[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton 4-9-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
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:
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 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.
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 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.
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 i) co-location of new transmission
equipment; ii) removal of transmission equipment; or iii) 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 of Hilton.
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.
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 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;
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 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;
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.
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.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
A.
A conditional use permit approval by the Zoning Board of Appeals
is required for the following uses. All permit applications must comply
with the requirements set forth in the Village of Hilton code.
(1)
A substantial change to an existing tower or base station, unless
the Building Inspector has determined it is a modification to be reviewed
by the Zoning Board of Appeals.
(2)
Any other application for placement, installation, co-location or
construction of transmission equipment that does not constitute an
eligible facilities request.
(3)
Placement of a new antenna on an existing tower or base station that
results in a substantial change to the tower or base station.
(4)
Installation of equipment on a pole, located at an elevation less
than 15 feet from the ground.
(5)
Installation of a small cell facility on a pole located within 20
feet of a dwelling unit.
B.
Small cell permit from the Zoning Board of Appeals.
(1)
No person shall install a small cell facility without first filing
a small cell facility application and obtaining a small cell permit
from the Zoning Board of Appeals.
(2)
The Zoning Board of Appeals 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 Zoning Board of Appeals may require the applicant to
provide documentation or information only to the extent reasonably
related to determine whether the request meets the requirements of
an eligible facilities request.
(3)
The Zoning Board of Appeals may issue a conditional use permit for
the following:
(a)
Co-location of a small cell facility or DAS facility on an existing
tower, utility pole or streetlight not exceeding 30 feet in height
on public or private property. Co-location of small cell facility
or DAS facility on an existing tower, utility pole or streetlight
exceeding 30 feet in height shall require special permit approval.
(b)
Co-location on existing buildings within the Village of Hilton.
(c)
Installation of a monopole or utility pole for a small cell
or DAS facility in the public right-of-way that does not exceed 30
feet in height.
(4)
Small cell permit application for Zoning Board of Appeals approval.
(a)
The small cell permit application shall be made by the wireless
telecommunications provider or its duly authorized representative
and shall contain the following:
(b)
The applicant's name, address, telephone number, and email
address.
(c)
The names, addresses, telephone numbers, and email address of
all consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
(d)
A general description of the proposed work and the purpose of
the work proposed.
(e)
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.
(f)
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.
(g)
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.
(5)
A wireless telecommunications provider shall pay to the Village an
application fee and administrative fee as set forth in this section.
(6)
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 the
administrative fee.
C.
Location of small cell facility approved by the Zoning Board of Appeals.
(1)
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:
(a)
On the roof of any Village-owned or federal, state or local
government-owned buildings or structures.
(b)
Location on privately owned buildings.
(c)
Location on existing Village-owned utility poles.
(d)
Location on Village-owned infrastructure on private poles.
(e)
Location on Village-owned property, where there is no existing
pole.
(f)
Location on privately owned utility poles.
(2)
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.
D.
Small cell facility permit fees. A fee schedule shall be established
by resolution of the Village Board of Trustees of this Village. Such
fee schedule may thereafter be amended from time to time by like resolution.
The fees set forth in, or determined in accordance with, such fee
schedule or amended fee schedule shall be charged and collected for
the submission of applications, the issuance of building permits,
amended building permits, renewed building permits, certificates of
compliance, temporary certificates, and other actions of the Code
Enforcement Officer described in or contemplated by this chapter.
E.
Zoning Board of Appeals requirements as to aesthetics and neighborhood
impact mitigation for small cell permits.
(1)
In order to preserve the character and integrity of Village neighborhoods,
the Village 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 the Central
Business District Zone, unless the applicant demonstrates to the Zoning
Board of Appeals' satisfaction that the selected site is necessary
to provide adequate service.
(b)
New small cell facilities shall include stealth technology designs,
unless the Zoning Board of Appeals makes a written determination that
such designs are not feasible.
(c)
The Zoning Board of Appeals 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 Zoning Board of Appeals makes a written determination waiving
the setback requirement.
(e)
The Zoning Board of Appeals 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
requirement.
(g)
Up to two small cells will be allowed per utility pole if technically
feasible and if in the determination of the Zoning Board of Appeals
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 approving agency.
(h)
No small cell placement shall be allowed on ornamental streetlighting
poles as determined by the Building Inspector.
(i)
No small cell facilities shall obstruct pedestrian or vehicular
vehicle traffic in any way.
(j)
In no event shall any utility pole or wireless telecommunications
support structure as of May 1, 2019, installed in the public right-of-way,
exceed 30 feet in height, unless permit approval is obtained from
the Zoning Board of Appeals. A shorter pole may be required if the
initial proposal is deemed out of character with the neighborhood
as determined by the Zoning Board of Appeals.
(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 permit approval
is obtained from the Zoning Board of Appeals.
F.
The Secretary of the Zoning Board of Appeals shall transmit a copy
of the Zoning Board of Appeals decision to the Town of Parma Tax Assessor
to better assess the utility infrastructure for wireless telephone
facilities.
G.
Duration. Construction pursuant to a small cell permit issued by
the Zoning Board of Appeals under this section must be commenced within
12 months of issuance of the small cell permit and diligently pursued
thereafter, or such small cell permit shall expire.
H.
Routine maintenance and replacement. An application shall not be
required for: i) routine maintenance; and ii) the replacement or upgrade
of a small cell facility with another small cell facility that is
same as or smaller in size and height at the same location.
I.
Information updates. 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 telecommunications
provider shall provide a list of existing small cell locations within
the Village.
J.
Removal, relocation or modification of small cell facility in the
public right-of-way.
(1)
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 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.
(2)
Abandonment of facilities. Upon abandonment of a small facility within
the public right-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.
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.
