Sec. 13-235.  Additional regulations.

All small wireless facilities must conform to the additional regulations set forth in this section, and the city’s approval of any application shall be conditioned upon the applicant’s continued compliance with these regulations.


(a)          Compliance.  To protect the public safety, all small wireless facilities must be constructed, operated, maintained, repaired, and removed in compliance with all applicable provisions of this article, the Act and applicable federal and local laws.  Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant or owner of its obligations.


(b)          Insurance.  No person or entity may own or operate a small wireless facility within the city or its extraterritorial jurisdiction, if any, without having secured, and at all times maintained, insurance coverage which conforms to the following:


1.         Comprehensive general liability, automobile, workers compensation, and employer’s liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate (an umbrella policy is an acceptable means of reaching the minimum limits);


2.         For a small wireless facility in the public right-of-way or on city property, the comprehensive general liability insurance and automobile policies must specifically include the city as an additional insured;


3.         All insurance policies must be issued by an agent or representative of an insurance company licensed to do business in Nebraska and with a Best’s rating of at least A; and


4.         Policies must include a minimum Medical Expense amount of $5,000 per person.


(c)        Indemnification.  Each permit issued for a small wireless facility located on city property or in the right-of-way shall be deemed to have as a condition of the permit a requirement that the applicant, registrant and wireless provider defend, indemnify and hold harmless the city and its officers, agents, employees, volunteers, and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, actions or causes of action as a result of the permit process, a granted permit, construction, installation, location, performance, operation, maintenance, repair, replacement, removal, or restoration of the small wireless facility.


(d)       Abandoned and Discontinued Small Wireless Facility.  Any small wireless facility that is not operated for a continuous period of ninety days after completion of initial installation, excluding non-operation due to a natural disaster or other unforeseeable circumstance or temporary equipment failure, shall be considered abandoned.  If a small wireless facility is abandoned, the small wireless facility owner shall notify the city within thirty days of the abandoned status of such facility and such owner shall remove the abandoned facility at the owner’s expense.  The related utility pole shall also be removed unless such pole is otherwise being used by another utility or is owned by a party other than the owner of the removed small wireless facility.


(e)       Removal.


1.         In the event that any wireless facility of a permittee or wireless provider in city right-of-way obstructs or hinders the usual travel or public safety or obstructs the legal use of such right-of-way by utilities or other authorized users, the city may provide written notice to the permittee or wireless provider of such physical interference and of the need to resolve such interference.  If such physical interference is not resolved in a timely manner, the permittee or wireless provider shall, at its own expense, remove its wireless facilities from that location.  In such case, the permittee or wireless provider may apply for the relocation of similar facilities at another location, without payment of an application fee.


2.         Within ninety days following written notice from the city, the permittee or wireless provider shall, at its own expense, protect, support, disconnect, remove, relocate, change or alter the position of any of its wireless facilities whenever the city has determined, in its sole discretion, that such disconnection, removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any city improvement, in, under or upon the public right-of-way.  The permittee or wireless provider shall be responsible to the city for any damages or penalties the city may incur as a result of the permittee’s or wireless provider’s failure to adhere to any of the requirements of this subsection.


3.         If the permittee or wireless provider fails to timely perform any of the requirements or its obligations under this Section, the city or its contractor may do so.  In such case, the permittee or wireless provider shall pay all reasonable costs and attorneys’ fees related to such work.


(f)        Remediation Required.  A wireless provider must repair, at its sole cost and expense, any damage to the right-of-way caused by its activities in the right-of-way. The wireless provider must return the right-of-way to equal or better condition to that as existed prior to the damage pursuant to competitively neutral and reasonable requirements and specifications of the city.  If the applicant, permittee or wireless provider fails to make the repairs that are reasonably required by the city within fourteen days after written notice, the city may undertake such repairs and charge the wireless provider the reasonable, documented cost of such repairs.  The city shall grant an extension of up to ten days to complete such repairs if the wireless provider requests such extension within the original fourteen-day period.  In the event of immediate threat to life, safety, or to prevent serious injury, the city may immediately undertake to restore the site and then notify the applicant, permittee or wireless provider and charge the applicant, permittee or wireless provider for all reasonable restoration costs.


(g)       Emergency Removal or Relocation.  The city retains the right to cut or move any small wireless facility or poles located within the right-of-way, as the city may determine to be necessary, appropriate, or useful in response to any public emergency.  If circumstances permit, the city will notify the wireless provider and provide it an opportunity to move its small wireless facility or poles prior to cutting or removing them and shall notify the wireless provider after cutting or removing a small wireless facility or pole.


(h)       Structural Report.  To the extent the small wireless facility involves collocation on a pole or support structure, a structural report prepared by a licensed professional engineer is required evidencing that the pole or support structure will support the collocation (or that the pole or support structure will be modified to meet structural requirements) in accordance with applicable codes and safety standards.


(i)         Radio Frequency (RF) Emissions Compliance Report. To protect the public safety and welfare and be responsive to its citizens, the city may require a written report prepared, signed and sealed by a licensed professional engineer which assesses whether the operations of the small wireless facilities demonstrate compliance within the RF emissions limits established by the FCC.  In no event shall any small wireless facilities, either individually or collectively with those of others, exceed the maximum permissible RF emission standards of the FCC.  In the event that the FCC’s maximum permissible RF emission standards are exceeded as determined by the FCC, the city shall refer the matter to the FCC for enforcement.


(j)         Electrical Permit. The applicant shall obtain an electrical permit from the city prior to any electrical work being done on any wireless facility. Before obtaining an electrical permit, the electrical contractor shall be properly licensed by the State of Nebraska Electrical Board (Norfolk City Code Sec. 6-72) and be a registered contractor with the City of Norfolk (Norfolk City Code 6-78).


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