5.54.460 Application to install a macrocell or nonpermitted utility pole

5.54.460 Application to install a macrocell or nonpermitted utility pole.

A. The city generally does not permit macrocells and utility poles that are not permitted under Section 54-21-204 of the Utah Code Annotated. The city will only permit a nonpermitted macrocell or utility pole if required by federal law.

B. Macrocells and utility poles that are not permitted under Section 54-21-204 of the Utah Code Annotated, as amended, are not subject to the application approval process established in Section 5.54.390. As such, this section implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153.

1. The city shall prepare and make publicly available an application form, the requirements of which shall be limited to the information necessary for the city to consider whether an application is a request to install a nonpermitted macrocell or utility pole.

2. Upon receipt of an application for a nonpermitted macrocell or utility pole pursuant to this section, the city shall review such application, make its final decision to approve or disapprove the application, and advise the applicant in writing of its final decision.

3. Within one hundred fifty days of the date on which an applicant submits an application seeking approval of a nonpermitted macrocell or utility pole under this section, the city shall review and act upon the application, subject to the tolling provisions below.

4. The one-hundred-fifty-day review period begins to run when the application is filed and may be tolled only by mutual agreement between the city and the applicant, or in cases where the city determines that the application is incomplete.

a. To toll the time frame for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, specifically delineating all missing documents or information required in the application.

b. The time frame for review begins running again when the applicant makes a supplemental submission in response to the city’s notice of incompleteness.

c. Following a supplemental submission, the city will notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.

5. Failure to Act. In the event the city fails to approve or deny a complete application under this section within the time frame for review (accounting for any tolling), the applicant shall be entitled to pursue all remedies under applicable law.

D. In addition to the information required in Section 5.54.380, a nonpermitted macrocell or utility pole application must also include the following information:

1. The manufacturer’s recommended installation, if any;

2. A written affirmation for the applicant that the macrocell or utility pole meets or exceeds all applicable codes, applicable standards, and federal, state, and local requirements, laws, regulations, and policies;

3. A map that indicates the type and separation distance of other WCFs owned or operated by the same wireless provider from the proposed WCF;

4. A visual analysis including to-scale photo and visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least two angles, together with a map that shows the location of each view including all equipment and ground wires. Such visual analysis must include a description, drawing, and elevations with the finished color, method of camouflage, and any illumination;

5. A detailed explanation justifying why the WCF is required in the right-of-way. The applicant must demonstrate in a clear and complete written alternative sites analysis that multiple alternatives in the geographic range of the service coverage objectives of the applicant were considered. This includes, but is not limited to, explaining why the installation of permitted small wireless facilities and the installation of a macrocell on private property are insufficient. This analysis must include a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate.

a. A complete alternative sites analysis provided under this subsection may not include less than five alternative sites unless the applicant provides a factually detailed rationale for why it could not identify at least five potentially available sites.

b. For purposes of disqualifying potential alternative sites for the failure to meet the applicant’s service coverage objectives the applicant must provide (i) a description of its objective, whether it be to close a gap or address a deficiency in coverage, capacity, frequency or technology; (ii) detailed technical maps or other exhibits with clear and concise RF data to illustrate that the objective is not met using the alternative; and (iii) a description of why the alternative does not meet the objective;

6. An explanation that demonstrates the following:

a. A significant gap in the coverage, capacity, or technologies of the service network exists such that users are frequently unable to connect to the service network, or are regularly unable to maintain a connection, or are unable to achieve reliable wireless coverage within a building;

b. The gap can only be filled through an exception to one or more of the standards herein;

c. The exception is narrowly tailored to fill the service gap such that WCF conforms to these standards to the greatest extent possible; and

d. The manner in which the applicant proposes to fill the significant gap in coverage, capacity, or technologies of the service network is the least intrusive means on the values that these regulations seek to protect;

7. A noise study for the proposed WCF and all associated equipment. The application shall provide manufacturer’s specifications for all noise-generating equipment, such as air conditioning units and backup generators, and a depiction of the equipment location in relation to adjoining properties. The applicant shall provide a noise study prepared and sealed by a qualified Utah-licensed professional engineer that demonstrates that the WCF will comply with intent and goals of this chapter;

8. The proposed WCF may not be closer than the average distance between existing poles that are within one mile of the proposed site. If no poles exist within one mile of proposed pole site, then all subsequently placed poles must be at least two hundred fifty feet from each other;

9. The design of a new pole must comply with the requirements of this chapter and be approved by the city;

10. An affidavit certifying that the applicant has posted or mailed notices to property owners within three hundred feet of the proposed WCF site.

a. This requirement is not required to be met at the time application is submitted, but is required to be completed prior to approval of a permit.

b. The notice shall provide the following information:

i. The applicant’s name and contact information.

ii. A phone number for the provider by which an individual could request additional information.

iii. A scaled site plan clearly indicating the location, type, height and width of the proposed tower, separation distances, adjacent roadways, photo simulations, a depiction of all proposed transmission equipment, setbacks from property lines and the nearest buildings, and elevation drawings or renderings of the proposed tower and any other structures.

iv. Language that states:

If you have any public safety concerns or comments regarding the aesthetics or placement of this wireless communication facility, please submit your written comments within fourteen days to:

Midvale City

ATTN: City Engineer

7505 S. Holden Street

Midvale, Utah 84047

(Ord. 2018-10 § 1 (Exh. A (part)))