HomeMy WebLinkAboutOrdinance No. 0967Ordinance No. 967
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING
TITLE 19 OF THE MEDINA MUNCIPAL CODE TO ADD A NEW CHAPTER
19.14 TITLED SMALL WIRELESS DEPLOYMENTS WHICH WILL GOVERN
THE DEPLOYMENT OF SMALL WIRELESS FACILITIES; AMENDING MMC
SECTION 19.02.020 TO REVISE DEFINITIONS PERTAINING TO SMALL
WIRELESS FACILITIES; AMENDING MMC SECTION 19.02 TO ADD NEW
SECTION 19.02.140 AUTHORIZING ISSUANCE OF SMALL WIRELESS
FACILITY PERMITS; ADOPTING FINDINGS IN SUPPORT OF THE
FOREGOING; DECLARING A PUBLIC EMERGENCY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE
WHEREAS, the Federal Communications Commission (FCC) recently adopted a
Declaratory Ruling, Order and Regulation (Ruling), and which Ruling imposes limitations on the
processing and review of all permits associated with the deployment of small wireless facilities,
including setting presumptive safe harbor review periods for the consideration of such facilities;
and
WHEREAS, such regulations effectively require the City of Medina (City) to have small
wireless standards and procedures in place on or before January 14, 2019; and
WHEREAS, poles within the public rights -of -way have been identified by the FCC as a
primary resource for the deployment of small wireless facilities which are intended to increase
the density and accessibility of radio frequency signals employed by smart phones and other
wireless devices; and
WHEREAS, the City Council deems it to be in the public interest to revise, update, and
add to its franchising requirements to deal specifically with small wireless facilities to be located
in the City's rights -of -way, and to do so in conjunction with revisions and additions to the zoning
code;
WHEREAS, contemporaneously with the consideration of this ordinance, the City
Council enacted amendments to MMC Title 20 by amending MMC chapter 20.37 and adopting a
new MMC chapter 20.38 authorizing and establishing aesthetic standards for the deployment of
small wireless facilities;
WHEREAS, the City Council finds that the existence of the FCC regulations requires the
enactment of administrative procedures and processes to comply with the new presumptive
federal safe harbors on or before January 14, 2019; and
WHEREAS, the City is authorized by RCW 35A.12.130 to expeditiously adopt
ordinances due to a public emergency for the protection of the public peace, safety, or health;
and
Ordinance No. 967 Page 1 of 12
WHEREAS, the potential conflict between existing City review timelines and the
presumptive safe harbor review times under the new FCC regulations creates an emergency;
and
WHEREAS, the City Council finds that adopting the franchising and application
regulations set forth here are necessary for the immediate preservation of the public peace,
health or safety;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGOTN,
DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to adopt and establish revisions
to the City's Telecommunications Code in response to the FCC Ruling restricting the City's
ability to regulate the deployment of small wireless facilities.
Section 2. Findings. The City Council adopts its findings above and further finds that
this ordinance is necessary, in conjunction with Ordinance No. 968, to address potential
applications for small wireless facilities within the presumptive safe harbor review periods
prescribed by the FCC Ruling. As such, a public emergency exists requiring that this ordinance
take effect immediately upon passage.
Section 3. Amendment to MMC 19.02.020. The Medina Municipal Code Section
19.02.020 is hereby amended as follows:
The following words and phrases shall have the following meanings, unless the context of the
sentence in which they are used shall indicate otherwise:
"Affiliate" means a person who (directly or indirectly) owns or controls, is owned or controlled by,
or is under common ownership or control with another person;
"Applicant" means any person or entity that applies for any authorization, franchise, lease, or
permit pursuant to this title;
"Cable Act" means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992;
"Cable facilities" means equipment and wiring used to transmit audio and video signals to
subscribers;
"Cable operator" means a telecommunications carrier providing or offering to provide "cable
service" within the city as that term is defined in the Cable Act;
"Cable service," for the purpose of this title, shall have the same meaning provided by the Cable
Act;
"Cable system" means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide cable service
and other service to subscribers;
"City" means the city of Medina, Washington;
Ordinance No. 967 Page 2 of 12
"City property" means and includes all real property owned by the city, other than public streets
and utility easements as those terms are defined herein, and all property held in a proprietary
capacity by the city, which are not subject to right-of-way licensing and franchising;
"Council" means the city council of the city of Medina, Washington acting in its official capacity;
"Data communication" means:
1. The transmission of encoded information, or
2. The transmission of data from one point to another;
"Director" means the Development Services Director or his/her designee;
"Emergency" means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars;
"Excess capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional telecommunications facilities;
"FCC" or "Federal Communications Commission" means the federal administrative agency, or
lawful successor, authorized to regulate and oversee telecommunications carriers, services and
providers on a national level;
"Fiber optics" means the technology of guiding and projecting light for use as a communications
medium;
"Franchise" shall mean the initial authorization, or renewal thereof, approved by an ordinance of
the city, which authorizes the franchisee to construct, install, operate, or maintain
telecommunications facilities in, under, over, or across rights -of -way of the city and to also
provide telecommunications service to persons or areas in the city;
"Franchisee" means the person, firm or corporation to whom or which a franchise, as defined in
this section, is granted by the council under this title and the lawful successor, transferee or
assignee of said person, firm or corporation subject to such conditions as may be defined in this
title;
"Grantee" means the person, firm or corporation to whom or which a franchise, as defined in this
section, is -granted by the council under this Chapter and 'the lawful successor, transferee or
assignee of such person, firm or corporation;
"Grantor" means the City of Medina acting through its City Council-,
"Light Pole" means a Pole owned by the City and used primarily for light streets, parking areas,
parks or pedestrian paths;
"Open video system" or "OVS" refers to a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, which is provided to multiple subscribers within a community, and which the Federal
Ordinance No. 967 Page 3 of 12
Communications Commission or its successors has certified as compliant with Part 76 of its
rules, 47 C.F.R., Part 76, as amended from time -to -time;
"Operator" means the person, firm or corporation to whom a franchise is granted pursuant to the
provisions of this title;
"Overhead facilities" means utility poles, utility facilities and telecommunications facilities located
above the surface of the ground, including the underground supports and foundations for such
facilities;
"Person" means and includes corporations, companies, associations, joint stock companies or
associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
"Property of franchisee" means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this title;
"Proposal" means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city;
"Right-of-way" means land acquired or dedicated for public roads and streets, but does not
include state highways or land dedicated for roads, streets and highways not opened and not
improved for motor vehicle use by the public;
"Service provider": Is defined consistently with RCW 35.99.010(6). Service provider shall
include those infrastructure companies that provide telecommunications services or equipment
to enable the deployment of personal wireless services:
"Small wireless" and "small wireless facility" shall have the same meaning as a "small wireless
facility" as set forth in 47 CFR 1.6002:
"State" means the state of Washington;
"Structure" means a pole, tower, base station, or other building, whether or not it has an existing
antenna facility, that is used or to be used for the provision of personal wireless service
(whether on its own or comin-gled with other types of services):
"Surplus space" means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment*,
"Telecommunications carrier" means and includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the city, used or to be used
for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or
wireless telecommunications services;
Ordinance No. 967 Page 4 of 12
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium;
"Telecommunications system" see "telecommunications facilities";
"Traffic Siqnal Poles" means a pole that supports equipment used for controlling traffic, including
but not limited to traffic fights, rapid flashing beacons, speed radar, and school zone flashers;
"Underground facilities" means utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead
facilities;
"Universal service" means a level of and definition of telecommunications services as the term is
defined by the FCC through its authority granted pursuant to Section 254 of the Act;
"Usable space" means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations;
"Utility facilities" means the plant, equipment and property, including but not limited to the poles,
pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the rights -of -way of the city and used or to be used for the
purpose of providing utility or telecommunications services..-;
"Utility Pole" means a structure designed and used primarily for the support of electrical wires,
telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or
pedestrian paths;
"Washington Utilities and Transportation Commission" or "WUTC" means the state
administrative agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services, and providers in the state of Washington to the extent
prescribed by law;
"Wireline" means services provided using a physically tangible means of transmission, including
without limitation wire or cable, and the apparatus used for such transmission.
Section 4. Amendment to MMC 19.02 — Adoption of New Section 19.02.140. Chapter
19.02 of the Medina Municipal Code is hereby amended by the addition of a new section
19.02.140 Small Wireless Facility Permit Required to provide in its entirety as follows:
19.02.140 Small Wireless Facility Permit Required.
Except as otherwise provided herein, any telecommunications carrier who
desires to construct, install, operate, maintain or otherwise locate a small
wireless facility, as defined in chapter 19.02.020, in, under, over or across any
Ordinance No. 967 Page 5 of 12
public way of the city or on any public structure for the purposes of providing
telecommunication services to persons and areas in or outside the city shall first
obtain a small cell permit pursuant to Chapter 19.14 MMC and 20.38. MMC*
Section 5. Amendment of Title 19 — Adoption of New Chapter 19.14. Title 19 of the
Medina Municipal Code is hereby amended by the addition of a new chapter 19.14 Small
Wireless Deployment and is hereby enacted as follows:
Chapter 19.14
Small Wireless Deployment
Sections:
19.14.010
Application Process.
19.14.020
Small wireless permit application.
19.14.030
Review process.
19.14.040
Permit requirements
19-14.050 Modifications to small wireless facilities.
19.14.060
Consolidated Permit.
19.14.010 Application Process.
A. Overview. In order to manage its rights -of -way in a thoughtful manner which balances
the need to accommodate new and evolving technologies with the preservation of the natural
and aesthetic environment of the City, the City of Medina has adopted this administrative
process for the deployment of small wireless facilities. The City and applicant for a franchise
and other permits associated with the deployment of small wireless facilities face challenges in
coordinating applicable legislative and administrative processes under the Federal
Communications Commission (FCC) regulations. A franchise for the use of the City's right-of-
way is a contract which requires approval by the City Council. The small wireless permits are
issued by the Director. Applicants are encouraged and expected to provide all related
applications in one submittal, unless they have already obtained a franchise.
B. Application Process. The Director is authorized to establish franchise and other
application forms to gather the information required by these ordinances from applicants and to
determine the completeness of the application process as provided herein. The application
shall include Parts A, B, and C as described below.
1. Franchise. The process typically begins with and depends upon approval of a
franchise for the use of the public right-of-way to deploy small wireless facilities if any
portion of the applicant's facilities are to be located in the right-of-way. A complete
application for a franchise is designated as Part A. An applicant with a franchise for the
deployment of small wireless facilities in the City may proceed to directly apply for a
small wireless facility permit and related approvals (Parts B and C).
2. Small Wireless Facility Permits. Part B of the application requires specification of
the small wireless facility components and locations as further required in the small
wireless permit application described in Section 19.14.020.
Ordinance No. 967 Page 6 of 12
3. Associated Permit(s). Part C of the application shall attach all associated permits
requirements including but not limited to permits required under MMC 19.12, and
applications or check lists required under the Critical Areas, Shoreline or SEPA
ordinances. Applicants for deployment of small wireless facilities in City Design Zones
or for new poles shall also comply with the requirements in Chapter 20.38.070.
4. Leases. An applicant who desires to attach a small wireless facility to any utility
pole or light pole owned by the City shall include an application for a lease as a
component of its application. The Director is authorized to approve leases in the form
approved for general use by the City Council for any utility pole or light pole in the right-
of-way. Leases for the use of other public property, structures or facilities shall be
submitted to the City Council for approval.
19.14.020 Small Wireless Permit Application.
The following information shall be provided by all applicants for a small wireless permit:
A. The application shall provide specific locational information including GIS coordinates of
all proposed small wireless facilities and specify where the small wireless facilities will utilize
existing, replacement or new poles, towers, existing buildings and/or other structures. Ground
mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for
and intended for use in the deployment shall also be specified regardless of whether the
additional facilities are to be constructed by the applicant or leased from a third party. Detailed
schematics and visual renderings of the small wireless facilities, including engineering and
design standards, shall be provided by the applicant. The application shall have sufficient detail
to identify:
1. The location of overhead and underground public utility, telecommunication,
cable, water, sewer drainage and other lines and equipment in the rights -of -way along
the proposed route;
2. The specific trees, structures, facilities, lines and equipment, and obstructions, if
any, that applicant proposes to temporarily or permanently remove or relocate and a
landscape plan for protecting, trimming, removing, replacing, and restoring any trees or
areas to be disturbed during construction.
3. All existing proposed improvements related to the proposed location, including
but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and
structures within 250 feet from the proposed site.
4. The construction drawings shall also include the applicant's plan for electric and
fiber utilities, all conduits, cables, wires, handholes, junctions, meters, disconnect
switches, emergency backup cabinets, and any other ancillary equipment or construction
necessary to construct the small wireless facility.
5. If the site location includes a replacement light pole, then the applicant must
submit a photometric analysis of the roadway and sidewalk 150 feet upstream and
downstream of the existing light.
Ordinance No. 967 Page 7 of 12
5. Compliance with the aesthetic requirements of Chapter 20.38.060.
B. The applicant must show written approval from the owner of any pole or structure for the
installation of its small wireless facilities on such pole or structure. To extent that the pole or
structure is not owned by the property owner, the applicant shall demonstrate in writing that they
have authority from the property owner to install the small wireless facility on the pole or
structure. Such written approval shall include approval of the specific pole, engineering and
design standards, as well as assurances that the specific pole can withstand wind and seismic
loads, from the pole owner, unless the pole owner is the City. Submission of the lease
agreement between the owner and the applicant is not required. For city -owned poles or
structures, the applicant must obtain a. lease from the City prior to or concurrent with the small
wireless permit application and must submit as part of the application the information required in
the lease for the City to evaluate the usage of a specific pole.
C. The applicant can batch multiple small wireless facility sites in one application. The
applicant is encouraged to batch the small wireless facility sites within an application in a
contiguous service area.
D. Any application for a small wireless facility located in the right-of-way adjacent to a
parcel zoned for residential use shall demonstrate that it has considered the following:
1. Whether the proposed small wireless facility could be located on a street corner
rather than in the middle of a block.
2. Whether a small wireless facility is currently installed on an existing pole in front
of the same residential parcel. If a small wireless facility exists, then the applicant must
demonstrate that no technically feasible alternative location exists which is not in front of
the same residential parcel.
3. Whether the proposed small wireless facility can be screened from residential
view by choosing a pole location that is not directly in front of a window or views.
E. Any application for a small wireless permit which contains an element which is not
exempt from SEPA review shall simultaneously apply under Chapter 43.21 C RCW and Chapter
18.04. Further, any application proposing small wireless facilities in Shoreline Management
Zones (pursuant to MMC 20.6) or in Critical Areas (pursuant to MMC 20.50) must indicate that
the application is exempt or comply with the review processes in such codes.
F. The applicant shall submit a sworn affidavit signed by an RF Engineer with knowledge of
the proposed project affirming that the small wireless facilities will be compliant with all FCC and
other governmental regulations in connection with human exposure to radio frequency
emissions for every frequency at which the Small Wireless facility will operate. If facilities which
generate RF radiation necessary to the Small Wireless facility are to be provided by a third
party, then the small wireless permit shall be conditioned on an RF Certification showing the
cumulative impact of the RF emissions on the entire installation. The applicant may provide one
emissions report for the entire small wireless deployment if the applicant is using the same
small wireless facility configuration for all installations within that batch or may submit one
emissions report for each subgroup installation identified in the batch.
Ordinance No. 967 Page 8 of 12
G. The applicant shall provide proof of FCC and other regulatory approvals required to
provide the service(s) or utilize the technologies sought to be installed.
H. A professional engineer licensed by the State of Washington shall certify in writing, over
his or her seal, that both construction plans and final construction of the small wireless facilities
and structure or pole and foundation are designed to reasonably withstand wind and seismic
loads as established by the International Building Code.
A traffic control plan as required by MMC 19.12.
J. The applicant shall endeavor to use the quietest equipment possible and shall state the
noise levels of all equipment utilized.
K. Pursuant to MMC 19.14.040(F), applicants shall include documentation that
demonstrates that there is a licensed provider of wireless services contractually committed to
using the proposed small wireless facility at the requested location.
L. Recognizing that small wireless facility technology is rapidly evolving, the Director is
authorized to adopt and publish standards for the technological and structural safety of City -
owned structures and to formulate and publish application questions for use when an applicant
seeks to attach to City -owned structures.
19.14.030 Review Process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. In any zone, upon application for a small wireless permit, the City will permit
small wireless deployment on existing or replacement utility poles conforming to the
City's generally applicable development and design standard adopted pursuant to
Chapter 20.38.060 except as provided in subsection B below.
2. Vertical clearance shall be reviewed by the Director to ensure that the small
wireless facilities will not pose a hazard to other users of the rights -of -ways.
3. Replacement poles and new poles shall comply with the Americans with
Disabilities Act (ADA), City construction and sidewalk clearance standards, traffic
warrants, city ordinances, and state and federal statutes and regulations in order to
provide a clear and safe passage within the rights -of -way. Further, the location of any
replacement pole or new pole must: be physically possible, cannot obstruct vehicular
or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g.,
fire hydrants, traffic control devices), and not adversely affect the public welfare,
health, or safety.
4. No equipment shall be operated so as to produce noise in violation of Chapter
8.06 MMC.
5. Small wireless facilities may not encroach onto or over private property or
property outside of the right of way without the property owner's express written
consent.
Ordinance No. 967 Page 9 of 12
6. Development Services Department. Small wireless facilities on existing infrastructure
shall be reviewed and approved by the Director. Small wireless facilities deployment in areas
designated as Design Zones pursuant to Chapter 20.38.050, as well as new non -City owned
poles, or replacement poles deviating from the pole design standards adopted pursuant to
Chapter 20.38.060, are subject to review by the Hearing Examiner.
7. Eligible Facilities Requests. The design approved in a small wireless facility permit shall
be considered concealment elements and such facilities may only be expanded upon an Eligible
Facilities Request described in Chapter 20.38.080 when the modification does not defeat the
concealment elements of the small wireless facility.
8. Review of Facilities. Review of the site locations proposed by the applicant shall be
governed by the provisions of 47 USC 253 and 47 USC 332 and other applicable statutes,
regulations and case law. Applicants for franchises and the small wireless facility permits shall
be treated in a competitively neutral and non-discriminatory manner with other service
providers, utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement, or cumulative
impacts. Small wireless facility permit review under this Chapter shall neither prohibit nor have
the effect of prohibiting the ability of an applicant to provide telecommunications services.
9. Collaborative Review. The Director may require the applicant to produce a
representative to collaboratively review application materials with City staff up to one time per
week during the course of the City's review. The required applicant representative may include
an engineer and/or a siting specialist with sufficient understanding of the project to
knowledgeably address questions or concerns the City may have on the application. The City
must provide seven (7) days' notice to applicant of the date, time, location, anticipated scope of
review, and requested participants for the meeting.
10. Final Decision. Consistent with this Chapter as well as other applicable code provisions
including but not limited to MMC 20.38.060, the Director or his/her designee shall review an
application to site small wireless facilities, with the exception of new poles in the rights -of -way
which is governed by MMC 20.38.070, for completeness and notify the Applicant consistent with
the requirements of federal and state law.
11. Public Comment. The City shall provide notice of a complete application for a small
wireless facility permit on the City's website with a link to the application. The notice shall
include an email contact and telephone number for the applicant to answer citizen inquiries.
The applicant shall notice and hold at least one (1) informational meeting for the public within 30
days of filing the complete application. These informational meetings are for the public's
information and are neither hearings nor part of any land use appeal process.
12. Withdrawal. Any applicant may withdraw an application submitted pursuant to 19.14.020
at any time, provided the withdrawal is in writing and signed by all persons who signed the
original application or their successors in interest. When a withdrawal is received, the
application shall be deemed null and void. If such withdrawal occurs prior to the Director's
decision, then reimbursement of fees submitted in association with said application shall be
prorated to withhold the amount of City costs incurred in processing the application prior to time
of withdrawal. If such withdrawal is not accomplished prior to the Directors decision, there shall
be no refund of all or any portion of such fee.
Ordinance No. 967 Page 10 of 12
13. Supplemental Information. Failure of an applicant to provide additional information as
requested pursuant to 19.14.020 by the Director within sixty (60) days of notice by the Director
shall be deemed a denial of that application, unless an extension period has been approved by
the Director.
19.14.040 Permit Requirements
A. The grantee of any permit shall comply with all of the requirements within the small
wireless permit.
B. Small wireless facilities installed pursuant to a small wireless facility permit may proceed
to install the approved small wireless facilities without the need for an additional right-of-way use
permit if construction is commenced within thirty (30) days of approval by providing email or
written notice to the Director. Facilities approved in a small wireless permit in which installation
has not commenced within thirty (30) days of the approval of a small wireless facility permit shall
apply for and be issued a right-of-way use permit to install such small wireless facilities in
accordance with the standard requirements of the City for use of the right-of-way.
C. Post -Construction As-Builts. Within sixty (60) days after construction of the small
wireless facility, the grantee shall provide the City with as-builts of the small wireless facilities
demonstrating compliance with the permit and site photographs.
D. Permit Time Limit. Construction of the small wireless facility must be completed within
six (6) months after the approval date by the City. The grantee may request one (1) extension
to be limited to three (3) months, if the applicant cannot construct the small wireless facility
within the original six (6) month period.
E. Site Safety and Maintenance. The grantee must maintain the small wireless facilities in
safe and working condition. The grantee shall be responsible for the removal of any graffiti or
other vandalism and shall keep the site neat and orderly, including but not limited to following
any maintenance or modifications on the site.
F. Operational Activity. The grantee shall include documentation that demonstrates that
there is a licensed provider of wireless services contractually committed to using the proposed
small wireless facility at the requested location.
19.14.050 Modifications to small wireless facilities
A. If a grantee desires to make a modification to an existing small wireless facility, including
but not limited to expanding or changing the antenna type, increasing the equipment enclosure,
placing additional pole -mounted or ground -mounted equipment, or modifying the concealment
elements, then the applicant shall apply for a small wireless facility permit.
A small wireless facility permit shall not be required for routine maintenance and repair of a
small wireless facility within the rights -of -way, or the replacement of an antenna or equipment of
similar size, weight, and height, provided that such replacement does not defeat the
concealment elements used in the original deployment of the small wireless facility, does not
Ordinance No. 967 Page 11 of 12
impact the structural integrity of the pole, and does hot require pole replacement. Further, a
small wireless facility permit shall not be required for replacing equipment within the equipment
enclosure or reconfiguration of fiber or power to the small wireless facility, Right-of-way use
permits may be required for such routine maintenance, repair or replacement consistent with
19.04 MC.
B . To the extent they do not conflict with the requirements of this chapter, the general
standards applicable to the use of the rights -of -way described 'in 19.04 and 19,06 Mill shall
apply to all small wireless facility permits.
Section 6. Several If any section, sentence, clause, or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause, or phrase of this ordinance.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authoriz
to make necessary clerical corrections to this ordinance including, but not limited to, t
correction of scrivener's/clerical errors, references, ordinance numbering, sectiontsubsecti
numbers and any references thereto. I
Section 8. Effective Date. Based Upon the findings set forth above, the City Council
hereby declares a public emergency requiring this ordinance to take effect Immediately. This
ordinance shall accordingly be in full force and effect immediately upon passage
PASSED unanimously by the City Council of the City of Medina this 14 th day of January 2013
and signed in authentication of its passage this 14 th day of January 2019.
Scott Missall, City Attorney
CynthiXAdkins, Mayor
clim\m Y'0AqRM\0'm
Aimee Kellerman, City Clerk
Ordinance No. 967 Page 12 of 12