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HomeMy WebLinkAbout026-2019 RESOLUTION NO. 26-2019 ADOPTING A POLICY REGULATING SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code section 37100 and other applicable law, the Town Council of the Town of Danville may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws; and WHEREAS, within the last year, significant changes in federal laws that affect local authority over personal wireless service facilities and other related infrastructure deployments in the public rights-of-way have occurred, including, but not limited to, the following: • On August 2, 2018, the FCC adopted a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (the “August Order”), that formally prohibited express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis; and • On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order in the same rulemaking proceeding, --- FCC Rcd. ---, FCC 18-133 (rel. Sep. 27, 2018) (the “September Order”), which, among many other things, creates a new regulatory classification for small wireless facilities, alters existing “shot clock” regulations to require local public agencies to do more in less time, establishes a national standard for an effective prohibition that replaces the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit and provides that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition; and WHEREAS, in addition to the changes described above, local authority may be further impacted by other pending legislative, judicial and regulatory proceedings, including but not limited to: • The “STREAMLINE Small Cell Deployment Act” (S. 3157) proposed by Senator John Thune that, among other things, would apply specifically to “small wireless facilities” and require local governments to review applications based on objective standards, shorten the shot clock timeframes, require all local undertakings to DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C PAGE 2 OF RESOLUTION NO. 26-2019 occur within the shot clock timeframes and provide a “deemed granted” remedy for failure to act within the applicable shot clock; and • Further orders and/or declaratory rulings by the FCC from the same rulemaking proceeding as the August Order and September Order; and • Multiple petitions for reconsideration and judicial review filed by state and local governments against the August Order and September Order, which could cause the rules in either order to change or be invalidated; and WHEREAS, given the rapid and substantial changes in applicable law, the active and effective federal prohibition on reasonable moratorium ordinances to allow local public agencies to study these changes and develop appropriate responses and the significant adverse consequences for noncompliance with these changes in applicable law, the Town Council finds that aesthetic and operational regulations adopted through a resolution that supplements the Danville Municipal Code and that may be quickly amended is a necessary and appropriate means to protect the public health, safety and welfare from the potential harm caused by unregulated small wireless facilities and other infrastructure deployments; and WHEREAS, on April 16, 2019, the Town Council held a duly noticed public hearing and adopted an urgency ordinance adding Section 32-70.4d to the Danville Municipal Code, authorizing the Town Council to adopt a policy regulating small cell wireless facilities located in the public right-of-way; and WHEREAS, at the same public hearing, the Town Council considered this resolution and the draft Policy attached hereto as Exhibit 1, along with the staff report, written and oral testimony and other information in the record; now, therefore, be it RESOLVED, that the Danville Town Council hereby adopts the Policy attached hereto as Exhibit 1, to take effect immediately, based on the following findings: • The Town Council finds that: (a) the facts set forth in the recitals in this Resolution are true and correct and incorporated by reference; (b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Resolution; (c) the provisions in this Resolution and Policy No. 2019-01 are consistent with the General Plan, Danville Municipal Code and applicable federal and state law; and (d) neither this Resolution nor Policy No. 2019-01 will be detrimental to the public interest, health, safety, convenience or welfare. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C PAGE 3 OF RESOLUTION NO. 26-2019 • Pursuant to the California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the Town Council finds that this Resolution is not a “project” because its adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment. Even if this Resolution qualified as a “project” subject to CEQA, the Town Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. The proposed Resolution would regulate small wireless facilities and other infrastructure deployments in the public righ-of-way. This Resolution does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new small wireless facility or other infrastructure deployment, or change to an existing small wireless facility or other infrastructure deployment, would be subject to additional environmental review on a case-by-case basis. Accordingly, the Town Council finds that this Resolution is not subject to CEQA or, in the alternative, is exempt from CEQA under the general rule. • If any section, subsection, paragraph, sentence, clause, phrase or term (each a “Provision”) in this Resolution or Policy No. 2019-01, or any Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision’s application to other persons or circumstances, shall not be affected. The Town Council declares that it would have passed this Resolution and Policy No. 2019-01, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional; and, be it further RESOLVED, that the City Clerk shall have this Resolution and Policy No. 2019-01 published on the Town’s website and made available for inspection at the Town’s offices. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C PAGE 4 OF RESOLUTION NO. 26-2019 APPROVED by the Danville Town Council at a regular meeting on April 16, 2019 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C None Arnerich, Blackwell, Morgan, Stepper, Storer None None Town of Danville page 1 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 TOWN OF DANVILLE Policy No. 2019-01 TOWN COUNCIL POLICY Adopted: April 16, 2019 GENERAL SUBJECT: SMALL WIRELESS FACILITIES SECTION 1. GENERAL PROVISIONS ...................................................................... 2 SECTION 1.1. PURPOSE AND INTENT ................................................................... 2 SECTION 1.2. GENERAL DEFINITIONS .................................................................. 2 SECTION 2. SMALL WIRELESS FACILITIES ........................................................... 4 SECTION 2.1. APPLICABILITY; REQUIRED PERMITS AND APPROVALS ............ 4 SECTION 2.2. SMALL CELL PERMIT APPLICATION REQUIREMENTS ................ 5 SECTION 2.3. SMALL CELL PERMIT APPLICATION SUBMITTAL AND COMPLETENESS REVIEW .............................................................. 8 SECTION 2.4. APPROVALS, DENIALS ANDAPPEALS; NOTICES ......................... 9 SECTION 2.5. STANDARD CONDITIONS OF APPROVAL ................................... 11 SECTION 2.6. LOCATION REQUIREMENTS ......................................................... 17 SECTION 2.7. DESIGN STANDARDS .................................................................... 19 DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 2 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 SECTION 1. GENERAL PROVISIONS SECTION 1.1. PURPOSE AND INTENT (a) The Town of Danville intends this policy to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the Town’s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this policy are intended to, and should be applied to, protect and promote public health, safety and welfare, including the aesthetic character of the Town, its neighborhoods and community. This policy is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interest is maintained; (2) protecting the Town’s visual character from potential adverse impacts or visual blight created or exacerbated by small wireless facilities and related communications infrastructure; and (3) protecting and preserving the Town’s environmental resources. (b) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the Town may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the Town to preempt any applicable federal or California law. SECTION 1.2. GENERAL DEFINITIONS (a) Undefined Terms. Undefined phrases, terms or words in this section will have the meanings assigned to them in 1 U.S.C. § 1, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings. If any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. (b) Defined Terms. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 3 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (1) “antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded. (2) “approval authority” means the Town official responsible for reviewing applications for small cell permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this policy. The approval authority for applications in connection with small wireless facilities shall be the Chief of Planning or his/her designee. The approval authority on appeal shall be the Town Council. (3) “batched application” means more than one application submitted at the same time. (4) “collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded. (5) “concealed” or “concealment” means camouflaging techniques provided in Section 2.7, which are intended to integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (1) facade or rooftop mounted pop-out screen boxes; (2) antennas mounted within a radome above a streetlight; (3) equipment cabinets in the public rights-of-way painted or wrapped to match the background; and (4) an isolated or standalone faux-tree. (6) “decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located. (7) “FCC” means the Federal Communications Commission or its duly appointed successor agency. (8) “FCC Shot Clock” means the presumptively reasonable time frame within which the Town generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. (9) “local street” means the same as defined in the Town of Danville General Plan, Mobility Element, as may be amended or superseded. (10) “major arterial” means the same as defined in the Town of Danville General Plan, Mobility Element, as may be amended or superseded. (11) “major collector” means the same as defined in the Town of Danville General Plan, Mobility Element, as may be amended or superseded. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 4 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (12) “ministerial permit” means any Town-issued non-discretionary permit required to commence or complete any construction or other activity subject to the Town’s jurisdiction. Ministerial permits may include, without limitation, a building permit, construction permit, electrical permit, encroachment permit, excavation permit and/or traffic control permit. (13) “minor arterial” means the same as defined in the Town of Danville General Plan, Mobility Element, as may be amended or superseded. (14) “minor collector” means the same as defined in the Town of Danville General Plan, Mobility Element, as may be amended or superseded. (15) “neighborhood access street” means the same as defined in the Town of Danville General Plan, Mobility Element, as may be amended or superseded. (16) “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. (17) “personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as facilities that provide personal wireless services. (18) “RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range. (19) “Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended. (20) “small wireless facility” or “small wireless facilities” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded. (21) “structure” means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded. SECTION 2. SMALL WIRELESS FACILITIES SECTION 2.1. APPLICABILITY; REQUIRED PERMITS AND APPROVALS (a) Applicable Wireless Facilities. Except as expressly provided otherwise in this policy, the provisions in this policy shall be applicable to all existing small wireless DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 5 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities within the Town’s jurisdictional and territorial boundaries within the public rights-of-way. (b) Other Infrastructure Deployments. To the extent that other infrastructure deployments, including without limitation any deployments that require approval pursuant to Danville Municipal Code Chapter 12, involve the same or substantially similar structures, apparatus, antennas, equipment, fixtures, cabinets, cables or improvements, the Public Works Director or other official responsible to review and approve or deny requests for authorization in connection with such other infrastructure deployment shall apply the provisions in this policy unless specifically prohibited by applicable law. (c) Small Cell Permit. A “small cell permit,” subject to the approval authority’s prior review and approval, is required for any small wireless facility proposed on an existing, new or replacement support structure. (d) Request for Approval Pursuant to Section 6409. Notwithstanding anything in the policy to the contrary, requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 (47 U.S.C. Section 1455(a)) will be subject to the provisions in Danville Municipal Code section 32-70.13, as may be amended or superseded. (e) Other Permits and Approvals. In addition to a small cell permit, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or approvals issued by other Town departments or divisions. All applications for ministerial permits submitted in connection with a proposed small wireless facility must contain a valid small cell permit issued by the Town for the proposed facility. Any application for any ministerial permit(s) submitted without such small cell permit may be denied without prejudice. Furthermore, any permit or approval granted under this policy shall remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals. SECTION 2.2. SMALL CELL PERMIT APPLICATION REQUIREMENTS (a) Small Cell Permit Application Contents. All applications for a small cell permit must include all the information and materials required in this [section]. (1) Application Form. The applicant shall submit a complete, duly executed small cell permit application on the then-current form prepared by the Chief of Planning. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 6 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (2) Application Fee. The applicant shall submit the applicable small cell permit application fee established by Town Council resolution. Batched applications must include the applicable small cell permit application fee for each small wireless facility in the batch. If no small cell permit application fee has been established, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the Town for its reasonable costs incurred in connection with the application. (3) Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (ii) identify all structures within 250 feet from the proposed project site and call out such structures’ overall height above ground level; (iii) depict the applicant’s plan for electric and data backhaul utilities, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. (4) Site Survey. For any small wireless facility proposed to be located within the public rights-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below-grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. (5) Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed small wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 7 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (6) Project Narrative and Justification. The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed wireless facility qualifies as a “small wireless facility” as defined by the FCC in 47 C.F.R. § 1.6002(l). A complete written narrative analysis will state the applicable standard and all the facts that allow the Town to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include (i) whether and why the proposed support is a structure as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed wireless facility meets each required finding for a small cell permit as provided in Section 2.4(c). (7) RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed small wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the Town. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. (8) Regulatory Authorization. The applicant shall submit evidence of the applicant’s regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. (9) Site Agreement. For any small wireless facility proposed to be installed on any structure owned or controlled by the Town and located within the public rights- of-way, the applicant shall submit a partially-executed site agreement on a form prepared by the Town that states the terms and conditions for such non- exclusive use by the applicant. No changes shall be permitted to the Town’s form site agreement except as may be indicated on the form itself. Any unpermitted changes to the Town’s form site agreement shall be deemed a basis to deem the application incomplete. (10) Property Owner’s Authorization. The applicant must submit a written authorization from the support structure owner(s) that authorizes the applicant to submit and accept a small cell permit in connection with the subject support structure. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 8 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by an engineer for the proposed small wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the Town’s noise regulations. The acoustic analysis must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. (b) Additional Requirements. The Town Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this policy. All such requirements and materials must be in written form and publicly stated to provide all interested parties with prior notice. SECTION 2.3. SMALL CELL PERMIT APPLICATION SUBMITTAL AND COMPLETENESS REVIEW (a) Requirements for a Duly Filed Application. Any application for a small cell permit will not be considered duly filed unless submitted in accordance with the requirements in this Section 2.3. (1) Submittal Appointment. All applications must be submitted to the Town at a pre-scheduled appointment with the approval authority. Applicants may generally submit one application per appointment, or up to three individual applications per appointment for batched applications. Applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The approval authority shall use reasonable efforts to provide the applicant with an appointment within five working days after the approval authority receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed. (2) Pre-Submittal Conferences. The Town strongly encourages, but does not require, applicants to schedule and attend a pre-submittal conference with the approval authority for all proposed projects. This voluntary pre-submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 9 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 issues or concerns (if applicable); coordination with other Town departments responsible for application review; and application completeness issues. Pre- submittal conferences are especially encouraged when an applicant seeks to submit one or more batched applications so that the Chief of Planning may advise the applicant about any staffing or scheduling issues that may hinder the Town’s ability to meet the presumptively reasonable timeframes under the FCC Shot Clock. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that Town staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The approval authority shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the Town for its reasonable costs to provide the services rendered in the pre- submittal conference. (b) Applications Deemed Withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the approval authority within 60 calendar days after the approval authority deems the application incomplete in a written notice to the applicant. As used in this subsection, a “substantive response” must include the materials identified as incomplete in the approval authority’s notice. (c) Additional Procedures. The Town Council authorizes the Chief of Planning to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for appointments with applicants, as the Chief of Planning deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. SECTION 2.4. APPROVALS, DENIALS AND APPEALS; NOTICES (a) Administrative Review. Not more than 26 shot clock days after an application is deemed complete, the approval authority shall approve, conditionally approve or deny a complete and duly filed small cell permit application through issuance of an appealable action letter, as provided for in Section 32-4.6(a)(1) of the Danville Municipal Code. (b) Appealable Action Letter. Upon issuance of an administrative decision to approve, conditionally approve or deny a small cell permit application, the Town shall mail an appealable action letter consistent with the provisions of Section 32- 4.9(a) of the Danville Municipal Code. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 10 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (c) Required Findings. The approval authority may approve or conditionally approve a complete and duly filed application for a small cell permit when the approval authority finds: (1) the proposed project meets the definition for a “small wireless facility” as defined by the FCC; (2) the proposed project would be in the most preferred location within 250 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location(s) within 250 feet would be technically infeasible; (3) the proposed project would not be located on a prohibited support structure identified in this policy; (4) the proposed project would be on the most preferred support structure within 250 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred support structure(s) within 250 feet would be technically infeasible; (5) the proposed project complies with all applicable design standards in this policy; (6) the applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and (7) all public notices required for the application have been given. (d) Appeals. As provided for in Sections 32-4.7 and 32-4.9(a-b) of the Danville Municipal Code, any interested party may file an appeal of the decision of the approval authority to approve, conditionally approve or deny an application for a small cell permit; provided however, that appeals from an approval shall not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines. All such appeals shall be heard by the Town Council, whose decision shall be final. (e) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this policy is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any small cell permit application as may be necessary or appropriate to ensure compliance with this policy. (f) Decision Notices. Within five calendar days after the approval authority acts on a small cell permit application or before the FCC Shot Clock expires (whichever DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 11 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 occurs first), the approval authority shall notify the applicant by written notice. If the Chief of Planning (or Town Council on appeal) denies the application (with or without prejudice), the written notice must contain the reasons for the decision. SECTION 2.5. STANDARD CONDITIONS OF APPROVAL (a) General Conditions. In addition to all other conditions adopted by the approval authority for a small cell permit, all small cell permits issued under this policy shall be automatically subject to the conditions in this [section]. (1) Permit Term. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the Town to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. To the extent that this small cell permit is issued in connection with any structure owned or controlled by the Town and located in the public rights-of-way, this small cell permit shall be coterminous with the cancellation, termination or expiration of the agreement between the applicant and the Town for access to the subject Town structure. (2) Permit Renewal. Not more than one year before this small cell permit expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject small wireless facility complies with all the conditions of approval associated with this small cell permit and all applicable provisions in the Danville Municipal Code and this policy that exist at the time the decision to renew or not renew the permit is rendered. The Chief of Planning may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this policy. Upon renewal, this small cell permit will automatically expire 10 years and one day from its issuance, except when California Government Code § 65964(b), as may be amended or superseded in the future, authorizes the Town to establish a shorter term for public safety or substantial land use reasons. (3) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility approved or deemed-approved, the permittee shall provide the approval authority with documentation reasonably acceptable to the approval authority that the small wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 12 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (4) Build-Out Period. This small cell permit will automatically expire six (6) months from the approval date (the “build-out period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved small wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the small wireless facility or its use. If this build-out period expires, the Town will not extend the build-out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. (5) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this small cell permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the Town, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. (6) Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this small cell permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws. No failure or omission by the Town to timely notice, prompt or enforce compliance with any applicable provision in the Danville Municipal Code, this policy any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with all applicable provisions in the Danville Municipal Code, this policy, any permit, any permit condition or any applicable law or regulation. (7) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 13 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 work hours authorized by the Danville Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the Town or other state or federal government agency or official with authority to declare a state of emergency within the Town. The approval authority may issue a stop work order for any activities that violates this condition in whole or in part. (8) Inspections; Emergencies. The permittee expressly acknowledges and agrees that the Town’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the Town’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the Town’s officers, officials, staff or other designees while any such inspection or emergency access occurs. (9) Permittee’s Contact Information. Within 10 days from the final approval, the permittee shall furnish the Town with accurate and up-to-date contact information for a person responsible for the small wireless facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the Town with updated contact information if either the responsible person or such person’s contact information changes. (10) Indemnification. The permittee and, if applicable, the property owner upon which the small wireless facility is installed shall defend, indemnify and hold harmless the Town, Town Council and the Town’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all (i) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the Town’s approval of this small cell permit, and (ii) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this small cell permit or the small wireless facility. In the event the Town becomes aware of any claims, the Town will use best efforts to promptly notify the permittee and the property and/or support structure owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the Town shall have the right to approve, which approval shall not be DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 14 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 unreasonably withheld, the legal counsel providing the Town’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse Town for any costs and expenses directly and necessarily incurred by the Town in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the Town to approve this small cell permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this small cell permit. (11) Permit Revocation. Any permit granted under this policy may be revoked in accordance with the provisions and procedures in this condition. The Chief of Planning may initiate revocation proceedings when the Chief of Planning has information that the facility may not be in compliance with all applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before the Chief of Planning may conduct a public hearing to revoke any permit granted under this policy, the Chief of Planning must issue a written notice to the permittee that specifies (i) the facility; (ii) the violation(s) to be corrected; (iii) the timeframe in which the permittee must correct such violation(s); and (iv) that, in addition to all other rights and remedies the Town may pursue, the Town may initiate revocation proceedings for failure to correct such violation(s). A permit granted under this policy may be revoked only by the Town Council after a duly notice public hearing. The Town Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the Town Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the Town Council adopts a resolution to revoke a permit, the Chief of Planning shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. (12) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the small cell permit application, small cell permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the small cell permit (collectively, “records”). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the Town’s regular files will control DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 15 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 over any conflicts between such Town -controlled copies or records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law. (13) Abandoned Wireless Facilities. The small wireless facility authorized under this small cell permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the small wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Danville Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the Town shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the Town in connection with such removal and/or restoration activities. (14) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement landscape features. (15) Cost Reimbursement. The permittee acknowledges and agrees that (i) the permittee’s request for authorization to construct, install and/or operate the wireless facility will cause the Town to incur costs and expenses; (ii) the permittee shall be responsible to reimburse the Town for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the wireless facility; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse Town for all such costs 10 days after a written demand for reimbursement and reasonable documentation to support such costs; and (iv) the Town shall have the right to withhold any permits or other approvals in connection with the wireless facility until and DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 16 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 unless any outstanding costs have been reimbursed to the Town by the permittee. (b) Conditions for Small Wireless Facilities in the Public Rights-of-Way. In addition to all conditions in subsection (a), all small cell permits for small wireless facilities in the public rights-of-way issued under this policy shall be automatically subject to the conditions in this section. (1) Future Undergrounding Programs. If other public utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee’s small wireless facility is located, the permittee must underground its equipment except the antennas, any electric meter and any other equipment that must be placed above ground to function. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition. Small wireless facilities installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the Town’s standards and specifications. Such undergrounding shall occur at the permittee’s sole cost and expense except as may be reimbursed through tariffs approved by the CPUC for undergrounding costs. (2) Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment. (3) Rearrangement and Relocation. The permittee acknowledges that the Town, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the Town or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the Town (collectively, “Town work”). The Town reserves the rights to do any and all Town work without any admission on its part that the Town would not have such rights without the express reservation in this small cell permit. If the Public Works Director determines that any Town work will require the permittee’s small wireless facility located in the public rights-of- way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 17 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 permanently or temporarily rearrange and/or relocate the permittee’s small wireless facility within a reasonable time after the Public Works Director’s notice, the Town may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee’s sole cost and expense. The Town may exercise its rights to rearrange or relocate the permittee’s small wireless facility without prior notice to permittee when the Public Works Director determines that the Town work is immediately necessary to protect public health or safety. The permittee shall reimburse the Town for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs. SECTION 2.6. LOCATION REQUIREMENTS (a) Preface to Location Requirements. This subsection (a) provides guidance as to how to interpret and apply the location requirements in this Section 2.6. To better assist applicants, residents and decisionmakers understand and respond to the community’s aesthetic preferences and values, subsections (b) and (c) set out listed preferences for locations and support structures to be used in connection with small wireless facilities in ordered hierarchies. The Chief of Planning will prioritize the location preferences in subsection (b) over the support structure preferences in subsection (c). Applications that involve lesser-preferred locations or structures may be approved so long as the applicant demonstrates by clear and convincing evidence in the written record that either (1) no more preferred locations or structures exist within 250 feet from the proposed site; or (2) any more preferred locations or structures within 250 feet from the proposed site would be technically infeasible. (b) Location Preferences. The Town prefers small wireless facilities in the public rights-of-way to be installed in locations, ordered from most preferred to least preferred, as follows (roadway types are illustrated in Figure 11 of the Town of Danville 2030 General Plan): (1) locations on or along major arterials; (2) locations on or along minor arterials; (3) locations on or along major collectors; (4) locations on or along minor collectors; (5) locations on or along neighborhood access streets; (6) locations within 75 feet from any residential dwelling; (7) locations within 50 feet from any residential dwelling. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 18 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (c) Preferred Support Structures. The Town prefers small wireless facilities to be installed on support structures in the public rights-of-way, ordered from most preferred to least preferred, as follows: (1) existing or replacement streetlight poles; (2) existing or replacement traffic signal poles; (3) existing or replacement wood utility poles; (4) new, non-replacement streetlight poles; (5) new, non-replacement poles for small wireless facilities. (d) Prohibited Support Structures. The Town prohibits small wireless facilities to be installed on the following support structures: (1) decorative poles within the downtown business district; (2) any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the small cell permit application; (3) new, non-replacement wood poles. (e) Additional Placement Requirements. In addition to all other requirements in this policy, small wireless facilities and all related equipment and improvements shall: (1) when possible, be placed along rear or secondary front yard property lines that abut the public rights-of-way; (2) be placed as close as possible to the property line between two parcels that abut the public rights-of-way; (3) not be placed directly in front of any door or window; (4) not be placed within any sight distance triangles at any intersections; (5) not be placed in any location that obstructs view lines for traveling vehicles, bicycles and pedestrian; (6) not be placed in any location that obstructs views of any traffic signs or signals; (7) not be placed in any location that obstructs illumination patterns for existing streetlights; DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 19 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (8) be placed at least 10 feet away from any driveway or established pedestrian pathway between a residential structure and the public rights-of-way; (9) be placed at least 50 feet away from any driveways for police stations, fire stations or other emergency responder facilities; (10) when possible, be placed in locations adjacent to mature street trees and/or other landscaping; (11) when possible, be placed in a right-of-way median. SECTION 2.7. DESIGN STANDARDS (a) General Standards. (1) Noise. Small wireless facilities and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations and shall not exceed, either on an individual or cumulative basis, the applicable noise limit. (2) Lights. Small wireless facilities shall not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration, FCC, other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this policy. (3) Landscape Features. Small wireless facilities shall not displace any existing landscape features unless: (A) such displaced landscaping is replaced with native and/or drought-resistant plants, trees or other landscape features approved by the approval authority and (B) the applicant submits and adheres to a landscape maintenance plan. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location. (4) Site Security Measures. Small wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft or vandalism. The approval authority shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on small wireless facilities shall be constructed from or coated with graffiti-resistant materials. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 20 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 (5) Signage; Advertisements. All small wireless facilities must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small wireless facilities may not bear any other signage or advertisements unless expressly approved by the Town, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. (6) Compliance with Health and Safety Regulations. All small wireless facilities shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions. (7) Overall Height. Small wireless facilities may not exceed either (A) the minimum separation from electrical lines required by applicable safety regulations, plus four feet or (B) four feet above the existing support structure. (8) Antennas. (A) Concealment. All antennas and associated mounting equipment, hardware, cables or other connecters must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or radome must be painted a flat, non-reflective color to match the underlying support structure. (B) Antenna Volume. Each individual antenna may not exceed three cubic feet in volume and all antennas may not exceed six cubic feet in volume. (9) Accessory Equipment. (A) Installation Preferences. All non-antenna accessory equipment shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the existing utilities are primarily located underground; (ii) shrouded on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that no more preferred installation location would be technically infeasible as supported by clear and convincing evidence in the written record. (B) Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the Town’s standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 21 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced. (C) Pole-Mounted Accessory Equipment. All pole-mounted accessory equipment must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush- mounted equipment, the maximum separation permitted between the accessory equipment and the pole shall be the minimum separation required by such regulations. All pole-mounted equipment and required or permitted signage must be placed and oriented away from adjacent sidewalks and structures. Pole-mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying support structure. (D) Base-Mounted Accessory Equipment. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment must be concealed from public view. (E) Ground-Mounted Accessory Equipment. The approval authority shall not approve any ground-mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels or electric meters. (F) Accessory Equipment Volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district; or (ii) seventeen (17) cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground. (10) Streetlights. Applicants that propose to install small wireless facilities on an existing composite or metal streetlight must remove and replace the existing streetlight with one consistent with the utility provider or Town standards and specifications, as the case may be, that can accommodate wireless antennas and accessory equipment. To mitigate any material changes in the DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 22 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 streetlighting patterns, the replacement pole must: (A) be located as close to the removed pole as possible; (B) be aligned with the other existing streetlights; and (C) include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. (11) Wood Utility Poles. Applicants that propose to install small wireless facilities on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side-mounted antennas on a stand-off bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations. (12) New, Non-Replacement Poles. Applicants that propose to install small wireless facilities on a new, non-replacement pole must install a new streetlight substantially similar to the Town’s standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed twelve (12) inches and any base enclosure diameter shall not exceed sixteen (16) inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome. (13) Encroachments over Private Property. Small wireless facilities may not encroach onto or over any private or other property outside the public rights-of- way without the property owner’s express written consent. (14) Backup Power Sources. Fossil-fuel based backup power sources shall not be permitted within the public rights-of-way; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials. (15) Obstructions; Public Safety. Small wireless facilities and any associated equipment or improvements shall not physically interfere with or impede access to any: (A) worker access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (B) access to any public transportation vehicles, shelters, street furniture or other improvements at any DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 23 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 public transportation stop; (C) worker access to above-ground or underground infrastructure owned or operated by any public or private utility agency; (D) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or (F) access to any fire escape. (16) Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within: (A) internal risers or conduits if on a concrete, composite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. (17) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. (18) Electric Meters. Small wireless facilities shall use flat-rate electric service or other method that obviates the need for a separate above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. The approval authority shall not approve a separate ground-mounted electric meter pedestal. (19) Street Trees. To preserve existing landscaping in the public rights-of-way, all work performed in connection with small wireless facilities shall not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for the duration of the permit term. (b) Design Guidelines. The Chief of Planning may develop, and from time to time amend, design guidelines consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this policy for Town staff, applicants and the public. The design guidelines shall provide more detailed standards to implement the general principals articulated in this policy, and may include specific standards for particular wireless facilities or site locations, but shall not unreasonably discriminate between functionally equivalent service providers. The design guidelines, and any subsequent amendments, shall not be effective unless approved by a resolution adopted by the Planning Commission. In the event that a conflict arises between the standards specified in DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C Town of Danville page 24 / 24 Policy No. 2019-01 Adopted: Apr. 16, 2019 this policy and the design guidelines adopted under this subsection, the standards specified in this policy shall control. DocuSign Envelope ID: 86EF6090-84BA-4FAD-A116-8A977A0DC31C