[HISTORY: Adopted by the Town Board of the
Town of Van Buren 10-15-2019 by L.L. No. 9-2019. Amendments noted where
applicable.]
A.
Purpose.
(1)
The purpose of this chapter is to regulate the placement of certain
wireless communication facilities in the Town. The standards set forth
herein are created to provide objective, technically feasible criteria
applied in a nondiscriminatory manner that reasonably match the aesthetics
and character of the immediate area regarding all of the following,
which the Town shall consider when reviewing an application:
(a)
The location of the ground-mounted communication facilities;
(b)
The location of a wireless facility on a pole or other device;
(c)
The appearance and concealment of certain wireless communication
facilities, including those relating to materials used for arranging,
screening and landscaping;
(d)
The design and appearance of a wireless support structure, including
any height requirements adopted in accordance with this chapter.
(2)
This chapter applies to the public ROW but does not restrict the
Town's right to regulate wireless communication facilities on
non-Town-owned property or outside of the public ROW under the same
terms and conditions set forth herein.
B.
Intent. In enacting this chapter, the Town is establishing uniform
standards to address issues presented by certain wireless 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 efforts are made to preserve the character of neighborhoods
in which facilities are installed;
(5)
Protect against environmental damage, including damage to trees,
public and private property; and
(6)
Facilitate the appropriate and reasonable deployment of small wireless
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 Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Ministerial review of an application by the Town relating
to the review and issuance of a permit, including review by the Code
Enforcement Officer to determine whether the issuance of a permit
is in conformity with the applicable provisions of this chapter.
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform Building, Fire, Safety, Electrical, Plumbing, or
Mechanical Codes adopted, or incorporated, by the Town.
Any person who submits an application under this chapter.
A written request, on a form provided by the Town, for a
permit.
The Town of Van Buren or any agency, subdivision or any instrumentality
thereof.
To install or mount a small wireless facility on an existing
support structure, an existing tower, or on an existing pole to which
a small wireless facility is attached at the time of the application.
"Co-location" has a corresponding meaning.
Collectively, the equipment at a fixed location(s) within
the public ROW or on public or private property that enables communications
services, including: i) radio transceivers, antennas, coaxial, fiber-optic
or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and ii) all
other equipment associated with any of the foregoing. A communications
facility does not include the pole, tower or support structure to
which the equipment is attached.
Cable service, as defined in 47 U.S.C. § 522(6);
information service or broadband, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services, and includes a cable
operator, as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic
purposes.
Review of an application by the Town Planning Board relating
to the review and issuance of a permit that is other than an administrative
review.
An eligible facility request as set forth in 47 CFR 1.40001(b)(3),
as that section may be amended from time to time.[1]
The Federal Communications Commission of the United States.
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Inspections, testing and/or repair of existing communication
facilities that maintain functional capacity, aesthetic and structural
integrity of a communications facility and/or the associated support
structure, pole or tower, that does not require blocking, damaging
or disturbing any portion of the public ROW.
A written authorization (in electronic or hardcopy format)
to install, at a specified location(s) in the public ROW or at a specific
location on public or private property, a communications facility,
tower or a pole to support a communications facility.
An applicant who has received a permit under this chapter.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within the public right-of-way. A pole does
not include a tower or support structure.
A communications service provider or a wireless services
provider, and includes any person who owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this chapter shall include
public utility easements, but only to the extent the Town has to permit
use of the area or public utility easement for communications facilities
or poles, towers and support structures that support communications
facilities. The term does not include a federal interstate highway
or other areas that are not within the legal jurisdiction, ownership
or control of the Town.
Unless otherwise specified or restricted by the terms of
the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities. "Public
utility easement" does not include an easement dedicated solely for
Town's use, or where the proposed use by the provider is inconsistent
with the terms of any easement granted to the Town.
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this chapter and any other applicable Town
regulations, in order to address limitations of the existing structure
to structurally support co-location of a communications facility.
A wireless facility that meets both of the following qualifications:
The State of New York.
A freestanding structure other than a pole or a tower to
which a wireless facility is attached at the time of the application.
Any structure built for the sole or primary purpose of supporting
a wireless facility. A tower does not include a pole or a support
structure.
The equipment at a fixed location(s) that enables wireless
services. The term does not include: i) the support structure, tower
or pole on, under, or within which the equipment is located or co-located;
or ii) coaxial, fiber-optic or other cabling that is between communications
facilities or poles or that is otherwise not immediately adjacent
to or directly associated with a particular antenna. A small wireless
facility is one type of a wireless facility.
A person who builds or installs wireless communication transmission
equipment, wireless telecommunications facilities or wireless telecommunications
support structures, but that is not a wireless services provider.
Any services provided using wireless telecommunications facilities.
A person who provides wireless services and is authorized
to provide such services pursuant to an FCC license.
[1]
Editor's Note: See now 47 C.F.R. § 1.6100(b)(3).
A.
Agreement. Prior to installing any communications facility in a public
ROW, or any pole built for the sole or primary purpose of supporting
a communications facility or any tower, a person shall enter into
a license agreement ("license agreement") with the Town, which shall
be filed with the Onondaga County Clerk's office, expressly authorizing
use of the public ROW for the communications facility, pole or tower
proposed to be installed.
(1)
General terms. The license agreement shall include:
(a)
The term of the license agreement shall be annual, which shall
renew automatically unless terminated by the Town upon 90 days'
written notice.
(b)
The license agreement authorizes the provider's nonexclusive
use of the public ROW for the sole purpose of installing, maintaining
and operating communications facilities, including any pole built
for the sole or primary purpose of supporting the communications facilities
and any tower, to provide the services expressly authorized in the
license agreement, subject to applicable laws, this chapter and the
terms and conditions of the license agreement. The license agreement
authorizes use only of the public ROW in which the Town has an actual
interest. It is not a warranty of title or interest in any public
ROW and it does not confer on the provider any interest in any particular
location within the public ROW. No other right is granted except as
expressly set forth in the license agreement. Nothing herein shall
authorize the use of the Town's poles, towers, support structures,
or other structures in the public ROW. All use of Town poles, towers,
support structures, and other structures in the public ROW shall require
the execution of an "attachment agreement," and the payment of separate
fees for such use.
(c)
The provider shall, at its sole cost and expense, keep and maintain
its communications facilities, poles, support structures and towers
in the public ROW in a safe condition, and in good order and repair.
(d)
The provider shall keep and maintain liability insurance in
the amount of $1,000,000 for each incident and an umbrella policy
in the amount of $5,000,000 for each communication facility in a public
ROW. The Town shall be named an additional insured on each policy
on a primary, noncontributory basis. The provider shall provide the
Town with proof of such insurance in a form acceptable to legal counsel
for the Town. Each insurance policy shall contain an endorsement obligating
the insurance company to furnish the Town with at least 30 days'
written notice prior to the cancellation of the insurance policy.
The insurance policies shall be issued by an insurance company licensed
to do business in New York State and shall have a Best's rating
of at least A.
(e)
The license agreement shall include the name and contact information
for the provider to be called in cases of emergencies.
(f)
Licensees using space in ducts, conduits and on poles must comply
with the terms of this license agreement, unless expressly exempted
by the Town.
(g)
The Town shall have the right to access books and records, including
audit rights, of the provider to determine that all applicable fees
and payments have been made to the Town.
(h)
The provider shall provide proof to the Town that it has a license
or authority from the owner to use an existing pole, tower or support
structure in the public ROW for a communications facility.
(i)
The terms and conditions set forth herein are not exclusive,
and the Town reserves the right to require additional terms and conditions
to the license agreement.
(2)
Public ROW construction and installation requirements:
(a)
ROW permit.
[1]
Unless expressly authorized in this chapter or in writing by
the Town, no person may construct, maintain or perform any other work
in the public ROW related to communications facilities, poles built
for the sole or primary purpose of supporting communications facilities,
or towers without first receiving a permit to the extent required
under this chapter, and any other permit or authorization required
by applicable laws.
[2]
The Town shall not issue a permit unless the applicant, or a
provider on whose behalf the applicant is constructing communications
facilities, poles or towers, has executed a license agreement required
by this chapter, or otherwise has a current and valid franchise with
the Town expressly authorizing use of the public ROW for the communications
facilities, poles or towers proposed in the application, and all applicable
fees have been paid.
(b)
Location of new facilities.
[1]
The provider shall not locate or maintain its communications
facilities, poles and towers so as to unreasonably interfere with
the use of the public ROW by the Town, by the general public or by
other persons authorized to use or be present in or upon the public
ROW.
[2]
Aboveground placement of new poles and equipment cabinets shall meet the requirement set forth in § 151-5D of this chapter.
[3]
Unless otherwise agreed to in writing by the Town or otherwise required by applicable laws, whenever any existing electric utilities or communications facilities are located underground within a public ROW, the provider with permission to occupy the same portion of the public ROW shall locate its communications facilities underground at its own expense. The Town may, in its sole discretion, approve aboveground placement of equipment cabinets, pedestals and similar equipment, pursuant to § 151-5D of this chapter. For facilities or equipment such as wireless facilities that cannot, by their nature, operate unless located aboveground, the provider and Town shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW.
(c)
Construction standards. In performing any work in or affecting the public ROW, the provider, and any agent or contractor of the provider, shall comply with the provisions of § 151-7 of this chapter and all other applicable laws.
(d)
Restoration requirements.
[1]
The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, poles, towers or work in or adjacent to the public ROW as required in § 151-7 of this chapter and all other applicable laws.
[2]
If the provider fails to timely restore, repair or replace the
public ROW as required in this subsection, the Town or its contractor
may do so, and the provider shall pay the Town's costs and expenses
in completing the restoration, repair or replacement.
(e)
Removal, relocation and abandonment.
[1]
Within 60 days following written notice from the Town, the provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
of its communications facilities, poles, support structures or towers
within the public ROW, including relocation of aboveground communications
facilities underground (consistent with the provisions of this chapter),
whenever the Town has determined, in its sole discretion, that such
removal, relocation, change or alteration is necessary for the construction,
repair, maintenance, or installation of any Town improvement, the
operations of the Town in, under or upon the public ROW, or otherwise
is in the public interest. The provider shall be responsible to the
Town for any damages or penalties it may incur as a result of the
provider's failure to remove or relocate communications facilities,
poles, support structures or towers as required in this subsection.
[2]
The Town retains the right and privilege to cut or move any
communications facility, pole, support structure or tower located
within the public ROW, as the Town may determine, in its sole discretion,
to be necessary, appropriate or useful in response to any public emergency.
If circumstances permit, the Town shall notify the provider and give
the provider an opportunity to move its own facilities prior to cutting
or removing the communications facility, pole, support structure or
tower. In all cases, the Town shall notify the provider after cutting
or removing the communications facility, pole, support structure or
tower as promptly as reasonably possible.
[3]
A provider shall notify the Town of abandonment of any communications
facility, pole, support structure or tower at the time the decision
to abandon is made, however, in no case shall such notification be
made later than 30 days prior to abandonment. Following receipt of
such notice, the provider shall remove its communications facility,
pole, support structure or tower at the provider's own expense,
unless the Town determines, in its sole discretion, that the communications
facility, pole, support structure or tower may be abandoned in place.
The provider shall remain solely responsible and liable for all of
its communications facilities, poles, support structures and towers
until they are removed from the public ROW unless the Town agrees
in writing to take ownership of the abandoned communications facilities,
poles, support structures or towers. Upon the issuance of a permit,
the provider shall provide a removal bond in the amount estimated
for the removal of all of the communication facilities that are the
subject of an application, such estimated amount to be determined
by the Code Enforcement Officer, after consultation with the Engineer
for the Town.
[4]
If the provider fails to timely protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter any of
its communications facilities, poles, support structures or towers
or remove any of its abandoned communications facilities, poles, support
structures or towers as required in this subsection, the Town or its
contractor may do so, and the provider shall pay all costs and expenses
related to such work, including any delay damages or other damages
the Town incurs arising from the delay.
(f)
As-builts and maps. Maps showing the location of equipment in
the public ROW and as-builts after construction shall be provided
to the Town within 30 days after completion of construction, in conformance
to the requirements of the Engineer for the Town.
B.
Fees and charges.
(1)
Permit application fee. Every applicant for a co-location shall pay
a permit application fee of $500 for a single up-front application,
which application may include up to five small wireless facilities,
and $100 per application for each additional small wireless facility
thereafter. The fee shall be paid upon submission of the application.
(2)
Every applicant for a new pole in the public ROW shall pay a permit
application fee of $1,000. The fee shall be paid upon submission of
the application.
(3)
License agreement fee. Every person requesting a license agreement
from the Town shall pay an administrative fee of $340, which shall
include the legal costs of drafting such license agreement.
(4)
ROW use fee. In exchange for the privilege of nonexclusive occupancy
of the public ROW, the provider shall pay the Town $270 per small
wireless facility, per year, for as long as the license agreement
is effective. The ROW use fee shall be due and payable within 30 days
of issuance of the license agreement.
(5)
Attachment fees. The provider shall be subject to an additional attachment
fee of $500 per attachment if the small wireless facilities will be
attached to property (either real or personal) owned by the Town.
No attachment will be allowed except after issuance of a permit pursuant
to an attachment agreement.
(6)
Other fees. The applicant or provider shall be subject to any other
generally applicable fees of the Town or other government body, such
as those required for electrical permits, building permits, or street
opening permits, which the applicant or provider shall pay as required
in the applicable laws, as well as attachment fees for the use of
Town-owned poles, towers, support structures, ducts, conduits or other
structures in the public ROW, as set forth in attachment agreements
authorizing such use.
(7)
No refund. Except as otherwise provided in a license agreement, the
provider may remove its communications facilities, poles or towers
from the public ROW at any time, upon not less than 30 days'
prior written notice to the Town, and may cease paying to the Town
any applicable recurring fees for such use, as of the date of actual
removal of the facilities and complete restoration of the public ROW.
In no event shall a provider be entitled to a refund of fees paid
prior to removal of its communications facilities, poles or towers.
A.
Permit required. Unless expressly authorized in this chapter or in
writing by the Town, no person may construct, install or maintain
in the public ROW any communications facilities or poles built for
the primary purpose of supporting communications facilities, or towers,
including the installation or co-location of communications facilities
on existing poles, towers, support structures or other structures
within the public ROW, without first receiving a permit. Notwithstanding
the foregoing, in the event of an emergency, a provider or its duly
authorized representative may work in the public ROW prior to obtaining
a permit, provided that the provider shall attempt to contact the
Town prior to commencing the work and shall apply for a permit as
soon as reasonably possible, but not later than 12 hours after commencing
the emergency work. For purposes of this subsection, an "emergency"
means a circumstance in which immediate repair to damaged or malfunctioning
facilities is necessary to restore lost service or prevent immediate
harm to persons or property.
B.
Permit application requirements. The application shall be made by
the provider or its duly authorized representative and shall contain
the following:
(1)
The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant.
(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 description of the proposed work and the purposes and intent of
the proposed facility sufficient to demonstrate compliance with the
provisions of this chapter. The applicant shall state whether the
applicant believes the proposed work is subject to administrative
review or discretionary review and if the permit is an eligible facilities
request.
(4)
If applicable, a copy of the authorization for use of the property
from the pole, tower or support structure owner on or in which the
communications facility will be placed or attached.
(5)
Detailed construction drawings regarding the proposed communication
facility.
(6)
To the extent the proposed facility involves co-location on a pole,
tower or support structure, a structural report performed by a duly
licensed engineer evidencing that the pole, tower or support structure
will structurally support the co-location (or that the pole, tower
or support structure will be modified to meet structural requirements)
in accordance with applicable codes.
(7)
For any new aboveground facilities or structures, accurate visual
depictions or representations, if not included in the construction
drawings.
(8)
If new construction, a plan demonstrating how co-locations on the
new pole, tower or support structure would be possible for other providers
who may wish to deploy small cell technology in the geographic area
of the subject application.
C.
Proprietary or confidential information in application. Applications
are public records that may be made available pursuant to the New
York State Freedom of Information Law. Notwithstanding the foregoing,
the applicant may designate portions of its application materials
that it reasonably believes contain proprietary or confidential information
as "proprietary" or "confidential" by clearly marking each portion
of such materials accordingly, and the Town shall treat the information
as proprietary and confidential, subject to the requirements of the
New York State Freedom of Information Law and the Town's determination
that the applicant's request for confidential or proprietary
treatment of application materials is reasonable.
D.
Ordinary maintenance and repair. A permit shall not be required for
ordinary maintenance and repair. The provider or other person performing
the ordinary maintenance and repair shall obtain any other permits
required by applicable laws and shall notify the Town in writing at
least 48 hours before performing the ordinary maintenance and repair.
E.
Material changes. The Town may require payment of an additional permit application fee in the event the Town determines, in its sole discretion, that material changes to an application after submission amount to a new application and will materially increase the time and/or costs of the permit review process. Unless otherwise agreed to in writing by the Town, any material changes to an application, as determined by the Town in its sole discretion, shall be considered a new application for purposes of the time limits set forth in § 151-5B(2), unless otherwise provided by applicable laws.
F.
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this chapter shall be accompanied by the fees required under § 151-3B.
G.
Effect of permit. A permit from the Town authorizes an applicant
to undertake only the activities in the public ROW specified in the
application and permit, and in accordance with this chapter and any
general conditions included in the permit. A permit does not authorize
attachment to or use of existing poles, towers, support structures
or other structures in the public ROW; a permittee or provider must
obtain all necessary approvals and pay all necessary fees from the
owner of any pole, tower, support structure or other structure prior
to any attachment or use. A permit does not create a property right
or grant authority to the applicant to interfere with other existing
uses of the public ROW.
H.
Duration. Any permit for construction issued under this chapter shall
be valid for a period of 90 days after issuance and can be extended
for an additional 90 days upon written request of the applicant, if
the failure to complete construction is a result of circumstances
beyond the reasonable control of the applicant.
I.
An applicant may simultaneously submit up to five applications for
communications facilities, or may file a single, consolidated application
covering a batch of not more than 20 such communications facilities,
provided that the proposed communications facilities are to be deployed
on the same type of structure using similar equipment and within an
adjacent, related geographic area of the Town. If the applicant files
a consolidated application, the applicant shall pay the application
fee calculated as though each communication facility were a separate
application. No applicant shall submit more than one consolidated
application over a six-month period. The Code Enforcement Officer
has the discretion to determine whether a provider is submitting a
consolidated application through the submission of multiple single
small wireless facilities.
A.
Permitted use. The following uses within the public ROW shall be permitted uses, subject to administrative review and issuance of a permit as set forth in this § 151-5. All such uses shall be in accordance with all other applicable provisions of this chapter, including without limitation, those set forth in § 151-7 below and the terms of any license agreement. Administrative review will not be available for consolidated applications or simultaneous applications for more than five communication facilities.
(1)
Co-location of a small wireless facility that does not exceed the maximum height set forth in Subsection C or a co-location that qualifies as an eligible facilities request.
(2)
Modification of a pole, tower or support structure or replacement
of a pole for co-location of a communications facility where the modification
or replacement qualifies as an eligible facilities request.
(3)
Construction of a new decorative pole or a monopole tower (but no other type of tower) to be used for a small wireless facility that does not exceed the maximum height set forth in Subsection C, provided that there are existing poles of similar height within 100 feet of either side of the proposed new pole or monopole tower.
(4)
Construction of a communications facility, other than those set forth in Subsection A(1), (2) or (3), involving the installation of coaxial, fiber-optic or other cabling that is installed underground or aboveground between two or more existing poles or an existing pole and an existing tower and/or existing support structure, and related equipment and appurtenances.
B.
Application review.
(1)
The Town shall review the application either under the administrative review or discretionary review, as the case may be, and, if the application conforms with applicable provisions of § 151-4 and this section, the Town shall issue the permit, subject to the design standards set forth in Subsection D.
(2)
Except as otherwise provided by applicable laws, the Town shall:
(a)
Within 10 days of receiving an application, notify the applicant
if the application is incomplete and identify the missing information.
The applicant may resubmit the completed application within 30 days
without additional charge, in which case the Town shall have 10 days
from receipt of the resubmitted application to verify the application
is complete, notify the applicant that the application remains incomplete
or, in the Town's sole discretion, deny the application; and
(b)
Make its final decision to approve or deny the application within
60 days for a co-location, and 90 days for any new structure, after
the application is complete (or deemed complete in the event the Town
does not notify the applicant that the application or resubmitted
application is incomplete).
(3)
The Town shall advise the applicant in writing of its final decision.
C.
Maximum height of permitted use. Small wireless facilities, and new, modified or replacement poles, towers and support structures in the public ROW may be approved through administrative review as provided in § 151-5A only if the following requirements are met:
D.
Design standards. The design standards for communication facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers shall be adopted by the Town Board and shall
be published on the official Town website and made available to all
applicants at their request or upon submission of an application.
The design standards shall be subject to change upon 30 days'
notice to an applicant and upon a majority vote of the Town Board.[1]
[1]
Editor's Note: The design standards are included as an attachment to this chapter.
All other uses within the public ROW not expressly set forth or referenced in § 151-5A shall require compliance with, and issuance of, a site plan approval pursuant to § 200-79B of the Town Code. In determining the deployment and placement of communication facilities, the Planning Board shall consider the following criteria and its impact on the surrounding neighborhood during the site plan review process: i) the design standards set forth in § 151-5D of this chapter; ii) the compatibility of further deployments and their potential impact on the surrounding neighborhood; iii) the potential for co-location of other providers' communication facilities; and iv) the density fulfillment needs of the neighborhood.
A.
General work requirements.
(1)
General safety and compliance with laws. The permittee shall employ
due care during the installation, maintenance or any other work in
the public ROW, and shall comply with all safety and public ROW protection
requirements of applicable laws, applicable codes, and any generally
applicable Town guidelines, standards and practices, and any additional
commonly accepted safety and public ROW protection standards, methods
and devices (to the extent not inconsistent with applicable laws).
(2)
Traffic control. Unless otherwise specified in the permit, the permittee
shall erect a barrier around the perimeter of any excavation and provide
appropriate traffic control devices, signs and lights to protect,
warn and guide the public (vehicular and pedestrian) through the work
zone. The manner and use of these devices shall be described within
a traffic control plan in accordance with the Uniform Manual of Traffic
Control Devices. The permittee shall maintain all barriers and other
traffic control and safety devices related to an open excavation until
the excavation is restored to a safe condition or as otherwise directed
by the Town.
(3)
Interference. The permittee shall not interfere with any existing
facilities or structures in the public ROW, and shall locate its lines
and equipment in such a manner as not to interfere with the usual
traffic patterns (vehicular or pedestrian) or with the rights or reasonable
convenience of owners of property that abuts any public ROW.
(4)
Utility location. Before beginning any excavation in the public ROW,
the permittee shall comply with Dig Safely New York.
B.
Compliance with permit.
(1)
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications. The Town
and its representatives shall be provided access to the work site
and such further information as they may require to ensure compliance
with such requirements. All work that does not comply with the permit,
the approved plans and specifications for the work, or the requirements
of this chapter shall be removed at the sole expense of the permittee.
The Town may stop work in order to assure compliance with the provision
of this chapter.
(2)
In addition to obtaining a permit for installation of a communications
facility, poles built for the sole or primary purpose of supporting
communications facilities, or towers in the public ROW, an applicant
must obtain all other required permits.
C.
Mapping data. The permittee shall provide to the Town as-builts,
in a format designated by the Town or otherwise compatible with such
format, showing the location of communications facilities, poles,
support structures and towers upon completion of the permitted work.
Notwithstanding anything to the contrary in this chapter, an
applicant may not install a small wireless facility on a decorative
pole, or replace a decorative pole with a new decorative pole unless
the Town has determined, in its sole discretion as part of the administrative
review process, that each of the following conditions has been met:
Violation of any of the provisions of this chapter shall be
a violation punishable with a civil penalty of $250 for each violation.
Each day that a violation occurs or is permitted to exist by the applicant
or provider constitutes a separate offense.
