For purposes of this article, the following words and phrases shall have the following meanings:

Accessory Equipment means any equipment serving or being used in conjunction with a Wireless Facility or Wireless Support Structure including, but not limited to, Antennas, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, Enclosures and storage sheds, shelters or similar structures.

Alley means a dedicated Right-of-Way, other than a Street, that affords a secondary means of access to abutting property.

Antenna means communications equipment that transmits or receives radio frequency signals in the provision of Wireless Service.

Application means a request submitted to the City for: (A) the construction of a new Wireless Supp01i Structure or new Wireless Facility; (B) the Substantial Modification of a Wireless Support Structure or Wireless Facility; or (C) Collocation of a Wireless Facility or replacement of a Wireless Facility.

Cantenna means a structural, weatherproof enclosure that protects an Antenna. The Cantenna is constructed of material that minimally attenuates the electromagnetic signal transmitted or received by the Antenna. Cantennas protect Antenna surfaces from weather and/or conceal Antenna Accessory Equipment from public view.

City means the City of Marysville, Kansas.

Collocation, Collocate means to install, mount, modify, or replace Wireless Facilities on a Wireless Support Structure.

Enclosure means a cabinet, box, or shroud for Antennas or Accessory Equipment intended to conceal its contents, prevent electrical shock to users, and protect the contents from the environment.

Facility or Facilities means any po1iion or component of the Network located in, along, over, upon, under, or through the public Right-of-Way.

Franchisee means a natural person, corporation, partnership or governmental entity which has entered into a Franchise Agreement with the City for authorizing the construction, maintenance and operation of Wireless Facility within the Right-of-Way.

Network means a Wireless Service Provider’s Wireless Facilities or Small Cell Facilities, including the Antenna, poles, Accessory Equipment, Enclosures, Wireless Support Structures, underground and aboveground fiber optic cable, wires, lines, fiber enclosures, fiber repeaters and related equipment and appurtenances, and similar facilities and appurtenances, designed, constructed or occupied for the purpose of producing, receiving, amplifying or distributing Wireless Services to or from locations within the City.

Right-of-Way means only the area of real property in which the City has a dedicated or acquired Right-of-Way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as Right-of-Way. The term does not include the airwaves above a Right-of-Way with regard to Wireless Services, easements obtained by utilities or private easements in platted subdivisions or tracts.

Small Cell Facility means a Wireless Facility that meets both of the following qualifications:

(a)   Each Antenna is located inside an Enclosure of not more than 6 cubic feet in volume or, in the case of an Antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an imaginary enclosure of not more than 6 cubic feet, and

(b)   All other Accessory Equipment associated with the Small Cell Facility is cumulatively not more than 28 cubic feet in volume, or (50) fifty cubic feet in volume if the equipment was ground-mounted before the effective date of this section. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this subdivision:

(1)   Electric meters.

(2)   Concealment elements.

(3)   A telecommunications demarcation box.

(4)   Grounding equipment.

(5)   A power transfer switch.

(6)   A cut-off switch.

(7)   Vertical cable or the connection of power and other services.

Small Cell Network means a collection of interrelated Small Cell Facilities designed to deliver Wireless Service. Street means a public thoroughfare used, or intended to be used, for passage or travel by motor vehicles.

Substantial Modification means a proposed modification to an existing Wireless Support Structure that will substantially change the physical dimensions of the

Wireless Support Structure under the objective standard for substantial change, established by the FCC in 47 C.F.R. § 1.40001 (b)(7), as may be amended, and as applicable to facilities in the public Right-of-Way.

Wireless Facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:

(a)   Equipment associated with wireless communications;

(b)   Radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

(c)   None of the following:

(1)   The structure or improvements on, under, or within which the equipment is collocated;

(2)   Coaxial or fiber-optic cable that is between Wireless Support Structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular Antenna.

Wireless Infrastructure Provider means any natural person, corporation, partnership or governmental entity, including those authorized to provide communications service in the state, that builds or installs transmission equipment, Small Cell Wireless Facilities, or Wireless Support Structures, but that is not a Wireless Services Provider.

Wireless Service Provider means a provider of Wireless Services.

Wireless Services means “personal wireless services” and “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through Wireless Facilities or any fixed or mobile Wireless Services provided using Wireless Facilities.

Wireless Support Structure means a freestanding structure, such as a Pole, monopole, self-supporting tower, cable, or suitable existing structure or alternative structure designed to support or capable of supporting Wireless Facilities. Wireless Support Structure does not include any telephone or electrical Utility Pole, or any tower used for the distribution or transmission of electrical service.

(Ord. 1879; Code 2020)

This Article applies to the placement of Small Cell Facilities in the Right-of-Way by any wireless service provider or wireless infrastructure provider whether authorized by a Franchise Agreement or another City agreement, permit or ordinance.

(Ord. 1879; Code 2020)

(a)   Site plans and Structural calculations. The applicant must submit fully dimensioned and to-scale site plans, elevation drawings and structural calculations prepared, sealed, stamped and signed by a Professional Engineer licensed and registered by the State of Kansas. Drawings must depict any existing Wireless Facilities, with all existing transmission equipment identified; the proposed Small Cell Facility, with all proposed transmission equipment and other improvements; and surrounding property lines and rights-of-way, easements, existing street furniture, trees, and other infrastructure (both above-ground and underground) within 300 feet of the proposed installation.

(b)   Photo simulations. The applicant must submit photo simulations from at least three reasonable line-of-site locations near the proposed Small Cell Facility site. The photo simulations must be taken from the viewpoint of nearby pedestrian and vehicular traffic. Angle of photo simulation separation must be at least 90 degrees or greater and provide a full profile depiction.

(c)   Equipment specifications. For all components of the Small Cell Facilities, Wireless Support Structures, and Accessory Equipment depicted on the plans, the applicant must include, if applicable:

(1)   The manufacturer’s name and model number;

(2)   Physical dimensions including, without limitation, height, width, depth, volume and weight with mounts and other necessary hardware;

(3)   Technical rendering of all external components, including enclosures and all attachment hardware.

(d)   Approvals required. Construction may only occur after receiving all applicable permits from the City, and the City’s approval of the specific Application.

(e)   Removal of existing street furniture, trees or other city infrastructure. No proposed Small Cell Facility installation may cause or result in the removal of any existing street furniture, street tree, or other City infrastructure, without the express written permission of and compensation to the City.

(f)   Removal due to public project and other causes. Upon receipt of a written demand from the City, the applicant must, at its sole cost and expense, remove and relocate any part of the Network, Wireless Support Structures or Wireless Facilities in the Right-of-Way, and do so within a reasonable time frame described by the City in such demand.

(g)   Fees. Unless already provided pursuant to a separate agreement with the City, the Application will be accompanied by the following fees, as applicable:

(1)   For a new pole that is used as a Wireless Support Schedule that is not a collocation, a fee of one thousand dollars ($1,000);

(2)   For an application that includes up to five collocations of Small Cell Facilities, a fee of five hundred dollars ($500); for an application of six or more collocations of Small Cell Facilities, an additional fee of one hundred dollars ($100) for each collocation beyond five;

(3)   For each Small Cell Facility attached to a City-owned or controlled pole or other fixture located in the right-of-way, an annual fee of two-hundred seventy dollars ($270) for each year the Small Cell Facility remains in the right-of-way; and,

(4)   Reimbursement of additional, reasonable costs the City incurs, if such costs are specifically related to and caused by the applicant’s specific deployment.

(Ord. 1879; Code 2020)

Small Cell Facilities shall be placed:

(a)   So as not to create an adverse obstruction to pedestrian and vehicular sight lines along a Street or Alley.

(b)   Between properties in residential areas at the common property line and not in front of a house. In commercial and industrial areas, at the common property line between properties whenever possible.

(c)   On corner lots or through lots, on the secondary street frontage when possible if no Alley exists.

(d)   With appropriate clearance from existing utilities and infrastructure.

(e)   Preferably equidistant from adjacent poles.

(f)   When located adjacent to a commercial establishment, care should be taken to prevent negative impacts on the business. Small Cell Facilities shall not be located in front of store front windows, primary walkways, primary entrances or exits, signage, or in such a way that it would impede access or delivery to the building.

(g)   Such that it meets ADA requirements and does not obstruct, impede, or hinder usual pedestrian, bicycle, or vehicular travel, or interferes with the operation and maintenance of signal lights, signage, street lights, street furniture, fire hydrants, trees and landscaping, the operation or maintenance of underground utilities, or business district maintenance.

(h)   To minimize visual impacts when locating on existing poles.

(i)    Small Cell Facilities shall be located out of the drip-zone of street trees to prevent disturbance within the critical root zone.

(Ord. 1879; Code 2020)

Any new Wireless Support Structure and/or Accessory Equipment, and other improvements associated with the placement of Small Cell Facilities must not obstruct any:

(a)   Access to any above-ground or underground infrastructure for pedestrian and/or traffic control signals, lighting, signage; streetlights, public transportation, irrigation, parking meter, barricades or bollards, bike racks, benches, trash bins, or any other public street furniture;

(b)   Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including bus stops, streetcar stops, and bike share stations);

(c)   Any intersection sight distances as required by the American Association of State and Highway Transportation Officials (AASHTO), latest addition adopted by the City, or as may be required by the City Engineer.

(d)   Access to above-ground or underground infrastructure owned or operated by any public or private utility;

(e)   Fire hydrant access;

(f)   Access to any doors, gates, stoops or other ingress and egress points to any building appurtenant to the right-of-way;

(g)   Access to any fire escape.

(h)   Access or right of travel along any sidewalk, pathway, trail, street or alley, by any pedestrian, bicycle, or vehicle as applicable.

(Ord. 1879; Code 2020)

The applicant is responsible for maintaining its personal property in the Right-of-Way associated with its Small Cell Facilities, including but not limited to Wireless Support Structures, Accessory Equipment and all other components of its Network, in a condition that conforms to the requirements of this Article. This responsibility includes regular maintenance, periodic re-painting, and timely repairs or equipment replacement in the event of damage. Upon notice from the City of applicant’s noncompliance with this Section, applicant must remedy the violations within a reasonable period of time, or the City may either repair or remove the damaged equipment at the applicant’s expense.

(Ord. 1879; Code 2020)

In the event that the use of a Small Cell Facility is abandoned for ninety (90) days, the City may remove it at the applicant’s expense.

(Ord. 1879; Code 2020)