siting Policy
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: A recent Federal Communications Commission Order
requires that all local jurisdictions comply with various rules and
recommendations on the exercise of local aesthetic, zoning, public works, and
fee schedules when dealing with small cell (Small Wireless Facility)
installations. Communities have until April 15, 2019 to approve and publish
Small Wireless Facility regulation.
The proposed policy addresses the siting of Small Wireless Facility antennas
and towers in the City Right-of-Way as well as the fees that can be charged
and the requirements for installation of Small Wireless Facilities in the Right-
of-Way.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Resolution
II. Small Wireless Facility and Antenna/Tower Right-of-Way Siting Policy
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
E1
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING A POLICY ON THE REGULATION OF SMALL
WIRELESS FACILITY ANTENNA/TOWER SITING
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City of Waukee, herein after referred to as the City, is desirous of having a
well-managed right-of-way; AND,
WHEREAS, it is the desire of the City to encourage the development of an aesthetically
pleasing local environment; AND,
WHEREAS, it is the intent of the City to encourage the expansion of wireless
technology, as it provides a valuable service to City residents and businesses; AND,
WHEREAS, it is the City’s goal to encourage wireless providers to construct new
facilities disguised through techniques of camouflage design to enhance the aesthetics of
the local environment; AND,
WHEREAS, the City is desirous of regulating the installation of small wireless facilities
and setting minimum standards for wireless communication facilities; AND,
WHEREAS, the City wishes to establish requirements for siting and design of wireless
communication structures, facilities, and related utilities within the City’s right-of-way;
AND,
WHEREAS, Staff has drafted a Policy for Regulation of Small Wireless Facilities that
will result in an aesthetically pleasing local environment and a well-managed right-of-
ways,
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Small
Wireless Facility Antenna/Tower Siting Policy, dated April 8, 2019, be adopted by the City of
Waukee and all small cell facility permits approved after April 8, 2019, shall conform to this
policy.
Passed by the City Council of the City of Waukee, Iowa, and approved the 8th day of April,
2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
CITY OF WAUKEE
DEPARTMENT OF PUBLIC WORKS
RIGHT-OF-WAY MANAGEMENT
SECTION – Small Wireless Facilities
POLICY TITLE: Small Wireless Facility
Antenna/Tower Right-of-Way Siting
PURPOSE:
1.This policy has been established to define the general requirements for the
installation of small wireless facilities within the rights-of-way in the City of
Waukee, Iowa. The policy creates requirements for the siting and design of
wireless communication structures, facilities, and related utilities. As such the
provisions of this policy are intended to regulate and guide the installation of
small wireless facility antennas and related accessory structures on
infrastructure and to regulate and guide the installation of new communication
towers when needed. It is the desire of the City to encourage the development
of an aesthetically pleasing local environment. It is also the intent of the City to
guide, direct, and regulate the expansion of wireless technology, as it provides a
valuable service to City residents and businesses. It is not the City’s goal to
unreasonably discriminate among providers of functionally equivalent services
nor to have the effect of prohibiting, either directly or indirectly, the provisions
of small wireless services. It is the City’s goal to encourage wireless providers to
construct new facilities disguised through techniques of camouflage design, as
defined in this Policy. It is the intent of this Policy to achieve the following
objectives:
1)To minimize the adverse visual effects of communication structures
through careful design, siting, locating and screening.
2)To locate and engineer communications support structures in a manner
which minimizes potential damage to adjacent properties from structural
failure.
3)To allow for the reasonable location and efficient use of communication
structures through the co-location of carriers.
4)To allow for the equitable allocation of space within public rights-of-way.
2.The City currently regulates all wireless telecommunications facilities in the public
rights-of-way through a permit process as defined in the City’s Utility Permit
Application ordinance (Chapter 225)
3.A recent FCC Order requires that all local jurisdictions comply with various rules
and recommendations on the exercise of local aesthetic, zoning, public works,
and fee schedules when dealing with small cell (Small Wireless Facility)
installations. The FCC Order also concludes that local governments function as
regulators of their rights-of-way. The FCC’s Declaratory Rule and Third Order
Rights concluded that when local governments regulate, they do so as a
regulatory function. This section is supporting The Declaratory Ruling and Third
Order Rights view of local governments acting as regulators. Thus, Waukee, Iowa
is in clear need of policies that support their role as a regulator of their rights-of-
way.
4.The City recognizes its responsibilities under the federal Telecommunications Act
of 1996 and state law (Iowa Code Chapter 8C: Iowa Cell Siting Act) and believes
that it is acting consistent with Iowa Code Chapter 8C of the law in ensuring that
development activity does not endanger public health, safety, or welfare. The City
intends this Policy to ensure that the installation, augmentation and relocation of
small wireless facility installations in the public rights-of-way are conducted in
such a manner as to lawfully balance the legal rights of applicants under the
federal Telecommunications Act, and Iowa Code Chapter 8C with the rights,
safety, privacy, property and security of residents of the City.
5.This chapter is not intended to, nor shall it be interpreted or applied to: (1)
prohibit or effectively prohibit any wireless telecommunications service
provider's ability to provide wireless services; (2) prohibit or effectively prohibit
any entity's ability to provide any interstate or intrastate telecommunications
service; (3) unreasonably discriminate among providers of functionally equivalent
services; (4) deny any request for authorization to place, construct or modify
wireless telecommunications service facilities on the basis of environmental
effects of radio frequency emissions so long as such wireless facilities comply with
the FCC's regulations concerning such emissions; (5) prohibit any collocation or
modification that the City may not deny under federal or state law; or (6)
otherwise authorize the City’s to preempt any applicable federal or state law.
6.Based on the foregoing, the City of Waukee finds and determines that the
preservation of public health, safety and welfare requires that this Policy be
enacted and be effective immediately upon adoption.
POLICY:
A. Application for Permit:
An applicant must submit an application for a Utility Permit to install a Small
Wireless Facility, in, over or under Waukee City rights-of-way. Upon issuance of a
Utility Permit by the city, the applicant agrees to abide by the terms and conditions
of the Utility Permit agreement to be approved by the Public Works Department.
B.Permit Fee:
Before any Small Wireless Facility Utility Permit is issued, the applicant may be
required to pay a Utility Permit fee in accordance with a fee schedule established
from time to time and approved by the Public Works Department. The City reserves
the right to do a rate study at a future date to establish the Utility Permit Fee for a
Small Wireless Facility Utility Permit. Furthermore, the City, as a regulator, reserves
the right to apply annual rate fee increases.
(a)The City’s Utility Permit fee is established at $500.00 for an application
addressing no more than 5 Small Wireless Facilities and an additional $50.00 for
each additional Small Wireless Facility addressed in a single application. The fee
shall be adjusted every 5 years to reflect increases, or decreases, in the
consumer price index, rounded to the nearest five dollars.
(b)Three thousand dollars ($3,000) for an application for a new tower.
(c)The recurring annual fee permissible in the most current FCC regulations but not
less than $270 per Small Wireless Facility per year for all recurring fees,
including any possible ROW access fee or fee for attachment to municipally-
owned structures in the ROW. Said fee shall be payable by an applicant on the
anniversary date of application approval, and annually thereafter.
C.Definitions:
Authority Used as a noun, means a state, county, or city governing body, board, agency,
office or commission authorized by law to make legislative, quasi-judicial, or
administrative decision relative to an application.
Alternative Antenna Structure An existing pole or other structure within the public
rights-of-way that can be used to support an antenna and is not a utility pole or a City-
owned infrastructure.
Antenna means communications equipment that transmits and/or receives
electromagnetic radio frequency signals used in the provision of Wireless Services. This
definition does not apply to broadcast antennas, antennas designed for amateur radio
use, or satellite dishes for residential or household purposes.
Applicant means the person submitting an application.
Application means the process by which a person submits a request to perform
construction activity and/or indicates a desire to be granted permission in any way to
utilize the rights-of-way of all, or a part, of the City. An application includes all written
documentation, in whatever form or forum, made by a person to the City concerning:
the installation of any type of public improvements, public utility facilities, the
construction of a cable system or any type of information or telecommunications
system over, under, on or through the rights-of-way.
Attached wireless facilities are those affixed to a structure except optical fiber, wires,
coaxial cable and the mounting hardware used to attach optical fiber, wires, and coaxial
cable. Examples of attached facilities include but are not limited to antennas, telephone
boxes, power boxes, and other equipment boxes and cabinets on structures located on
the ground.
Base Station a structure other than a tower that supports or houses an antenna,
transceiver, or other associated equipment that constitutes part of a “base station” at
the time the relevant application is filed with the City, even if the structure was not built
for the sole or primary purpose of providing such support, but does not include
structures that do not at that time support or house base station components.
Camouflage Design Structures and associated equipment taking on the appearance of a
piece of art, a natural feature, an architectural structural component or other similar
element and which aesthetically blends with the surrounding building environment.
Examples of camouflage design include, but are not limited to: architecturally screened
roof-mounted antennas; antennas integrated into architectural elements; antennas
designed to look other than an antenna; antennas integrated into existing buildings,
sports field lights, highway signs, water towers, etc.; and towers designed to blend into
the surrounding environment or to look other than a tower, such as flag poles, trees,
clock towers, monuments, and church steeples. All such designs are subject to the
review and approval of the Public Works Department.
City-Owned Infrastructure Infrastructure in public rights-of-way within the boundaries
of the City, including, but not limited to, streetlights, traffic signals, towers, structures,
or buildings owned, operated or maintained by the City. The use of traffic signal poles
and mast arms by any utility is strictly forbidden.
Collocate means to install or mount a Small Wireless Facility in the Public ROW on an
existing Support Structure, an existing Tower, or on an existing Pole to which a Small
Wireless Facility is attached at the time of the Application. “Collocation” has a
corresponding meaning.
Collocated Small Wireless Facility Installation means a single telecommunication tower,
pole, mast, cable, wire or other structure supporting multiple antennas, dishes,
transmitters, repeaters, or similar devices owned or used by more than one public or
private entity.
A.A single ground or building mounted receive-only radio or television antenna
including any mast, for the sole use of the tenant occupying the residential
parcel on which the radio or television antenna is located; with an antenna
height no higher than the height of the poles and antennas in the surrounding
area;
B.A ground or building mounted citizens band radio antenna, including any mast,
if the height (post and antenna) does not exceed the height of the poles and
antenna in the surrounding area;
C.A ground or building mounted receive-only radio or television satellite dish
antenna, which does not exceed thirty-six inches in diameter, for the sole use of
the resident occupying a residential parcel on which the satellite dish is located;
provided the height of said dish does not exceed the height of the ridgeline of
the primary structure on said parcel.
D.Mobile services providing public information coverage of news events of a
temporary nature.
E.Hand-held devices such as cell phones, business-band mobile radios, walkie-
talkies, cordless telephones, garage door openers and similar personal-use
devices.
F.Government-owned and operated receive and/or transmit telemetry station
antennas for supervisory control and data acquisition (SCADA) systems for
water, flood alert, traffic control devices and signals, storm water, pump
stations and/or irrigation systems, with heights no higher than the height of the
poles and antennas in the surrounding area.
G.Telecommunication facilities, including multiple antennas, in compliance with
the applicable sections of this chapter, located on an industrial parcel and
utilized for the sole use and purpose of a research and development tenant of
said parcel, where it is found by the planning director to be aesthetically
compatible with the existing and surrounding structures
Communications Facility means collectively, the equipment at a fixed location or
locations within the Public ROW that enables Communications Services, including: (i)
radio transceivers, Antennas, coaxial, fiber-optic or other cabling, power supply
(including backup battery), and comparable equipment, regardless of technological
configuration; and (ii) all other equipment associated with any of the foregoing. A
Communications Facility does not include the Pole, Tower or Support Structure to which
the equipment is attached.
Communication Structure any communications tower, antenna, and related accessory
structure used in the transmission or reception of microwave energy, analog data
transfer techniques, radio frequency energy, and other digital data transfer techniques.
Communications Structure Site a tract or parcel of land that contains the wireless
communication structure, accessory building(s), on-site parking, and may include other
uses associated with and necessary for wireless communication and transmission.
Distribute Antenna System (DAS) A type of small wireless facility consisting of a
network of spatially separated antenna nodes connected to a common source via a
transport medium that provides wireless service within a geographic area. Generally,
serves multiple carriers.
Effectively Screen Ground mounted utility pedestals and equipment associated with
small wireless facilities shall be adequately screened from public view through the use
of a landscape treatment that provides year-round screening.
Eligible Facilities Request any request for modification of any existing wireless tower or
base station that involves (a) collocation of new transmission equipment; (b) removal of
transmission equipment; or (c) replacement of transmission equipment.
Eligible Support Structure any tower or base station, as defined in this section, provided
that it is existing at the time the relevant application is filed to the City.
Equipment Concealed Whenever technically feasible, antennas, cabling, and equipment
shall be fully concealed within a Pole, or otherwise camouflaged to appear to be an
integrated part of a Pole.
Facilities means any and all equipment, structures, materials or tangible components
located in the rights-of-way and used to provide a service, including without limitation:
all plants, whether inside or outside, fiber strands or optic lines, electronic equipment,
amplification equipment, optic equipment, transmission and distribution structures,
antennas of any type, lines, termination equipment, pipes, poles, ducts, mains, conduits,
inner ducts, regenerators, repeaters, underground lines, vaults, manholes, pull boxes,
splice closures, wires and cables, and all other like equipment, fixtures and
appurtenances used in connection with transmitting, receiving, distributing, offering,
and/or providing such service. Facilities shall include, as the context dictates, wireless
telecommunication facilities, as defined herein.
Height means maximum height of the small wireless facility, including antenna, above
established grade measured at the base of the structure
Landscape Screening The installation at grade of plantings, shrubbery, bushes, or other
foliage intended to screen the base of a small wireless facility from public view.
Lattice Tower an antenna support tower that is self-supporting with multiple legs and
cross-bracing of structural steel
License Area Locations in city zones where small wireless facilities are permitted to be
installed and operated pursuant to the requirements of this policy.
Major Wireless Telecommunications Facility means telecommunication towers, poles
or similar structures greater than 50 feet in height, including accessory equipment such
as transmitters, repeaters, microwave dishes, horns, and other types of equipment for
the transmission or receipt of such signals, as well as support structures, equipment
buildings and parking areas.
Micro Wireless Facility means a small wireless facility with dimensions no larger than
twenty-four inches in length, fifteen inches in width, and twelve inches in height and
that has an exterior antenna, if any, that is no more than eleven inches in length.
Minimum Height- the lowest vertical distance at which the structure can still operate at
an efficient level of service. An efficient level of service is deemed to be 95% or greater
of possible service levels.
Modification Includes collocation, removal, or replacement of an antenna or any other
transmission equipment associated with the supporting structure.
Monopole A structure composed of a single spire, pole or tower designed and used to
support antennas or related equipment and that is not a utility pole, an alternative
antenna structure, or a City-owned infrastructure.
Provider means any person including a franchisee who is providing or is in the process
of seeking permission to provide a service to citizens of the City through the placement
of facilities or structures either owned or leased in and thereby occupying the rights-of-
way, as defined herein.
Replacement exchanging of transmission equipment; not to include the structure on
which the equipment is located.
Rights-of-way or ROW means the surface and space above and below any real property
in which the City has a real property interest and/or which have been dedicated to the
public or is hereafter dedicated to the public and maintained under public City or by
others at the direction of the public City and located within the City including, but not
limited to, public: streets, roadways, highways, avenues, lanes, alleys, bridges,
sidewalks, easements, public ways and similar public property and areas.
Signage Signage is prohibited on all small wireless facilities and wireless support
structures, including stickers, logos, and other non-essential graphics and information
unless required by the FCC, except for a small placard identifying the service provider
and contact information, which shall be placed at 6-feet above grade, facing away from
the public rights-of-way.
Small Wireless Facility(ies) are low powered antennas that provide cellular and data
coverage to small geographic areas supplementing the larger cellular network. It
includes all equipment required for the operation and maintenance of radio-frequency
communications systems that transmit and/or receive signals but are not "major
wireless telecommunications facilities," including antennas, electronics, and other types
of equipment required for the transmission or receipt of such signals.
Alternatively, Small Wireless Facility means either of the following:
(a)Micro wireless facilities that are no larger in dimension than twenty-four (24)
inches in length, fifteen (15) inches in width, and twelve (12) inches in height
and that have an exterior antenna, if any, of no more than eleven (11) inches in
length; or
(b)A wireless service facility where each antenna is located inside an enclosure of
no more than 6 cubic feet in volume and where primary equipment enclosures
associated with the small wireless facility is cumulatively no more than twenty-
eight cubic feet in volume and shall be placed underground unless it is integrally
incorporated inside the customary pole structure or base.
For purposes of this subparagraph volume shall be measured by the external
displacement of the primary equipment enclosure, not the internal volume of each
enclosure. An associated electric meter, concealment, telecommunications,
demarcation box, ground-based enclosures, battery backup power systems, grounding
equipment, power transfer switch, cutoff switch, cable, conduit and any equipment that
is concealed from public view within or behind an existing structure or concealment may
be located outside of the primary equipment enclosure and shall not be included in the
calculation of the equipment volume.
For the purposes of this chapter, a small wireless facility does not include the following:
A.Wireline backhaul facility, which shall mean a facility used for the transport of
communications data by wire from wireless facilities to a network.
B.Coaxial or fiber optic cables that are not immediately adjacent to or directly
associated with a particular antenna or collocation.
C.Underlying vertical infrastructure, which shall mean poles or similar facilities
owned or controlled by the City that are in the public rights-of-way or public
utility easements and meant for, or used in whole or in part for,
communications service, electric service, lighting, traffic control, or similar
functions
Small Wireless Facility Installation means all equipment required for the operation and
maintenance of so-called "small cell" wireless communications systems that transmit
and/or receive signals but are not "Major Telecommunications Facilities," including
antennas, microwave dishes, power supplies, transformers, electronics, and other types
of equipment required for the transmission or receipt of such signals.
Stealth Facility Any commercial wireless communications facility that is designed to
blend into the surrounding environment by means of screening, concealment, or
camouflage. The antenna and supporting antenna equipment are either not readily
visible beyond the property on which they are located, or, if visible, appear to be part of
the existing landscape or environment rather than identifiable as a wireless
communications facility. Stealth facilities may be installed, but such installation methods
are not limited to, undergrounding, partially undergrounding and landscaping.
Structure means anything constructed or erected with a fixed location below, on, or
above grade, including, without limitation, service cabinets, junction boxes, foundations,
fences, retaining walls, awnings, balconies, and canopies.
Structure Height the vertical distance measured from the base of the antenna support
structure at grade to the highest point of the structure. If the support structure is on a
sloped grade, then the average between the highest and lowest grades of the cell site
shall be used in calculating the height.
Telecommunications Pedestal or Pedestal means a ground-level housing for a passive
connection point for underground cables. Technicians require access to connection
points. Pedestals are used for CATV (known as a cable box in such a situation),
telephone, PONS, and other telecommunications systems. A pedestal is generally a
sheet metal or plastic housing that encloses a passive termination block. The pedestal is
usually about 3 feet high and has a diameter of less than one foot, with a circular,
rectangular, oval, or "rounded rectangle" cross-section. The pedestal either has an
access panel or removable housing.
Tower Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including self-supporting lattice towers, guy towers,
or monopole towers, and that is not a utility pole, an alternative antenna structure, or a
City-owned infrastructure. Except as otherwise provided for by this Policy, the
requirements for a tower and associated antenna facilities shall be those required in this
Policy.
Utility Pole an upright pole or similar structure owned and utilized in a whole or in part
by a public utility, municipality. It is designed and used to support electric cables,
telephone cables, telecommunication cables, cable service cables, which are used to
provide lighting, traffic control, signage, or a similar function.
Variance or Variation A grant of relief by the Public Works Director or his/her designee.
Wi-Fi Antenna An antenna used to support Wi-Fi broadband Internet access service
based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable
communication between devices.
D. Standards and Regulations:
Small Wireless Facilities will be permitted to be placed in right-of- way within the
jurisdiction of the City as attachments to existing utility poles, alternative antenna
structures, or City-owned infrastructure subject to the following regulations.
A.Aesthetics. A small wireless facility shall reasonably match the aesthetics of an
existing utility pole or wireless support structure in the area that incorporates
decorative elements. Furthermore, a small wireless facility will allow retroactive
aesthetic or placement requirements.
B.Number Limitation and Co-Location. The Public Works Director or his/her
designee may regulate the number of small wireless facilities allowed on each
utility pole or unit of City-owned infrastructure. This Policy does not preclude or
prohibit co-location of small wireless facilities on towers or monopoles that
meet the requirements as set forth elsewhere in this section or as required by
federal law.
C.Separation and Clearance Requirements for Existing Decorative Poles. Small
wireless facilities may be attached to a utility pole, alternative antenna
structure, monopole, or City-owned infrastructure including decorative only
where such pole, structure or infrastructure is located evenly behind the curb.
This supports The FCC Order that creates a One-Touch-Make-Ready (“OTMR”)
regiment for pole attachments.
D.Separation and Clearance Requirement New Small Wireless Facilities. For new
small wireless facilities between existing decorative street lights no closer than
a distance equal to one hundred (100) per cent of the height of such facility to
any residential building and no closer than Five Hundred (500) feet from any
other small wireless facility for each carrier. A new small wireless facility shall
be installed on the nearest lot line and not in front of the building or structure
on the lot. A separation or lesser clearance may be allowed by the Public Works
Director or his/her designee as an administrative variance to this Policy when
the Applicant establishes that the lesser separation or clearance is necessary to
close a significant coverage or capacity gap in the Applicant's services or to
otherwise provide adequate services to customers, and the proposed antenna
or facility is the least intrusive means to do so within the right-of-way.
E.City-Owned Infrastructure. The City’s preference is that Small Wireless
Facilities be installed on non-City-owned infrastructure. If the facility is
attached to City-owned infrastructure then the Small Wireless Facilities can
only be mounted to City-owned infrastructure including, but not limited to,
streetlights or towers, if authorized by a Utility Permit or other agreement
between the owner and the City.
F.Construction Requirements. All Small Wireless Facility installations shall
comply with the following:
1.Construction signing shall comply with the Manual on Uniform Traffic
Control Devices.
2.A permanent warning tape shall be placed one (1) foot above all
underground utility lines.
3.Residents along the utility route shall have uninterrupted access to the
public roads. An all-weather access shall be maintained for residents
adjacent to the project.
4.Any needed lane closures on arterial or major collector roadways shall
not start before 9:00 A.M. and end no later than 3:00 P.M. Lane closures
must be approved by The City with appropriate lane closure details. A
minimum of 48-hours of notice shall be given to the City before
scheduled lane closure.
5.Small Wireless Facilities shall be installed on non-decorative
facilities/poles wherever possible.
6.Once new pole designs have been approved in an area, all providers shall
use the same pole design.
7.Installations shall foster an aesthetically pleasing environment, prevent
visual blight, protect and preserve public safety and general welfare, and
maintain the character of residential and nonresidential areas consistent
with the adopted plans and compliance of applicable State and Federal
legislation.
8.All damaged areas within the R.O.W. shall be repaired and restored to at
least its former condition by the applicant or the cost of any repair work
caused to be performed by the City will be assessed against the applicant.
9.All disturbed or damaged ROW turf shall be sodded, hydro-seeded, or
seeded with erosion mat as soon as work is completed.
i.Areas shall be maintained by the permittee until satisfactory
growth is established. Permittee shall water all sodded or seeded
areas until established growth and signed off by the City.
10.Areas disturbed during construction which present an erosion problem
shall be solved by the applicant in a manner approved by the City.
11.Cable, pipe line, and tile line crossing paved roads shall be constructed as
follows: Utilities designated by the City which cross under the roadway
shall be placed in casings so that the pipe may be removed for repair
without disturbing the subgrade. The casing shall be adequate strength,
and of sufficient length to extend 2 feet beyond each edge of the
surfaced roadway. On paved roads, cable casings may be placed through
the sub-grade by jacking, or by boring a hole just large enough to take the
line. All open excavations near pavement shall be of sufficient distance
from pavement to prevent soil collapses resulting in undermining of
pavement.
12.On roads not paved, an open trench may, upon approval of the City, be
dug and the cable, pipeline, or tile line placed therein, and the trench
backfilled over the line. All backfilling of tunnels and trenches shall be
thoroughly compacted in layers of 6” or less in depth. Backfilling of
trenches within the R.O.W. shall be tamped sufficiently to avoid
settlement. All work shall be one in a workmanlike manner, and the
ground left in a neat condition, satisfactory to the City in charge.
13.It will be the responsibility of the Permittee to work with property
owners to identify location of any existing lawn irrigation system within
the public right of way. Any damage to these systems is the responsibility
of the Permittee to repair.
14.All overhead utilities shall be placed at a distance of two (2) feet inside
the R.O.W. line unless specifically approved otherwise by the City.
15.Installations shall maintain a minimum distance of 15 feet from existing
trees in the ROW.
16.Only equipment necessary for the installation of Small Wireless Facilities
can sit on the right of way. Large trucks must stay on a hard surface at all
times. No equipment can be left on the right of way overnight.
17.Work cannot take place during City snow/ice operations.
18.All work shall conform to the minimum Iowa Statewide Urban Design and
Specifications, City of Waukee Standard Specifications for Public
Improvements, and criteria set forth herein.
19.The utility owner must be a participating member of and in good standing
with the Iowa One-Call System.
20.The applicant must provide an on-site project manager for large scope
projects (e.g. Citywide overbuild, several City blocks of conduit/fiber to
be installed, more than five wireless facility installations, etc.)
21.If there is a joint utility trench (JUT) present along a roadway corridor, the
applicant must use this JUT if a conduit(s) is available.
22.Utilities shall include governmentally owned and operated utilities or
infrastructure approved for installation in the City rights or way pursuant
to an agreement between the City and any such governmental entity; any
utility operating pursuant to a franchise agreement with the City; and any
utility that provides utility service to the residents of the City for
compensation. Any utilities occupying the City Right of Way shall comply
with the requirements of this chapter, other requirements imposed by
federal, state and local law, including, but not limited, to zoning laws
governing the right of way, or adjacent property, as well as any
agreements between the City and any such utility. Utility infrastructure
installed in the rights of way shall not pose an unreasonable safety risk to
motorists, pedestrians or the public as determined by the public works
director, in the City’s sole discretion.
G.New Towers. A new monopole shall be installed on the nearest lot line and not
in front of the building or structure on the lot. No new monopole or other tower
to support small wireless facilities shall be installed in rights-of-way, that
exceeds the height of surrounding existing poles, within the jurisdiction of the
Waukee, Iowa unless the Public Works Department finds, based on clear and
convincing evidence provided by the applicant, that locating the small wireless
facilities on the rights-of-way is necessary to close a significant coverage or
capacity gap in the Applicant’s services or to otherwise provide adequate
services to customers, and the proposed new monopole or other tower within
the rights-of-way is the least intrusive means to do so.
H.Attachment Limitations. No small wireless telecommunication antenna or
facility within the rights-of-way will be attached to a utility pole, alternative
antenna structure, tower, or City-owned infrastructure unless all of the
following conditions are satisfied:
a.Surface Area of Antenna: The small wireless telecommunication
antenna, including antenna panels, whip antennas or dish-shaped
antennas, cannot have a surface area of more than six (6) cubic feet in
volume.
b.Size of Above-Ground Small Wireless Facility: The total combined
volume of all above-ground equipment and appurtenances comprising a
small wireless facility, exclusive of the antenna itself, cannot exceed
twenty-eight (28) cubic feet.
c.Small Wireless Facility Equipment: No equipment or appurtenances are
to be installed at grade; they must be installed below grade. Pedestals at
grade are allowed. In the event that the operator of a small wireless
facility proposes to install a facility where equipment or appurtenances
are to be installed at grade, screening must be installed to minimize the
visibility of the facility. Screening must be installed at least three (3) feet
from the equipment installed at-grade and eight (8) feet from a roadway.
d.Height: The top of the highest point of the antenna cannot extend higher
than the highest point of the pole this includes the utility pole, alternative
antenna support structure, tower or City-owned infrastructure. If
necessary, the replacement or new utility pole, alternative support
structure or City-owned infrastructure located within the public rights-of-
way may not be higher than existing poles adjacent to the replacement
or new pole or structure.
e.Color: A small wireless facility, including all related equipment and
appurtenances, must be a color that blends with the surroundings of the
pole, structure tower or infrastructure on which it is mounted and use
non-reflective materials which blend with the materials and colors of the
surrounding area and structures. Any wiring must be covered with an
appropriate cover.
f.Antenna Panel Covering: A small wireless facility antenna must include
a radome, cap or other antenna panel covering or shield, to the extent
such covering would not result in a larger or more noticeable facility and,
if proposed, such covering must be of a color that blends with the color
of the pole, structure, tower or infrastructure on which it is mounted.
g.Wiring and Cabling: Wires and cables connecting the antenna to the
remainder of the facility must be installed in accordance with the
electrical code currently in effect. No wiring and cabling serving the
facility will be allowed to interfere with any wiring or cabling installed by
a cable television or video service operator, electric utility or telephone
utility.
h.Grounding: The small wireless facility must be grounded in accordance
with the requirements of the electrical code currently in effect in the City.
i.Guy Wires: No guy or other support wires will be used in connection
with a small wireless facility unless the facility is to be attached to an
existing utility pole, alternative antenna support structure, tower or City-
owned infrastructure that incorporated guy wires prior to the date that
an applicant has applied for a permit.
j.Pole Extensions: No pole extensions to utility poles, alternative support
structures, towers and City-owned infrastructure are allowed.
k.Structural Integrity: The small wireless facility, including the antenna,
and all related equipment must be designed to withstand a wind force
and ice loads in accordance with applicable standards established in
Chapter 25 of the National Electric Safety Code for utility poles, Rule
250-B and 250-C standards governing wind, ice, and loading forces on
utility poles, in the American National Standards Institute (ANSI) in
TIA/EIA Section 222-G established by the Telecommunications Industry
Association (TIA) and the Electronics Industry Association (EIA) for steel
wireless support structures and the applicable industry standard for
other existing structures. For any facility attached to City-owned
infrastructure or, in the discretion of the City, for a utility pole, tower, or
alternative antenna structure, the operator of the facility must provide
the City with a structural evaluation of each specific location containing a
recommendation that the proposed installation passes the standards
described above. The evaluation must be prepared by a professional
structural engineer licensed in the State of Iowa.
l.Signage. Other than signs required by federal law or regulations or
identification and location markings, installation of signs on a small
wireless facility is prohibited.
m.Screening. If screening is required, it must be natural landscaping
material or a fence subject to the approval of the City and must comply
with all regulations of the City. Appropriate landscaping must be located
and maintained and must provide the maximum achievable screening, as
determined by the City, from view of adjoining properties and public or
private streets. Notwithstanding the foregoing, no such screening is
required to extend more than six (6) feet in height. Landscape screening
when permitted in the rights-of-way must be provided with a clearance
of three (3) feet in all directions from the facility. The color of housing for
ground-mounted equipment must blend with the surroundings. For a
covered structure, the maximum reasonably achievable screening must
be provided between such facility and the view from adjoining properties
and public or private streets.
I.Permission to Use Utility Pole or Alterative Antenna Structure. The operator
of a small wireless facility must submit to the City written copies of the
approval from the owner of a utility pole, monopole, or an alternative antenna
structure, to mount the small wireless facility on that specific pole, tower, or
structure, prior to issuance of the City permit.
J.Licenses and Permits. The operator of a small wireless facility must verify to
the City that it has received all concurrent licenses and permits required by
other agencies and governments with jurisdiction over the design, construction,
location and operation of said facility have been obtained and will be
maintained within the corporate limits of the City.
The City reserves the right to deny any future projects with the Licensee if the
General Terms and Conditions or Special Provisions of this License have not
been satisfied.
K.Abandonment and Removal. Any small wireless facility located within the
corporate limits of the City that is not operated for a continuous period of
twelve (12) months, shall be considered abandoned and the owner of the
facility must remove same within thirty (30) days of receipt of written notice
from the City notifying the owner of such abandonment. Such notice shall be
sent by certified or registered mail, return-receipt-requested, by the City to such
owner at the last known address of such owner. In the case of small wireless
facilities attached to City owned infrastructure, if such facility is not removed
within thirty (30) days of such notice, the City may remove or cause the removal
of such facility through the terms of the applicable license agreement or
through whatever actions are provided by law for removal and cost recovery.
L.Relocation of facilities. At any time, subsequent to installation of a Small
Wireless Facilities and related equipment or poles, at the owner, or their
successor in interest’s own expense, modify, relocate or remove such Small
Wireless Facilities and related equipment as may become necessary, in the City’s
sole discretion, to accommodate any maintenance, public improvement project,
or reconstruction of City property, infrastructure, utilities or equipment to
conform to, and accommodate, such undertaking by the City. The relocation,
modification. The owner shall complete the relocation, modification and/or
removal necessary to accommodate the completion of any such project by the
City no later than 60 days after written notice by the City, or at the time specified
in the notice, whichever is last to occur.
M.Emergency Action. in the event of an emergency, that the City becomes aware
of an emergency involving, directly, or indirectly, a Small Wireless Facility the
City shall contact the owner of the small wireless facility at issue and provide the
owner with a reasonable opportunity, given the nature of the emergency, to
alleviate such emergency or participate with the City to make any repairs
necessary to alleviate such emergency. If the owner of the small wireless facility
does not respond in a timely manner, as determined by the authority or public
utility given the nature of the emergency, the authority or public utility may
remove or make alterations to the small wireless facility as necessary to ensure
public safety. For purposes of this subsection, “emergency” means exigent and
extraordinary circumstances under which the physical or electrical failure of a
utility pole, wireless support structure, or small wireless facility threatens
imminent physical harm to persons or there is a substantial likelihood of
imminent and significant harm to property.
N.NOISE AND EMISSION STANDARDS.
a.Noise. The incorporation of ambient noise suppression measures is
required and/or it is required to place the equipment in locations less
likely to impact adjacent residences or businesses to ensure compliance
with all applicable noise regulations. The maximum allowable noise
emitted by the Small Wireless Facility shall not exceed 30 dB measured at
a distance of 3 feet from any portion of the facility.
The only exception is during emergencies or periodic routine
maintenance which requires the use of a back-up generator, where the
noise standards may be exceeded temporarily.
b.Emissions. The Federal Telecommunications Act of 1996 gives the FCC
sole jurisdiction to regulate radio frequency emissions. Facilities that
meet the FCC standards shall not be conditioned or denied on the basis
of emissions impacts. Applicants for tower sites shall be required to
provide information on the projected power density of the facility and
how this meets the FCC standards.
O.New Technologies Should, within the term of any lease, developments within
the field for which the grant was made to the holder of the lease, present the
opportunity to the holder of the lease to be more effective, efficient and
economical through the use of a substance or material other than those for
which the lease was originally made, the holder of the lease may petition the
City Council which, with such requirements or limitations as it deems necessary
to protect public health, safety and welfare, may allow the use of such
substances under the terms and conditions of the lease.
P.Safety Requirements
a.Prevention of failures and accidents. Any Person who owns a Small
Wireless Facility and/or Wireless Support Structure sited in the ROW shall
at all times employ ordinary and reasonable care and install and maintain
in use industry standard technology for preventing failures and accidents
which are likely to cause damage, injury, or nuisance to the public.
b.Compliance with fire safety and FCC regulations. Small Wireless Facilities,
wires, cables, fixtures, and other equipment shall be installed and
maintained in substantial compliance with the requirements of the
National Electric Code, all FCC, state, and local regulations, and in such
manner that will not interfere with the use of other property.
c.Changes in state or federal standards and regulations. If state or federal
standards and regulations are amended, the owners of the Small Wireless
Facilities and/or Wireless Support Structures governed by this chapter
shall bring any facilities and/or structures into compliance with the revised
standards and regulations within six months of the effective date of the
standards and regulations, unless a different compliance schedule is
mandated by the regulating agency. Failure to bring Small Wireless
Facilities and/or Wireless Support Structures into compliance with any
revised standards and regulations shall constitute grounds for removal at
the owner's expense.
d.Indemnification Any Person who owns or operates Small Wireless
Facilities or Wireless Support Structures in the ROW shall indemnify,
protect, defend, and hold the City and its elected officials, officers,
employees, agents, and volunteers harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees to include
reasonable attorney fees and costs of defense, proceedings, actions,
demands, causes of action, liability and suits of any kind and nature,
including personal or bodily injury or death, property damage or other
harm for which recovery of damages is sought, to the extent that it is
caused by the negligence of the Operator who owns or operates Small
Wireless Facilities and wireless service in the ROW, any agent, officer,
director, representative, employee, affiliate, or subcontractor of the
Operator, or their respective officers, agents, employees, directors, or
representatives while installing, repairing, or maintaining facilities in the
Rights-of-Way.
e.Surety bond or equivalent financial tool for cost of removal. All owners
must procure and provide to the City a bond, or must provide proof of an
equivalent financial mechanism, to ensure compliance with all provisions
of this chapter. The bond must be maintained for as long as the owner
has Small Wireless Facilities and/ or Wireless Support Structures located
in the ROW. The bond or equivalent financial method must specifically
cover the cost of removal of unused or Abandoned Small Wireless
Facilities and/ or Wireless Support Structures or damage to City property
caused by an Operator or its agent of each Small Wireless Facility and/ or
Wireless Support Structure in case the City has to remove or pay for its
removal. Two acceptable alternatives to a bond include a funds set-aside
and a letter of credit.
f.Permit and Assignment. The owner/applicant shall continuously
maintain accurate email, mail and telephone contact information
provided in conjunction with its application and any approved permit. It
shall be the responsibility of the owner/applicant for a permit to notify
the City immediately in the event of any changes in contact information.
The permit may not be assigned without the approval of the City. In the
event that an owner, applicant or permittee seeks to assign an
application or permit to another party it must first request approval by
the City, and any proposed assignee shall submit all information required
under all applicable policies, and accept the terms and conditions of such
permit prior to approval by the City of any such assignment.
Q.Severability The various parts, sentences, paragraphs, Sections and clauses of
this Chapter are hereby declared to be severable. If any part, sentence,
paragraph, Section or clause is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this Chapter shall not be affected
thereby.
Conflict of Laws
Where the conditions imposed by any provisions of this Chapter regarding the siting
and installation of small wireless facilities are more restrictive than comparable
conditions imposed elsewhere in any other local law, policy, resolution, rule or
regulation, the regulations of this Policy will govern.
Date of Policy: 04/05/2019 Revised:
Approved by Council: 04/08/2019