§ 58-224. Purpose and scope.

(a)

Purpose . The purpose and intent of this Article is for the City to exercise its lawful authority to regulate the Construction of Facilities on public streets and Public Ways within the City's jurisdiction. The regulations set forth in this Article are intended to provide a benefit to the public consistent with the preservation of the integrity, safe usage, and visual qualities of said streets and Public Ways, and the City as a whole by proper management for the finite space located within Public Ways.

(b)

Facilities subject to this Article . This Article applies to all Facilities within the Public Ways as that term is defined herein, except as otherwise provided in any applicable franchise, license or similar agreement. In no event shall this Article apply to the City of Wheaton or facilities owned or operated by the City.

(c)

Franchises, licenses, or similar agreements . The City, only as limited by law, may require a franchise, license or similar agreement in conformance with the Article for the privilege of locating Facilities within the City's Public Ways.

(d)

Master License Agreement Required . Every Entity having legal authority under Federal or State law to install Facilities in the Public Way, excluding those holding a franchise with the City of Wheaton, and which retains ownership of the Facilities after installation, shall possess a City license secured by execution of the uniform Master License Agreement set forth in Appendix A. The Master License Agreement shall be executed prior to the person applying for site specific permits. The Master License Agreement shall control the installation, maintenance, operation and removal of the support enhancement Facilities and supersede any inconsistent provisions of this Article to the extent of the inconsistencies only. Facility deployment on private property shall be controlled by the City Zoning Ordinance. In all other respects, this Article shall remain applicable to those Master License Agreements.

(e)

Conflicts with other ordinances . This Article supersedes all policies, resolutions, ordinances, or parts thereof adopted prior hereto that are in conflict herewith, to the extent of such conflict.

(f)

Conflicts with state and federal laws . In the event that applicable federal or state laws or regulations conflict with the requirements of this Article, the requirements of this Article shall apply to the maximum extent possible without violating the Federal or State laws or regulations.

(g)

Sound Engineering Judgment . The City shall use Sound Engineering Judgment when administering this Article and may vary the standards, conditions, and requirements expressed in this Article when the City Engineer determines that application of the standards, conditions and requirements set forth herein are substantially impractical or inconsistent with sound engineering practices. Such variations shall not include variations from the permit prohibitions set forth in section 58-227(g) of this Article. Nothing herein shall be construed to limit the ability of the City to regulate its Public Ways for the protection of the public health, safety and welfare.

(Code 1996, § 58-224; Ord. No. F-1323, § 1, 12-3-2007; Ord. No. F-1953, § 1, 8-1-2016)