§ 34A-105. Placement requirements.

(a)

A network provider shall construct and maintain network nodes and node support poles in a manner that does not:

(1)

obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;

(2)

obstruct the legal use of a public right-of-way by other utility providers;

(3)

violate nondiscriminatory applicable codes;

(4)

violate or conflict with the municipality's publicly disclosed public right-of-way management ordinance or this Design Manual.

(5)

violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) or PROWAG.

(b)

Network node facilities shall be installed in accordance with section 34A-10 and all other applicable requirements of this Chapter.

(c)

Right-of-way.

(1)

Network nodes installation shall follow all applicable requirements of this chapter, including section 34A-10.

(2)

Network node facilities, node support poles and related ground equipment shall be placed, as much as possible, within two (2) feet of the outer edge of the right-of-way line.

(3)

Node support poles and related ground equipment shall not impede pedestrian or vehicular traffic in the right-of-way.

(4)

No protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet.

(d)

Parks. For the safety of park patrons, particularly small children, and to allow full line of sights near park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within two hundred fifty (250) feet of the boundary line of a park. The network provider may request a waiver of the requirement that such equipment not be within two hundred fifty (250) feet of a park from the board of adjustment.

(e)

There shall be no more than one (1) network node on any one (1) pole.

( Ord. No. 2017-9964, § 2, 8-10-17 )