A. Applicability. These Operational and Design Criteria apply to Small Cell Facilities and alternative tower structures within the Public Right-of-Way (“PROW”).
B. Operational Standards.
- Federal and State Requirements. All Small Cell Facilities and associated Equipment (collectively, “Small Cell Facilities”) shall meet the current standards and regulations of the FAA, FCC and any other agency of the federal or state government with the authority to regulate telecommunication equipment. If such standards and regulations are changed, Company shall bring such Small Cell Facilities into compliance with such revised standards and regulations within the time period mandated by the controlling federal or state agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the Small Cell Facilities from any site at Company’s expense.
- Radio Frequency Standards. All Small Cell Facilities shall comply with federal standards for radio frequency emissions. For Small Cell Facilities in the Public Right of Way, if concerns regarding compliance with radio frequency emissions standards are made to City, City may request that Company provide information demonstrating compliance with such federal standards. Company shall provide the City with licenses or other documentation showing compliance with federal standards. If, upon review, City in its reasonable discretion finds the Small Cell Facility does not meet federal standards, City may require Company to take corrective action, and if not corrected, may require removal of any Small Cell Facilities as an unauthorized use under the Small Cell Terms or the Pole Attachment Terms. Any reasonable costs incurred by City, including reasonable consulting costs to verify compliance with these requirements, shall be paid by Company upon demand by City or, if such costs remain unpaid after demand, City may recover such costs by the same manner and method authorized to recover nuisance abatement costs under the Boulder Revised Code (B.R.C.).
- Company shall provide the City with an inventory at the time of Company’s permit application, and then triennially or upon written request of the City, which request may be made not more than once every two years to the end of the term of any Permit, to the City’s designated representative which includes roadway intersection (if applicable), GIS coordinates, date of installation, the Company Site ID number, City’s Streetlight ID number (if applicable), type of pole or structure used for installation, and pole Owner, along with all licenses or other documentation showing compliance with federal standards for each Wireless Facility.
- Company shall be solely responsible for all costs and expenses associated with the installation, operation, maintenance, and relocation of Company’s Small Cell Facilities within the PROW or on a Pole. Company shall install, maintain, relocate, and provide electricity for any streetlight facility and other City appurtenances required or requested at the Wireless Site, including but not limited to, smart controls and sensors at no cost to the City and to applicable current City standards. Company shall consult with the City upon any new installation or modification of streetlight facilities.
- Company shall own, operate, and maintain a dedicated metered, electrical cable feed from the electrical utility provider’s secondary electric grid to the Small Cell Facility. Company shall be responsible for keeping this feed, and the City’s respective facilities, energized at all times at no cost to the City.
- Operations and maintenance of a Small Cell Facility shall be performed exclusively by the Company at no cost or liability to the City. All operations and maintenance performed by Company shall comply with any standard in these Operational and Design Criteria, the Boulder Revised Code, and any permit terms.
C. Location and Design Standards. The requirements set forth in this section shall apply to the location and design of all Small Cell Facilities governed by this section as specified below; provided, however, that the City may waive any one or more of these requirements if it determines that the goals of this section are better served thereby. To that end, Small Cell Facilities shall be designed and located to minimize the impact on the surrounding properties and residential neighborhoods and to maintain the character and appearance of the City, consistent with other provisions of the B.R.C.
- Camouflage/Concealment. All Small Cell Facilities and any related Equipment shall, to the maximum extent possible, use concealment design techniques, and where not possible utilize camouflage design techniques as set forth in Section 9-6-4(f)(1) “Specific Use Standards – Public and Institutional Uses, Wireless Communications Facilities,” B.R.C. 1981 or Section 8-6- 6.5(e) “Small Cell Facilities in the Public Right of Way”, B.R.C. 1981 now or later amended. Camouflage design techniques include, but are not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the Small Cell Facility to the surrounding natural setting and built environment.
- In such instances where Small Cell Facilities are located in areas of high visibility, they shall, where physically possible, be designed to be concealed, and where not possible to be concealed, to minimize the Small Cell Facility profile through placement of equipment fully or partially underground, encasement of equipment in the pole structure, or, behind landscape berms. Each of the previously listed concealment techniques are examples and not limitations on potential concealment techniques.
- A concealment design may include the use of Alternative Tower Structures should the City Manager determine that such design meets the intent of Section 9-6-4(f), B.R.C.1981 and the community is better served thereby.
- All Small Cell Facilities shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be painted to match as closely as possible the color and texture of the vertical infrastructure on which it is mounted.
D. Siting. Small Cell Facilities may be required to be designed and constructed to permit the facility to accommodate Small Cell Facilities from at least two wireless service providers on the same Small Cell Facility unless the City approves an alternative design due to technical or practical infeasibility. No Small Cell Facility owner or operator shall unfairly exclude a competitor from using the same facility or Site.
- Small Cell Facilities shall not encroach into any sight triangles.
- Lighting. Small Cell Facilities shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the Small Cell Facility is mounted on a light pole or other similar structure primarily used for lighting purposes. All Small Cell Facilities attached to streetlights are subject to the following terms:
- All lighting facilities installed by Company shall be installed to current City standards for Small Cell Facilities as part of Company’s make ready work.
- Company shall maintain and repair all City lighting facilities in good working order, including compliance with all City repair and replacement deadlines identified in any notice from the City of the need for such maintenance and repair.
- Company shall address streetlight outages or other maintenance requests within seven (7) calendar days from the date of notice by the City.
- Company may inquire into the availability of new City-owned luminaires or smart control materials to purchase from the City and install on Poles.
- The Company shall pay, through a provided invoice, the City of Boulder to conduct required lighting photometrics if light locations are changed to ensure proper lighting specifications are achieved in the PROW. If a pole location is moving, new mast arms, lights, or optics may be required from the original location at Company’s expense and as directed by the City.
- Company shall update all streetlight facilities being modified to the current City and utility owner standard upon de-energization or modification of City streetlight circuits at no cost to the City. This update may require (but is not limited to) the following:
- New underground cable installed, in conduit.
- Black galvanized steel pole, labelled with City of Boulder label.
- Installation of a permanent separation point on City streetlight circuit if de-energized or modified in any way. This installation will require coordination with both City and the utility owner. Company shall not begin construction of any Small Cell Facility until the City and utility owner have approved the Company’s plan
- Specific Design Requirements. Additional design requirements shall be applicable to Alternative Tower Structures (“ATS”) and Small Cell Facilities in the PROW:
- No pole or structure shall be more than ten (10) feet higher (as measured from the ground to the top of the pole or structure) than any existing utility structure of the same type within five hundred (500) feet of the pole or structure.
- No Pole or structure shall exceed the height limitations for principal buildings and uses in Section 8-6-6.5, “Small Cell Facilities in the Public Right of Way Permits,” B.R.C. 1981, and any other applicable code provisions.
- All poles or structures and Small Cell Facilities located in the PROW shall comply with the City’s Small Cell Design Guidelines and Standards, see: Small Cell Design Guidelines and Standards.
- Any new pole for ATS or Small Cell Facility shall be separated from any other existing WCF facility by a distance of a least six hundred (600) feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the City Manager.
- With respect to pole-mounted Equipment, Small Cell Facilities shall be located on an existing pole serving another utility; or be located on a new pole where other utility distribution lines are aerial, if there are no reasonable alternatives. To the extent the street light standards conflict with this provision or any provision in this subsection, the street light standards shall be followed.
- ATS shall be concealed consistent with other existing natural or manmade features in the right-of-way near the location where the alternative tower structure will be located.
- When placed adjacent to a residential zoned property, the facility shall not be installed within the perpendicular extension of the front yard facing walls of the principal structure on the property or within the perpendicular extension of any walls of said structure facing a side yard that is adjacent to a street. The facility shall be located at least five feet from the nearest edge of the garage or driveway, whichever is closer. In the case of a corner lot, where practical, the facility shall be placed on the corner formed by two intersecting streets.
- Any ATS or Small Cell Facilities in the PROW must meet all City-adopted standards, including standards of the American Association of State Highway and Transportation Officials (“AASHTO”) or the Colorado Department of Transportation (“CDOT”), as applicable. Nothing in these Operational and Design Criteria supersede any City requirement otherwise applicable to obtain a permit or approval from the City’s Planning & Development Services for construction in the Right-of-Way. This may include review of wind and snow loading as set forth in the City’s adopted building codes, as well as a crash-tested break-away feature, crash protection, or placement outside of the clear zone per AASHTO and CDOT standards.
- If requested by the City based on the location of the proposed WCF, the exterior of metal support poles shall have a duplex finish consisting of a galvanized coating covered by a powder coat in the color of black powder coated over galvanized steel to match the City’s intention for pole color in the area.
E. Traffic Signal Pole Requirements
- Traffic signal Poles supporting police equipment are not eligible to be considered for Company’s Small Cell Facilities. Company’s Small Cell Facilities placed on traffic signal Poles may be required to be relocated at any time, at Company’s expense pursuant to Section G Relocation, Abandonment and Removal, of the Pole Attachment Terms, if the City-owned Pole is needed for placement of police equipment.
- Traffic signal Poles are engineered structures designed to specific loading criteria and required AASHTO standards. Modifications to the loading will require an engineering analysis stamped by a Colorado licensed professional engineer. Company will be responsible for providing a structural analysis if any materials are to be attached to traffic signal Poles.
- Installations on traffic signal Poles cannot alter the Poles in any way. All attachments must be banded. Drilling and taping installations on traffic signal Poles is prohibited.
- All cabling must be external to the Pole.
- Cables, conduits and bands must not interfere with access to or operation of any of the traffic signal equipment. Specific clearances may be required and will be reviewed on a caseby-case basis in the permitting process.
- Company shall provide an analysis to demonstrate the proposed equipment will not interfere with any wireless network of the City operating in the 900 MHz and 5.8 GHz frequencies.
- For installations on traffic signal Poles, involved personnel must hold at least a Level I IMSA Traffic Signal certification to demonstrate comprehension of the implications of any negative impacts to the City’s traffic signal infrastructure.
- Company shall coordinate any installation or servicing of Small Cell Facilities located on traffic signal Poles with the City’s Transportation & Mobility Department a minimum of three business days in advance.
- Small Cell Facilities on traffic signal Poles shall:
- Be designed such that antenna installations on traffic signals are placed in a manner so that the size, appearance, and function of the signal will not be materially altered; and
- Be designed such that all antennas, mast arms, equipment, and other facilities are sized to minimize visual clutter, and where possible, concealed within the structure; and
- Be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the ATS; and
- Require that any ground mounted equipment be installed in an underground or partially underground equipment vault except for the equipment that is expressly permitted above grade for a Small Cell Facility. Such equipment may be placed above grade outside of the PROW if compatibility techniques are otherwise met; and
- Not alter vehicular circulation or parking within the PROW or impede vehicular, bicycle, or pedestrian access or visibility along the PROW; and
- Comply with the federal Americans with Disabilities Act and all applicable local, state, and federal law and regulations; and
- Not be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the PROW that disrupts or interferes with its use by the City, the general public, or other person authorized to use or be present upon the PROW, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the PROW that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.
- Nothing in this Operational and Design Criteria shall be interpreted to authorize the installation of macro wireless communications service facilities, macro base stations, or similar high-powered cellular or wireless broadband facilities in the PROW, or the installation of macro wireless towers, or poles intended for macro facilities.
- Procedures: Company shall consult with the City Streetlighting Facility Manager for attachments to streetlights and traffic signals, and Planning and Development Services for Small Cell Facilities in the PROW.
F. Controlling Law. To the extent that any criteria contained in this Operational and Design criteria conflicts with any language contained in federal law or regulations, the Boulder Revised Code, the conditions related to the permits for the application (i.e., Right-of-Way Permit), or the Design and Construction Standards, the requirements in those documents shall control, in the order listed.