This article establishes a process for managing and uniform
standards for acting upon requests for the placement of wireless telecommunications
facilities within the rights-of-way of the Village of Port Chester
consistent with the Village's obligation to promote the public
health, safety and welfare, and for those purposes, to regulate and
manage the public rights-of-way. The Village recognizes the importance
of wireless telecommunications facilities to provide high- quality
communications service to the residents and businesses within the
Village, and the Village also recognizes its obligation to comply
with applicable federal and state law regarding the placement of wireless
telecommunications facilities in its rights-of-way, and this article
shall be interpreted consistent with those provisions.
In addition to those definitions contained in §
283-1, terms used in this article shall have the following meanings:
APPLICATION
A formal request, including all required and requested documentation
and information submitted by an applicant to the Village for a wireless
placement permit.
BASE STATION
A.
A structure or equipment at a fixed location that enables FCC-licensed
or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined
herein or any equipment associated with a tower. "Base station" includes,
without limitation:
(1)
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.
(2)
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration [including distributed antenna systems
("DAS") and small-cell networks].
(3)
Any structure other than a tower that, at the time the relevant
application is filed with the Village under this section, supports
or houses equipment defined as a "wireless telecommunications facility"
that has been reviewed and approved under the applicable zoning or
siting process, or under another state or local regulatory review
process, even if the structure was not built for the sole or primary
purpose of providing that support.
B.
The term does not include any structure that, at the time the
relevant application is filed with the Village under this article,
does not support or house equipment defined as a "wireless telecommunications
facility."
CERTIFICATE OF COMPLETION
A document that is required from and issued by the Village
confirming all work described in the application, as approved:
A.
Was properly permitted, including, without limitation, all required
permits for building, electrical work, street or curb cutting, and
excavation;
B.
Was done in compliance with and fulfillment of all conditions
of all permits, including all stated deadlines;
C.
Was fully constructed or placed as approved and permitted; and
D.
Was finally inspected by the Village and was approved by the
Village after said final inspection.
DIRECTOR
The Director of Planning and Economic Development, or its
designee.
TOWER
Any structure built for the sole purpose of supporting any
FCC-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 utility pole is not a tower.
UNDERGROUND AREAS
Those corridors where there are no electrical facilities
or facilities of the incumbent local exchange carrier in the streets;
or where the wires associated with the same are or are required to
be located underground; or where the same are scheduled to be converted
from overhead to underground. Electrical facilities are distribution
facilities owned by an electric utility and do not include transmission
facilities used or intended to be used to transmit electricity at
nominal voltages more than 35,000 volts.
WIRELESS PERMIT
A permit issued pursuant to this article and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the streets; and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
WIRELESS TELECOMMUNICATIONS FACILITY or FACILITY
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal communication services (PCS), specialized mobile radio (SMR),
enhanced mobile radio (ESMR), paging, satellite digital audio radio
service (SDARS), fleet communication systems and similar commercial
facilities, whether operated in support of another business activity
or available for the transmission of signals on a sale or rental basis.
As used herein, the term shall include any necessary support structure,
connection cables and equipment buildings as well as towers or monopoles.
The Village, as a matter of policy, will negotiate agreements
for use of Village-owned or -controlled light standards, traffic signals,
and other vertical infrastructure, such as signage, in the streets.
The placement of wireless telecommunications facilities on those structures
shall be subject to the agreement. The agreement shall specify the
compensation to the Village for use of the structures. The person
seeking the agreement shall additionally reimburse the Village for
all costs the Village incurs in connection with its review of, and
action upon, the person's request for an agreement. As a general
matter, the Village will apply the same standards in considering a
request for use of the vertical infrastructure that it uses to determine
whether or not to grant an application for placement of wireless telecommunications
facilities on vertical infrastructure it does not own or control but
in addition will consider:
A. Impact on public uses: whether granting the application will have
an adverse effect on current or future public uses of the light standards
or traffic signals.
B. Consistency of design: whether the proposed modifications are consistent
with the design of the existing structure in terms of height, physical
dimensions and overall visual appearance, and consistent with the
design of similar structures in the same corridor.
In establishing the rights, obligations and conditions set forth
in this article, it is the intent of the Village to treat each applicant
or street user in a competitively neutral and nondiscriminatory manner,
to the extent required by law, and with considerations that may be
unique to the technologies, situation and legal status of each particular
applicant or request for use of the streets.