AN ORDINANCE
NO.
An ordinance revising the Unified Development Ordinance (UDO) of the Columbus
Code so as to amend section 3.2.72.K.1(B) and add a new section 3.2.72.O, and
for other purposes.
WHEREAS, this Council recognizes the value and importance of wireless
communications services to the residents and businesses of the territory of the
Consolidated Government of Columbus, Georgia, (Columbus) and desires to
implement policies that will promote the nondiscriminatory regulation of such
wireless services taking into consideration the technology and coverage needs
of the telecommunications providers and the burdens to be placed on existing
public property including public rights-of-way; and
WHEREAS, this Council is concerned with the use, construction within, and
occupancy of all rights-of-way within Columbus as such rights-of-way are a
valuable and limited resource which must be utilized to promote the public
health, safety, welfare, economic development of Columbus and to protect public
works infrastructure; and
WHEREAS, consistent with its authority to promote the public health, safety,
welfare, economic development of Columbus and to protect public works
infrastructure, the Council deems it vital to reasonably regulate the height,
aesthetics, and placement of small cell technology in Columbus? rights-of-way;
and
WHEREAS, O.C.G.A. ? 32-4-92(10) authorizes a local government to regulate the
use of its rights-of-way so long as such regulations are not more restrictive
with respect to utilities affected thereby than are equivalent regulations
promulgated by the Georgia Department of Transportation; and
WHEREAS, the Georgia Department of Transportation Utility Accommodation Policy
and Standards Manual 2016, Section 5.11.A does not currently permit the
installation of new pole(s) or pole lines, cell towers, and/or monopoles within
highway rights-of-way or on surplus property owned by the Georgia Department of
Transportation;
WHEREAS, this Council, in order to improve and expand the wireless services to
its citizens, desires to adopt regulations that are less restrictive than those
adopted by the Georgia Department of Transportation by permitting installation
of new small cell technology within the Columbus? rights-of-way on the terms
and conditions contained herein; and.
WHEREAS, this Council under the authority of the Laws and Constitution of the
State of Georgia, including but not limited to Article 9, Section 1, paragraphs
2 and 3 of the Georgia Constitution, O.C.G.A. ?? 36-1-20, 32-4-42(6) and
32-4-92(10) desires to adopted this ordinance for the purpose of regulating the
placement of small cell technology in the City rights-of-way.
NOW THEREFORE THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
Chapter 3 of the Unified Development Ordinance is hereby amended by revising
Section 3.2.72.K.1(B) to read as follows:
?(B) All towers shall be located at least one-third of its height from any
public right-of-way, unless it is a concealed support structure designed for
small cell technology.?
SECTION 2.
Chapter 3 of the Unified Development Ordinance is hereby amended by creating
section 3.2.72.O to read as follows:
A. Application for use of right-of-way
1. Unless specifically exempted by state or federal law or this Code, any
Applicant that places or seeks to place wireless communication facilities in
the public roads and highways or rights of way of Columbus shall provide to the
Columbus Consolidated Government (CCG) Division of Traffic Engineering the
following information:
a. The name, address, and telephone number of a principal office and local
agent of such Applicant;
b. Proof of certification from the Georgia Public Service Commission of such
Applicant to provide wireless communication services in this state where
required by State law, or Federal Communications Commission licensure where
State certification is not required;
c. Proof of insurance or self-insurance of such Applicant adequate to defend
and cover claims of third parties and of municipal authorities. Columbus
Consolidated Government (CCG) shall be named as an additional insured of the
property;
d. A description of the Applicant?s service area and capacity, within Columbus
which description shall be sufficiently detailed so as to allow Columbus to
respond to subscriber inquiries. For the purposes of this paragraph, an
Applicant may, in lieu of or as supplement to a written description, provide a
map on 8 ?? by 11? paper that is clear and legible and that fairly depicts the
geographic service areas and associated service capacities within the
boundaries of Columbus;
e. A description of the services to be provided;
f. An affirmative declaration that the Applicant shall comply with all
applicable federal, state, and local laws and regulations, including municipal
ordinances and regulations, regarding the placement and maintenance of
facilities in the public rights of way that are reasonable, nondiscriminatory,
and applicable to all users of the public rights of way, including the
requirements of Chapter 9 of Title 25, the ?Georgia Utility Facility Protection
Act?; and
g. A statement in bold type at the top of the application as follows: ?Pursuant
to section 3.2.72.O of the Columbus Unified Development Ordinance and paragraph
(2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia
Annotated, the municipal authority shall notify the applicant of any
deficiencies in this application within 15 business days of receipt of this
application.?
2. Applicants will be notified in writing of any application deficiencies
within 15 calendar days of receipt of this application. If no such
notification is given within 15 calendar days of the receipt of an application,
such application shall be deemed complete.
3. Within 60 calendar days of the receipt of a completed application, CCG may
approve or deny such application by notification to the Applicant The failure
of CCG to approve an application within 60 calendar days of the receipt of a
competed application shall be deemed to constitute final approval of such
application.
B. Placement of small cell technology in the right-of-way
1. The following standards shall apply for the placement of small cell
technology in the public right-of-way, or on a public road or CCG easement.
Any small cell technology in a city right-of-way shall be co-located on the
property of a utility, or other franchisee, legally existing in the public
right-of-way unless the applicant can demonstrate that no co-location
opportunities exist in the area of need. A lease agreement will be required if
the colocation opportunity is on a CCG facility. If the applicant demonstrates
that no co-location opportunities exist, the applicant may submit an
encroachment permit to CCG Engineering Department to allow for a small cell
wireless support structure within the area of the public right-of-way.
C. Co-location standards
1. All co-location structures must comply with section 7.11.1 of the Unified
Development Ordinance (UDO) and shall not increase the height of the tower or
non-tower structure by more than 10% or ten feet whichever is greater, over
existing structures that are located in the right-of way within the vicinity of
construction.
2. All equipment and support infrastructure shall have a color and finish to
blend with the structure to which they are attached to.
3. Any support structure shall be made of steel, composite, metal, wood or
concrete.
4. All electrical wiring shall be concealed within the structure. If this is
unattainable, then a covering of the same color as the structure may be used to
conceal the wiring, but cause must be provided.
5. All electrical power shall be provided by underground utilities where
feasible.
6. All modification construction plans shall be submitted with the encroachment
permit to show schematics of utilities, accessory equipment, and location of
underground utilities and overall height of the structure with antenna.
D. New Construction Standards
1. If Applicant can demonstrate that no co-location opportunities exist in the
area of need, then the Applicant must submit the following to support its
proposed use of the right-of-way:
a. A construction plan, as defined herein, that describes the proposed wireless
support structure and all equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and related
equipment.
b. Evidence supporting the choice of location, including, without limitation,
i. Maps or plats showing the proposed location(s) of applicant?s proposed
wireless support structure(s); and
ii. A notarized statement from the individual responsible for the choice of
location demonstrating that collocation of wireless facilities on an existing
wireless support structure was not a viable option because collocation:
1. Would not result in the same wireless service functionality, coverage, or
capacity;
2. Is technically infeasible; or
3. Is an economic burden to the Applicant.
iv. The map shall describe the boundaries of the geographic area to be
served in clear and concise terms
2. A concealed support structure used to house a small cell antenna shall be no
more than 40 feet in height with a 5-foot antenna.
3. Any support structure shall be made of steel, composite, metal or concrete;
provided, wood support structures may be approved by the Director of
Engineering when necessary to maintain compatibility with surrounding
structures.
4. All electrical wiring shall be concealed within the structure. If this is
unattainable, then a covering of the same color as the structure may be used to
conceal the wiring, but cause must be provided.
5. All electrical power shall be provided by underground utilities where
feasible.
E. Use by public utilities and placement of utilities
1. All authorized public underground utilities shall be located within the
right-of-way of a public street or within an easement designated for such use.
Within public street right-of-way, placement of the various authorized
utilities (power, gas, cable TV, Telegraph or Telephone Company, Internet
provider, Water and sewer) shall conform to the specific locations designated
for such use by the city, as illustrated in Section 7.11.1 of this UDO below.
F. Installation of poles and other wireholding structures and relocation
1. Unless otherwise provided in a valid service agreement, no placement of any
pole or wireholding structure of the Applicant is to be considered a vested
interest in the right-of-way, and such poles or structures are to be removed,
relocated underground, or modified by the utility at its own expense whenever
Columbus determines that the public benefit would be enhanced thereby or the
Facilities or equipment thereon are no longer in use. The Facilities shall be
so located and installed as to cause minimum interference with the rights and
convenience of property owners, and such Facilities shall not interfere with or
restrict pedestrian or other designated pathways.
G. Definitions
1. Accessory equipment means: any equipment serving or being used in
conjunction with small cell technology or a small cell technology wireless
support structure and includes, but is not limited to, utility or transmission
equipment, power supplies, generators, batteries, cables, equipment buildings,
cabinets, and storage sheds, shelters, or similar structures.
2. Modification construction plan means: when referring substantial
modification of an existing wireless facility or wireless support structure
means a plan that describes the proposed modifications to the wireless support
structure and all equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and related
equipment.
3. New construction plan means: when referring to a new wireless support
structure means a written plan for construction that demonstrates that the
aesthetics of the wireless support structure is substantially similar to the
existing structures located in the right of way nearest the proposed location;
includes the total height and width of the wireless facility and wireless
support structure, including cross section and elevation, footing, foundation
and wind speed details; a structural analysis indicating the capacity for
future and existing antennas, including a geotechnical report and calculations
for the foundations capacity; the identity and qualifications of each person
directly responsible for the design and construction; and signed and sealed
documentation from a professional engineer or surveyor that shows the proposed
location of the wireless facility and wireless support structure and all
easements and existing structures within fifty (50) feet of such wireless
facility or wireless support structure.
4. Small cell technology means:
i. Individual compact low-powered radio access base stations that include Femto
cells, Pico cells, Micro cells and Metro cells having a range of 30 feet to
1000 feet; or
ii. Networks of spatially separated small cell wireless antenna nodes connected
to a common source transport medium that provides wireless service within a
geographic area or structure commonly referred to as distributed antenna
systems.
SECTION 3.
Severability: If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by
any court or administrative agency of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
SECTION 4.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
___ day of ______, 2016 introduced a second time at a regular meeting of said
Council held on the ______ day of ________, 2016, and adopted at said meeting
by the affirmative vote of ________ members of said Council.
Councilor Allen voting ____________.
Councilor Baker voting ____________.
Councilor Barnes voting ____________.
Councilor Davis voting ____________.
Councilor Garrett voting ____________.
Councilor Henderson voting ____________.
Councilor Huff voting ____________.
Councilor Pugh voting ____________.
Councilor Thomas voting ____________.
Councilor Woodson voting ____________.
_____________________________ _______________________________
TINY B. WASHINGTON, CLERK TERESA PIKE TOMLINSON, MAYOR
Attachments
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