[HISTORY: Adopted by the City Council of the City of Corning 9-3-2019 by Ord. No. 1-2019. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Wireless
Telecommunications Infrastructure Ordinance."
Pursuant to the provisions and to the authority and power granted under Article 2-A, § 20, Subdivisions 24 and 25, and Article 5-A §§ 81 to 83, inclusive, of Chapter 21 of the General City and Consolidated Laws, and all amendments thereto, the City Council of the City of Corning, County of Steuben, New York, is authorized to regulate the design, location, and maintenance of wireless communications infrastructure within the public rights-of-way (hereinafter referred to as "ROW").
A.
Findings and declaration. The wireless communications industry has
expressed interest in submitting applications to place antennas and
associated equipment on new or existing structures in the public's
ROW for the deployment of small cell facilities.
B.
Purpose. The purpose of these regulations is to establish uniform
standards for the siting, design, permitting, and maintenance of small
cell facilities in the City of Corning. While the City recognizes
the importance of wireless communications facilities in providing
high-quality communication service to its residents and businesses,
the City also recognizes that it has an obligation to protect public
safety and to minimize the adverse effects of such facilities.
C.
Intent. These regulations are intended to provide for the managed
development of small cell facilities in a manner that enhances the
benefits of wireless communications and accommodates the needs of
the City and wireless carriers in accordance with federal, state,
and local laws and regulations.
The following words or phrases as used in this chapter are defined
as follows:
Communications equipment that transmits and/or receives 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.
Any person who submits an application under this chapter.
A written request, on a form provided by the City, for an
agreement or permit.
The City of Corning, New York.
To install or mount a small cell facility on an existing
pole to which a small cell facility is attached at the time of the
application.
Collectively, the equipment at a fixed location or locations
that enables wireless telecommunications services, including:
The Federal Communications Commission of the United States.
A pole that is specifically designed, and/or located in a
manner, for aesthetic purposes.
A structure made of wood, concrete, metal or other material
used to support utility, lighting, traffic control, or similar equipment
located within the public ROW.
The area on, below, or above property that has been designated
for use as a public roadway, highway, street, sidewalk, or alley,
and for purposes of this chapter shall include public utility and
access easements, but only to the extent the City has the authority
to permit use of the area or public utility or access easement for
wireless communications s.
Inspections, testing and/or repairs that maintain functional
capacity, aesthetic and structural integrity of a small cell facility
and/or the associated support structure or pole that does not disturb
any portion of the public ROW.
Facilities that meet each of the following conditions consistent
with FCC Order 18-133:
The facilities are mounted on structures 50 feet or less in
height, including their antennas, or are mounted on structures no
more than 10% taller than other adjacent structures, or do not extend
existing structures on which they are located to a height of more
than 50 feet or by more than 10%, whichever is greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume.
A written authorization issued by the Superintendent of Public
Works to install a small cell facility, or pole to support a small
cell facility, at a specified location in the public ROW.
Any person who:
Owns, constructs, operates or maintains equipment in the streets
or on poles within the public ROW to provide wireless communications
services regardless of whether such services originate or terminate
in the City; or
Provides wireless communications services that originate or
terminate in the City by means of:
Specifically identifiable equipment in the streets, which equipment
is owned by such person or made available to such person under a lease
or any other arrangement for a period longer than 120 days; or
Equipment in the public ROW if the use of such equipment is
continuing and substantial, and the City has determined that it is
necessary and appropriate to impose the requirements of this chapter
in order to preserve the application of this chapter on a competitively
neutral and nondiscriminatory basis consistent with applicable law.
A written agreement approved by the City Council authorizing
the use of public ROW for small cell facilities and related poles.
A.
Prior to installing in the public ROW any small cell facility or
related pole, a person shall enter into a wireless facilities license
agreement with the City expressly authorizing use of the public ROW
for the small cell facility or related facility or pole proposed to
be installed and receive a small cell facility permit issued by the
Superintendent of Public Works.
B.
Subject to the provisions of this chapter, the City may adopt rules
and procedures to carry out the purposes and provisions of this chapter.
Each applicant and telecommunications provider shall comply with such
rules and procedures.
A.
Applications for wireless facilities license agreements shall be
submitted to the City Manager in a form and manner he/she shall prescribe.
B.
The City may reject any application which is incomplete or otherwise
fails to comply with applicable laws, ordinances, resolutions, rules,
regulations and other directives of the City and any federal, state
or local authority having jurisdiction.
C.
In making any determination hereunder as to any application for a
wireless facilities license agreement, the City Council shall consider
such factors as it deems appropriate and in the public interest, provided
such factors are consistent with applicable law, including, without
limitation:
(1)
The legal, financial, technical and other appropriate qualifications
of the applicant;
(2)
The ability of the applicant to maintain the property of the City
in good condition throughout the term of the wireless facilities license
agreement;
(3)
Any services or uses of the public ROW that may be precluded by the
grant of the wireless facilities license agreement, and its adverse
impact of the efficient use and maintenance of the public ROW or utilities
at present and in the future;
(4)
The ability of the applicant to meet construction and physical requirements
and to abide by all lawful conditions, limitations, and requirements
with respect to the wireless facilities license agreement;
(5)
The adequacy of the terms and conditions of the proposed wireless
facilities license agreement to protect the public interest, consistent
with applicable law; and
(6)
Any other public interest factors or considerations that the City
has a lawful right to consider and that are deemed pertinent by the
City for safeguarding the interests of the City and the public.
D.
Consistent with applicable law, upon completion of the steps deemed
appropriate by the City Council, it may grant or deny the wireless
facilities license agreement and may specify the conditions under
which the license may be revoked.
E.
The applicant shall be responsible for all reasonable legal and consulting
fees incurred by the City in its review of the application for a wireless
facilities license agreement. The City Manager shall have the authority
to appropriate funds to cover expenditures for fees to be reimbursed
by the applicant.
A.
No person shall install a small cell facility within the public ROW without first filing a small cell facility application and obtaining a small cell facility permit from the Superintendent of Public Works upon site plan review and approval by the Planning Commission. small cell facilities on private property shall not be required to comply with this chapter; they shall be deemed antennas and comply with Chapter 240 entitled, "Zoning," of the Code of the City of Corning.
B.
Applications for small cell facility permits in the public ROW shall
be submitted to the Superintendent of Public Works in a form and manner
he/she shall prescribe.
C.
The City may reject any application which is incomplete or otherwise
fails to comply with applicable laws, ordinances, resolutions, rules,
regulations and other directives of the City and any federal, state
or local authority having jurisdiction.
D.
No person shall install a small cell facility within the public ROW
that will obstruct City operations, or pedestrian or vehicular traffic.
E.
The Planning Commission may issue site plan approval for a small
cell facility permit within the public ROW for the following:
F.
The applicant shall be responsible for paying the City the following
small cell facility permit fees, which may be from time to time updated
by the City Council consistent with FCC regulations.
(1)
The application fee for a small cell facility permit shall be $500
per application for up to five small cell facilities with an additional
$100 fee per small cell facility beyond the five facilities.
(2)
The application fee for placement of a new pole shall be $1,000 per
pole.
(3)
The right-of-way access fee for continued location of small cell
facilities shall be $270 per small cell facility per year.
G.
Fee start date. The annual permit fee shall be payable January 1
of the year following installation.
H.
A wireless telecommunications provider is authorized, after 30 days'
written notice to the Superintendent of Public Works, to remove its
facility at any time from the public ROW and cease paying the City
the administrative fee.
I.
The applicant shall be responsible for all reasonable legal and consulting
fees incurred by the City in its review of the application for a small
cell facility permit. The City Manager shall have the authority to
appropriate funds to cover expenditures for fees to be reimbursed
by the applicant.
J.
Installation of small cell facilities shall be completed within 12
months of the issuance of a small cell facility permit.
A.
Within 10 days of receipt of an incomplete application for a small
cell facility permit, the City shall notify the applicant in writing
of any supplemental information required to complete the application.
Upon receipt of an applicant's supplemental information in response
to the initial notification of incompleteness by the City, the applicable
time frame for approval will reset to zero, and the City shall have
the full 60 days or 90 days permitted by law to act on the completed
application.
B.
Within 45 days of receipt of a complete application for the co-location
of a small cell facility on a preexisting pole, the Planning Commission
shall make a final decision on whether to provide site plan approval
and shall notify the applicant in writing of such decision with a
copy to the Superintendent of Public Works. Upon site plan approval,
the Superintendent of Public Works may issue the small cell facility
permit within 15 days of the Planning Commission's determination.
C.
Within 75 days of receipt of a complete application for a small cell
facility on a new utility pole, the Planning Commission shall make
a final decision on whether to approve the site plan and shall notify
the applicant in writing of such decision with a copy to the Superintendent
of Public Works. Upon approval, the Superintendent of Public Works
may issue the small cell facility permit within 15 days of the Planning
Commission's determination.
The Planning Commission shall consider the requirements as to
aesthetics and historic impact mitigation for small cell facility
permits.
A.
The City's aesthetic standards for small cell facilities are:
(1)
The Planning Commission shall consider impacts to sight lines and
aesthetic views.
(2)
Small cell facilities shall include stealth technology designs, unless
the Planning Commission makes a written determination that such designs
are not feasible.
(3)
The Planning Commission may consider alternative locations for equipment.
(4)
Up to three small cell facilities will be allowed per utility pole
if feasible and if in the determination of the Planning Commission
there are no safety, limitation of future City utility or operational
uses or aesthetic impact.
(5)
No small cell facility placement shall be allowed on decorative poles,
or other poles that are part of the design standards of the surrounding
streetscape unless, in the determination of the Planning Commission,
the proposed design can sufficiently camouflage the small cell facility
from any aesthetic impact.
(6)
Small cell facilities shall not be allowed on public bridges.
(7)
Unless otherwise required for compliance with Federal Aviation Administration
(FAA) or Federal Communications Commission (FCC) regulations, the
small cell facilities shall not include any permanently installed
lights.
(8)
All equipment shall be colored or painted to match pole aesthetics.
B.
Additional standards for small cell facilities within National Register-listed
historic districts, adjacent to individual National Register-listed
properties, or adjacent to local designated historic landmarks are:
(1)
Small cell facilities shall employ screening, concealment, camouflage,
or other stealth techniques to minimize visual impacts.
(2)
The design of small cell facilities must be integrated with existing
buildings, structures and landscaping, including considerations of
height, color, style, placement, design and shape.
B.
On an annual basis, the telecommunications provider shall provide
a list of existing small cell facility locations within the City's
rights-of-way to the Superintendent of Public Works.
C.
The City will be able to test any facilities to ensure radiofrequency
radiation levels are below FCC limits or require the telecommunications
provider to do so and will require the provider shut off any that
are found to be noncompliant.
D.
Within 90 days following written notice from the City, the telecommunications
provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any small cell facilities or related poles within the public ROW
whenever the City has determined that such removal, relocation, change
or alteration is necessary for the construction, repair, maintenance,
or installation of any City improvement in or upon, or the operations
of, the City.
E.
Upon nonoperation of a small cell facility within the public ROW,
the telecommunications provider shall notify the City within 90 days.
Following receipt of such notice, the City may direct the wireless
provider to remove all or any portion of the small cell facility,
or related pole.
A.
The telecommunications provider, or its contractor, shall restore,
repair and/or replace any portion of the public ROW that is damaged
or disturbed by the provider's small cell facilities or poles
or work in, or adjacent to, the public ROW.
B.
If the telecommunications provider fails to timely restore, repair
or replace the public ROW as required in this subsection, the City
or its contractor are hereby authorized and may do so, and the telecommunications
provider shall pay the City's costs and expenses in completing
the restoration, repair or replacement.
A.
Violations of any of the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each day's continuance of a violation after
notice shall be deemed a separate and distinct violation and punishable
accordingly.
B.
Any person in violation of this chapter shall be required to remove
unpermitted equipment and restore the public ROW. This civil remedy
shall be in addition to, and not in lieu of, any criminal prosecution
and penalty.
