[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia 4-1-2019 by Res. No. 39. Amendments noted where applicable.]
The Village of Cazenovia shall reserve the right to further define "small commercial wireless facilities," which are defined, in part, by the Declaratory Ruling and Third Report and Order ("Order'') issued by the Federal Communications Commission ("FCC") as facilities that are i) mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 1.1320(d); or ii) mounted on structures that are no more than 10% taller than other adjacent structures; or iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater, which are owned and maintained by a wireless telecommunication infrastructure provider requiring permit review and approval pursuant to Chapter 180, as it now exists, or as may be modified by local law in the future.
Requirements for the siting, construction, operation and maintenance of such small commercial wireless facilities shall at all times meet or exceed the most recent American National Standards Institute (ANSI) Code, National Electrical Safety Code and the National Electrical Code, and such facilities shall be at all times kept and maintained in good condition, order and repair by qualified maintenance and construction personnel so to protect persons and property within the Village.
Siting of all telecommunication facilities shall, as a matter of policy, have the least adverse effect on the environment and character of all zoning districts within the Village of Cazenovia, including visual impacts, existing vegetation, residential character and lighting.
All applications for the construction or installation of a new small wireless facility or modification of an existing wireless facility shall require the submission of documentation that demonstrates and proves the need for the small wireless facility to provide service primarily and essentially within the Village.
The Village, consistent with the Order, shall impose, at minimum, the following standards upon small commercial wireless facilities to address aesthetic and safety concerns as part of the review and permitting process:
A. 
Facilities shall be situated in a manner that minimizes proximity and visibility to residential structures, does not impede pedestrian or vehicular traffic, or otherwise create a safety hazard, and shall be no higher than the minimum height necessary;
B. 
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, or within four feet of the edge of the cartway, or within an easement area extending onto a privately owned lot;
C. 
To the extent feasible, accessory equipment shall be placed underground; if equipment must be ground mounted, screening from surrounding views, to the fullest extent possible, through landscaping or decorative features to the satisfaction of the Village shall be employed;
D. 
Camouflaging techniques, which may include screening and incorporating architectural features, shall be employed to limit visibility from public ways and residential uses while still permitting the facility to perform its designated function;
E. 
Where appropriate, small wireless facilities in the public right-of-way shall be co-located on existing wireless telecommunications facilities, whenever possible; if co-location is not technologically feasible, small wireless facilities shall be located on existing utility poles or other structures that do not already act as wireless telecommunication facility support structures;
F. 
Standardized, pre-approved location spacing, antennas and equipment cabinets shall be mandated;
G. 
Facilities shall be painted or shielded with street-design materials; and
H. 
The antenna and supporting electrical and mechanical equipment must be of a neutral color, so as to make the antenna and related equipment as visually unobtrusive as possible.
All standards governing small commercial wireless facilities as set forth in the aforementioned Order are hereby acknowledged and reaffirmed.
As soon as practicable, and upon due deliberation, the Village shall enact such additional modified standards for such small telecommunication facilities to be situated within the Village of Cazenovia, as may be necessary to assist in the review of such permits as are currently outlined in Chapters 253 and 285,[1] or as may be necessary upon the amendment of Village policy or local law.
[1]
Editor's Note: So in original.
Any approval for a small wireless facility that is proposed for Village property or in a public right-of-way shall require the applicant to at all times defend, indemnify, protect, save, hold harmless and exempt the Village and its elected officials, officers, employees, representatives and agents from any and all damages, costs or charges which might arise out of, or be caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of the small wireless facility.
The Village of Cazenovia Village Board hereby establishes an application fee of $500 for a single up-front application of a small wireless facility, which may include up to five sites, and $100 per application for each site thereafter.
The Village further imposes a recurring charge for each small wireless facility to be situated within the Village's right-of-way to be $250 per site per year, which shall include all related access, permitting and rental fees.