HomeMy WebLinkAbout1158_Small Cell Wireless Facilites DeploymentTulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1158
AN ORDINANCE AMENDING PART 17, UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY
OF OWASSO, BY ESTABLISHING A NEW CHAPTER, TITLED SMALL CELL FACILITIES AND
PROVIDING FOR THE PERMITTING, REQUIREMENTS, AND REGULATION OF SMALL CELL
NETWORK FACILITIES
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part 17, Utilities, is hereby amended to include Chapter 6, Small Cell Facilities,
Sections 17 -601 through 17 -607, and shall be enacted into the Code of Ordinances of the City of
Owasso, and shall read as follows:
SECTION 17 -601 DEFINITIONS
Collocation - the mounting or installation of transmission equipment on an existing
support structure for the purpose of transmitting and /or receiving radio frequency
signals for providing telecommunication services.
Decorative Pole - an authority pole that is specially designed and placed for
aesthetic purposes, and on which no appurtenances or attachments, other than
a small cell facility or specially designed informational or directional signage or
temporary holiday or special event attachments, have been placed or are
permitted to be placed according to nondiscriminatory municipal rules or code.
Small Cell Facility - a low- powered wireless base station which functions much in
the some way as larger cells in a wide -area, mobile wireless network that are
typically installed relatively high on a telecommunications tower, to provide signal
coverage to a large geographic area. Small cells facilities cover a smaller,
targeted, localized area to provide connectivity to wireless network subscribers in
areas that typically present capacity and coverage challenges to traditional
wide -area wireless networks. Small cell facilities are smaller in size and thus are
more conducive to collocation on an existing support structure or installation on a
private utility's, single -use utility pole erected for the sole or primary purpose of
supporting a small cell facility.
Utility Pole - a long, slender, generally vertical and usually cylindrical object, other
than a telecommunications tower, that is or may be used in whole or in part by a
public or private utility for wireline, wireless or optical telecommunications,
electrical distribution, lighting, traffic control, signage or similar functions.
SECTION 17 -602 INTENT AND PURPOSE OF WIRELESS TELECOMMUNICATION
REGULATION
The City declares that by the promulgation of these land use regulations
governing wireless telecommunications facilities, its intent and purpose is to
exercise its constitutional authority to regulate matters of local concern and public
right -of -way within its boundaries consistent with the above -cited federal and
Ordinance 1158
Page 1 of 7
state authorities on property owned by the City, without prior City Council
approval and an associated lease agreement or permit; and within any publicly
owned or dedicated right -of -way or easement.
Ordinances within this chapter pertaining to wireless telecommunications facilities,
are enacted pursuant to the following authorities:
(1) Oklahoma Constitution Article 18, Section 7, which provides that no grant,
extension, or renewal of any franchise or other use of the streets, alleys, or other
public grounds or ways of any municipality, shall divest the State, or any of its
subordinate subdivisions, of their control and regulation of such use and
enjoyment.'
(2) The Telecommunications Act of 1996, Pub. LA. No. 104 -104, 110 Stot. 56
(1996), as amended, which, in part, regulates personal wireless
telecommunications services and facilities.
(3) Title 47 United States Code, Section 332(c)(7), which preserves to the City
of Owasso and its Authorities to regulate the placement, construction, and
modification of personal wireless service facilities, provided that such regulations
do not unreasonably discriminate among providers or prohibit or have the effect
of prohibiting the provision of personal wireless services.
(4) Title 47 United State Code, Section 224, which exempts the City of Owasso
from any obligation to permit pole attachments to any pole, duct, conduit or
rights -of -way controlled by them.
(5) Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012
(i. e., the "Spectrum Act "), codified as 47 United States Code, Section 1455, which
mandates that a State or local government approve certain wireless broadband
facilities siting requests for modifications and collocations of wireless transmission
equipment on an existing tower or base station that does not result in a substantial
change to the physical dimensions of such tower or base station.
(6) The Federal Communications Commission's 2009 Declaratory Ruling, 24
FCC Rcd. 13994 (F.C.C.), 24 F.C.C.R. 13994, FCC 09 99, Federal Communications
Commission Report and Order, FCC -14 -1 53A 1 Rcd, FCC 14 -153, adopted October
21, 2014, and Title 47 Code of Federal Regulations (CFR), Section 1.40001 (c)(2)
SECTION 17 -603 APPLICATION REQUIREMENTS
The special exception process, as set forth in the Owasso Zoning Code, shall be
applicable to new small cell facilities. All new small cell facilities, the collocation of
small cell facilities on an existing supporting structure, and the modification of an
existing small cell facility shall include in their applications the information and
documentation required in this section.
An application shall be on a form furnished by the City which shall include, but not
be limited to the following:
(1) A typewritten and electronicldigital copy of the legal description of the
subject property;
(2) A copy of any existing or proposed restrictive covenants on the subject
property, if applicable;
(3) A nonrefundable fee to be set by Resolution of the City Council;
(4) A site plan, drawn to an appropriate scale and containing, at a minimum,
the following: a. The location and distance to the nearest adjacent residential,
office, or commercial structure to the site; b. The location of existing or proposed
Ordinance 1158
Page 2 of 7
above and underground public utilities , including the depth of underground
utilities, the height (accounting for seasonal variances) of overhead utility wires
and the closest distance the proposed small cell facility and its supporting
structure and other telecommunications facilities will be to any existing or
proposed above and underground utility;
(5) The location of the proposed small cell facility and any supporting structure
and other telecommunications facilities —by longitude and latitude (degrees,
minutes and seconds) and approximate street address, the distance to the
nearest, abutting road surface, curb and sidewalk, the nearest utility poles the
proposed site is between, and the nearest existing small cell supporting structures
located within 1,000 feet,
(6) The height of the small cell facility and its supporting structure above
ground level, in feet and meters, including any top mounted attachments, such
as antennae and lightning rods;
(7) The dimensions of the site, including easements and rights -of -way, and
location with respect to streets and adjacent properties,
(8) The location of the small cell facility, or other telecommunications facilities
by longitude and latitude (degrees, minutes and seconds) and distance to each
property line of the site:
(9) The location and dimensions of any buildings or other structures located
on the site;
(10) The use of the subject property;
(1 1) The location, and use of abutting or adjoining properties,
(12) The location of existing and proposed public utilities;
(13) The type of supporting structure, self - supporting lattice, monopole, utility
pole or other;
(14) A detailed description of the project, including but not limited to: purpose,
technical and functional use of the facility, how the facility will close a significant
gap in telecommunications coverage, competent evidence that collocation of
facilities on an existing or other supporting structure is not feasible, and how the
facility is designed to blend into the surrounding environment;
(I5) Photographs attached to the application including:
a. Photographs taken from the supporting structure site, with views from the
proposed location in all directions. The direction (e.g., north, south, etc.) shall be
indicated on each photograph and, as a group, should present a complete (360
degree) view of the area around the supporting structure and its accompanying
telecommunications facilities; and
b. Aerial photographs) of the site and its abutting or adjoining properties.
(16) If for a collocation or modification, the identification of any previously
approved permit for the supporting structure requested to be used.
SECTION 17 -604
Small cell facilities, including their collocation, modification and their supporting
structures may be permitted within any public right -of -way or easement regulated
by the City of Owasso, only by the grant of a right -of -way occupancy permit.
No small cell facility shall be collocated on a utility pole owned by a municipal
public utility or other infrastructure owned by a public utility, except as authorized
and governed by a lease, license or permit approved by the public utility. As such,
they shall be exempt from the requirements of this section.
Ordinance 1158
Page 3 of 7
Unless otherwise permitted by special exception any antenna, including exposed
elements, shall not exceed a volume of three (3) cubic feet. Ancillary equipment
such as any the supporting utility pole or structure, electric meters, concealment
elements, telecommunications demarcation box, ground -based enclosures,
grounding equipment, power transfer switches, cut -off switches, and vertical
cable runs for the connection of power and other services are not included in this
equipment volume calculation.
Unless otherwise permitted by special exception, the siting of any new small cell
facility located within any public right -of -way or easement regulated by the City
of Owasso or a public trust with the City as its beneficiary, shall be subject to the
following regulations:
(1) Small cell supporting structures shall be located a minimum of five- hundred
(500) feet from any other small cell supporting structure located on the some side
of the street. This distance shall be measured in a straight line from the nearest
point of each supporting structure, located at surface grade.
(2) Supporting structures located between any existing utility poles shall be sited
equidistant between them, within ten (10) percent variance of the total distance.
This distance shall be measured in a straight line from the nearest point of each
utility pole, located at surface grade.
(3) Small cell facilities and supporting structures shall be set back from any road
surface or curb no less than three (3) from any road surface or curb.
(4) Small cell facilities and their supporting structures shall be located where there
is no encroachment into any existing or planned corner sight triangles or sight line
triangles. Supporting structures shall not interfere with any safe sight distances or
otherwise block vehicular, bicycle or pedestrian traffic, or conflict with the
installation, maintenance, or repair of any public utility.
(5) The supporting structures of small cell facilities shall be set back a distance
equal to at least 110% of the height of the facility, including its supporting structure,
from any adjacent residential, office, or commercial structure. Small cell facilities
including their support structures shall not exceed fifty (50) feet in height measured
at grade; provided that in no event shall any small cell facilities with their support
structures exceed 110% of the tallest existing utility pole located within 500 feet
along the same street. This distance shall be measured in a straight line from a
small cell facility's supporting structure the nearest point of any utility pole, located
at surface grade.
Small cells and supporting structures shall be designed to blend into the
surrounding environment through the use of color, camouflaging and
architectural treatment, so as to make the antenna and related equipment as
visually unobtrusive as possible.
Small cells and supporting structures shall not be illuminated by artificial means
and may not display strobe lights unless federal or state authorities expressly
require such lighting. When incorporated into the approved design of a supporting
Ordinance 1158
Page 4 of 7
structure, light fixtures used to illuminate ball fields, parking lots or similar areas may
be attached to the supporting structure.
The use of any portion of small cells and supporting structures for advertising or
signs other than warning or equipment information signs is prohibited.
Small cells and supporting structures shall be constructed in compliance with all
applicable federal and state statutes and regulations and all applicable
ordinances of the City, including but not limited to all building, electrical and
mechanical codes adopted by the city or state.
SECTION 17 -605 REQUESTS FOR MODIFICATION OF EXISTING FACILITY
The City may not deny, and shall approve, any eligible facilities request for a
modification of an existing small cell facility that does not substantially change the
physical dimensions of such facility.
Cumulative modifications substantially change the physical dimensions of a small
cell facility, if it meets any of the following criteria:
(1) Supporting structures outside of public rights -of -way or easements that
increases the height of the structure by more than ten percent (1070), or by the
height of one additional antenna array with separation from the nearest existing
antenna not to exceed twenty (20) feet, whichever is greater
(2) Supporting structures in rights -of -way or easement and for all small cell
facilities that increases the height of the structure or facility by more than ten
percent (10%) or ten (10) feet, whichever is greater,
(3) Supporting structures in the rights -of -way and for all small cell facilities that
protrudes from the edge of the structure more than three (3) feet;
(4) Involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets;
(5) Entails any excavation or deployment outside the current site of the tower,
support structure or small cell facility;
(6) Would defeat the existing concealment elements of the tower, supporting
structure or small cell facility; or
(7) Does not comply with conditions associated with the prior approval for
construction or modification of the small cell facility unless the noncompliance is
due to an increase in height, increase in width, addition of cabinets, or new
excavation that does not exceed the corresponding "substantial change"
thresholds identified above.
SECTION 17-606 APPLICATION REVIEW PERIODS
The City shall complete its review and approve or deny a completed application
for:
(1) Modification of an existing small cell facility that does not substantially
change the physical dimensions of such tower or facility within sixty (60) days of
the date such an application is received.
Ordinance 1158
Page 5 of 7
(2) Collocation of small cell and other telecommunication facilities on any
existing supporting structure within ninety (90) days of the date such an
application is received; and
(3) Construction or installation of small cell facility, and all other
telecommunications facilities within one hundred fifty (150) days of the date such
an application is received.
The City may toll the running of the sixty (60), ninety (90) or one hundred (150) days
if it notifies the applicant within thirty (30) days of submission that its application is
incomplete. The timeframes begin to run when an application is first submitted, not
when it is deemed complete by the City.
A determination of incompleteness tolls the timeframes only if the City provides
notice to the applicant in writing within thirty (30) days of the application's
submission, specifically delineating all missing information, and specifying the
code provision, ordinance, application instruction, or otherwise publicly stated
procedures that require the information to be submitted.
Following an applicant's submission in response to a determination of
incompleteness, the City may reach a subsequent determination of
incompleteness based solely on the applicant's failure to supply the specific
information that was requested within the first thirty (30) days. The timeframes
begin to run again when the applicant makes its supplemental submission;
provided that the timeframes may be tolled again if the City notifies the applicant
within ten (10) days that the supplemental submission did not provide the specific
information identified in the original notice delineating missing information.
These timeframes may be extended beyond the sixty (60), ninety (90) or one
hundred (150) days by mutual consent of the applicant and the City.
SECTION 17 -607 DETERMINATION OF APPLICATION
Upon denial or approval of an application for collocation, construction or
installation of small cell facility and all other telecommunications facilities, or
modification of an existing facility, the City shall adopt a written determination
which clearly states the basis for the decision to approve or deny on application. If
on application is denied, the written notice must include substantial evidence in
support of the denial. A notice is considered written if it is included in the minutes
of the public meeting in which the application was denied.
If the City fails to approve or deny on application seeking approval of
modification of an existing small cell facility within the timeframe for review,
accounting for any tolling, the request shall be deemed granted; provided that
the deemed granted shall not become effective until the applicant notifies the
City in writing after the review period has expired, accounting for any tolling, that
the application has been deemed granted.
If the City does not act upon any application for collocation, construction or
installation of a small cell facility, within their prescribed timeframes, then the
Ordinance 1158
Page 6 of 7
applicant may seek redress in a court of competent jurisdiction within thirty (30)
days.
SECTION SEVEN (7): SEVERABILITY
If any section, sentence, clause or phrase of this ordinance or any part of it is for any reason
found to be invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remainder of this ordinance or any part of it.
SECTION EIGHT (8): CODIFICATION
The Chapter and Ordinances above shall be amended and codified in Part Seventeen (17),
Utilities, Chapter Six (6), Small Cell Facilities, of the Owasso Code of Ordinances.
SECTION NINE (9): REPEALER
All ordinances, or parts of ordinance, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION TEN (10): FILING OF ORDINANCE
That there shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this ordinance.
SECTION ELEVEN (11): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
PASSED by the City Council of the City of Owasso, Oklahoma on the 2151 day of
January, 20202.
Chris Wiley, Mayor
ATTEST: i
°F��IPL
(SE L
Clerk
and legality this 2-W dday of nn, a , 2020.
Julie gombardi, City Attorney
Ordinance 1158
Page 7 of 7
CITY OF OWASSO /LEGALS
Ann Julie Stevens
PO BOX 180
OWASSO, OK 74055
Date
J 7 L
Description
02/12/2020 Legal Notices ORDINANCE 1158
626640
tY, Oklahoma, Published v, Okl In the Owasso Reporter, Owasso, Tulsa Coum
ahoma, February 12, 2020.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1158
AN ORDINANCE AMENDING PART 17, UTILITIES, OF
THE CODE OF ORDINANCES OF THE CITY OF OWAS-
50, BY ESTABLISHING A NEW CHAPTER, TITLED
SMALL CELL FACILITIES AND PROVIDING FOR THE
PERMITTING, REQUIREMENTS, AND REGULATION
OF SMALL CELL NETWORK FACILITIES BE IT COUN-
CIL TH,HE CITY OF ORDAINED
OWASSO,, OKLAHOMA THAT, TO.
WIT:
SECTION ONE (1): Part 17 Utilities, Is hereby amended
to Include Chapter 6, Small Cell Facilities, Sections ib
601 through 17 -607, and shall be enacted Into the Code of
Ordinances of the City of Owosso, and shall read as fol.
lows:
SECTION 17401 DEFINITIONS
Collocation - me mounding or Installation of transmission
equipment on an existing support structure for the pur-
pose of transmitting and/or receiving radio frequency sig-
nals for providing telecommunication services.
Decorative Pale - an authority pale that Is speclolly de-
signed and Placed for aesthetic purposes, and on which
no appurtenances or attachments, other than a small
cell facility or specially designed Informational or dl.
rectional signage or temporary holiday or special
event attachments, have been placed or are Permit-
ted to be placed occording to nondiscriminatory mu.
nicipal rules or code.
Small Cell Facility - a IoW. powered wireless base sta.
tion which functions much In the same way m larger
cells In a wide -area, mobile wireless network that
are typically Installed relatively high on a telmom.
oa o private utility's, single -use utllltre or
Y pole
he sole or primary Our poseof SUPporting a sr
Utility Pale - a long, slender, generally vertical and
usually cylindrical ablect, other than a telecommuni-
cations tower, that is or maY be used In whole or In
Fart by a public or private utility for wlreline, wlre-
less or optical telecommunications, electrical distri-
bution, lighting, traffic control, signage or similar
functions.
SEMr L 2 INTEND PURPOS,gF
IRELES TELECOM NICATI- REGU ATION
The Clty declares that by the promulgailon of these land
use regulations governing wireless telecommunications
fOCIUtles, Its intent and purpose is to exercise Its constitu-
tional PUthorlty to regulate matters of local concern and
hletfeeht consistent abov<Ied dralandstate CUthorl }le n pPmwrly
owned by the City, without prior City Council approval
and an associated lease agreement or permit; and within
any Publicly owned or dedicated rlghtaf -way or ease-
ment.
pertaining to wireless
are enacted pursuant
wticle 18 , Section 7,
extension; or renewal
f the streets, alleys, or
any municlmllty, shall
prdinate subdlvislons, of
h use and enloyment.-
t of 1996, Pub. LA. No.
vended, which, In part,
fmmunicmlons services
iection 332(c) (7), which
Id Its Authorities to mg.
n, and modification of
Illtles, provided that
isonablY discriminate
have the effect of pro-
menrs TO OnY pole, duct, conduit ar rights -of.
way controlled by them.
(5) Section d909(a) of the Middle Class Tax Relief and
Job Creation Act of 2012 (1. e., the 'Spectrum Act), codl.
Fled os 47 United States Code, Section 1455, Which man-
dates that a State or local oovernment approve certain
wireless broadband facilities siting requests for modltlw-
tions and collocations of wireless transmission equipment
on an existing tower or base station that does not result
In 0 substantial hnnns
Owasso Reporter • Sand Springs Leader
Skiatook Journal
Wagoner County American - Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Ad Size
2 x 448
Account Number
1016023
Date
February 12, 2020
Affidavit of Publication
Melissa Marshall
of lawful age, being duly
Total Cost
swom, am a legal representative of the Owasso Reporter of Owasso,
Oklahoma, a weekly newspaper of general circulation in Tulsa
County, Oklahoma, a legal newspaper qualified to publish legal
notices, as defined in 25 O.S. § 106 as amended, and thereafter, and
complies with all other requirements of the laws of Oklahoma with
reference to legal publication. That said notice, a true copy of which
is attached hereto, was published in the regular edition of said
newspaper during the period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
02/12/2020
Newspaper reference: 0000626640
Legal Representative
Sworn to and subscribed before me this date:
FEB g 2020
lr
No Public
My Commission expires: DEC 0 8 20
t
------------------
R i NANCY CAROL MOORE
1
SEAL
Notary Public
1 State of Oklahoma I
commission -# 08011884 Expires 12108/22
573.44
SECTION 17-603 APPLICATION REQUIREMENTS
The special exception process, as set forth in the Owasso
Zoning Code, shall be applicable to new small cell facili-
ties. All new small cell facilities, the collocation of small
cell tacllRies on an existing supporting structure, and the
modification of an existing small cell facility shall in-
clude in their applications the Information and docume n-
tation required in this section.
An PPpll..ti.n shall be on a farm furnished by the
City which shall Include, but not be limited to me follow-
on
raniddioital copy of the level
,Perin;
or Proposed restrictive cove.
V, If applicable;
to be set by Resolution of the
an appropriate Scale and can -
following: a. The location and
existing Or propmed above and underground Utlll-
The location of the proposed small cell facility and
supporting structure and other telecommunications
ties by longitude and latitude (degrees, minutes and
ids) and approximate street address, the distance to
learest, abutting road surface, curb and sidewalk,
earest utility pales the proposed site Is between, and
earest existing small cell supporting structures loroi-
ithin 1,000 feet;
The height of the small cell facility and ffs support-
tructum above ground level, In feet and meters, in-
no any top mounted attachments , such as antennae
!shining rods;
The dimensions of the site, Including easements and
eof -way, and loca!!on with respect to streds and ad-
o properties;
The location of the small cell facility, or other tele-
nunlcetwns facilities by longitude and latitude
roes, minutes and seconds) and distance to each
erty line of the site;
The location and dimensions of any buildings or oth.
'uctures located on the site;
The use of the sublect property;
The location, and use of abutting or odloining prop -
The location of existing and proposed public Wilt -
The type of supporting structure, self - supporting
e, monopole, utility pole or other;
of the site and Its abutting or ad-
o or modification, the Identifl-
( approved Permit for the surd
SECTION 17404 REQUIREMENTS
Small cell facilities, including their collocation, modifica-
tion and their supporting structures may be permitted
within any Public right- of-way or eosernem regulated by
the City of Owasso, only by the grant of o rishtof -way oc.
cupancy permit.
No small cell facility shall be callocated on a utility pole
owned by a municipal Public utility or other Infra-
structure owned by a public utility , except as author-
ized and governed by a lease, license or permit ap
Proved by the public utility. As such, they shall be ex-
empt from the requirements of this section.
Unless otherwise permitted by special exception any on-
tenno, Including exposed elements, shall not exceed a yet.
ume of three (3) cubic feet. Ancillary equipment such as
any the supporting utility pole or structure, electric me-
ters, concealment elements, telecommunications demur.
cotton box, ground -hosed enclosures, grounding equip-
ment, power transfer switches, cutoff switches, and verti.
cal cable runs for the connection of power and other serv-
ices ore not included In this equipment volume calcula.
tion.
Unless otherwise permitted by special exception, the
siting of any new small cell facility located within any
Public rhihtof -way or easement regulated by the Qty of
Owasso or o public trust with the City as Its beneficlary,
shall be sub(ect to the following regulations:
(1) Small cell supporting structafes shall be located a
minimum of.five- hundred (500) feet from any other
small cell supporting structure located an the same
side of the street This distance shall be measured in a
straight line from the nearest pint of each supporting
structure, located at surface gram.
(2) supporting structures located between any existing
utility poles shall be sited equidlstont between them, with -
In fen (10) Percent variance of the total distance. This dls-
leace shell be measured In a straight line from the near-
est point of each utility pale, located at surface grade.
(3) Small cell facilities and supporting structures shall be
set back from any read surface or curb no less than three
(3) from any road surface or curb.
(4) Small cell facilities and their supporting struc.
tures shall be located where there is no encroach-
ment into any existing or planned corner sight trian.
gles or sight line triangles. Supporting structures
shall not Interfere With any safe sight distances or
otherwise black vehicular, bicycle or Pedestrian traf-
fic, or conflict with the Installation, maintenance, or
repair of any Public Utility.
(5) The supperitro structures of small cell facilities shall
be set back a distonca eaual to at least 110% of the height
hall not exceed fifty (5o) feet in height measured at
rode) provided that In no event sholl any small Cell to-
Ilifies with their support structures exceed 110% of the
cllest existing utility pole located within 500 feet along
he some street. This distance shall be measured In a
freight line from a small cell facility's supporting struc.
ture the nearest Point of any utility pole, located at sur-
face grade.
Small cells and supporting structures shall be designed to
blend Into the surrounding environment through the
use of color, camouflagino . and architectural treat-
ment, so as to make the antenna and related equipment
as visually unobtrusive as Possible.
Small cells and supporting structures shall not be Illumi-
noted by ort ficiol means and may not display strobe
lights unless federal or state authorities expressly re-
quire such lighting. When Incorporated into the approved
design of o supporting structure, light fixtures used to It.
luminate ball fields, parking lots or similar areas may be
Off ached to the supporting structure.
turns far sg ar signs other than Wamlap or equip
ingot inforrmation mation signs is Prohibited.
Small cells and supporting structures shall be construct-
ed in compliance with all applicable federal and state
statutes and regulations and all applicable ordinan-
ces of the City, Including but not limited to all build.
Ing, electrical and mechanical codes adopted by the
city or state.
SECTION I>ia5 REOUE5TS FOR MODIFICATION
OF EXISTING FACILITY
The City may not deny, and shall approve, any ellgl-
ble facilities request for a modification of an existing
small cell facility that does not substantially change the
Physical dimensions of such facility.
Cumulative modifirntlms substantially change the Physl-
cal dimensions of a small cell facility, If it meets any of
the following criteria:
(1) Supporting structures outside of public rlghisof -way
or easements that increases the height of the structure
by more than ten Percent (10 %), or by the height of one
additional antenna array with separation from the hear.
est existing antenna not to exceed twenty (20) feet, which.
ever is greater
(2) Supporting structures In rlght"f -way or easement
and for all small cell facilities that Increases the height
of the structure or facility by more then ten percent
Ing structures in the rightsof -way and far all
ocilifies that protrudes from the edge of
'e more than three (3) feet;
s Installation of more than the standard num-
eeulpment cabinets for the technology In.
iot to exceed four cabinets;
any excavation or deployment outside the
of the tower, support structure or small Cell
(6) Would defeat the existing concealment elements of
the tower, supporting structure or small cell facility; or
(7) Does not comply with conditions associated with the
Prior approval for construction or modification of the
small cell facility unless the noncompliance Is due to
an Increase in height, increase In width, addition of
cabinets, or new excavation that does not exceed the
corresponding 'substantial change- thresholds Identi.
fied above.
SECTION 17406 APPLICATION REVIEW PERIODS
The City shall Complete Its review and approve or deny a
completed application far:
(1) Modification of an existing small cell facility that
does not substantially change the physical dimensions of
such tower or facility within sixty (60) days of the date
such an application Is received.
(2) Collocation of small cell and other telecommunica-
tion Iodide; on any existing supporting structure Within
ninety (90) days of the date such an application is re-
ceived; and
(3) Construction or Installotlon of small cell facility,
and all other telecommunications facilities within one
hundred fifty (150) days of the date such an application is
received.
The City may fall the running of the sixty (60), ninety
(90) ar one hundred (ISO) days If It notifies the applicant
within thirty (30) days of submission that its application
Is incomplete. The fimefmmes begin to run when an op-
plication is first submitted, not When It Is deemed Com-
plete by the City.
A determination of incompleteness tolls the timeframes
only If the City Provides notice to the applicant In writ -
Ing within thirty (30) days of the application's submis-
sion, specifically delineating all missing information,
and specifying the code Provision, ordinance, applica-
tion Instruction, or otherwise publicly stated procedures
that require the Information to be submitted.
Following on applicant's submission In response to a de-
termination of incompleteness, the City may reach a sub.
Sequent determination of Incompleteness based solely an
the applicant's failure to supply the specific Information
that was requested within the first thirty (30) days. The
timeframes begin to run again when the mallcant makes
its supplemental submission; Provided that the time-
frames may be tolled again if the City notifies the appli-
cant within fen (10) days that the supplemental submis-
sion did not provide the specific Information iderdlffed In
the original notice delineating missing information.
These timeframes may be extended beyond the sixty
(60), ninety (90) or one hundred (150) days by mutual
consent of the applicant and the City.
SiECT O 740 DETERMINATION OF APPLI-
CATIO
Upon denial or approval of an application for colloca-
tion, construction or Installation of small cell facility
and all other telecommunications facilities, or modifi-
cation of an existing facility, the City shall adapt a
written determination which clearly states the basis
for the decision to approve or deny an application. If
an application Is denied, the written notice must in-
clude substantial evidence In support of the denial. A
notice Is considered written If it Is Included In the mi-
nutes of the public meeting In which the application was
denied.
If the City fails to approve or deny on application seeking
oppraval of modification of an existing small cell facility
within the fimeframe for review, accounting for any toll-
[he, the request shall be deemed granted; provided that
the deemed granted shall not became effective until the
applicant notifies the City in writing after the review perl-
ad has expired, accounting far any tolling, that the oPPIi-
catlm has been deemed granted.
If the City tlays not act upon any application far Colima -
tion, construction or Installation of a small cell focill.
ty, within their Prescribed timeframes, then the Omit-
cant may seek redress in a wart of competent luris-
diction within thirty (30) days.
SECTION SEVEN (7): SEVERARILITY
If any section, sentence, clause or Phrase of this ordi-
nance or any part of it is for any reason found to be inva.
lid by a court of competent lurisdiction, such decision
shall not affect the validity of the remainder of this ordi.
nance or any Part of it.
SECTION EIGHT (g): CODIFICATION
The Chapter and Ordinances above shot] be amended
and codified in Part Seventeen (17), Utilities, Chapter
six (6), Small Cell Facilities, of me Owosso Code of Ordl-
nances.
SECTION NINE (9)s REPEALER
All ordinances, or parts of ordinance, in conflict with this
ordinance are hereby repealed to the extent of the con-
flict only.
SECTIONTEN00): FILING OF ORDINANCE
That there shall be filed in the office of the County Clerk
of Tulsa County, Oklahoma, a true and correct copy of
this ordinance.
SECTION ELEVEN (11): DECLARING AN EFFEC-
TIVE DATE
The provisions of this ordinance shall become effective
thirty (30) days from the date of final passage as provid.
ed by state law.
PASSED by the City Council of the City of Owasso, Okla-
homa on the 21st day of January, 20202.
Id Chris Kelley, Mayor
ATTEST: /s/ Juliann M. Stevens, City Clerk
APPROVED as to form and legality this 21st day of Jan-
uary, 20202: Is/ Julie Lombardi, City Attorney
J�
flERL p00p10 • REAL L�nm[b, • flEPL Leinmunpy
TO: The Honorable Mayor and City Council
FROM: Roger Stevens
Public Works Director
APPROVED BY COUNCIL
JAN 2 9 zuzu
SUBJECT: Ordinance 1158 and Resolution 2020 -03, Small Cell Wireless Facilities Deployment
Proposed Ordinance and Fee
DATE: January 17, 2020
BACKGROUND:
In February 2018, the Oklahoma Small Wireless Facilities Deployment Act (SB1388) was
introduced, signed into law in April 2018, and effective November 1, 2018. The Act outlines
procedures and rules for deploying and collocating small cell equipment in public rights -of -way.
The bill also establishes a permitting process for small cell deployments.
Small cell facilities cover a smaller, targeted, localized area to provide 5G connectivity to
wireless network subscribers in areas that typically present capacity and coverage challenges
with traditional wide -area wireless networks. Small cell facilities are smaller in size and more
conducive for placement on an existing support structure or installation on a single private utility
pole erected for the sole or primary purpose of supporting the small cell facility.
PROPOSED ORDINANCE:
Per the Oklahoma Small Wireless Facilities Deployment Act, the wireless providers are allowed to
install their small cell facilities in residential and commercial areas as long as they utilize a public
right -of -way or easement. In addition, the pole material selected for each site is vague and
does not clarify who has the authority to select such material.
As a result, City staff is proposing an ordinance which would allow staff to regulate the
permitting, placement, and aesthetics of the new cellular equipment. Following is a summary of
the proposed rules and regulations within the ordinance:
• Small cell supporting structures shall be located a minimum of five- hundred (500) feet
from any other small cell supporting structure;
• Small cell facilities and supporting structures shall be set back from any road surface or
curb no less than three (3) feet;
• Small cells and supporting structures shall be designed to blend into the surrounding
environment through the use of material, color, camouflaging and architectural
treatment;
• Small cell facilities shall not exceed fifty (50) feet in height;
• The use of any portion of a small cell facility or supporting structure for advertising or signs
other than warning or equipment information signs is prohibited;
• Application Requirements (see proposed ordinance)
PROPOSED RESOLUTION:
As stated in the Oklahoma Small Wireless Facilities Deployment Act, municipalities have the
ability to charge a fee for access to the right -of -way and public easement for the installation,
modification or replacement of a utility pole and the collocation of an associated small wireless
facility. The proposed fee per pole is $350.00.
In addition, the Act allows a municipality to charge a fee for collocation of a small wireless
facility on an existing structure or a replacement pole owned by the municipality. The proposed
fee to collocate a small wireless facility onto an existing structure or replacement pole is $200.00
each for the first five facilities listed on the application, and $100 for each additional facility listed
on the same application, which is in accordance with state law.
7101* u,1_,1D_ •.
Staff recommends adoption of Ordinance 1158, amending Part 17, Utilities, by enacting a new
Chapter 6, Small Cell Facilities, Sections 17 -601 through 17 -607 into the Code of Ordinances.
Staff further recommends approval of Resolution 2020 -03, establishing fees related to the Small
Wireless Facilities and amending the Comprehensive Master Rate and Fee Schedule.
ATTACHMENTS:
Ordinance 1158
Resolution 2020 -03
Small Cell Tower Image