[Added 3-11-2019 by L.L.
No. 4-2019]
A.
The purpose of this article is to establish uniform policies and
procedures for the deployment and installation of small-cell wireless
telecommunication facilities (small-cell facility) in the Village,
which will provide a public health, safety, and welfare benefit consistent
with the preservation of the integrity, safe usage, and visual qualities
in the Village. Any installation of a small-cell facility shall require
a special use permit from the Board of Trustees ("Board"), except
as otherwise set forth within.
B.
The Board of Trustees recognizes that federal regulation has established
parameters in this area. As such, notwithstanding the following, the
Board may amend the application of the below article by resolution
from time to time as it deems necessary to comply with areas in which
the Board determines that federal law, rule or regulation has preempted
said application.
As used in this article, the following terms shall have the
meanings indicated:
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequency signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower as defined in this section or any equipment associated with
a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Village pursuant to this article, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving co-location of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
Any tower or base station, as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Village.
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A small-cell facility meets both the following qualifications: i)
each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed element,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and ii) all other wireless
equipment associated with the facility is cumulatively no more than
17 cubic feet in volume. The following types of associated ancillary
equipment are not included in the calculation of equipment volume:
electric meter, concealment elements, telecommunications demarcation
box, ground-based enclosures, grounding equipment, power transfer
switch, cutoff switch, and vertical cable runs for the connection
of power and other services.
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
The mounting of the proposed antenna on existing towers, other
than towers in the public rights-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater;
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public rights-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Village-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small-cell telecommunication
facilities on utility poles in the public right-of-way or property
of the Village of Beacon or of another municipal corporation within
the Village of Beacon and similar structures that employ camouflage
technology, including but not limited to structures such as a multistory
building, church steeple, silo, water tower, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It is a structure intended for
transmitting and/or receiving radio, television, cellular, personal
telecommunications services, commercial satellite services or microwave
telecommunications, but excluding those used exclusively for dispatch
telecommunications, or exclusively for private radio and television
reception and private citizen's bands, amateur radio and other
similar telecommunications.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
Notwithstanding any other provision of this Code, special use
permit approval by the Board of Trustees is also required under this
article for the following uses:
A.
A substantial change to an existing tower or base station.
B.
Any other application for placement, installation, co-location or
construction of transmission equipment that does not constitute an
eligible facilities request.
C.
Installation of a new tower over 50 feet in height.
D.
Placement of new antenna on an existing tower or base station that
results in a substantial change to the tower or base station.
E.
Installation of equipment located on a sidewalk.
F.
Installation of equipment on a pole located at an elevation less
than 15 feet from the ground.
G.
Installation of a small-cell facility on a pole located within 20
feet of a dwelling unit.
A.
No person shall install a small-cell facility without first filing
a small-cell facility application and obtaining a small-cell permit
in the form of a special use permit from the Board of Trustees (Board).
B.
The Board shall approve a small-cell permit application concerning
any eligible facilities request for modification of an eligible support
structure that does not substantially change the physical dimensions
of such structure. An applicant shall assert in writing that its request
is considered an eligible facilities request. The Board may require
the applicant to provide documentation or information to the extent
reasonably related to determine whether the request meets the requirements
of an eligible facilities request.
C.
The Board may issue a permit for the following:
(1)
Co-location of a small-cell facility or DAS facility on an existing
tower, utility pole or streetlight not exceeding 50 feet on public
or private property.
(2)
Co-location on existing buildings within the Village.
(3)
Installation of a monopole or utility pole for small-cell or DAS
facility in the public right-of-way that does not exceed 50 feet in
height.
D.
Small-cell permit application for Board approval.
(1)
The small-cell permit application shall be made by the wireless telecommunications
provider or its duly authorized representative and shall contain the
following:
(a)
The applicant's name, address, telephone number, and email
address;
(b)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(c)
A general description of the proposed work and the purpose of
the work proposed.
(d)
The application shall identify and disclose the number and locations
of any small cells that the applicant has installed or locations the
applicant has considered in the past year for small-cell infrastructure
within the Village and those submitted or anticipated to be submitted
within a one-year period.
(e)
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance.
(2)
Any amendment to information contained in a small-cell permit application
shall be submitted in writing to the Village within 30 days after
the change necessitating the amendment.
E.
A wireless telecommunications provider shall pay to the Village an
application fee and administrative fee as set forth in this article.
F.
A wireless telecommunications provider is authorized, after 30 days'
written notice to the Village Building Inspector, to remove its facility
at any time from the rights-of-way and cease paying the Village administrative
fee.
A.
The following locational priorities shall apply in the order specified,
consistent with the Village's obligation to create the least
amount of adverse aesthetic impact and to preserve the scenic values
of the Village.
(1)
On the roof of any Village-owned or federal, state or local government
owned buildings or structures;
(2)
Location on privately owned buildings;
(3)
Location on an existing Village-owned utility pole;
(4)
Location on Village-owned infrastructure on private poles;
(5)
Location on Village-owned property, where there is no existing pole;
(6)
Location on privately owned utility poles.
B.
If the proposed site is not the highest priority listed above, then
a detailed explanation must be provided as to why a site of higher
priority was not selected. The person seeking such an exemption must
satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed use.
A.
In order to ensure that the limited private use of the public right-of-way
authorized herein does not become an additional cost to the Village,
it is hereby determined by the Board of Trustees that the following
fees shall be charged to small-cell permit applicants and small-cell
permit holders.
B.
Annual small-cell permit fees:
(1)
$500 for nonrecurring fees, including a single application for up
to five small wireless facilities, with an additional $100 for each
small wireless facility beyond five;
(2)
$1,000 or less for nonrecurring fees for a new pole intended to support
one or more small wireless facilities; and
(3)
$270 per small wireless facility per year for all recurring fees,
including any right-of-way access and/or attachment to municipal infrastructure
in the right-of-way.
(4)
Fee start date. The annual permit fee shall be payable January 2
of the year following installation. Failure to pay the annual permit
fee shall result in the imposition of a 5% penalty fee, additional
collection fees if necessary, and suspension or revocation of the
permit.
(5)
The above fees may be changed by resolution of the Board of Trustees
as deemed necessary in accord with the Board's reasonable approximation
of the Village's direct cost relative to the processing of a
permit application for a small-cell installation.
Board of Trustees requirements as to aesthetics and neighborhood
impact mitigation for small-cell permits. In order to preserve the
character and integrity of Village neighborhoods the Village Board
of Trustees finds that the following requirements are essential to
protect the public health, safety and welfare, and scenic preservation:
A.
New small-cell facilities shall not be located in settings and locations
that have been designated as landmarks or as historic sites by a local,
state or federal agency unless the applicant demonstrates to the Board's
satisfaction that the selected site is necessary to provide adequate
service.
B.
New small-cell facilities shall include stealth technology designs,
unless the Board makes a written determination that such designs are
not feasible.
C.
The Board may consider alternative locations for equipment, whether
pole mounted or ground mounted.
D.
All small cells placed on any roof shall be set back at least 15
feet from the edge of the roof along any street frontage, unless the
Board makes a written determination waiving the setback requirement.
E.
The Board shall consider all impacts to site lines and aesthetic
views.
F.
Except within the public right-of-way, all proposed poles, pole equipment
and enclosures shall comply with the designated setback requirements.
G.
Up to three small cells will be allowed per utility pole if technically
feasible and if in the determination of the Board there are no safety
or aesthetic concerns. Small-cells must be designed and placed in
an aesthetically pleasing manner to the reasonable satisfaction of
the Board.
H.
No small-cell placement shall be allowed on ornamental streetlighting
poles unless permitted by the Board.
I.
No small-cell facilities shall obstruct pedestrian or vehicular traffic
in any way.
J.
In no event shall any utility pole or wireless telecommunication
support structure installed in the public right-of-way exceed 50 feet
in height unless the Board waives this requirement during the consideration
of the permit. A shorter pole may be required if the initial proposal
is deemed out of character with the neighborhood as determined by
the Board.
K.
Each new small-cell facility, including antennas or other associated
equipment, installed in the public right-of-way shall not exceed more
than 10 feet above the existing utility pole or wireless telecommunications
support structure on which it is being located, unless the Board waives
this requirement during the consideration of the permit.
The Village Administrator shall maintain records of all Board
decisions granting any applications under the within article.
Construction pursuant to a small-cell permit issued by the Board
under this article must be commenced within 12 months of issuance
of the small-cell permit and diligently pursued thereafter, or such
small-cell permit shall expire.
An application shall not be required for:
Any amendment to information contained in a small-cell building/work
permit application shall be submitted in writing to the Village within
30 days after the change necessitating the amendment. On an annual
basis, the wireless telecommunication provider shall provide a list
of existing small-cell locations within the Village.
A.
Notice. Within 90 days' following written notice from the Village,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any small-cell facilities within the public
right-of-way whenever the Village has determined that such removal,
relocation, change or alteration, is necessary for the construction,
repair, maintenance, or installation of any Village improvement in
or upon, or the operations of the Village in or upon, the public right-of-way.
B.
Abandonment of facilities. Upon abandonment of a small-cell facility
within the public rights-of-way of the Village, the wireless provider
shall notify the Village within 90 days. Following receipt of such
notice the Village may direct the wireless provider to remove all
or any portion of the small-cell facility if the Village, or any of
its departments determines that such removal will be in the best interest
of the public health, safety and welfare.
A.
Prior to the approval of any application for a special use permit
for wireless telecommunications facilities and small-cell installation,
a public hearing shall be held by the Village, notice of which shall
be published in the Village's official newspaper designated for
publishing such notices and in a newspaper of general circulation
in the Village no less than 10 calendar days prior to the scheduled
date of the public hearing. In order that the Village may notify nearby
landowners, the application shall contain the names and address of
all landowners whose property is located within 1,500 feet of any
property line of the lot or parcel on which the new wireless telecommunications
facilities are proposed to be located.
B.
There shall be no public hearing required for an application to co-locate
on an existing tower or other structure or a modification at an existing
site, as long as there is no proposed increase in the height of the
tower or structure, including attachments thereto.
A.
All special use permits approved pursuant to this article shall expire
five years from the date of issuance, unless between 12 months and
six months prior to the five-year anniversary date of the special
use permit being issued, and all subsequent five-year anniversaries
of the issuance of the original special use permit, the holder of
a special use permit for such facility shall submit a signed, written
request to the Board for recertification. In the written request for
recertification, the holder of such special use permit shall include
the following:
(1)
The name of the holder of the special use permit;
(2)
If applicable, the number or title of the special use permit;
(3)
The date of the original granting of the special use permit;
(4)
Whether the wireless facility (facility) or small-cell installation
(installation) has been moved, relocated, rebuilt, or otherwise modified
since the issuance of the special use permit and, if so, in what manner;
(5)
A representation that facility or installation is in compliance with
the special use permit and compliance with all applicable laws, rules
and regulations;
(6)
Recertification that the facility or installation and attachments
are designed and constructed and continue to meet all local, Village,
state and federal structural requirements for loads, including wind
and ice loads. Such recertification shall be made by a professional
engineer, licensed in the state, the cost of which shall be borne
by the applicant;
(7)
A representation that the facility or installation cannot be replaced
by improved stealth technology which will reduce the visual impact
of such existing facility.
B.
After such review, if the Board determines that the permitted facility
or installation is in compliance with the special use permit and all
applicable statutes, laws, local laws, ordinances, codes, rules and
regulations currently in effect, then the Board shall issue a recertification
of the special use permit, which may include any new provisions or
conditions that are required by applicable statutes, laws, ordinances,
codes, rules or regulations. If, after such review, it is determined
that the facility or installation is not in compliance with the special
use permit and all applicable statutes, laws, ordinances, codes, rules
and regulations, then the Board may refuse to issue a recertification
of the special use permit. The applicant for recertification shall
be notified of the Board's refusal to recertify in writing. The
facility or installation shall thereafter be brought into compliance
within 30 days. In the event the facility or installation is not brought
into compliance within 30 days from the date of the decision of the
Board, it shall be subject to a new special use permit application,
which shall be promptly filed, or the structure and/or facility shall
be removed by the permittee in accordance with the provisions of this
article.
C.
If the applicant represents that the facility or installation can
be replaced by a facility of improved visual appearance through the
use of stealth technology, the special use permit shall be renewed
on the condition that the same is replaced with improved stealth technology
as approved by the Board prior to the expiration of the conditional
renewal.
D.
If the applicant has submitted all of the information requested and required by this article, and if the review is not completed, as noted in Subsection B of this section, prior to the five-year anniversary date of the special use permit, or subsequent five-year anniversaries, then the applicant for the permitted facility or installation shall receive an extension of the special use permit for up to six months, in order to complete the recertification review.
E.
If the holder of a special use permit does not submit a request for recertification of such special use permit within the time frame noted in Subsection A of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent five-year anniversaries.
A.
Such special use permit shall not be assigned, transferred or conveyed
without the express prior written notification to the Village.
B.
Such special use permit may, following a hearing upon due prior notice
to the applicant, be revoked, canceled, or terminated for a violation
of the conditions and provisions of the special use permit, or for
a material violation of this article after prior written notice to
the holder of the special use permit.
A.
A holder of a special use permit shall maintain and provide proof
of maintaining:
B.
For a wireless telecommunications facility on Village property, the
commercial general liability insurance policy shall specifically include
the Village and its officers, board members, employees, committee
members, attorneys, agents and consultants as additional insureds.
C.
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
D.
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
E.
Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
F.
Before construction is initiated, but in no case later than 15 days
after the granting of the special use permit, the holder of the special
use permit shall deliver to the Village a copy of each of the policies
or certificates representing the insurance in the required amounts.
A.
Any application that is proposed for Village property, pursuant to
this article, shall contain a provision with respect to indemnification.
Such provision shall require the applicant, to the extent permitted
by the law, to at all times defend, indemnify, protect, save, hold
harmless, and exempt the Village, and its officers, employees, committee
members, attorneys, agents, and consultants from any and all penalties,
damages, costs, or charges arising out of any and all claims, suits,
demands, causes of action, or award of damages, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the placement, construction,
erection, modification, location, product performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said facility, excepting, however, any portion of such claims,
suits, demands, causes of action or award of damages as may be attributable
to the negligent or intentional acts or omissions of the Village,
or its servants or agents. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by the Village.
A.
In the event of a violation of this article or any special use permit
issued pursuant to this article, the Village may impose and collect,
and the holder of the special use permit for wireless telecommunications
facilities shall pay to the Village, fines or penalties as set forth
below.
B.
In the event of a violation of this article or any special use permit
issued pursuant to this article, the Village may impose and collect,
from the property owner and/or holder of a special use permit, the
fines or penalties as set forth below.
C.
The failure to comply with the provisions of this article shall subject the applicant, property owner, or lessee to the code enforcement provisions and procedures set forth in Chapter 1, General Provisions, Article 1, of the Village Code.
D.
Notwithstanding anything in this article, the holder of the special
use permit may not use the payment of fines, liquidated damages or
other penalties, to evade or avoid compliance with this article or
any section of this article. An attempt to do so shall subject the
holder of the special use permit to termination and revocation of
the special use permit. The Village may also seek injunctive relief
to prevent the continued violation of this article, without limiting
other remedies available to the Village.
E.
Default and/or revocation. If a facility or installation is repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
article or of the special use permit, then the Village shall notify
the holder of the special use permit in writing of such violation.
A holder of a special use permit in violation may be considered in
default and subject to fines as set forth above and if a violation
is not corrected to the satisfaction of the Village in a reasonable
period of time the special use permit is subject to revocation.
A.
Under the following circumstances, the Village may determine that
the health, safety, and welfare interests of the Village warrant and
require the removal of facilities or installations if the same have:
(1)
Been abandoned (i.e., not used for a period exceeding 90 consecutive
days or a total of 180 days in any 365-day period, except for periods
caused by force majeure or acts of God, in which case, repair or removal
shall commence within 90 days;
(2)
Fallen into such a state of disrepair that it creates a health or
safety hazard; and/or
(3)
Have been located, constructed, or modified without first obtaining,
or in a manner not authorized by, the required special use permit,
or any other necessary authorization and the special permit may be
revoked.
B.
If the Village makes such a determination as noted in Subsection A of this section, then the Village shall notify the holder of the special use permit within 48 hours that said facility or installation is to be removed, the Village may approve an interim temporary use agreement/permit, such as to enable the sale of the same.
C.
The holder of the special use permit, or its successors or assigns,
shall dismantle and remove such facility or installation, and all
associated structures and facilities, from the site and restore the
site to as close to its original condition as is possible, such restoration
being limited only by physical or commercial impracticability, within
90 days of receipt of written notice from the Village. However, if
the owner of the property upon which the facility or installation
is located wishes to retain any access to the roadway, the owner may
do so with the approval of the Village.
D.
If the facility or installation is not removed or substantial progress
has not been made to remove it within 90 days after the permit holder
has received notice, then the Village may order officials or representatives
of the Village to remove it at the sole expense of the owner or special
use permit holder.
E.
If the Village removes, or causes to be removed, a facility or installation,
and the owner does not claim and remove it from the site to a lawful
location within 10 days, then the Village may take steps to declare
it abandoned, and sell it and its components.
F.
Notwithstanding anything in this section to the contrary, the Village
may approve a temporary use permit/agreement for a facility or installation,
for no more 90 days, during which time a suitable plan for removal,
conversion, or relocation of the affected facility or installation
shall be developed by the holder of the special use permit, subject
to the approval of the Village, and an agreement to such plan shall
be executed by the holder of the special use permit and the Village.
If such a plan is not developed, approved and executed within the
ninety-day time period, then the Village may take possession of and
dispose of the affected facility or installation in the manner provided
in this section.
