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042 of 2018 - Wireless Facilities in the Public Right of Way 0 18-1 0 18-12 0 17-3 SALT LAKE CITY ORDINANCE No. 42_of 2018 (Wireless Facilities in the Public Right of Way) An ordinance amending Chapter 14.32 and enacting Chapter 14.56 of the Salt Lake City Code to regulate the placement of wireless telecommunication facilities in the public right of way. WHEREAS, Salt Lake City Corporation (the "City") has enacted ordinances governing regulation of the public right of way (the "public way"); and WHEREAS, the city has made certain findings regarding the public way. The city finds that the public ways within the city are critical to the travel and transport of persons and property in the business and social life of the city; are intended for public uses and must be managed and controlled consistent with that intent; can be partially occupied by the facilities and other public service entities delivering public services for the enhancement of the health, welfare, and well- being of the city and its citizens; and are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects on the public from such facilities construction, placement, relocation, and maintenance of the public way; and WHEREAS, the city has made certain findings regarding compensation for use of public ways. The city finds that the right to occupy portions of the public ways for providing wireless services is a valuable use of a unique public resource that has been acquired and is maintained at great expense to the city and its taxpayers, and therefore, the taxpayers of the city should receive fair and reasonable compensation for use of the public ways; and WHEREAS, the city has made certain findings regarding local concern. The city finds that while wireless telecommunications facilities are in part an extension of interstate commerce, their operations also involve the public ways, municipal franchising, and vital business and community service, which are of local concern. The city also finds it has the proprietary right to determine what persons and entities are granted permission to use the public ways, and to determine the terms and conditions of such use; and WHEREAS, the city has made certain findings regarding promotion of wireless telecommunication services. The City finds that it is in the best interests of its taxpayers and citizens to promote the development of wireless telecommunications services, on a nondiscriminatory basis, responsive to community and public interest, and to assure availability for municipal, educational and community services; and WHEREAS, the city has made certain findings regarding master license agreement standards. The city finds entering a master license agreement with wireless providers: (a) fairly and reasonably compensates the city on a competitively neutral and nondiscriminatory basis as provided herein; (b) encourages competition by establishing terms and conditions under which providers may use valuable public property to serve the public; (c) fully protects the public interests and the city from any harm that may flow from such commercial use of its public ways; (d) protects the police powers and proprietary authority of the city with respect to its public ways, in a manner consistent with federal and state law; (e) otherwise protects the public interests in the development and use of the City infrastructure; and (f) protects the public's investment in improvements in the public ways. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Enacting Chapter 14.56 of Salt Lake City Code. That Title 14 of the Salt Lake City Code (Streets, Sidewalks and Public Places), shall be, and hereby is, amended to adopt a new Section 14.56, which shall read as follows: 2 14.56 WIRELESS FACILITIES IN THE PUBLIC WAY 14.56.010: DECLARATION OF PURPOSE AND INTENT: 14.56.020: DEFINITIONS: 14.56.030: ORDERS, RULES AND REGULATIONS: 14.56.040: MASTER LICENSE AGREEMENT REQUIRED: 14.56.050: PERMIT REQUIRED: 14.56.060: PERMIT APPLICATIONS: 14.56.070: COMPENSATION: 14.56.080: OTHER REQUIREMENTS: 14.56.090: ENFORCEMENT AND REMEDIES: 14.56.010: DECLARATION OF PURPOSE AND INTENT: A. Purpose. The purpose of this chapter is to establish requirements for the siting and use of wireless facilities in the public ways in a manner that facilitates the delivery of wireless services within the city, while minimizing associated adverse impacts. The goals of this chapter are to: 1. Provide for the managed development and installation, maintenance, modification, and removal of wireless services infrastructure in the city to provide adequate wireless communications coverage, without unreasonably discriminating against wireless providers of functionally equivalent services including all of those who install, maintain, and operate wireless facilities. 2. Promote and protect the public health, safety, and welfare, and specifically, protecting aesthetic values, by reducing the visibility of wireless facilities and structures to the fullest extent possible through techniques including but not limited to camouflage/concealment. design techniques, and undergrounding of wireless facilities and the equipment associated therewith, where appropriate. 3. Encourage the deployment of smaller, less intrusive wireless facilities to supplement existing telecommunications facilities. 4. Encourage owners and users of wireless facilities and structures to locate them, to the extent possible, where the adverse impact on the community is minimized. 5. Enhance the ability of wireless providers to provide such wireless services to the community quickly, effectively, and efficiently. 6. Effectively manage wireless facilities in the public way. B. Scope: 3 1. This chapter shall provide the basic local scheme for providers of wireless services and systems that require the use of the public ways, including providers of both the system and service, and those providers of the system only. 2. The requirements set forth in this chapter shall apply to all wireless facilities and structures located within the public way, and to all applications to locate or modify wireless facilities and structures within city public way. This chapter shall apply to all future wireless providers and to all wireless providers in the city prior to the effective date hereof, whether operating with or without a license. 3. The activities regulated by this chapter are subject to terms of the Small Wireless Facilities Deployment Act, Utah Code Title 54, Chapter 21, or its successor. C. Excluded activity: This chapter shall not apply to video service systems, wireline services, or macro wireless facilities. 14.56.020: DEFINITIONS: ADA: Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq., or successor statute. ANTENNA: Is defined in Utah code section 54-21-101(1), or its successor. APPLICANT: A wireless provider who makes application for a permit. APPLICATION: Is defined in Utah code section 54-21-101(5), or its successor. CITY: Salt Lake City Corporation. CITY ENGINEER: The city engineer, or authorized representative. COLLOCATE: Is defined in Utah code section 54-21-101(11), or its successor. DECORATIVE POLE: Is defined in Utah code section 54-21-101(14), or its successor. FCC: The Federal Communications Commission of the United States. GROSS REVENUE: The same meaning as gross receipts from telecommunication services as defined in Utah code section 10-1-402, or its successor statute, as applied to the revenue of a wireless provider. 4 MACRO WIRELESS FACILITY: Antenna mounted on a tower or similar structure that is not a small wireless facility or a micro wireless facility. A macro wireless facility is not permitted in the public way unless required by federal law. MASTER LICENSE AGREEMENT: An agreement between a wireless provider and the city that sets forth the general terms and conditions pursuant to which the wireless provider may install and operate wireless facilities in the public way. MICRO WIRELESS FACILITY: Is defined in Utah code section 54-21-101(21), or its successor. PERMIT: A permit issued under Title 14 for construction, excavation or other work in, or obstruction of, the public way. The written authorization the city requires for a wireless provider to perform an action or initiate, continue, or complete a project, subject to the terms of this chapter and a master license agreement. Other permits, including without limitation, a building permit and traffic control permit, may also be required. PERMITTEE: Any person who has been issued a permit and has agreed to fulfill the requirements of this chapter, on its own behalf or on behalf of a wireless provider. PERSON: Means and includes any natural person, partnership, firm, association. public utility company, corporation, company, organization, or entity of any kind. PUBLIC WAY: For purposes of this section, all public rights of way, pathways, walkways and sidewalks, public streets, public roads, public highways, public alleys, and public drainageways including the surface, subsurface and above surface space, now or hereafter existing as such within the city. It does not, however, include utility easements not within public ways of the city and federal interstate highways or fixed guideways as defined in Utah code section 59-12-102. SMALL WIRELESS FACILITY: Is defined in Utah code section 54-21-101(25), or its successor. STRUCTURE: A utility pole or a wireless support structure. TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing (e.g. data, video, and voice) without change in the form or content of the information sent and received. UTILITY POLE: For purposes of this section, a pole or similar structure that is in a public way and is or may be used for: wireline communications, electric distribution, lighting, traffic control, signage, or the collocation of a small wireless facility. Utility pole does not include a wireless support structure, a structure that supports electric transmission lines, or electric power poles owned by the City or by an interlocal entity. WIRELESS FACILITY: Is defined in Utah code section 54-21-101(29), or its successor. 5 WIRELESS PROVIDER: A person that provides wireless services to customers, and/or builds or installs wireless facilities. WIRELESS SERVICE: Is defined in Utah code section 54-21-101(32), or its successor. WIRELESS SUPPORT STRUCTURE: Is defined in Utah code section 54-21-101(34), or its successor. WIRELINE BACKHAUL FACILITY: a facility used to transport communications by coaxial or fiber-optic cable from a wireless facility to a communications network. A wireline backhaul facility may be installed in the public way pursuant to a franchise agreement. 14.56.030: ORDERS, RULES AND REGULATIONS: In addition to the requirements set forth in this chapter, the city may adopt such orders, rules and regulations which are reasonably necessary to accomplish the purposes of this chapter and are consistent herewith. 14.56.040: MASTER LICENSE AGREEMENT REQUIRED: A. Any wireless provider desiring to install, repair, maintain, remove and replace wireless facilities in the public way shall first enter into a master license agreement with the city, except to the extent exempted by federal or state law. B. The city is empowered and authorized to grant nonexclusive master license agreements on a nondiscriminatory basis, governing the installation, operation, use and maintenance of wireless facilities in the city's public way in accordance with the provisions of this section. C. The city shall grant a master license agreement to a wireless provider pursuant to noncodified ordinance authorizing the negotiation and execution of a master license agreement. Acceptance of the master license shall occur by the wireless provider executing the authorized master license agreement within 30 days of recordation of the authorizing ordinance. Any amendment or extension thereof will also require city council approval. D. The term of a master license agreement may be renewed if the wireless provider is in compliance with the master license agreement and all applicable laws, rules, and regulations, including this chapter. E. This section shall only apply to wireless facilities. If a wireless provider has telecommunications systems that may be used for multiple purposes, such as a wireline backhaul facility or video services system, then such provider shall obtain a franchise agreement from city for each permitted purpose. 6 F. Before offering or providing any wireless services pursuant to the master license agreement, a wireless provider shall obtain all other regulatory approvals, permits, authorizations or licenses for the offering or providing of such services from the appropriate federal, state, and local authorities, if required, and, upon request of the city. shall submit to the city evidence of the same, such as a license from the FCC or certificate from the state public service commission. G. The grant of a master license agreement will not excuse the wireless provider from obtaining (i) any permit or other authorization required to engage in or carry on any business within the city as required by the laws, rules, and regulations of the city. (ii) any other permit, agreement or authorization required in connection with the use of property or facilities owned by third parties, or (iii) any other permit or authorization required in connection with excavating or performing other work in or along the public way. H. Wireless provider shall comply with all applicable federal, state, and city laws, rules and regulations, including those of the FCC. I. Except to the extent exempted by applicable law, any wireless provider acting without a master license agreement on the effective date of the ordinance codified in this chapter shall request issuance of a master license agreement from the city within 90 days of the effective date of the ordinance codified in this chapter. If such request is made, the wireless provider may continue to provide services during the course of negotiations. If a timely request is not made, or if a master license agreement is not granted, the wireless provider shall remove its equipment from the public way within 30 days of notice from the city. J. A master license agreement shall not convey title. equitable or legal. in the public way. A master license agreement is the right to occupy the public way on a nonexclusive basis for the limited purposes and time period stated in the agreement. K. A master license agreement granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, and rights of termination or revocation. L. In the event a wireless provider continues to operate all or any of its wireless facilities after the terms of the master license has expired, such wireless provider shall continue to comply with all applicable provisions of this chapter and the master license agreement, including, without limitation, all compensation provisions; provided, that any such continued operations shall in no way be construed as a renewal or other extension of the master license agreement, nor as a limitation on the remedies available to the city as a result of such continued operation after the term, including, but not limited to, damages and restitution. 7 14.56.050: PERMIT REQUIRED: A. Except as otherwise provided by applicable law, any wireless provider desiring to install a wireless facility in the public way shall first apply for and obtain a permit for such work pursuant to Chapter 14.32, or its successor. The city will not provide a permit to a wireless provider until the wireless provider and city have first entered into a master license agreement, and. if required, a franchise agreement. If a wireless provider authorizes another person to act as the permittee to perform any activity contemplated by this chapter, such wireless provider shall be responsible for such permittee in connection with the responsibilities of this chapter and the permit, and shall be responsible under this chapter and pursuant to the conditions of the permit as if it were the permittee. 14.56.060: PERMIT APPLICATIONS: A. Application fee: In order to offset the cost to the city to review applications, a wireless provider shall pay to city a non-refundable application fee for a permit to work in the public way for the installation or modification of a wireless facility. The cost of such application is set forth on the city's consolidated fee schedule, and shall be the following amounts: 1. $100 for each small wireless facility to collocate a small wireless facility on an existing or replacement utility pole. 2. $250 for each utility pole to install, modify, or replace a utility pole associated with a small wireless facility, where permitted under Utah code section 54-21-204, or its successor. 3. $1000 for each utility pole to install, modify, or replace a utility pole associated with a small wireless facility, where not permitted under Utah code section 54-21-204. or its successor. B. Form of application: A wireless provider shall apply for a permit pursuant to Chapter 14.32.030, or its successor. The wireless provider shall designate the purpose of the permit and the location and type and location of the installation or modification. C. Avoiding redundant submittals: The city engineer may allow a wireless provider to maintain on file with the engineering department any documentation that would otherwise be required for each individual application, such as basic wireless facility design documents and pole load analyses. The wireless provider must update any such information as necessary to keep it current. 14.56.070: COMPENSATION: A. Collocation rate: A wireless provider shall pay to city an annual fee for each collocation on a city owned utility pole as set forth in Utah code section 54-21-504, or its successor. If such 8 city owned utility pole is a street light owned or managed by city as part of the street light enterprise fund,the annual fee for such street light shall be allocated to the street light enterprise fund. B. Public way rate: A wireless provider shall pay to city an annual fee to use or occupy the public way, unless otherwise provided by applicable law. 1. In consideration for a wireless provider's right to use or occupy the public way as described herein, a wireless provider shall pay to the city an annual amount equal to the greater of(a)three and one half percent(3.5%) of such wireless provider's gross revenues related to wireless provider's use of the public way, or(b)two hundred and fifty dollars ($250)per small wireless facility. 2. With the payment of each annual public way rate, a wireless provider shall include a report describing gross revenue upon which the rate is calculated and a description, of reasonable specificity, of the small wireless facilities which have generated the revenue upon which the rate is based. Such report shall include such information related to such payment as the city may reasonably request. The records of the wireless provider pertaining to the reports and payment required by this chapter, including but not limited to any records deemed necessary or useful by the city to calculate or confirm gross revenue, and all other records of the wireless provider reasonably required by city to assure compliance by the wireless provider with the terms of this chapter shall be open to inspection by the city and its duly authorized representatives upon reasonable notice at all reasonable business hours of the wireless provider. C. Other fees: A wireless provider shall pay all other applicable fees established by city, specifically including but not limited to permit fees and business license fees. 14.56.080: OTHER REQUIREMENTS: A. Design Standards: The design and location of the wireless facility and utility pole or support structure shall comply with all standards adopted by the City. B. Structural Load Analysis: The application shall include an industry-standard pole load analysis indicating that the structure on which the wireless facilities will be mounted will safely support the load. If a small wireless facility cannot be safely installed on the respective structure, applicant shall either replace the structure with a compliant structure of the same type, or propose a new location. C. Height: 1. The height of a structure with an attached wireless facility, including the wireless facility, shall be the minimum height needed for the operation of the wireless facility. 9 2. In no event shall the maximum height of a new or modified utility pole with an attached wireless facility, including the wireless facility, exceed 50 feet above the public way. 3. Where wireless facility equipment is permitted on the outside of a utility pole, it shall be placed higher than 8 feet above the public way, unless otherwise permitted by city. D. Decorative poles: If necessary to collocate a wireless facility on a decorative pole. a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetics of the displaced decorative pole and meets the requirements of this section. including the design standards. E. Undergrounding: A city may require a wireless facility to be placed underground as permitted by Utah code section 54-21-207, or its successor. F. Historic districts and design districts: In order to maintain the character of a historic district and/or conservation district, as contemplated in Chapter 21A of this code, all wireless facilities and new structures in such a district must employ screening, concealment, camouflage, or other stealth techniques to minimize visual impacts, and comply with all requirements and obtain all approvals as required by the historic landmark commission and Chapter 21A of this code and as permitted by Utah code section 54-21-208, or its successor. Wireless facilities and new structures must be architecturally integrated with existing buildings, structures and landscaping, including considerations of height. color, style, placement, design and shape. G. Insurance and bonding: A wireless provider will be responsible for carrying and maintaining insurance and bonds as may be required in the master license agreement or otherwise by the city and in connection with obtaining a permit. H. Indemnity: A wireless provider shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys' fees, arising out of or in connection with such provider's wireless facilities or use of the public way, unless and to the extent caused by the city's negligence. I. Electrical Service: A wireless provider will be solely responsible for establishing electrical power services for its wireless facilities and for the payment of all electrical utility charges to the applicable electric service provider based upon applicable tariffs. A wireless provider shall obtain a building permit for installation of such electrical service as required by the city. J. Residential zones: A wireless provider may not install a new utility pole in a public way adjacent to a single family low, other multifamily residences, or undeveloped land that is designated for residential use by zoning or deed restrictions, if the curb to curb measurement of the street is 60 feet wide or less as depicted on the official plat records or other measurement provided with the application, unless City has given prior written consent. 10 K. Inspections: All wireless facilities and wireless provider-owned structures shall be maintained by the wireless provider in a clean and good condition. free of graffiti. and rusting, excessive dirt, and peeling paint. The city shall have the authority to conduct inspections of the wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this chapter. L. Compliance with law: All wireless facilities must at all times comply with all applicable federal, state, and local building codes and safety codes and regulations. To the extent this chapter conflicts with other provisions of city ordinances, this chapter shall control. All wireless facilities and structures shall be constructed and installed to manufacturer's specifications. Provider shall obtain one or more FCC licenses, as required by the FCC. to operate its wireless facilities. M. Hazardous materials. A wireless provider shall not possess. use, generate, release, discharge, store, dispose of, or transport any hazardous materials on, under, in, above, to, or from any public way except in compliance with all applicable environmental laws and pre-approved by city. Wireless provider shall promptly reimburse city for any fines or penalties levied against city because of wireless provider's failure to comply with environmental laws. N. Tree trimming. A wireless provider may trim trees overhanging the public way to prevent the branches of such trees from coming in contact with the wireless facilities only with permission and under the direction of the city's urban forester and at the wireless provider's expense. O. Additional requirements: Wireless facilities will be subject to any additional requirements set forth in the applicable master license agreement and permit. 14.56.090: ENFORCEMENT AND REMEDIES: A. Enforcement: The city is responsible for enforcing and administering this chapter, and the city or its designee is authorized to give any notice required by law or under any master license agreement or permit. Failure of city to require performance of any term in this chapter or the waiver by either party of breach hereof shall not prevent subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach. B. Removal of wireless facilities: 1. In the event (a) the use of a wireless facility is discontinued for a continuous period of 12 months, (b) the term of the applicable master license agreement has expired. or (c) any wireless facility or structure has been installed in the public way without complying with the requirements of this chapter, and the respective wireless facilities have not been removed by the wireless provider within 30 days of any such event, such wireless provider shall be deemed to have abandoned such wireless facility. 11 2. If any wireless facility is deemed abandoned, the wireless provider shall remove its wireless facilities and structures within 90 days of the city's notice of such abandonment and shall repair and restore the public way to a similar or better condition than at the time of the installation. Failure to do so may result in the city's removal of the facilities and structures at the wireless provider's cost. The city shall have the right to inspect and approve the condition of the public way. wireless facilities, and structures prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security required of a wireless provider shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section. 3. Notwithstanding anything to the contrary set forth in this chapter, and subject to city's approval in its discretion, a wireless provider may abandon any underground facilities in place so long as it does not materially interfere with the use of the public way or with the use thereof by any public utility, cable operator or other person. C. Default: If a wireless provider defaults under any provision of this chapter and such default is not cured within 30 days following notice by city to wireless provider of its default, or such longer cure period as permitted by city, city shall maintain all it rights and remedies, at law and in equity, including the ability to charge fines, recover fees and costs, and remove the wireless facilities. Without limitation, city may: 1. Fine the violating party $100 per day per violation until the violation is cured; 2. Terminate or suspend any franchise, permits, or licenses held by the violating party; and 3. Withhold issuing any new permits to the violating party. 4. If the violation is not cured within 180 days, or such longer cure period as may be permitted by city. city may remove and impound the wireless facilities until the violation has been cured. SECTION 2. Amending Chapter 14.32, Article I, of the Salt Lake City Code. That Section 14.32.030 of the Salt Lake City Code (Streets, Sidewalks and Public Places: Permit Application Requirements), shall be, and hereby is, amended, to read as follows: 14.32.030: PERMIT APPLICATION REQUIREMENTS: A. Applications for a permit shall be filed with the city engineer on a form or forms to be furnished by the city engineer. and shall contain, as applicable: 1. The name, address, telephone, and facsimile number of the applicant. Where an applicant is not the owner or in sole control of the facility to be installed, maintained or 12 repaired in the public way, the application also shall include the name, address, telephone, and facsimile number of the owner; 2. A description of the location, purpose, method of the proposed work, and surface and subsurface area to be affected; 3. A plan showing the proposed location of the work and the dimensions of any excavation and the facilities to be installed, maintained, or repaired in connection with the work, and such other details as the city engineer may require; 4. A copy or other documentation of the use permit authorizing the applicant or owner to use or occupy the public way for the purpose described in the application, including the appropriate franchise agreement or master license agreement. Where the applicant is not the owner of the facility or facilities to be installed, maintained, or repaired, the applicant must demonstrate in a form and manner specified by the city engineer that the applicant is authorized to act on behalf of the owner; 5. The proposed start date of work; 6. The proposed duration of the work, which shall include the duration of the restoration of the public way physically disturbed by the work; 7. Written certification that all material to be used in the work and restoration of the public way, will be on hand and ready for use so as not to delay the work and the prompt restoration of the public way; 8. Written certification that the applicant and owner are in compliance with all terms and conditions of this chapter, the orders, and all applicable rules and regulations of the city engineer, and that the applicant and owner are not subject to any outstanding assessments, fees or penalties that have been finally determined by the city; 9. Evidence of insurance as required by either section 14.32.065 of this chapter or the applicable agreement with the city; 10. A performance deposit as required by section 14.32.070 of this chapter; 11. A scaled site plan, rendering or photo simulation, scaled elevation view and other supporting drawings and calculations, showing the location and dimension of all improvements. The submittal must include sufficient information to determine compliance with the standards and requirements of this chapter, specifically including information concerning structure height and location within the public way, compliance with the city's intersection and driveway sight distance standards, and compliance with the ADA; 12. Evidence of all regulatory approvals, permits, authorizations or licenses for the offering of such services from the appropriate federal, state, and local authorities (whether the 13 services are being offered by the permit provider or another person), upon request of city; 13. Evidence that the owner (if not the applicant)has provided permission to perform the work on behalf of the owner and, if applicable,permission to use or attach to owner's property in the public way; and 14. Any other information that may reasonably be required by the city engineer. SECTION 3. Amending the Salt Lake City consolidated fee schedule. The Salt Lake City consolidated fee schedule shall be, and hereby is, amended, as set forth on Exhibit A attached hereto, to include the application fees and collocation rate referenced in this Ordinance. SECTION 4. Effective Date. This Ordinance shall become effective on September 1, 2018. Passed by the City Council of Salt Lake City, Utah this 21 day of August 2018. CHAIRPERSON AT • CITY RECO ER Transmitted to Mayo !on August 23, 2018 Mayor's Action: Approved. Vetoed. MAYOR 14 Y RECO ER '1Q,}CE CjT "4"� Salt Lake City Attorney's Office �'elk) p��� Approved As To Form St• ,fciv.??. By <ati ��" .� •`.* S b _I K. Chytraus (SEAL) `' _ •_ ''' > Date: o,� !ti�v Bill No. 42 of 2018 . "c.... �-•- Published: August 31 , 2018. HB ATTY-#67144-v5-ORDINANCE Small Cell This Ordinance was originally transmitted to the Mayor's Office on August 23, 2018 and was returned to the City Recorder on August 29, 2018 unsigned. This provided for the ordinance to become effective on publication without the Mayor' s signature. Pursuant to Utah State Code 10-3B-204(4) , an ordinance, tax levy, or appropriation passed by the Council takes effect upon recording as provided in Chapter 3, Part 7, Municipal Ordinances, Resolutions, and Procedure, if: (b) the Mayor fails to sign the ordinance, tax levy, or appropriation within 15-days after the Council presents the ordinance, tax levy, or appropriation to the Mayor. City Recorder Staff proceeded with publication. 15 ENGINEERING For questions regarding Engineering Fees Contact:801.535.6159 Service Fee Additional Information Section Excavation Permits Hard surfaced $0.34 Per sq.foot 14.32.400 Minimum charge $168 April 1-November 15 14.32.400 Minimum charge $234 November 16-March 31 14.32.400 Other $0.23 Per sq.foot 14.32.400 Minimum charge $103 April 1-November 15 14.32.400 Minimum charge $152 November 16-March 31 14.32.400 Permit extension $63 See Section 14.32.400 C 14.32.400 Permit within a restricted area Fees double See Section 14.32.400 A3 14.32.400 Multiple Utility Excavation Permits Hard surfaced Minimum charge $102 April 1-November 15 14.32.400 Minimum charge $158 November 16-March 31 14.32.400 Other Minimum charge $57 April 1-November 15 14.32.400 Minimum charge $91 November 16-March 31 14.32.400 Poles-Application for Permit to Erect Utility Poles $2 For each pole 14.40.030 Poles and Anchors $48 Each pole,concrete pedestal or anchor 14.32.400 Public Survey Monuments '1st monument $69 14.10.040 Additional monuments $14 In addition to the$66 fee,same application ( 14.10.040 Replacement of a monument by survey $1,371 Minimum cost,see Section 14.10.090 14.10.040 Replacement of a monument by survey ties $628 Minimum cost,see Section 14.10.090 14.10.040 Public Way Improvements Curb and gutter $2 Per linear foot 14.32.405 Sidewalk,driveway approach $0.34 Per sq.foot 14.32.405 Minimum charge $158 April 1-November 15 14.32.405 Minimum charge $226 November 16-March 31 14.32.405 Permit extension $63 14.32.405 In kind No charge See section 14.32.405 D 14.32.405 Public Way Obstruction Permits 'Short term(5 days or less) $34 14.32.410 Long term:(more than 5 days) 'Up to 1 block face $211 Per month(Construction barricades) 14.32.410 Additional block faces $194 Each,per month(Construction barricades) 14.32.410 Permit extension $228 (Construction barricades) 14.32.410 Short term permit extension $46 14.32.410 Small Wireless Facility Fees Application fees 14.56.060 NEW Small cell facility to collocate a small wireless facility on $100 Per wireless facility 14.56.060 NEW an existing or replacement utility pole Install,modify or replace a utility pole associated with a small wireless facility,where permitted under Utah Code $250 Per wireless facility 14.56.060 NEW Secion 54-21-204,or its successor Install,modify or replace a utility pole associated with a small wireless facility,where NOT permitted under Utah $1,000 Per wireless facility 14.56.060 NEW Code Secion 54-21-204,or its successor Collocation Rate As set forth in Utah Code 14.56.070 NEW Section 54-21-504 • Amended 6/12/2018 by Ord.2018-34 Page 1