1379-19 Right-of-Way Cell Towers

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I accordance with Section 7.12.04 and properly permitted to p ace or maintain its Facilities in the Public Rights-of-Way, does not, and shall not, afford such eseller any right, claim or cause of action to impede the lawful exercise of the City's rights or poli e powers,including,but not limited to,requiring the Registered Communications Services Provider to remove such Facilities from the Public Rights-of-Way. 7.12.08. -Wireless Facilities. 7.12.08.01 Generally. The placement of telecommunication towers and Antennae anywhere in the corporate limits of the City shall in all eases be subject to the City's zoning and land use regulations. Where placement of a wireless Antenna in the Public Rights-of-Way has been approved by the City, and to the extent not inconsistent with any City zoning and land use regulations, a wireless Antenna attached to a permitted and legally maintained vertical structure in the Public Rights-of-Way, such as a light pole or Utility Pole, shall, unless otherwise agreed to by the City in writing: (1) not extend more than 10 feet above the highest point of the vertical structure; (2) not have any type of lighted signal,lights,or illuminafons unless required by an applicable federal, state, or local rule, regulation or law; (3) comply with any applicable Federal Communications Commission emissions standards; (4) comply with any applicable local building codes i terms of design, construction and installation; and (5) not contain any commercial advertising thereon. 7.12.08.02 Small Wireless Facilities in Public Ri: is-of Way. The City hereby adopts the following rules which shall apply to the Collocation o Small Wireless Facilities in Public Rights-of-Way: (1) General Conditions. Applicants seeking permission to Collocate or install Small Wireless Facilities within Public Rights-of-Way shall comp y with the registration, insurance coverage, indemnification, performance bonds, security funds, force majeure, abandonment, City liability, and City warranties provisions contained in this Part; provided, however, that the review timeframes and denial criteria of this subsection 7.12.08.02 shall control. (2) Filing, Review, and Processing of Applications. The City shall accept Applications for permits and shall process and issue permits for the Collocation of Small Wireless Facilities iIn Public Rights-Of-Way subject to the requirements n this subparagraph 7.12.08.02(2). a. The Applicant shall as a part of its Applicatio provide information necessary to demonstrate the Applicant's compliance with the applicable provisions of this Part for the placement of Small Wireless Facilities in the locations identified in the Application and shall bear the burden of demonstrating compliance therewith. b. Within 14 days after the date of filing the Application, the City may request that the proposed location of a Small Wireless Facility lie moved to another location in the Right-of-Way and placed on an alternative City Utility Pole or support structure or may place a new Utility Pole. The City and the Applicant may negotiate the alternative location,including any objective design standards and reasonable spacing requirements for ground-based equipment,for 30 days after the cilate of the request. At the conclusion of the negotiation period, if the alternative location is accepted by the Applicant, the Applicant shall notify the City of such acceptance hand the Application shall be deemed granted for any new location for which there is a Ieement and all other locations in the Application. If an agreement is not reached,the A plicant shall notify the City of such disagreement and the City shall grant or deny the original Application within 90 days after the date the Application was filed. A req est for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location shall be provided in writing and by electronic mail. Page 17 of 31