Chapter 8.35
TELECOMMUNICATIONS INFRASTRUCTURE
Sections:
8.35.020 Purpose and findings.
8.35.040 Telecommunications infrastructure improvement.
8.35.090 No conflict with federal or state law.
8.35.010 Title.
This chapter shall be known as the “Millbrae telecommunications infrastructure improvements ordinance,” and may be so cited. (Ord. 754, § 3).
8.35.020 Purpose and findings.
The city council of the city of Millbrae hereby enacts this chapter, Telecommunications Infrastructure, finding that the requirements and conditions in this chapter are necessary for the following reasons:
A. To streamline and simplify the process of installing and upgrading telecommunications equipment throughout the city, and to encourage the improvement and modernization of telecommunications infrastructure.
B. Because access to modern telecommunications infrastructure is vital for communications, educational and economic development.
C. To foster a fair and level playing field for all market competitors that does not disadvantage or advantage one service provider or technology over another.
D. To protect and control access to public rights-of-way.
E. To ensure that all service providers utilizing city property, facilities or rights-of-way comply with all applicable state and local health, safety and other laws.
F. To encourage investment in telecommunications infrastructure to help close the digital divide. (Ord. 754, § 3).
8.35.030 Definitions.
For the purposes of this chapter, the following definitions apply:
A. “Conduit” refers to a tube, duct, structure, or other device designed for enclosing telecommunication wires or cables.
B. “Excavation” refers to any process which breaks up or removes material from the ground through any digging, drilling, boring or other activity for the purpose of installing underground utilities, infrastructure, structures, or other equipment.
C. “Facilities” and “infrastructure” refer to wires, cables, conduit, switches, transmission equipment or other equipment for use in transmitting or processing telecommunications services or for providing support or connection to such equipment.
D. “Director” means the director of public works or his/her designee.
E. “Right-of-way” refers to the area upon or adjacent to any city-owned road, highway, waters or lands.
F. “Service providers” refers to any person, company, corporation or other entity providing data, voice, cable, video or other information services by wire, fiber optic cable or other technology.
G. “Telecommunications” refers to data, voice, video or other information provided by wire, fiber optic cable or other technology. (Ord. 754, § 3).
8.35.040 Telecommunications infrastructure improvement.
To develop city communications infrastructure and limit construction work in the public right-of-way, an applicant for a permit under MMC 8.25.010 for excavation, as defined in MMC 8.25.010, shall comply with the requirements of this chapter. If a project includes excavation in or adjacent to a city right-of-way in an R-1, R-2, or R-3 zoning district, as defined in Chapter 10.05 MMC, that is nine hundred linear feet or more in distance, a contractor must install telecommunications conduit and appurtenances, wherever practical and feasible. If a project includes excavation in or adjacent to a city right-of-way in a C, I, PD, DIA, PF, O, or MSAPD zoning district, as defined in Chapter 10.05 MMC, that is five hundred linear feet or more in distance, a contractor must install telecommunications conduit and appurtenances, wherever practical and feasible. If a project includes excavation across an intersection, irrespective of the zone or the distance, a contractor must install telecommunications conduit and appurtenances wherever practical and feasible.
City staff will work with contractors to identify the most cost-effective approach consistent with city requirements. All installations shall conform to the size, shape, location and other specifications as determined by the director and set forth in regulations to be established pursuant to this chapter. (Ord. 754, § 3).
8.35.050 Implementation.
No less than sixty days before this chapter takes effect, the city shall e-mail, fax, mail or deliver a copy of it to telecommunications service providers and other affected entities doing business within the city. (Ord. 754, § 3).
8.35.060 Exemptions.
A. The director may exempt projects from the requirements of this chapter where compliance is found to be not practical or feasible. The director will determine when compliance is not practical or feasible, including during emergencies or when a project may damage or be in close proximity to pressurized pipes. Requests for an exemption shall be in writing, and the director’s decision shall be final.
B. An exemption application shall include all information necessary for the director to make a decision, including but not limited to documentation showing factual support for the requested exemption.
C. The director may approve the exemption application in whole or in part, with or without conditions. (Ord. 754, § 3).
8.35.070 Enforcement.
Enforcement of this chapter shall be as follows:
A. The director is authorized to establish regulations or administrative procedures to ensure compliance with this chapter.
B. A person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.
C. The city may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure authorized by it.
D. The remedies and penalties provided in this chapter are cumulative and not exclusive of one another.
E. The director may inspect the premises of any construction, reconstruction, repaving or excavation project to verify compliance with this chapter. (Ord. 754, § 3).
8.35.080 Violations.
Violation of this chapter is hereby declared to be a public nuisance. Any violation of this chapter shall be subject to abatement by the city, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by injunction, upon a showing of violation. (Ord. 754, § 3).
8.35.090 No conflict with federal or state law.
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Ord. 754, § 3).