Napa County Municipal Code Ch. 12.05 Small Wireless Facilities

The purpose of this chapter is to regulate small wireless facilities in the right-of-way consistent with the Federal Telecommunications Act, related federal regulations, and state law.

(Ord. No. 1470, § 2, 7-13-2021)

This chapter governs small wireless facilities located within the right-of-way, while Chapter 18.119 of this Code governs wireless facilities located outside of the right-of-way. This chapter does not apply to amateur (HAM) radio communication facilities or wireless facilities within the incorporated areas of Napa County.

(Ord. No. 1470, § 2, 7-13-2021)

"Eligible facilities request" shall have the same meaning as set forth in Title 47, section 1455(a)(2) of the United States Code (47 U.S.C. § 1455(a)(2)).

"Small wireless facilities" shall have the same meaning as set forth in Title 47, Part 1, section 1.6002(l) of the Code of Federal Regulations (47 C.F.R. § 1.6002(l)).

(Ord. No. 1470, § 1, 7-13-2021)

A. Applications for small wireless facilities located in the right-of-way shall be processed as encroachments under Chapter 12.04 of this Code.

B. Applications for eligible facilities requests for facilities located in the right-of-way shall be processed as encroachments under Chapter 12.04 of this Code.

C. Applications shall include the following additional documentation:

1. Documents demonstrating that the small wireless facility, alone and in combination with other nearby wireless facilities, complies with federal standards for radio frequency emissions in accordance with federal law and any other requirements imposed by state or federal regulatory agencies.

2. Documents identifying the location, type, capacity, field strength or power density, and calculated geographic service area of the small wireless facility.

3. If the application involves construction of a new tower or pole, documents demonstrating why collocation on an existing structure is not feasible.

4. If the proposed location is within 1,000 feet of a residential building, school, daycare center, or historical structure as defined in section 16.04.305 of this Code, documents demonstrating that the applicant considered locations beyond 1,000 feet of such buildings and why the applicant found them unsuitable.

5. For small wireless facilities subject to discretionary approval under section 12.04.070, proof that notice of the application was mailed to all property owners within one thousand feet of the proposed location, including a site map and reasonable description of the proposed facility, and the name, address, and phone number of the applicant.

6. Documents demonstrating the owner is authorized to operate small wireless facilities under state or federal law.

(Ord. No. 1470, § 2, 7-13-2021)

A. New structures shall be camouflaged in accordance with plans or designs approved by the county roads commissioner, unless otherwise approved by the board of supervisors.

B. Small wireless facilities shall utilize the smallest, least visually intrusive antennas, components, and other necessary equipment possible without compromising the quality of the wireless service.

C. Small wireless facilities shall be maintained in good working order, free of graffiti, and designed to discourage vandalism. The owner shall repair or replace any damaged or vandalized equipment within thirty calendar days of receipt of a written notification from the county roads commissioner.

D. Every small wireless facility shall be inspected by the owner at least once per year, with the results of the inspection documented in writing. The owner shall provide the written inspection results to the county roads commissioner upon request.

E. The owner shall provide documentation confirming that a small wireless facility is operating in compliance with federal standards for radio frequency emissions and any other requirements imposed by state or federal regulatory agencies within thirty calendar days of receipt of a written request from the county roads commissioner.

F. Small wireless facilities that are inoperable for six months or more shall be removed by the owner at the owner's expense.

G. Small wireless facilities shall include a sign of between 50 and 150 square inches, mounted on the structure at a height of no more than six feet, identifying the name, address and phone number of the owner.

(Ord. No. 1470, § 2, 7-13-2021)

Owners of small wireless facilities in the right-of-way shall provide insurance determined by the county roads commissioner protecting against personal injury and property damage, naming the county as an additional insured.

(Ord. No. 1470, § 2, 7-13-2021)