[Adopted 12-17-2019 by Ord. No. 19-69]
The City finds that it is necessary and beneficial for the health,
safety, and welfare of the community to regulate the development of
small wireless facilities (SWF) while accommodating the communication
needs of residents, businesses, and industries. SWFs shall be so designed
and installed so as to minimize adverse visual effects through careful
design and siting with an intent to preserve property values and the
aesthetic character of Chicopee. To that end, this chapter seeks to
maximize the use of existing towers, poles, and buildings to accommodate
new SWF. This chapter applies to the placement and operation of small
wireless facilities within the public rights-of-way, private rights-of-way,
public and private property without regard to the type or owner of
any structure to which they are affixed or attached. The requirements
of this chapter are in addition to all other applicable federal, state,
and local laws.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
Cessation of all uses of an SWF for a period of 180 consecutive
days or more. Where a wireless infrastructure provider has applied
to place utility poles in the public right-of-way to support the collocation
of small wireless facilities, and such collocation is not used by
a wireless services provider to provide service within nine months
after the date the application is approved, same shall be deemed abandoned.
ADA
The Americans with Disabilities Act, as amended, and the
regulations promulgated thereunder.
ANTENNA
Apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operated from a fixed location for
the transmission of writing, signs, signals, data, images, pictures,
and sounds of all kinds, including the transmitting device and any
on-site equipment, switches, wiring, cabling, power sources, shelters,
or cabinets associated with that antenna and added to a tower, structure,
or building as part of the original installation of the antenna.
APPLICABLE CODES
Massachusetts Building, Plumbing and Electrical Code, uniform
building, fire, electrical, plumbing, or mechanical codes adopted
by a recognized national code organization or local amendments to
those codes, and the National Electric Code, National Electric Safety
Code, and the rules, regulations and provisions of the Federal Communications
Commission, the Occupational Safety and Health Administration, and
any other state or federal agency regulating wireless communications.
APPLICANT
Any person who submits an application and is or is acting
on behalf of a wireless services provider or wireless infrastructure
provider.
APPLICATION
A written special permit application form submitted by an
applicant to the Chicopee City Council, to install or operate a small
wireless facility within any right-of-way or in or on any building
or structure, including a request for a permit to collocate small
wireless facilities on an existing pole or wireless support structure;
or a written request for installation of a new pole or wireless support
structure for a new small wireless facility, as well as all required
exhibits and submittals as required by the application form and the
applicable fee for the review of such application.
BATCHED APPLICATION
Either multiple separate applications filed at the same time
each for one or more sites or a single application covering multiple
sites.
CITY UTILITY POLE
A utility pole owned by the City in the public right-of-way
or a pole on City property but excluding utility poles owned by Chicopee
Electric Light (CEL).
COLLOCATE or COLLOCATION
To install, mount, maintain, modify, operate, or replace
an antenna on an existing tower, building, or structure for the purpose
of transmitting or receiving radio frequency signals for communications
purposes, whether or not there is an existing antenna on the structure.
CONCEALED FACILITY
A wireless facility that is not readily identifiable as a
wireless facility and that is designed to be aesthetically compatible
with existing and proposed building(s) and uses on a site or in the
neighborhood or area. A concealed facility may have a secondary function.
There are two types of concealed facilities:
A.
BASE STATIONSIncluding but not limited to faux panels, parapets, windows, dormers or other architectural features that blend with an existing or proposed building or structure; and
B.
CONCEALED TOWERA tower designed to resemble another structure that is common in the geographic region such as a traditional or decorative light standard or traffic signal or utility pole consistent in size with the height and girth of existing structures in the area.
FCC
The Federal Communications Commission of the United States.
FEE
A one-time charge paid to the City by the applicant with
the application.
INTERFERENCE
The effect of unwanted energy due to one or a combination
of emissions, radiations, or inductions upon reception in a radio
communication system, manifested by any performance degradation, misinterpretation,
or loss of information which could be extracted in the absence of
such unwanted energy.
LAW
A federal, Massachusetts, or local statute, regulation, ordinance,
order, policy, or rule.
PERMIT
A written authorization that must be obtained by the applicant
from the SPGA to perform an action or initiate, continue, or complete
installation of a small wireless facility.
PERSON
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization.
PUBLIC SAFETY AGENCY
The functional division of the federal government, the Commonwealth
of Massachusetts, the City, any other unit of state or local government,
or a special purpose district located in whole or in part within this
commonwealth, that provides or has authority to provide firefighting,
police, ambulance, medical, or other emergency services to respond
to and manage emergency incidents.
RATE
A recurring charge paid by the applicant to the City.
RIGHT-OF-WAY
The area on, below, or above a public or private roadway,
highway, street, public sidewalk, or alley dedicated for compatible
use.
SMALL WIRELESS FACILITY
Facilities that meet each of the following conditions:
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height including
their antennas as defined in 47 CFR 1.1320(d); or
(2)
Are mounted on structures no more than 10% taller than other
adjacent structures; or
(3)
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;
B.
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of antenna in 47 CFR
1.1320(d)], is no more than three cubic feet in volume;
C.
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;
D.
The facilities do not require antenna structure registration
under part 17 of this chapter;
E.
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
F.
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
UTILITY POLE
A pole or similar structure that is used in whole or in part
for electric distribution, lighting, traffic control, communications,
or a similar function.
WIRELESS SUPPORT STRUCTURE
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 small wireless
facilities. "Wireless support structure" does not include a utility
pole.
Applicants for small wireless facilities shall submit all information
and material as detailed within this chapter as part of a special
permit application.
Any application proposing the installation of small wireless
facilities within the City's historic district shall comply with
the following requirements in addition to those generally applicable
as required by the Historic Districts Commission:
A. Concealment techniques shall be designed to be consistent and harmonious
with the nature and character of the historic district, including
color, shape and size of proposed equipment.
B. New utility poles or wireless support structures shall be designed
to match the size, girth, and design of any existing utility poles
or other vertical structures located in the historic district right-of-way,
i.e., decorative light poles.
C. A certificate of appropriateness, certificate of hardship, or certificate
of nonapplicability must be obtained by the applicant before any application
will be accepted by the Chicopee City Council.
D. This section shall not be construed to limit the City's enforcement
of historic preservation in conformance with the requirements adopted
pursuant to MGL c. 9, §§ 26 through 27C, c. 40C, or
the National Historic Preservation Act of 1966, 54 U.S.C. § 300101,
et seq., and the regulations adopted to implement those laws.
An applicant who places a small wireless facility on a City
nonelectric utility pole or any other structure within a right-of-way
or upon any City property in accordance with this chapter shall execute
a license agreement with the City and pay to the City an annual recurring
rate of $270 per year per facility, or any such higher rate permitted
under FCC rules or federal law and as set forth in the license agreement,
for the use of such utility pole, or structure.
Each permit issued by the City Council and each license agreement
for small wireless facilities shall be made upon the condition that
the applicant agrees to the following conditions:
A. Indemnification. To the fullest extent allowed by law, both the wireless
infrastructure provider and services provider (for this subsection,
collectively referred to as "provider") constructing, installing,
operating, repairing, maintaining and using a small wireless facility
shall indemnify, defend and hold harmless the City, and its officials,
agents, and employees from and against all suits, actions or claims
of any character brought because of any injury or damage received
or sustained by any person, persons or property arising out of, or
resulting from, said provider's breach of any provision of law,
or any asserted negligent act, error or omission of the provider,
or its agents or employees, arising from or relating to its small
wireless facility. The indemnifications required hereunder shall not
be limited by reason of the specification of any particular insurance
coverage for any permit. The provider's obligations under this
provision shall not terminate with the expiration or termination of
its permit, but shall survive it.