[HISTORY: Adopted by the City Council of the City of Chicopee
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
The Americans with Disabilities Act, as amended, and the
regulations promulgated thereunder.
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.
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.
Any person who submits an application and is or is acting
on behalf of a wireless services provider or wireless infrastructure
provider.
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.
Either multiple separate applications filed at the same time
each for one or more sites or a single application covering multiple
sites.
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).
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.
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:
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
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.
The Federal Communications Commission of the United States.
A one-time charge paid to the City by the applicant with
the application.
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.
A federal, Massachusetts, or local statute, regulation, ordinance,
order, policy, or rule.
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.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization.
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.
A recurring charge paid by the applicant to the City.
The area on, below, or above a public or private roadway,
highway, street, public sidewalk, or alley dedicated for compatible
use.
Facilities that meet each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas as defined in 47 CFR 1.1320(d); 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 [as defined in the definition of antenna in 47 CFR
1.1320(d)], is no more than three cubic feet in volume;
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;
The facilities do not require antenna structure registration
under part 17 of this chapter[1];
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
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).
A pole or similar structure that is used in whole or in part
for electric distribution, lighting, traffic control, communications,
or a similar function.
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.
[1]
Editor's Note: See 47 CFR Part 17.
A.
Only small wireless facilities are permitted to be installed within
a state or City right-of-way on new or existing utility poles (with
permission from the pole owner) or wireless support structures. All
small wireless facilities eligible for a special permit under this
chapter shall not exceed the size dimensions for small wireless facilities
as defined herein, and shall be, where possible, designed as concealed
facilities and shall be subject to applicable development standards
and procedures as required by local, state and federal laws and the
terms and conditions of CEL, in cases involving utility poles owned
by CEL.
B.
New utility poles or wireless support structures shall be designed
to match the design parameters established by the SPGA by regulation
or, in the absence of such design guidance, match the size, girth
and design of any existing utility poles or other vertical structures
located in the surrounding area.
C.
The applicant shall include with its application sufficient evidence,
consistent with industry standards, to justify its requested placement.
D.
Small wireless facilities must be placed in a right-of-way with residential
or commercial uses on the opposite side of the right-of-way from such
uses whenever possible. All small wireless facilities shall be located
in such a way that they do not interfere with views from residential
structures.
E.
All small wireless facilities shall be located so as to minimize
adverse visual effects on the landscape.
F.
All small wireless facilities, either independently sited or mounted
on or to existing buildings and structures, shall be camouflaged.
G.
When a small wireless facility extends above the roof height of a
building on which it is mounted, every effort shall be made to conceal
every component within or behind existing architectural features to
limit its visibility from public view.
H.
All small wireless facility components mounted on a roof shall be
stepped back from the front facade in order to limit its impact on
the building silhouette and the public view.
I.
The Chicopee City Council shall determine if sufficient area exists
immediate to the proposed small wireless facility so that landscape
improvements would be aesthetically beneficial it shall request a
landscape plan from the applicant. Said plan will seek to screen or
buffer the public view of the proposed small wireless facility.
J.
Any small wireless facility shall be painted so as to visually blend
into nearby vegetation or a light gray or light blue hue that blends
with sky and clouds.
A.
Each application must include the following:
(1)
The application fee to the City for nonelectric utility pole attachments.
(2)
A completed application cover sheet on the form available from the
Chicopee Planning Department.
(3)
The applicant's name, address, telephone number and email address.
(4)
The names, addresses, telephone numbers, and email addresses of anyone
acting on behalf of the applicant with respect to the application.
(5)
Detailed construction drawings and descriptions of the small wireless
facility to be installed, whether mounted on poles or on the ground,
or otherwise, including:
(a)
Type of equipment.
(b)
Specifications of equipment (including but not limited to dimensions
and weight).
(c)
Equipment mount type and material.
(d)
Power source or sources for equipment, including necessary wires,
cables, and conduit.
(e)
Expected life of equipment.
(i)
Rendering and elevation of equipment.
(6)
Detailed map with locations of the poles or other facility on which
equipment is to be located, including specific pole identification
number, if applicable, and the areas it will service.
(7)
Detailed map showing existing and proposed small wireless facility
installations within 500 feet of the application site.
(8)
Certification by a registered professional engineer that the pole/or
location will safely support the proposed equipment.
(9)
Proof of written consent of the pole or facility owner to the small
wireless facility installation and attachment, such as copy of the
agreement with such owner.
(10)
Affidavit from a radio frequency engineer outlining the network/network
service requirements in Chicopee and how the small wireless facility
installation(s) address(es) that need. Such affidavit should characterize
the current level of coverage and how the desired installations will
change the current level of coverage, through or with coverage maps,
including current and proposed coverage, including a breakdown of
excellent, good and poor reception areas.
(11)
Insurance certificate.
(13)
Description of efforts to collocate the equipment on existing
structures, poles, or towers which currently exist or are under construction.
A good faith effort to collocate is required, and evidence of such
efforts must be included within the application.
(14)
An affidavit from the applicant which certifies that it will
maintain the installations in good repair and according to FCC standards,
and will remove any installation not in such good repair, or not in
use, within 60 days of being no longer in good repair or no longer
in use.
B.
Submission requirements.
(1)
No applications will be accepted by email. Applications delivered
other than by hand will be deemed filed when they are received by
the Chicopee Planning Department.
(2)
All submitted drawings require a wet stamp or wet signature from
the design professional.
(3)
The applicant must pay for legal notices of the public hearing to
local newspapers and abutters, as applicable. The applicant is responsible
for submitting the abutters list for each location with the application.
(4)
Twelve hard copies of the application and one electronic copy of
the application must be submitted to the Chicopee City Council.
C.
Action upon receipt.
(1)
Upon receipt, the Planning Director shall: 1) date and time stamp
the application as received; and 2) make a determination as to completeness
of the application and notify the applicant, in writing, within 10
days, if the application is incomplete. If the applicant is notified
that the application is incomplete, the time periods set forth in
this chapter shall be tolled until such time as a complete application
has been submitted.
(2)
The Planning Department shall circulate a copy of the application
to the following departments for comment and review: Building; DPW;
City Council; Engineering; Health, Chicopee Electric Light; and any
other department the Planning Director, in his or her sole discretion,
determines.
(3)
Written comments from the departments shall be submitted to the Planning
Department within 20 days of circulation of the application.
(4)
Once the application is deemed complete, and all comments have been
received, the Planning Board will forward the same to the Chicopee
City Council who shall schedule and hold a public hearing to consider
the application.
D.
Any material changes to an application, as determined by the SPGA
in its sole discretion, shall constitute a new application for the
purposes of the time standards. Where a changed or new application
is submitted, the prior application shall be deemed withdrawn.
E.
Approval process.
(1)
The Chicopee City Council shall be the special permit granting authority
(SPGA).
(2)
No work relating to a small wireless facility shall be performed
without a special permit(s) from the Chicopee City Council and a building
permit from the Chicopee Building Inspector. Prior to submittal of
a special permit application for a small wireless facility, the applicant
shall obtain and submit all permits, licenses, and authorizations
that are required for the installation and operation of the small
wireless facility from other departments within the SPGA and persons
other than the SPGA, including but not limited to private property
owners, utilities such as Chicopee Electric Light and other governmental
entities. An application that has not obtained all other necessary
permits shall be deemed incomplete.
(3)
The SPGA will review a small wireless facility special permit application
and provide a determination of whether it is complete to the applicant
in writing within 10 days from its submission date.
(4)
The SPGA shall approve or deny an application within the time frame
required by law, subject to extension by mutual agreement of the parties.
(5)
The applicant is allowed to file a batched application for no more
than 10 separate small wireless facilities.
(6)
The SPGA may remove a small wireless facility from a batched application
and treat separately small wireless facility locations for which incomplete
information has been provided or that are denied. The SPGA will issue
a separate permit for each location that is approved.
(7)
Upon completion of the hearing, the SPGA may grant, grant with conditions,
or deny the application, based on inadequate capacity of a City utility
pole or mounting structure, safety concerns, reliability concerns,
aesthetic standards or failure to meet applicable law or engineering
standards.
(8)
Any approval granted to an applicant shall be only for the specific
applicant and application.
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.
A.
Applicants for small wireless facilities shall certify through a
qualified radio frequency (RF) engineer in their application that
operation of the small wireless facilities, including under maximum
licensed operating parameters, will not cause interference with the
frequencies used by the City, commonwealth or any other public safety
agency for public safety communications and shall further provide
a list of radio frequencies the applicant will use at that location,
which list shall be updated as needed. The applicant shall provide
evidence of the certifying engineer's qualifications to make
such certification.
B.
Small wireless facilities shall be of the type and frequency that
will not cause unacceptable interference with the City's and
any other public safety agency's communications equipment; unacceptable
interference will be determined by and measured by the City in accordance
with industry standards and the FCC's regulations addressing
unacceptable interference to public safety spectrum or any other spectrum
licensed by the City or any other public safety agency. If a small
wireless facility causes such interference, and the wireless services
provider has been given written notice of the interference by the
City or any other public safety agency, the owner or operator of such
small wireless facility, at its own expense, shall take all reasonable
steps necessary to correct and eliminate the interference, including,
but not limited to, powering down the small wireless facility and
later powering up the small wireless facility for intermittent testing,
if necessary. The SPGA may terminate a permit for a small wireless
facility based on such interference if the owner/operator is not making
a good faith effort to remedy the problem in a manner consistent with
the abatement and resolution procedures for interference with public
safety spectrum established by the FCC including 47 CFR 22.970 through
47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
C.
Any permit issued by the SPGA for a small wireless facility shall
be subject to final testing for frequency and power output levels
by the SPGA to determine whether the small wireless facility creates
unacceptable interference to any public safety system. At the reasonable
request of the SPGA, the small wireless facility provider shall engage
the small wireless facility at maximum operating parameters for such
period as required for the SPGA to conduct its testing for interference.
Such testing shall be at the expense of the SPGA but shall be reimbursed
by the applicant if the testing reveals unacceptable interference.
D.
The owner/operator of a small wireless facility shall provide the
City's Fire Chief a 24 hours/seven days a week (24/7) emergency
contact list of not fewer than two persons responsible for the operation
of the small wireless facility, including name, mobile/cellular phone
and email address. The applicant shall update this list thereafter
as necessary. If the contact list is not current, and no person can
be reached during such circumstance, the City reserves the right to
take whatever reasonable immediate action necessary to mitigate the
emergency until such time as a responsible person for the small wireless
facility is contacted. The City shall have no financial responsibility
to the owner or operator of the small wireless facility or any service
provider utilizing such small wireless facility arising from such
actions.
A.
An application for small wireless facilities shall be accompanied
by the following fees payable to the City for nonelectric utility
pole attachments:
B.
There is no application fee due for (i) routine maintenance of small
wireless facilities; or (ii) the replacement of small wireless facilities
with small wireless facilities that are substantially similar, the
same size, or smaller than the original, provided that the owner/operator
notifies the SPGA at least 10 days prior to the planned replacement
and includes equipment specifications for the replacement of equipment
consistent with the requirements of this chapter and application regulations.
However, the applicant shall obtain any and all other permits and
approvals, including but not limited to the permit(s) to work within
rights-of-way for such activities that affect traffic patterns or
require lane closures.
C.
The SPGA reserves the right to require, in its sole discretion, a supplemental review by independent experts for any application for a small wireless facility under this chapter where the complexity of the analysis requires technical expertise, and/or for any request to vary a standard under this chapter. All the costs of such review shall be borne by the applicant, in addition to scheduled fees, pursuant to the provisions of MGL c. 44, § 53G, and SPGA Ordinance Ch. VIII, Chapter 5.
D.
Whether based on the results of the supplemental review or the SPGA's
own review, the SPGA may require changes to or supplementation of
the applicant's submittal(s). The supplemental review may address
any or all of the following:
(1)
The accuracy and completeness of the application and any accompanying
documentation;
(2)
The applicability of analysis techniques and methodologies;
(3)
The validity of certifications provided and conclusions reached;
and/or
(4)
Whether the proposed small wireless facility complies with the applicable
approval criteria and standards of this chapter, and other applicable
law.
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.
A.
Nothing in this chapter authorizes a party to locate small wireless
facilities on:
(1)
Property owned by a private party, property that is not located within
the rights-of-way, or a privately owned utility pole or wireless support
structure within a right-of-way without the consent of the property
owner.
(2)
Property owned, leased, or controlled by any department or agency
of the City used for public park, recreation or conservation purposes
without the consent of the affected department or agency, excluding
the placement of facilities on rights-of-way located in an affected
department or agency's property; or
(3)
Property owned by a rail carrier registered under federal law, MBTA
Commuter Rail or any other public commuter rail service, or a utility,
without the consent of the rail carrier, public commuter rail service,
or utility.
B.
Duration of special permit. Special permits issued under this Chapter 277 expire within one year of issuance, unless the Chicopee City Council issues a certificate of renewal of the special permit. The certificate shall be issued after the equipment owner submits an affidavit which shall list, by location, all small wireless facilities it owns within the City of Chicopee and shall certify: 1) each such installation remains in use; 2) each such installation remains covered by insurance; and 3) each such installation remains unchanged in dimension and RF frequency from the year before.
C.
Any small wireless facilities that is abandoned shall be removed
by the owner within 60 days of abandonment at the owner's expense.
Failure to do so will cause the Chicopee City Council to refuse to
issue a certificate of renewal to the equipment owner.
