The purpose of this chapter is to establish uniform policies
and procedures for the deployment and installation of small cell wireless
telecommunication facilities (small cell facility) in the Village
of Hilton, 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 building permit from the Village after being
reviewed and approved by the Village of Hilton Zoning Board of Appeals.
As used in this chapter, the following terms shall mean and
include:
ACCESSORY EQUIPMENT
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.
ANTENNA
A system of electrical conducts that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include, but not be limited to, radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
BASE STATION
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.
A.
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.
B.
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).
C.
The term includes any structure other than a tower that, at the time the relevant application is filed with the Village of Hilton pursuant to this section, 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.
D.
The term does not include any structure that, at the time the relevant application is filed with the Village of Hilton under this section, does not support or house equipment described in Subsections
A and
B of this definition.
CO-LOCATION
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.
DISTRIBUTED ANTENNA SYSTEM (DAS)
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.
ELIGIBLE FACILITIES REQUEST
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 i) co-location of new transmission
equipment; ii) removal of transmission equipment; or iii) replacement
of transmission equipment.
ELIGIBLE SUPPORT STRUCTURE
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 of Hilton.
SMALL CELL WIRELESS TELECOMMUNICATIONS FACILITY or SMALL CELL
FACILITY
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 elements,
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.
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
A.
The mounting of the proposed antenna on existing towers, other
than towers in the public right-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;
B.
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;
C.
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public right-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;
D.
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;
E.
The modification defeats concealment and/or stealth elements
of the support structure; or
F.
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.
TOWER
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.
UTILITY POLE
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.
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
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 telecommunications
facilities on utility poles in the public right-of-way or property
of the Village of Hilton or of another municipal corporation with
the Village of Hilton 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 to private radio and television
reception and private citizens' bands, amateur bands, amateur
radio and other similar telecommunications.
To the extent they pertain to small cell wireless telecommunications
facilities, all ordinances, local laws and parts thereof that are
inconsistent with this chapter are hereby repealed.
It is the intention of the Village of Hilton and it is hereby
enacted that the provisions of this chapter shall be included in the
Code of the Village of Hilton; that the sections and subsections of
this chapter may be renumbered and relettered by the codifier to accomplish
such intention; that the codifier shall make no substantive changes
to this chapter; that the words "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification;
and that any such rearranging of the numbering and editing shall not
affect the validity of this chapter or the provisions of the Code
affected thereby.
The provisions of this chapter are separable, and if any provision,
clause, sentence, subsection, word or part thereof is held illegal,
invalid or unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this chapter or their petition
to other persons or circumstances. It is hereby declared to be the
legislative intent that this chapter would have been adopted if such
illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included there and if such person
or circumstance to which this chapter or part hereof is held inapplicable
had been specifically exempt therefrom.
This chapter shall take effect immediately upon filing with
the Office of the Secretary of State.