Additional Application Materials (5/4/15)

Telecommunication Facilities in the Right-of-Way Policy Guidelines Background The Eugene Land Use Code (Chapter 9, Ordinance 20078, 1997) provides a comprehensive set of standards regulating telecommunication facilities on private property. One of the cornerstones of Chapter 9 is compliance with the federal Telecommunications Act of 1996 and the retention of locally established land use goals. To that end, the code places a priority on colocation of telecommunication facilities on existing structures as the first option. This includes colocation on existing utility structures. Given that many of these utilities are located in the right-of-way (ROW), the land use code provisions do not apply, as the ROW is unzoned. Although there are no specific code standards governing the height and appearance of telecommunication features in the pubic ROW, there are City Council adopted Findings in telecommunications-related land use and ROW ordinances, as well as City Council adopted Telecommunication Vision and Policies. As wireless technologies are expanding, it seems prudent to establish general guidelines for future requests for wireless facility colocations on structures located in the public ROW. The following guidelines are therefore provided to aid City of Eugene (city) Public Works and Planning, EWEB and other ROW facility users in their determinations in response to requests for telecommunication facilities in the ROW. Purpose of the Guidelines The following guidelines are intended to provide general parameters under which requests for telecom facilities may be allowed within the public ROW. The primary objective of these guidelines is to provide telecom providers with a better sense of what the City, EWEB, and other ROW facility users will accept related to telecom facilities in the ROW. It’s important to emphasize that these guidelines do not obligate the city, EWEB or other ROW facility users to accept request even if all these guidelines are met. Likewise, these guidelines are not intended as strict code requirements. In the review of specific requests, if a particular proposal achieves the overarching goal of minimizing impact to surrounding properties by but does not meet every guideline, EWEB, the City and other ROW facility users have the discretion to issue approval. General Guideline 1. Colocation of telecom facilities should be limited to ROWs involving public streets. Alleys and public utility easements will be strongly discouraged, unless it can be shown that such locations pose minimal visual impact to surrounding properties. 2. The telecom facility must be located on an existing pole or other utility structure. No additional poles or structures may be added in the ROW for the sole purpose of accommodating the telecom facility. 3. The existing pole or structure may be replaced by a similar pole or structure provided it complies with the other guidelines listed below.