|
Item 1.L.
|
| City Council Regular | |
| Date: | 10/23/2023 |
| Title: | Second Reading - Ordinance Amending BMCC Section 22-407 Encroachment Permit Required |
| Presented by: | Debi Meling |
| Department: | Public Works |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends Council approve second reading of the ordinance amending section 22-407 of Billings Montana City Code requiring an encroachment permit and license agreement for the installation of small cell facilities.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
There is a potential for requests for small cell facilities to be installed within the right of way. City staff has developed language to add to Billings, MT City Code (BMCC) Section 22-407, Encroachment permit required, to require installers to apply for an encroachment permit and enter into a license agreement before installing the facilities. The language proposed to be added is as follows:
An applicant seeking to install and operate a small cell wireless facility in the public right-of-way shall obtain a revocable encroachment permit and enter into a license agreement with the City prior to constructing, attaching, and operating a small cell wireless facility in the public right-of-way.
In addition to the ordinance, a resolution was proposed and approved at the October 9, 2023, City Council meeting that directed the City Administrator to develop and publish uniform standards managing the deployment of small cell wireless facilities in the public rights-of-way; to develop an encroachment permit application form and procedures for submission of applications for deployment or modification of small cell wireless facilities in the public rights-of-way; to develop a license agreement which permittee shall enter into with the City prior to constructing, attaching, or operating a small cell wireless facility on city infrastructure in the public rights-of-way; to take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into tolling agreements to mutually extend the time for action on an application.
The modified ordinance language in addition to the approved resolution will enable the City to effectively manage the deployment of small cell facilities in the rights of way. If approved, this ordinance would go into effect 30 days from the approval date.
An applicant seeking to install and operate a small cell wireless facility in the public right-of-way shall obtain a revocable encroachment permit and enter into a license agreement with the City prior to constructing, attaching, and operating a small cell wireless facility in the public right-of-way.
In addition to the ordinance, a resolution was proposed and approved at the October 9, 2023, City Council meeting that directed the City Administrator to develop and publish uniform standards managing the deployment of small cell wireless facilities in the public rights-of-way; to develop an encroachment permit application form and procedures for submission of applications for deployment or modification of small cell wireless facilities in the public rights-of-way; to develop a license agreement which permittee shall enter into with the City prior to constructing, attaching, or operating a small cell wireless facility on city infrastructure in the public rights-of-way; to take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into tolling agreements to mutually extend the time for action on an application.
The modified ordinance language in addition to the approved resolution will enable the City to effectively manage the deployment of small cell facilities in the rights of way. If approved, this ordinance would go into effect 30 days from the approval date.
ALTERNATIVES
City Council may:
- Approve the ordinance; or,
- Not Approve the ordinance. If not approved, there will not be a defined process to manage the deployment of small cell facilities in the rights of way.
FISCAL EFFECTS
There are no significant fiscal effects as a result of this amendment to city code.