Sec. 711.427. - Registration and Permit for placing, maintaining or collocating Communications Facilities in City Rights-of-Way associated with Collocation of Small Wireless Facilities or Small Wireless Sole Purpose New Utility Poles.

(a) Registration required. A Communications Services Provider that desires to place, maintain, or Collocate a Small Cell Facility or a Small Wireless Sole Purpose New Utility Pole in the City's Right-of-Way shall Register with the City's Public Works Department, Development Services Division in accordance with Subpart A prior to submitting an Application for review under this Part. A Communications Services Provider shall not be eligible to obtain a Permit under this Part until such Communications Services Provider has Registered. (b) Compliance with Subpart A. It is intended that all requirements, conditions and other terms identified in Subpart A to this Part are applicable to registrations and applications for any Collocated Small Wireless Facility or Small Wireless Sole Purpose New Utility Pole proposed to be located in the City's Right-of-Way. All requirements contained in this Subpart should be read as additional requirements to those identified in Subpart A unless requirements in this Subpart are in conflict or context clearly indicates otherwise. In such cases, the requirements in this Subpart shall control. (c) Undergrounding . (1) New Small Wireless Facilities. In an area where City has required all public utility lines in the City Right-of-Way to be placed underground, a Communications Service Provider must comply with written, objective, reasonable, and nondiscriminatory requirements that prohibit new Utility Poles used to support Small Wireless Facilities if: (i) City, at least 90 days prior to the submission of an Application, has required all public utility lines to be placed underground; (ii) Structures that City allows to remain above ground are reasonably available to Communications Service Providers for the Collocation of Small Wireless Facilities and may be replaced by a Communications Service Provider to accommodate the Collocation of Small Wireless Facilities; and (iii) A Communications Service Providers may install a new Utility Pole in the designated area in the City Right-of-Way that otherwise complies with this subsection and it is not reasonably able to provide Wireless Services by Collocating on a remaining Utility Pole or other structure in the City Right-of-Way. (2) Pre-existing Small Wireless Facilities. For Small Wireless Facilities installed before City adopts requirements that public utility lines be placed underground, City must: (i) Allow a Communications Service Provider to maintain the Small Wireless Facilities in place subject to any applicable pole attachment agreement with the pole owner; or (ii) Allow the Communications Service Provider to replace the associated pole within 50 feet of the prior location in accordance with Subpart E. (Ord. 2017-863-E , § 4; Ord. 2019-770-E , § 8; Ord. 2025-30-E , § 22)