[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 10-16-2019 by L.L. No. 5-2019. Amendments noted where
applicable.]
A.
Purpose. The purpose of this chapter is to establish uniform policies
and procedures for the deployment and installation of small cell wireless
telecommunications facilities in rights-of-way within the Village's
jurisdiction and/or owned by the Village, which will provide a public
health, safety, and welfare benefit consistent with the preservation
of the integrity, safe usage, and visual qualities of the Village
of Spencerport rights-of-way and the Village of Spencerport as a whole.
B.
Intent. In enacting this chapter, the Village of Spencerport is establishing
uniform standards to address issues presented by small cell wireless
telecommunications facilities, including, without limitation, to:
(1)
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
(2)
Prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
(3)
Prevent interference with existing facilities and operations of facilities
presently lawfully located in rights-of-way or public property;
(4)
Ensure reasonable efforts are made to preserve the character of neighborhoods
in which facilities are installed;
(5)
Protect against environmental damage, including damage to trees;
and
(6)
Facilitate rapid deployment of small cell wireless telecommunications
facilities to provide the benefits of reliable access to wireless
telecommunications technology, broadband and 9-1-1 services to homes,
businesses, and schools within the Village of Spencerport.
C.
Conflicts with other chapters. This chapter supersedes all chapters
or parts of chapters adopted prior hereto that are in conflict herewith,
to the extent of such conflict.
As used in this chapter, the following terms shall have the
meanings indicated:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless telecommunications
services.
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes enacted solely to address imminent threats
of destruction of property or injury to persons to the extent not
inconsistent with the terms of this chapter.
Any person who submits an application and is a wireless telecommunications
provider.
A request submitted by an applicant:
To install, mount, maintain, modify, operate, or replace
wireless telecommunications facilities on or adjacent to a wireless
support structure or utility pole. "Co-location" has a corresponding
meaning.
Calendar day.
A one-time charge.
An individual, corporation, limited-liability company, partnership,
association, trust, or other entity or organization, including the
Village of Spencerport.
A recurring charge.
The area on, below, or above a roadway, highway, street,
sidewalk, alley, utility easement, or similar property, but not including
a federal interstate highway, in the Village of Spencerport and owned
by the Village of Spencerport.
A nondiscretionary building or work permit authorizing the
installation of the small cell wireless telecommunications facility.
A wireless telecommunications facility that meets both of
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 28 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 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 telecommunications facilities.
A utility pole owned or operated by the Village of Spencerport
in the rights-of-way, including a utility pole that provides lighting
or traffic control functions, including light poles, traffic signals,
and structures for signage; and
A pole or similar structure owned or operated by the Village
of Spencerport in the ROW that supports only wireless telecommunications
facilities.
Equipment at a fixed location that enables wireless telecommunications
between user equipment and a communications network, including: equipment
associated with wireless telecommunications; and radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration.
The term includes small cell wireless telecommunications facilities.
The term does not include the structure or improvements on, under,
or within which the equipment is co-located.
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless telecommunications facilities or
wireless telecommunications support structures, but that is not a
wireless telecommunications services provider.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
Any services, whether at a fixed location or mobile, provided
using wireless telecommunications facilities.
A person who provides wireless telecommunications services
and is authorized to provide such services pursuant to an FCC license.
A freestanding structure, such as a monopole, tower, either
guyed or self-supporting, billboard, or other existing or proposed
structure designed to support or capable of supporting wireless telecommunications
facilities. Such term shall not include a utility pole.
A.
Permitted use. Co-location of a small cell wireless telecommunications facility or a new or modified utility pole or wireless support structure for the co-location of a small cell wireless telecommunications facility shall be a permitted use not requiring discretionary zoning approvals subject to the restrictions in § 268-5.
B.
Permit required. No person shall place a small cell wireless telecommunications
facility in the rights-of-way or on a municipally owned pole without
first filing a small cell wireless telecommunications facility application
and obtaining a small cell building/work permit therefor, except as
otherwise provided in this chapter.
C.
Permit application. All small cell wireless telecommunications facility
applications for small cell building/work permits filed pursuant to
this chapter shall be on a form, paper or electronic, provided by
the Village of Spencerport.
D.
Application requirements. The small cell building/work permit application
shall be made by the wireless telecommunications provider or its duly
authorized representative and shall contain the following:
(1)
The applicant's name, address, telephone number, and email address.
(2)
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.
(3)
A general description of the proposed work and the purpose of the
work proposed.
(4)
A small cell wireless telecommunications facility shall comply with
all applicable building and safety codes.
E.
Routine maintenance and replacement. An application shall not be
required for:
F.
Information updates. Any amendment to information contained in a
small cell building/work permit application shall be submitted, in
writing, to the Village of Spencerport within 30 days after the change
necessitating the amendment.
G.
Application fees. Unless otherwise provided by law, all applications
for small cell building/work permits pursuant to this chapter shall
be accompanied by a fee for actual, direct, and reasonable costs incurred
by the Village of Spencerport related to processing the application,
but shall not exceed $500 each for up to five small cell wireless
telecommunications facilities addressed in the application and $100
for each additional small cell wireless telecommunications facility,
or $1,000 each for applications involving installation of a new pole
(i.e., not a co-location).
A.
Review of small cell wireless telecommunications facility applications.
(1)
The Village of Spencerport Board of Trustees shall review the application
for a small cell building/work permit in light of its conformity with
applicable regulations of this chapter and all applicable building
and safety codes, and shall issue a small cell building/work permit
on uniform terms and conditions subject to the following requirements:
(a)
Within 10 days of receiving an application, the Village of Spencerport
must determine and notify the applicant whether the application is
complete; or if an application is incomplete, the Village of Spencerport
must specifically identify the missing information.
(b)
Determine whether the application meets the requirements in § 268-4A(1) above. If the application meets the requirements of § 268-4A(1) above, the application shall be referred to the Small Cell Wireless Review Committee for review pursuant to § 268-4B below. Upon receipt of a recommendation from the Small Cell Wireless Review Committee, the Village Board of Trustees shall issue an approval or denial; the time frame within which said approval or denial shall be made is within 60 days for co-locations and 90 days for new poles. The applicable time periods will commence upon application submission, except that, in the event the Village of Spencerport provides notice within 10 days of submission that an application is materially incomplete, the applicable time period will commence upon resubmission.
(c)
Advise the applicant, in writing, of its final decision, and
in the final decision document the basis for a denial, including specific
code provisions on which the denial was based, and send the documentation
to the applicant on or before the day the Village of Spencerport denies
the application. The applicant may cure the deficiencies identified
by the Village of Spencerport and resubmit the application within
30 days of the denial without paying an additional application fee.
The Village of Spencerport shall approve or deny the revised application
within 30 days of receipt of the amended application. The subsequent
review by the Village of Spencerport shall be limited to the deficiencies
cited in the original denial.
(2)
If the Village of Spencerport fails to act on an application within
the applicable review period, the applicant may provide notice that
the time period for acting has lapsed and the application is then
deemed approved.
(3)
An applicant seeking to construct, modify or replace a network of
small cell wireless telecommunications facilities may, at the applicant's
discretion, file a consolidated application and receive a single small
cell building/work permit for multiple small cell wireless telecommunications
facilities; provided, however, the Village's denial of any site
or sites within a single application shall not affect other sites
submitted in the same application. The Village of Spencerport shall
grant a small cell building/work permit for any and all sites in a
single application that it does not deny subject to the requirements
of this section.
B.
Small Cell Wireless Review Committee.
(1)
For the purposes of reviewing applications for eligible facilities
requests and making recommendations to the Village Board, a review
committee is hereby established. The committee shall be known as the
"Small Cell Wireless Review Committee" (SCWRC).
(2)
The SCWRC shall consist of the following:
(a)
The Mayor of the Village, who shall serve as the Chairperson
of the SCWRC.
(b)
The Village Trustee with the responsibility of the Spencerport
Municipal Electric Company.
(c)
The Superintendent of the Spencerport Municipal Electric Company.
(d)
The Village Engineer.
(e)
The Building Inspector.
(f)
The Village Clerk.
(g)
The Village Attorney.
(3)
Upon receipt of a complete application, the Mayor shall call a meeting
of the SCWRC. At said meeting the applicant shall have the opportunity
to present the application and to answer any questions regarding it.
(4)
After the meeting is completed, the SCWRC shall have 15 days to prepare
a written report and recommendation to the Village Board of Trustees.
Said report shall set forth the reasons for the recommendation(s).
(5)
Upon receipt of said report, it shall be reviewed by the Village Board of Trustees at the next regularly scheduled meeting of the Board of Trustees. Should the report not be given to the Village Board within 15 days, the Village Board shall review the minutes and records of the proceedings of the SCWRC and the Village Board shall proceed without a recommendation. The Village Board shall issue a decision within the time frames set forth in § 268-4A(1)(b) supra. If the Village Board reverses the recommendation, modifies the recommendation or acts without a recommendation from the SCWRC, it shall set forth the reasons for reaching its conclusion.
(6)
The Village Board shall condition approval on the applicant and the
Village of Spencerport signing a mutually agreeable license agreement.
The Village Board may set such other and further conditions as it
may deem necessary and appropriate for the application, including,
but not limited to, a decommissioning bond.
A.
Maximum size of permitted use. Small cell wireless telecommunications
facilities and new or modified utility poles and wireless telecommunications
support structures for the co-location of small cell wireless telecommunications
facilities may be placed in the rights-of-way as a permitted use subject
to the following requirements:
B.
Design requirements. Small cell wireless telecommunications facilities
must be designed so as to avoid unsightly or out-of-character deployments.
Any specific requirements imposed by the Village of Spencerport relating
to design or placement of small cell wireless telecommunications facilities
shall be reasonable, nondiscriminatory, objective, and published in
advance.
C.
Zoning. Any wireless telecommunications provider that seeks to construct
or modify a utility pole, wireless telecommunications support structure
or wireless telecommunications facility that exceeds the height or
size limits contained in this section shall be subject to applicable
zoning requirements. In all other instances, no discretionary zoning
approvals shall be required for projects which comply with the terms
of this chapter and a small cell building/work permit shall be issued.
D.
Undergrounding provisions. Applicants shall comply with nondiscriminatory
undergrounding requirements that prohibit electric utilities, telecommunications
or cable providers from installing structures in the rights-of-way
without prior approval by Village of Spencerport staff in areas zoned
for single-family residential use, provided such requirements shall
not prohibit the replacement of existing structures or result in an
effective prohibition of service.
A.
Authority granted; no property right or other interest created. A
small cell building/work permit from the Village of Spencerport authorizes
an applicant to undertake only certain activities in accordance with
this chapter and does not create a property right or grant authority
to the applicant to impinge upon the rights of others who may already
have an interest in the rights-of-way or municipally owned pole.
B.
Duration. Construction pursuant to a small cell building/work permit
issued under this chapter must be commence within 12 months of issuance
of the small cell building/work permit, and diligently pursued thereafter,
or such small cell building/work permit shall expire.
A.
Notice. Within 90 days following written notice from the Village
of Spencerport, 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 wireless telecommunications
facilities within the rights-of-way whenever the Village of Spencerport
has determined that such removal, relocation, change or alteration
is necessary for the construction, repair, maintenance, or installation
of any Village of Spencerport improvement in or upon, or the operations
of the Village of Spencerport in or upon, the rights-of-way.
B.
Emergency removal or relocation of facilities. The Village of Spencerport
retains the right and privilege to cut or move any small cell wireless
telecommunications facility located within the rights-of-way of the
Village, as the Village of Spencerport may determine to be necessary,
appropriate or useful in response to any public health or safety emergency.
If circumstances permit, the Village of Spencerport shall notify the
wireless telecommunications provider and provide the wireless telecommunications
provider an opportunity to move its own facilities prior to cutting
or removing a facility and shall notify the wireless telecommunications
provider after cutting or removing a small cell wireless telecommunications
facility.
C.
Abandonment of facilities. Upon abandonment of a small cell wireless
telecommunications facility within the rights-of-way of the Village,
the wireless provider shall notify the Village of Spencerport within
90 days. Following receipt of such notice, the Village of Spencerport
may direct the wireless provider to remove all or any portion of the
small cell wireless telecommunications 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. If the wireless
provider fails to remove the small cell wireless telecommunications
facilities, the Village of Spencerport may utilize the decommissioning
bond or remove the wireless telecommunications facilities and invoice
the wireless provider.
A.
Small wireless facility administration rate. A wireless telecommunications
provider authorized to place small cell wireless telecommunications
facilities (including new utility poles or other wireless telecommunications
support structures) in the rights-of-way shall pay to the Village
of Spencerport the rate of $270 annually per small cell wireless telecommunications
facility.
B.
Attachment rate. The rate to place a small cell wireless telecommunications
facility on a Village-owned pole in the right-of-way shall be $20
per year per Village-owned pole. Such compensation, together with
the application fee and the ROW administration rate specified in this
chapter, shall be the sole compensation that the wireless provider
shall be required to pay the Village.
C.
Cease payment. A wireless provider is authorized to remove its facilities
at any time from a Village-owned pole in the rights-of-way and cease
paying the annual rate to the Village.
D.
Make-ready. For Village-owned utility poles in the rights-of-way,
the Village of Spencerport shall provide a good faith description
of any make-ready work necessary to enable the pole to support the
requested small cell wireless telecommunications facility, including
pole replacement if necessary, within 60 days after receipt of a completed
application. Any make-ready work, including pole replacements, shall
be performed by the provider or its qualified contractor.
Notwithstanding anything to the contrary in this chapter, in
the event that this chapter, in whole or in part, is declared or determined
by a judicial, administrative, or legislative authority (whether state
or federal) exercising its jurisdiction to be excessive, unreasonable,
unenforceable, void, unlawful, or otherwise inapplicable, the judicial,
administrative, or legislative order shall control the deployment
of small cell wireless telecommunications facilities in the Village
of Spencerport until this chapter is amended.
This chapter shall take effect upon filing with the New York
State Secretary of State.
