18.51.070 Operations and Maintenance Standards

18.51.070 Operations and Maintenance Standards.

A. Each facility shall comply with any and all applicable laws, including but not limited to: provisions of the Larkspur Municipal Code, any state or federal laws or regulations, and regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

B. Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation.

C. Interference with City communication systems or communication systems for emergency services, such as hospitals, is prohibited. All proposed facility applications shall include reports, as required by the Police and Fire Departments, to evaluate for potential interference (e.g., HF, UHF, VHF, eight hundred (800) MHz). The applicant shall be responsible for any costs incurred by the City, including the costs of retaining consultants, to review and analyze the reports.

D. All wireless communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instances more than forty-eight (48) hours from the time of written notification by mail or facsimile from the City. If the graffiti is not removed within forty-eight (48) hours of written notification, the City may elect to complete the removal at the property owner’s expense.

E. Each wireless communication facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times in accordance with the approved landscape plan, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall be submitted for approval to the Zoning Administrator.

F. Each wireless communication facility shall be operated in such a manner so as to comply with Larkspur Municipal Code Chapter 9.54, Noise Control Regulations, and shall minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of ten p.m. and seven a.m. on weekday nights.

G. Each owner or operator of a wireless communication facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.

H. The owner or operator of any wireless communication facility shall submit and maintain, at all times, current contact and site information. Applicant shall notify City of any changes to the information submitted within thirty (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

1. Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and, if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

2. Name, address and telephone number of a local contact person for emergencies;

3. Type of service provided;

4. Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.

1. All facilities and equipment associated with a wireless communication facility shall be removed within thirty (30) days of the discontinuation of the use and the site shall be restored to its original preconstruction condition.

2. The service provider shall provide the City with a notice of intent to vacate a site a minimum of thirty (30) days prior to vacation.

3. If such facilities or equipment are not removed within thirty (30) days after the permit has lapsed under subsection (A) of this section, the site shall be deemed to be a nuisance pursuant to Larkspur Municipal Code Chapter 9.24, and the City may cause the equipment be removed at the owner’s expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. For facilities to be located on public property, this removal requirement, and appropriate bonding requirement, shall be included within the terms of the lease. For facilities to be located on private property, since the subject property owner shall be ultimately responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease. (Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004. Formerly 18.51.060)