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7-7-600P PART 6 – SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
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Whenever any words or phrases used in this Title are not defined herein, but are defined in related sections of the Utah Code or the West Valley City Municipal Code (including but not limited to Title 7 and the Utah Small Wireless Facilities Deployment Act), such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention. Words not defined in any code shall have their ordinarily accepted meanings within the context in which they are used.

Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term “shall” is always mandatory, and the term “may” is permissive. The following terms as used in this Part shall have the following meanings:

(1) “Collocate” shall mean to install, mount, maintain, modify, operate, or replace:

a. A small wireless facility on a wireless support structure or utility pole; or

b. For ground-mounted equipment, adjacent to a wireless support structure or utility pole.

(2) “Micro wireless facility” shall mean a small wireless facility that:

a. Not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;

b. On which any exterior antenna is no longer than 11 inches; and

c. That only provides Wi-Fi service.

(3) “Right-of-way” shall mean:

a. The area on, below, or above a public:

i. Roadway;

ii. Highway;

iii. Street;

iv. Sidewalk;

v. Alley; or

vi. Property similar to property listed in subsections 3(a)(i) through 3(a)(v) above.

b. “Right-of-way” shall not include:

i. The area on, below, or above a federal interstate highway; or

ii. A fixed guideway, as defined in Section 59-12-102, Utah Code Annotated 1953.

(4) “Small wireless facility” shall mean a type of wireless facility:

a. On which each wireless provider’s antenna could fit within an enclosure of no more than six cubic feet in volume; and

b. For which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume; not including any:

i. Electric meter;

ii. Concealment element;

iii. Telecommunications demarcation box;

iv. Grounding equipment;

v. Power transfer switch;

vi. Cut-off switch;

vii. Vertical cable run for the connection of power or other service;

viii. Wireless provider antenna; or

ix. Coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility.

(5) “Small wireless facility permit” shall mean a permit obtained in accordance with this Part to install, mount, maintain, modify, operate, or replace a micro wireless facility, small wireless facility, or utility pole.

(6) “Utility pole” shall mean:

a. A pole or similar structure that:

i. Is in a right-of-way; and

ii. Is or may be used, in whole or in part, for:

1. Wireline communications;

2. Electric distribution;

3. Lighting;

4. Traffic control;

5. Signage;

6. A similar function to those listed in subsections 6(a)(ii)(1) through (5) above; or

7. The collocation of a small wireless facility.

b. “Utility pole” shall not include:

i. A wireless support structure;

ii. A structure that supports electric transmission lines; or

iii. A municipally owned structure that supports electric lines used for the provision of municipal electric service.

(Ord. No. 18-32 Enacted 09/04/2018)