A. A provider must install, construct, and maintain its facilities in strict accordance with the Code and the City’s design standards, concepts, and requirements for small wireless facilities in the local public right-of-way. If a facility has more than one provider, each provider is jointly and severally responsible to comply with the requirements of this chapter. Facilities must be installed, constructed and maintained so that no additional costs are imposed upon the City, and so that the facility does not interfere with other uses or users of the local public right-of-way and does not limit the requirements of any other provision of the Code, or the provisions of any license, permit, or agreement issued by the City.

B. The facilities must be constructed, installed, operated, and maintained by the provider at a location that interferes as little as possible with traffic or other authorized uses over, under, or through the local public right-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities will be subject to regulation by the City Manager, or his designee. The provider must keep accurate installation records of the location of all small wireless facilities in the local public right-of-way and furnish them to the City upon request or at such periodic intervals as the City may require. Upon completion of new or relocation construction of underground facilities in the local public right-of-way, the provider must provide the City, if requested or as required, with installation records in a format compatible with the then-current City mapping format that shows the location of the underground and above ground facilities.

C. Whenever the provider may cause any work or alteration to be made for any purpose in the local public right-of-way, the work must be completed within the time specified in the license, permit, or agreement, or if no time is specified within a reasonable time. In addition, the provider must, without expense to the City and upon the completion of such work, restore the property disturbed in a manner consistent with the City’s duly adopted standards, and as required by any permits, licenses, or agreements.

D. The installation, use, and maintenance of the provider’s facilities within the local public right-of-way authorized in this chapter must be in such a manner as not to interfere with the City’s placement, construction, use, and maintenance of its rights-of-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other City systems that have been, or may be, installed, maintained, used or authorized by the City. Upon the City’s request, provider’s facilities must be relocated at provider’s expense, unless State law expressly requires otherwise. Upon the City’s request, by a time specified by the City, if the provider fails to move its facilities, the City may do so and the provider must pay the City’s costs within 30 days from the date of invoice provided by the City. Further, the provider must reimburse the City for any additional cost the City incurs due to the location or relocation of the provider’s facilities, including all design and construction costs.

E. The provider must not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another provider located within the local public right-of-way.

F. All small wireless facilities must be installed per plans submitted by provider in its application submitted and approved by the City. Provider may install small wireless facilities on existing poles or in existing conduit where permission is granted by owner of the pole or conduit, except where those same poles are scheduled to be replaced with buried facilities. The City may require the provider to prove that it has such permission from the owner to use the owner’s facilities. If provider installs small wireless facilities on existing poles as provided herein, the provider must bury its facilities when such poles are removed and not replaced in kind for any reason. If the provider makes use of existing conduit of another provider, the provider will be subject to the provisions of this chapter in the use of such conduit in the local public right-of-way.

G. Each provider must obtain and maintain such insurance, bonding, and security fund requirements as specified by the City, or if no specific requirements are designated, as are required by the City for similar facilities.

H. No work may commence unless these requirements have been satisfied, and the City may require the provider to remove or stop work on facilities, or require a provider to cease using the facility, when any insurance, bonding, or security fund requirements are not satisfied.

I. A permit must be obtained from the City prior to a provider removing, abandoning, relocating, or reconstructing, if necessary, any portion of a provider’s facilities in the local public right-of-way. Notwithstanding the foregoing, when emergency repairs are required by Federal or State law or acts of God, the provider will notify the City prior to such repairs, if practicable, and will obtain the necessary permits within 24 hours after the work begins. (Ord. No. G-6407, 2018)