Sec. 13-234.  Design, safety and aesthetic standards within the rights-of-way.


(a)       Standards.  All deployments of small wireless facilities within the city’s rights-of-way must conform to the design and aesthetic standards set forth in this article and as they may be hereafter adopted by the city so long as they are reasonable and published in advance.


(b)       City’s Right to Propose Alternative.  With regard to the placement of a utility pole in the right-of-way, the city reserves the right to propose a technically feasible alternate to the location proposed in the application, and the wireless provider shall cooperate with the city to address the city’s reasonable proposal.  The city shall not require the placement of small wireless facilities on any specific utility pole or category of poles or require multiple antenna systems on a single utility pole.


(c)       Lighting.  Small wireless facilities may not be illuminated except as otherwise required for compliance with state or federal regulations.  To the extent technically feasible, any lights associated with electronic equipment must be down-shielded from public view.  This subsection does not prohibit deployments on streetlight poles, nor does it prohibit the installation of deployments designed to look like streetlight poles.


(d)       Color.  To the extent technically feasible, the antennas shall be placed and colored to blend into the architectural detail and coloring of the host structure.  To the extent technically feasible, utility poles, wireless support structures and related equipment shall be painted a color that best allows them to blend into the surroundings.  The use of grays, blues, greens, dark bronze, browns or other site-specific colors may be appropriate.


(e)       Signs.  No wireless facilities may bear any signage other than that required by law or expressly permitted or required by the City. No wireless facilities may bear any advertisements.


(f)        Nebraska811.  Prior to the installation or construction of a wireless facility within the right-of-way, the wireless provider shall notify and comply with Nebraska811.


(g)       Accessory Equipment. All accessory equipment located at the base of a utility pole or wireless support structure shall be placed (at the wireless provider’s choice) underground or in an equipment cabinet that is designed to blend in with existing surroundings, using architecturally compatible construction and colors consistent with the proper functioning of the wireless facilities.


(h)       Maps and As-Builts.  The wireless provider shall furnish to the City both paper and electronic maps showing the location of its equipment in the right-of-way and as-builts after construction is completed.


(i)         Security.  All equipment cabinets, boxes, cases, covers, or similar enclosures associated with a deployment must be reasonably secured in a manner which prevents unauthorized access.


(j)         Utilities.  All utilities serving a deployment should be installed underground to the maximum extent possible, provided doing so is technically feasible.


(k)        Safety.  All construction, excavation, maintenance, operation, repair and removal work done by the permittee or wireless provider shall be done in a safe, workmanlike and expeditious manner which minimizes inconvenience to the city and the general public.  The city shall have the right to inspect all such work to ensure compliance with applicable codes, laws and permits and may order the permittee or wireless provider to perform corrective work.  If the permittee or wireless provider fails to timely do so after written notice from the city, the city may take the required action, and the permittee or wireless provider shall pay the city the reasonable documented cost of such action and associated attorneys’ fees.


(l)         Antennas.  If technically feasible, antennas must either be mounted to the top of the utility pole or wireless support structure and aligned with the centerline of the utility pole or wireless support structure or mounted to the side of the utility pole or wireless support structure such that the vertical centerline of the antenna enclosure lines up with the utility pole or wireless support structure. If technically feasible, a side-mounted antenna must be placed at least 25 feet above ground level at its lowest point for safety reasons.


(m)      Cables and Wires.  External cables and wires related to deployments must not hang off the utility pole or wireless support structure.  Excess cables or wires may not be spooled or otherwise visibly stored on or near the deployment except within the structure or other enclosure. New service lines must be placed underground whenever technically feasible.


(n)       Alignment.  If technically feasible, new deployments should be placed in alignment with existing trees and utility poles relative to the width of the right-of-way and equidistant between existing trees and utility poles, with a minimum of 15 feet separation from any existing tree.


(o)       Restrictions on Placement.  No deployment may impede, obstruct, or hinder public pedestrian or vehicular traffic; obstruct the legal use of a right-of-way by a utility provider; violate or conflict with city code or state or federal laws or regulations; or be placed in a manner that negatively affects the structural integrity of the associated wireless support structure or utility pole. If technically feasible, a new structure should not be placed in line with the centerline of an entrance or window of a commercial building or residence.


(p)       Ground-mounted Equipment.  Outdoor ground-mounted equipment serving a deployment should be avoided to the greatest extent technically feasible, and any such equipment or structures mounted on the ground should be similar in character to adjacent deployments in the right-of-way and the surrounding environment.


(q)       Pole-mounted Equipment.  To the extent technically feasible, all deployments installed on utility poles should: (1) be installed to minimize impacts to the visual profile; (2) be painted, color-blended, or coated in flat, non-reflective colors to reasonably match the utility pole; and (3) must not unreasonably obstruct the view of vehicular or pedestrian traffic signals or road signs. In the case of existing wood utility poles, finishes of conduit may be zinc, aluminum, or stainless steel, or colored to match those metal finishes, and equipment cabinets may be the color of brushed aluminum, all to the extent technically feasible.


(r)        New Poles.  If technically feasible, new poles installed to support deployments must be made of the same or similar material as existing utility poles in the immediate area.  To the extent technically feasible, new poles must be designed to match the existing light fixtures and other poles.


(s)        Historic Districts.  Small wireless facilities installed in historic districts established prior to January 1, 2019 shall be of such design or concealment measures that they reasonably blend in with the character of the historic districts.


Source:  Ord. No. 5678, § 1, 09-08-2020;