Belmont Municipal Code Art. VIII Personal Wireless Services Facilities in the Right-of-Way

This Article regulates the siting, installation and maintenance of personal wireless services facilities in public rights-of-way including streets, highways and public service easements as defined in Streets and Highways Code Division 9, Part 3, Chapter 1.

(Ord. No. 2021-1159, 11-23-21)

(a) The definitions in BCC Section 35-102 apply to this article unless the context clearly indicates otherwise.

(b) Unless the context clearly indicates otherwise, the italicized terms in this section when used in this article have the meanings specified in this section.

(Ord. No. 2021-1159, 11-23-21)

(a) No person may deploy or maintain personal wireless facilities within the scope of this article without first obtaining approval of the permits required by Section 22-204 and complying with the conditions of those permits and the applicable requirements herein.

(b) This article applies to new Facilities and proposed modifications to existing Facilities that have not received a building permit as of the effective date of this section.

(c) This article does not apply to the deployment or maintenance of Micro Wireless Facilities that are suspended, whether embedded or attached, on communication cables strung between utility poles, such that they are not Readily Visible from the ground, or indistinguishable from ordinary cables in compliance with building and safety codes.

(Ord. No. 2021-1159, 11-23-21)

(a) Personal wireless facilities (WF) right-of-way (R) permits. This subsection applies to Facilities other than Small Wireless Facilities located in the right-of-way.

(1) New Facility. Deployment and operation of a Facility on a new structure or an existing structure that does not currently support Antenna Equipment requires a WF-R Siting permit.

(2) Less Than Substantial Changes. An eligible facilities request that does not substantially change the physical dimensions of a Tower or Base Station may be added to a WF-R Siting permit with a WF-R Modification permit.

(3) Substantial Changes. An eligible facilities request that substantially changes the physical dimensions of a Tower or Base Station requires a use permit modification which is processed the same as a new siting permit.

(b) Small personal wireless facilities (SWF) right-of-way (R) permits.

(1) New Facility. Deployment and operation of a Small Wireless Facility on a new structure or an existing structure that does not currently support Antenna Equipment requires a SWF-R Siting permit.

(2) Modifications. Modification of Small Wireless Facilities that result in Facilities that continue to meet the definition of Small Wireless Facilities requires a SWF-R Modification permit. Modifications that result in Facilities that no longer meet the definition of Small Wireless Facilities require a WF-R Siting permit.

(c) Pre-submittal conference. Permit Applicants are strongly encouraged to schedule and attend a voluntary pre-submittal conference with City staff before submitting an application. The pre-submittal conference is intended to foster cooperative discussion between Applicants and staff, identify potentially avoidable issues and generally streamline the application review process.

(d) Applications. Applications for permits under this article must comply with the submittal requirements of this article and include such other information the city engineer may require on the application form as reasonably necessary to administer this Article in accordance with law.

(e) Approval Authority. The approval authority for WF-R and SWF-R permits is the city engineer in consultation with the zoning administrator. Permit decisions of the city engineer may be appealed to the city manager. Entitlement determinations must be in writing and made within timeframes compliant with federal statute, FCC orders and regulations, and state law.

(f) Project notice. Applications for all WF-R Siting permits and SWF-R permits in residential areas must mail notice of the project to property owners within 200 feet of a project site. The notice must include the location of the project site, a site plan, and elevations or photo-simulations of the proposed project as presented in a complete application and any other information deemed pertinent by the zoning administrator. Notice must be provided within 10 days of an application or a modified application determined or deemed complete.

(g) Appeals. A final permit determination by the city engineer may be appealed to the city manager as provided in this section.

(1) Review by the city manager does not require a public hearing and is made on the basis of the written record. Matters not raised in writing, supported by citation to facts and law, and timely submitted concurrently with the notice of appeal may not be considered. City manager decisions are final as to the city.

(2) Denials of SWF and Eligible Facilities Requests are without prejudice.

(3) Appeals will be considered in a manner consistent with Section 1455 of United States Code Title 47, related Federal Communications Commission (FCC) "shot clock" regulations, and applicable state law permit streamlining requirements.

(h) Fees. Application review fees are not refundable.

(i) Waivers.

(1) This subsection provides a procedure for an Applicant to request a waiver of a development or performance standard that is technically infeasible or that complying with would render the requirements of the standard or this article inconsistent with state or federal law.

(2) The Applicant bears the burden to timely request a waiver and demonstrate with clear and detailed evidence the facts necessary to make the finding in subsection (3).

(3) The review authority must grant the waiver if one or more of the following findings can be made:

(A) Enforcement of the existing development or performance standard is impossible due to technical infeasibility, which has been reasonably demonstrated to the decision maker by the applicant, typically by information or explanation provided by a licensed Engineer.

(B) Enforcement of the existing development or performance standard would result in the effective prohibition of wireless telecommunication services.

(C) Enforcement of the existing development or performance standard would unreasonably discriminate among providers of functionally equivalent services.

(D) The reviewing authority in consultation with the city attorney determines that enforcement of the performance or development standard under the circumstances presented in the request would be inconsistent with State or Federal law or State or Federal regulations.

(Ord. No. 2021-1159, 11-23-21)

(a) Form. Applications for permits under this article must be made on the appropriate form approved by the city engineer for the permit type.

(b) Completeness. A permit application is not complete unless the Applicant has provided all information required by this section and the application form, submitted all required application materials including detailed justification for any requested waivers, concurrently applied for all other required city permits including building and encroachment permits, and paid all applicable application fees.

(b) Compliance verification. An Application must include a sworn statement entitled "Compliance Verification" signed by the Applicant or by the Applicant's authorized agent or representative, stating that the applicant is a telephone corporation in good standing holding a certificate of public necessity and convenience from the California Public Utility Commission (CPUC) authorizing the proposed deployment and holds all other applicable licenses or other approvals required by the Federal Communications Commission (FCC), CPUC, and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility. This requirement includes compliance with all conditions imposed in conjunction with such federal and state licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of the proposed Antennas, Antenna Equipment including Equipment Cabinets, and related Facilities, and engineering calculations demonstrating that the proposed Facility will comply with all applicable FCC and CPUC requirements and standards.

(c) Facility information. Applicants must submit the following information in hardcopy with an Application for all permits. Six copies are required.

(1) Map and Inventory of Proposed Sites.A map of the proposed site(s) including photographs of any existing structure proposed as part of a facility. The map must show all land uses within 300 feet of proposed facilities.

(2) Photo Simulations of Facility and Associated Equipment.Photo simulations showing the placement of the proposed Facility. The proposed location and treatment of the Facility and any Associated Equipment must comply with the aesthetic requirements described in this article. The simulation must show:

(A) where each Antenna Facility is proposed to be placed,

(B) where the Antenna Equipment is proposed to be located,

(C) how the Antenna Equipment will be camouflaged to comply with the requirements of this section, and

(D) any street furniture.

(3) Drawings and Plans. A site plan, improvement plans, details and elevations drawn to scale that identify the proposed Structure and Antenna Equipment placement for each Facility. Elevations must include all Structures on which Facilities are proposed to be located. All proposed Structures, including Antenna Equipment must be drawn to scale on the elevations, and emergency signage must be shown.

(4) Camouflage or matching methods. A description of Camouflaging Elements and methods proposed to minimize the visual impact of a non-stealth designed Facility or portions thereof and all Antenna Equipment, and colors and materials specifications.

(5) Identify all Antenna Equipment. Plans depicting all Antenna Equipment required for the Facility, including, but not limited to, emergency generators, air conditioning equipment, cables, and power sources.

(6) Noise report. A Noise Report may be required when air conditioning or cooling units and any other equipment that may emit noise that would be audible from 50 feet beyond the source is included as part of the project. The reports shall include a noise assessment, acoustical design for noise control and noise compliance certification.

(7) Radio Frequency (RF) Report, or Exemption Documentation. A Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report, prepared by a qualified electrical engineer, or documentation that the radio frequency (RF) source qualifies for an exemption from environmental assessment under 47 CFR § 1.1307(b)(3) and complies with any required mitigation actions under 47 CFR § 1.1307(b)(4). The RF-EME Report models proposed wireless facility installations to determine RF-EME exposure levels from existing and proposed wireless communications equipment at a particular site. The report summarizes the results of RF-EME modeling in relation to relevant Federal Communications Commission (FCC) Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures.

(8) Stealth Design. For stealth designs only, a detailed description of the stealth concept, the concealment elements, the portions of the Facility incorporating the stealth design, and identification of any portions of the antenna equipment not incorporated in the stealth design.

(d) Other Permit Applications. Concurrent submission of complete building permit and encroachment permit applications including fees.

(e) SWF and Eligible Facilities. In addition to the information and submissions required by subsection (c), Applications for small personal wireless facilities and Section 6409 eligibility facility requests must include:

(1) An affirmative statement that the application meets the definition of one or both of these type of facilities;

(2) Reference to specific graphics, schematics and plan pages that demonstrate compliance with standards for small personal wireless facilities or Section 6409 eligibility facilities or both, as applicable.

(f) PG&E pole attachments. For projects on a PG&E utility pole, the application must include a statement whether the applicant proposes any deviations from the city's attachment standards and identify the deviations on drawing details. The application must demonstrate how any such deviations are necessary for compliance with PG&E requirements identified by PG&E in CPUC General Order 95.

(g) Attachments to City Structures. An applicant proposing to collocate on a city structure in the right-of-way must provide the following:

(1) Structural analysis. An analysis or report prepared by a qualified engineer demonstrating that the pole or other structure proposed for installation meets or exceeds such City standards, and that the proposed installation would not interfere or harm the structural integrity or standards of the structure, including, but not limited to, safety and load bearing capability for the proposed Wireless Facility.

(2) Master License Agreement. A previously approved master license agreement (MLA) for locating on city-owned right-of-way structures.

(Ord. No. 2021-1159, 11-23-21)

(a) General findings. The following findings are required for approval of all permits.

(1) The applicant is a telephone corporation in good standing holding a certificate of public necessity and convenience from the California Public Utility Commission authorizing the proposed deployment and has presented evidence it owns or has obtained the necessary rights or permissions to use any proposed support structure.

(2) The proposed project would not violate any applicable building, electrical, structural or fire code, or any other law, regulation, rule or prior condition of approval based on objective factors and reasonably related to public health or safety.

(3) If Antenna Equipment is collocating on an existing structure, including a collocation on an existing Tower or Base Station, all regulatory approvals required for the initial construction and any later modifications to the existing structure were properly obtained and are currently valid.

(4) If Antenna Equipment is collocating on an existing structure that is not a Tower or Base Station, the structure as modified by the project complies with all previous conditions of approval, as may be amended.

(5) The applicant has provided either:

(A) a radio frequency (RF) report prepared by an engineer certifying that the Facility, including the proposed project, would not exceed human exposure limitations established by the FCC, or,

(B) documentation that the radio frequency (RF) source qualifies for an exemption from environmental assessment under 47 CFR § 1.1307(b)(3) and complies with any required mitigation actions under 47 CFR § 1.1307(b)(4).

(6) If the facility is located adjacent to any property within an Historic District or that is a Historic Resource under the California Public Resources Code, that it has been designed and sited to avoid any adverse effect on the historic character of the building, structure, or site, and will not affect its eligibility for designation.

(7) The manner and location of the deployment will not incommode the public use of the right-of-way.

(8) The manner and location of the deployment and will not impair or conflict with state or federal disability access standards.

(9) The proposed project meets the performance standards identified in Section 22-210.

(10) The proposed project meets the design standards identified in Section 22-211.

(11) If the project includes a waiver or modification of a design or performance standard, the proposed waiver or modification is consistent with the purposes of this article and will be the least intrusive technically feasible means of meeting the provider's coverage objectives.

(b) SWF-R siting permits. The reviewing authority must issue a small personal wireless facility right-of-way siting permit if it makes the findings in subsection (a) and the following findings.

(1) The proposed facilities are small wireless facilities.

(2) If the deployment is unsightly or out of character with its surrounds, the Applicant has provided substantial evidence unrebutted by more persuasive evidence that:

(A) the deployment is the only reasonable means of accomplishing the Applicant's coverage objectives based on a demonstrated lack of technically feasible alternative locations and methodologies that are less impactful; and,

(B) all technically feasible methods that will result in practical reduction of the aesthetic impacts of the Facility are included in the project.

(Ord. No. 2021-1159, 11-23-21)

(a) The following Table identifies preferred and discouraged locations for WF and SWF located in the Right-of-Way and ranks them in order from the top (most preferred/discouraged) to bottom (less preferred/discouraged).

(b) To the extent feasible, Applicants should locate new Facilities and substantial changes to Existing Facilities on sites with the greatest preferred ranking feasible and should avoid proposing new Facilities or modifications to existing facilities on sites in discouraged locations. If a project cannot feasibly be located on a non-discouraged location, then to the extent feasible the project should be located at the least discouraged location.

(Ord. No. 2021-1159, 11-23-21)

The following table identifies preferred installation and attachment methods for WF and SWF and ranks them. For each preferred installation method, the table ranks the preferred attachment standard when more than one preferred standard is provided. Rankings are in order from the top (most preferred) to bottom (less preferred). The combination of preferred installation type and attachment standard are preferred designs. This listing is designed to encourage preferred installation locations; it is not a requirement to use City owned poles.

Table 22-208 Preferred Designs

(Ord. No. 2021-1159, 11-23-21)

(a) Except as provided in subsection(b), Facilities deployed on existing poles not dedicated to wireless facilities may not exceed the applicable height limit in the following table.

Table 22-209 - Facility Height Standards

(b) A Facility may exceed the existing height of the pole by more than the identified height standard in Table 22-209 when:

(1) Consistent with a pre-approved design, or,

(2) the City Engineer determines that conformance with the height allowance is not technically feasible; or

(3) If required to comply with:

(A) Section 6409(a) or FCC regulations, or

(B) CPUC General Order 95.

(c) New dedicated poles may not exceed 30' if technically feasible.

(Ord. No. 2021-1159, 11-23-21)

(a) General Performance Standards. The general performance standards in this section apply to all personal wireless services facility projects. Failure to comply with these standards constitutes a revocation of a WF-R or SWF-R permit and requires removal of the Facility at the owner's expense.

(b) State or Federal Requirements. All Facilities must meet or exceed current standards and regulations of the FCC, the Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the authority to regulate wireless facilities. If these standards and regulations are changed, then the operators of the wireless facilities must bring the facilities 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 law.

(c) Building Codes and Safety Standards. All Facilities including any support structures must be constructed and maintained in compliance with all applicable building codes and safety standards, and at all times must be kept in a safe and structurally sound condition.

(d) Radio Frequency Emissions Standards. Radio frequency emissions from a proposed permitted Facility and in aggregate from the operation of the permitted facility and other existing and proposed Facilities must comply with FCC exposure limits and FCC regulations governing actions necessary to bring emissions into compliance if exposure limits are exceeded in operation.

(e) Operation and Maintenance Standards. All Facilities must be in maintained in good working condition and appearance, free from trash, debris, litter, and graffiti and other forms of vandalism. Finishes must be refreshed or replaced periodically and required landscaping must be watered, pruned and replaced as necessary to maintain appearance. Any damage from any cause must be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Graffiti must be removed from any Facility as soon as reasonably possible.

(f) Safety & Security. All Facilities must install and maintain the following security measures:

(1) An on-site emergency "disconnect" to de-energize all radio frequency circuits and components of each permitted Facility in order to protect emergency response personnel. For co-locating Facilities, a single "disconnect switch" must be installed that will de-energize all Facilities located on the same pole at the Facility in the event of an emergency.

(2) Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with nuisance regulations and must not interfere with City emergency services or transmissions.

(g) Noise. All Facilities must comply with the noise regulations and standards in BCC Chapter 15, Article 8 and Section 7 of the General Plan and the following:

(1) In residential areas, except for emergency repairs, testing and maintenance activities that will be audible beyond the property line must only occur between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays.

(2) All air conditioning or cooling units and any other equipment that may emit noise that would be audible from beyond the Public Right-of-Way must be enclosed or equipped with noise attenuation devices to the extent necessary to ensure minimal noise impacts upon surrounding uses to the extent technologically feasible in residential zones.

(h) Lights. Unless otherwise required by FAA or FCC regulations, Applicants may install only timed or motion-sensitive light controllers and lights. All lights must be installed and operated to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an Applicant from the foregoing requirement when the Applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts to adjacent properties in the City to the maximum extent feasible.

(i) Relocation. Applicant must at its sole cost relocate any Facility that would interfere in any way with the construction, maintenance or repair of any public works or public improvement of any descriptions when notified in writing by the public works director. The public works director shall provide as much advance notice as is reasonable under the circumstances.

(k) Repair of right-of-way. Applicant must at its sole cost repair any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair, or removal of Applicant's Facilities and any support infrastructure. Repairs must be in accordance with current city standards and to the satisfaction of the city engineer. City facilities or improvements covered by this subsection includes, but are not limited to, the following:

(1) Curb, gutter, sidewalk, ramps, storm drains, and pavements;

(2) Landscaping; and,

(3) Structures, buildings, light poles, and fixtures.

(l) Facility identifier. Every Facility must contain signage listing the unique location number or name for the Facility, and name and contact information for an emergency telephone contact to an individual or service. Unless otherwise prohibited by law, the signage must comply with design, material, color, and location requirements as stated or approved in the applicable wireless facility permit. Contact information listed on the sign must be kept current and provided promptly to the City if changed.

(m) Electric Meters.

(1) Facilities should be connected to a PG&E smart meter.

(2) Facility installation must be metered independently from any anticipated or existing City facilities.

(3) To the extent technically feasible, Facilities must be metered by wireless meters as necessary to avoid aesthetic impacts from installation of additional visible equipment, cabinets, or enclosures.

(b) City Street Light Pole SWF Deployments. In addition to the general performance standards identified in subsection (a) the following performance standards are required for Small Wireless Facilities on city streetlight poles:

(1) Existing City-owned street light poles proposed for Small Wireless Facility installation must be inspected to the satisfaction of the city engineer before approval of an installation to determine whether the pole conforms with the most recent City structural standards for street light poles and has sufficient load bearing capability to safely support the proposed deployment.

(2) If a street light pole fails to meet the City structural standards, the Applicant may utilize that location only if the Applicant at its own cost replaces the existing street light pole at the proposed installation location with a pole that meets or exceeds the City's structural safety and load-bearing standards. Any existing lighting fixture must be reinstalled on the new pole at applicant's cost. Replacement streetlight poles become the property of the city after approval of the installation by the city engineer.

(3) As an alternative to replacing the existing street light pole, the Applicant may install a proprietary pole request at its own cost that would contain all Small Wireless Facility equipment internally within the pole structure. Any proprietary pole installation must be inspected prior to construction in accordance with the most recent City structural standards for the same or similar type of pole, including, but not limited to, safety and load bearing capability, and must be suitable for the location, and maintain American Disability Access (ADA) requirements. The Applicant shall provide documentation satisfactory to the City that the pole to be installed meets all required standards with regards to safety and load bearing capabilities for the Small Wireless Facility hardware to be installed. The City reserves the right to reasonably review the aesthetic design of the pole and provide preapproved pole designs, which are encouraged, but not required.

(Ord. No. 2021-1159, 11-23-21)

(a) General Design Standard. Except as otherwise provided, Antenna Facilities must comply with the following general design standard:

(1) Stealth Design. Stealth design must be incorporated to the extent feasible that will result in practical reduction of visual impact. Where it is infeasible for portions of the Facility to incorporate stealth design, the remaining portions must incorporate stealth design to the extent feasible and will reasonably enhance the appearance of the Facility or reasonably reduce visual impact of the overall Facility including any collocated Antenna Facilities.

(2) Screened Design. Any portion of an Antenna Facility and its dedicated support structure that cannot feasibly incorporate stealth design must incorporate, to the greatest extent practical screening elements to fully obscure any portion of the facility Readily Visible from an Ordinary Vantage Point with an elevation at or below the highest point of the Antenna Facility.

(3) Camouflage Design. Any portions of an Antenna Facility and its dedicated support structure that cannot feasibly incorporate stealth design and cannot practically be screened must incorporate camouflaging elements to obscure to the extent practical the Antenna Facility and its dedicated support structure. Camouflaging design must also be incorporated to reduce the visual impact of screening elements. For example, components of a Facility that will be primarily viewed against soils, trees or grasslands should be painted colors matching these landscapes while elements which rise above the horizon should be painted a blue gray that matches the typical sky color at that location. The appropriate camouflaging elements are determined by the context of the particular site. Because camouflaging elements are intended to blend the Facility with its surroundings, camouflaging elements must be modified to conform to the extent practical with changes in the surroundings.

(b) Pole-Mounted Antennas Facilities. The following standards apply to pole-mounted Antenna and their associated Antenna Equipment including cables and mounting hardware for which stealth design is not feasible or not otherwise required. Unless expressly stated otherwise, the screening and camouflaging design standard in subsection (a) applies to all Readily Visible portions of the Antenna Facility, including cable connections.

(1) All Poles.

(A) Screening elements and any exposed equipment must be painted as appropriate for camouflage matching the pole with non-reflective paint.

(B) Required or permitted signage must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures.

(C) All pole mounted equipment (RRUs, conduits, conduit attachments, cables, wires, and other connectors) must be screened from public view to the extent technically feasible (i.e., equipment should be placed on the pedestrian side of the pole to minimize its visibility from the public right-of-way, and cables should be run in conduits if they cannot be placed inside the pole or pole shroud).

(2) Monopoles.

(A) Antenna. An Antenna mounted on a pole dedicated to supporting wireless facilities must be top-mounted and fully screened by flush-mounted compact radomes, cantenna, or other screening method to the extent technically feasible. If required due to technical infeasibility, cutouts in shrouds for 5G installations may be used. GPS Antennas must be screened by the radome or directly above the radome not to exceed six inches.

(B) Antenna Equipment. Equipment mounted on a dedicated pole must comply with the standards for equipment mounted on city light poles.

(3) City Light Poles.

(A) Antenna. Antenna mounted on a city streetlight pole must be fully screened by a shroud or other built-in screening device at the top the pole. If required due to technical infeasibility, cutouts in shrouds for 5G installations may be used. To the extent technically feasible the shroud or other screening device may not exceed 5.5 feet from the top of the existing pole, and must taper to meet the pole below the mast arm. If technically feasible, the diameter of the antenna and shroud must not exceed 18 inches at their widest point.

(B) Antenna Equipment. Up to six cubic feet of Antenna Equipment may be mounted on the side of a city street light pole and must be flush-mounted and as narrow as technically feasible. Antenna Equipment greater than six cubic feet must be located within the Antenna shroud or similar Antenna screening device or located within the base of the pole if there is adequate right-of-way space and the base is not more than 4.5 above grade, not more than 2.5 feet in length and width, and the height of the disconnect switch is at least 9 feet above grade.

(4) Wooden Utility Poles. Deployments on a PG&E utility pole must be consistent with the following unless the applicant can demonstrate that such deviations are necessary for compliance with PG&E requirements identified by PG&E in CPUC General Order 95:

(A) Antenna. Antenna mounted on wooden utility poles must be top-mounted and fully screened within a radome, cantenna, or other screening method to the extent technically feasible. If required due to technical infeasibility, cutouts in shrouds for 5G installations may be used. The shroud may not exceed: (i) the minimum separation from supply lines required by CPUC General Order 95, as may be amended or superseded, plus 5 feet from the top of the existing pole or bayonet attachment, if one is used; or (ii) 4 feet above the height of the existing support structure. The antenna shroud or bayonet must taper to meet the pole above the mast arm. If technically feasible, the diameter of the antenna and shroud shall not exceed 18 inches at their widest point.

(B) Antenna Equipment. When pole-mounted equipment is either permitted or required on wooden utility poles, all equipment must be flush-mounted, as narrow as technically feasible, and in compliance with CPUC General Order 95.

(e) Placement. Facilities must be located outside of driveway and intersection sight lines. When ground-mount equipment is allowed, visible ground-mounted Facility components and their dedicated enclosures and pole-mounted Facilities must be located as close as feasible to shared property lines between two adjacent lots and not directly in front of residences and businesses to the extent feasible. The city engineer may approve an alternative placement if it would result in an aesthetically or functionally preferrable deployment.

(f) Ground-Mounted Antenna Equipment.

(1) Outdoor, ground-mounted Antenna Equipment is disfavored and must be avoided to the extent technically feasible unless a waiver is granted or is otherwise allowed by another provision.

(2) When Antenna Equipment cannot feasibly be placed elsewhere, the equipment may be ground-mounted if it otherwise complies with the general design standard in subsection (a) and the equipment does not obstruct pedestrian or vehicular traffic or otherwise incommode the right-of-way. Whenever practical, landscaping should be used to screen ground-mounted equipment.

(3) Ground-mounted equipment may be allowed when battery back-up would be impeded.

(4) When ground-mounted equipment is allowed, an equipment shroud or cabinet must contain all of the Antenna Equipment associated with the Facility to the extent technically feasible, and all cables and conduits associated with the equipment must be screened.

(g) Underground Equipment. To the extent technically feasible, Antenna Equipment greater than six cubic feet must be installed underground when utilities or other equipment in the Public Right-of-Way in that area are primarily located underground (e.g., an Underground District). In all other areas, Applicants are encouraged to underground non-antenna equipment. Nothing in this subsection is intended to require an Applicant to install an electric meter required by the Applicant's electrical service provider underground.

(h) Signage & Advertisements. An Applicant may not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted Facility unless required by state or federal law or authorized by a sign permit as part of a stealth design incorporating a sign structure. Flashing lights and no large, repetitive warning stickers that are unnecessary, distracting, or poorly placed are not allowed. Warning stickers may not be placed at pedestrian level unless required by the FCC or other regulatory agencies.

(i) Fencing or Enclosures. Any fencing or enclosures proposed in connection with a Facility must blend with the natural or manmade colors and materials of its surroundings. Additional landscape features may be required to screen or camouflage fences. Barbed wire, razor ribbon, electrified fences and similar measures for securing a Facility are not permitted, except when the applicant demonstrates that the need for such measures significantly outweighs the potential danger or impact to the public.

(j) Landscaping. The approval authority may require landscaping as part of a project as necessary to reasonably mitigate project impacts, including:

(1) Screening or camouflaging a Facility to reduce the Facility's visual impact;

(2) Preserving existing on-site and associated access way vegetation and trees to the extent feasible at all times before, during, and after construction; and

(3) Mitigating disturbance of the existing topography.

(k) Collocation. Applicants must design their Facilities to accommodate future collocated Facilities to the extent technically and structurally feasible.

(Ord. No. 2021-1159, 11-23-21)

The city manager may determine and from time to time adopt and amend pre-approved designs for Facilities or portions of Facilities. The pre-approved designs must implement the general principals articulated in this article and may include specific standards for particular wireless facilities or site locations that vary from specific standards in this Article, but may not unreasonably discriminate between functionally equivalent service providers. Applicants are encouraged to, but not required to utilize pre-approved design concepts.

(Ord. No. 2021-1159, 11-23-21)