Article VII. Construction and Technical Requirements
5.54.470 General requirement.
A. No provider shall receive a wireless franchise unless it agrees to comply with each of the terms set forth in this chapter governing construction and technical requirements for its system, in addition to any other reasonable requirements or procedures specified by the city or the wireless franchise.
B. No antenna, small wireless facility, or other equipment may be added to city poles without a pole attachment agreement with the city. No antenna, small wireless facility, or other equipment may be added to city poles that are not able to structurally accommodate the antenna, small wireless facility, or other equipment.
C. WCFs that lawfully existed prior to the adoption of this chapter shall be allowed to continue their use as they presently exist. This code does not make lawful any WCF that is not fully approved on the date the ordinance codified in this chapter is adopted and those pending WCFs will be required to meet the requirements of this code.
D. The applicant must comply with all federal (such as the Americans with Disabilities Act), state, and local laws and requirements. This includes, but is not limited to, participating in Blue Stakes of Utah as required by Sections 54-8a-2 through 54-8a-13 of the Utah Code Annotated, as amended.
E. In the installation of any WCF within the right-of-way, care must be taken to install in such a way that does not damage, interfere with, or disturb any other utility or entity that may already be located in the area. Any damage done to another utility’s or entity’s property must be immediately reported to both the city and the owner of the damaged property, and must be promptly repaired by the provider, with the provider being responsible for all costs of repair, including any extra charges that may be assessed for emergency repairs. Failure to notify the city and the damaged property owner will result in revocation of the franchise agreement. When approving the location for a WCF, the location of utilities or other entities’ property, or the need for the location of other utilities, within the right-of-way must be considered before approval to locate the WCF will be given in order to ensure those other services to the public are not disrupted.
F. All WCFs and utility poles must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate WCFs and utility poles including, but not limited to, RF emissions. If such standards and regulations are changed, and if WCF equipment is added either through collocation or replacement, then the owners of the WCFs and utility poles governed by this chapter shall bring such WCFs and utility poles into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring WCFs and utility poles into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF or utility pole at the owner’s expense.
G. A WCF or utility pole must comply with the all applicable codes and applicable standards.
H. All structures shall be constructed and installed to manufacturer’s specifications, and constructed to withstand a minimum one-hundred-mile-per-hour (mph) wind, or the minimum wind speed as required by the city’s currently adopted Uniform Building Code, as amended.
I. The following maintenance requirements apply to WCFs, as applicable:
1. All landscaping shall be maintained at all times and shall be promptly replaced if not successful.
2. All WCF sites shall be kept clean, neat, and free of litter.
3. A WCF shall be kept clean and painted in good condition at all times. Rusting, dirty, or peeling facilities are prohibited.
4. All equipment cabinets shall display a legible operator’s contact number for reporting maintenance problems.
5. The applicant shall provide a description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and potential safety impacts of such maintenance.
J. Inspections.
1. The city or its agents have the authority to enter onto the right-of-way upon which a WCF is located to inspect the facility for the purpose of determining whether it complies with the applicable codes and applicable standards.
2. The city reserves the right to conduct such inspections at any time, upon reasonable notice to the WCF owner. In the event such inspection results in a determination that violation of applicable standards set forth by the city has occurred, the city will notify the provider of the violation.
3. Upon receipt of a notice of violation, the provider will have thirty days from the date of violation to correct the violation. If the provider fails to correct the violation within the thirty-day period, the city may remove the violating WCF or utility pole at the provider’s sole expense.
4. The city may recover all of its costs incurred in processing and removing the violation.
5. The provider may appeal a notice of violation by following the appeals process found in Title 7. (Ord. 2018-10 § 1 (Exh. A (part)); Ord. 2018-01 § 1 (Exh. A (part)). Formerly 5.54.460)