Consistent with the limitations in this part, an authority may require applicants to:

(1) Follow generally applicable and nondiscriminatory requirements for entities that deploy infrastructure or perform construction in a ROW:

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Terms Used In Tennessee Code 13-24-411

  • Aesthetic plan: means a publicly available written resolution, regulation, policy, site plan, or approved plat that:
    (A) Establishes generally applicable aesthetic requirements within the authority or designated area within the authority. See Tennessee Code 13-24-402
  • Applicant: means any person who submits an application pursuant to this part. See Tennessee Code 13-24-402
  • Authority: means :
    (i) Within a municipal boundary, the municipality, regardless of whether such municipality is a metropolitan government. See Tennessee Code 13-24-402
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • new PSS: means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. See Tennessee Code 13-24-402
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • PSS: means a pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. See Tennessee Code 13-24-402
  • ROW: means the space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the authority, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the authority, but excluding lands other than streets that are owned by the authority. See Tennessee Code 13-24-402
(A) Requiring structures and facilities placed within a ROW to be constructed and maintained as not to obstruct or hinder the usual travel upon pedestrian or automotive travel ways;
(B) Requiring compliance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) standards adopted by the authority to achieve compliance with the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.), including Public Rights-of-Way Accessibility Guidelines (PROWAG) if adopted by the authority;
(C) Requiring compliance with measures necessary for public safety; and
(D) Prohibiting obstruction of the legal use of a ROW by utilities;
(2) Follow an aesthetic plan established by the authority for a defined area, neighborhood, or zone by complying with generally applicable and nondiscriminatory standards on all entities entitled to deploy infrastructure in a ROW, except that an authority shall not apply standards in a manner that precludes all deployment of small wireless facilities or precludes deployment of small wireless facilities as a permitted use pursuant to zoning requirements and an authority shall provide detailed explanation of any denial based on the failure of the design to conform to the aesthetic plan. Notwithstanding this subdivision (2), in residential neighborhoods, an authority may impose generally applicable standards that limit deployment or colocation of small wireless facilities in public utility easements when the easements are:

(A) Not contiguous with paved roads or alleys on which vehicles are permitted;
(B) Located along the rear of residential lots; and
(C) Subject to a generally applicable restriction that no electric distribution or telephone utility poles are permitted to be deployed;
(3) In residential neighborhoods, deploy new PSS in a ROW to be located within twenty-five feet (25′) from the property boundaries separating residential lots larger than three-quarters of an acre in size and may require new PSS deployed in a ROW to be located within fifteen feet (15′) from the property boundaries separating residential lots three-quarters of an acre in size or smaller;
(4) Repair damage caused by entities entitled to deploy infrastructure in a ROW, including damage to public roadways or to other utility facilities placed in a ROW based on generally applicable and nondiscriminatory requirements imposed by the authority; and
(5) Require maintenance or relocation of infrastructure deployed in the ROW; timely removal of infrastructure no longer utilized; and insurance, surety bonds, or indemnification for claims arising from the applicant‘s negligence to the same extent the authority applies such requirements generally to entities entitled to deploy infrastructure in ROW based on generally applicable and nondiscriminatory requirements imposed by the authority.
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