File #: 17-0236    Version: 1 Name: Wireless Communications
Type: Ordinance-Coded Status: Passed
File created: 6/28/2017 In control: City Council Legislative Session
On agenda: 7/12/2017 Final action: 7/12/2017
Title: Ordinance to Amend and Reenact Chapter 34 of the City Code of the City of Hampton, Virginia entitled “Streets and Sidewalks” by Amending Article III to Add “Division 1. - Encroachments Generally” After the Title of the Article and Add “Division 2. - Wireless Communications Infrastructure” to Comply with Recent Enactments of §§ 56-484.26, Et Seq. of the Code of Virginia
Indexes: Information Technology, Legal Compliance
Code sections: Chapter 34 - Streets and Sidewalks
Attachments: 1. Redline
Title
Ordinance to Amend and Reenact Chapter 34 of the City Code of the City of Hampton, Virginia entitled “Streets and Sidewalks” by Amending Article III to Add “Division 1. - Encroachments Generally” After the Title of the Article and Add “Division 2. - Wireless Communications Infrastructure” to Comply with Recent Enactments of §§ 56-484.26, Et Seq. of the Code of Virginia


Purpose
PURPOSE/BACKGROUND:
This housekeeping amendment is necessary to comply with recently enacted legislation of the General Assembly. It adds a new Division 1 title to current Article III of the encroachment section of Chapter 34, Streets and Sidewalks, and adds Division 2, covering co-location encroachments of wireless communications infrastructure. Staff recommends approval of this ordinance to be compliant with the Virginia code.


Discussion:

N/A

Impact:

N/A

Recommendation:
Rec
Approve Ordinance.

Body
BE IT ORDAINED by the Council of the City of Hampton, Virginia, that Chapter 34 of the City Code of the City of Hampton entitled “Streets and Sidewalks” is amended and reenacted to read as follows:

Chapter 34 - STREETS AND SIDEWALKS

ARTICLE III. - ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC WAYS, PLACES OR PROPERTY
DIVISION 1. - ENCROACHMENTS GENERALLY
Sec. 34-86. - Application; processing fee; procedures; council review.
….
DIVISION 2. - WIRELESS COMMUNICATIONS INFRASTRUCTURE
Sec. 34-90. - Definitions.
In accordance with Sec. 56-484.26 of the Code of Virginia, as amended, the following definitions apply to this division.
Antenna. Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
Co-locate. To install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.
Department. The Department of ...

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