[HISTORY: Adopted by the Board of Trustees of the Village
of East Syracuse as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-3-2020 by L.L.
No. 2-2020]
Purpose and intent:
A.
Purpose. The purpose of this chapter is to regulate the placement
of certain wireless communication facilities in the Village. 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 Village shall consider when reviewing an
application:
(1)
The location of the ground-mounted communication facilities;
(2)
The location of a wireless facility on a pole or other device;
(3)
The appearance and concealment of communication facilities, including
those relating to materials used for arranging, screening and landscaping;
(4)
The design and appearance of a wireless support structure including
any height requirements adopted in accordance with this chapter.
(5)
This chapter applies to the public ROW but does not restrict the
Village's right to regulate communication facilities on non-Village
owned property or outside of the public ROW under the same terms and
conditions set forth herein.
B.
Intent. In enacting this chapter, the Village 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 Village.
As used in this article, the following terms shall have the
meanings indicated:
Ministerial review of an application by the Village 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 and
the Design Standards and General Guidelines for Small Cell Wireless
Telecommunication Facilities adopted by the Board contemporaneously
herewith.
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 Village.
Any person who submits an application under this chapter.
A written request, on a form provided by the Village, for
a permit.
The Village of East Syracuse 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.A. § 522(6);
information service or broadband, as defined in 47 U.S.C.A. § 153(24);
or telecommunications service, as defined in 47 U.S.C.A. § 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 Village 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),[1] as that section may be amended from time to time.
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 hard copy 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 Village 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 Village.
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
the Village's use, or where the proposed use by the provider
is inconsistent with the terms of any easement granted to the Village.
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 Village
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, 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 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: 47 CFR 1.40001 was redesignated as 47 CFR § 1.6100
by 83 FR 51886. See now 47 CFR 1.6100(3).
Access to public ROW:
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 Village, which
shall be filed with the Onondaga County Clerk's Office, expressly
authorizing use of the public right-of-way for the communications
facility, pole or tower proposed to be installed pursuant to the adopted
Village Design Standards and General Guidelines.
(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 Village 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 Village 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 Village's poles, towers, support
structures, or other structures in the public ROW. All use of Village
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
and in compliance with the Village Design Standards and General Guidelines
for Small Cell Wireless Telecommunication Facilities.
(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 Village shall be named an additional insured on each policy
on a primary, noncontributory basis. The provider shall provide the
Village with proof of such insurance in a form acceptable to legal
counsel for the Village. Each insurance policy shall contain an endorsement
obligating the insurance company to furnish the Village 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 Village.
(g)
The Village 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 Village.
(h)
The provider shall provide proof to the Village 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 Village 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 Village, 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 Village 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 Village expressly authorizing use of the public ROW for the communications
facilities, poles or towers proposed in the application, all applicable
fees have been paid and the work requested conforms to the Village's
design standards and general guidelines for small cell wireless telecommunications
facilities.
(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 Village, 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 this chapter.
[3]
Unless otherwise agreed to in writing by the Village 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 Village may, in its sole discretion, approve
aboveground placement of equipment cabinets, pedestals and similar
equipment, pursuant to this chapter. For facilities or equipment such
as wireless facilities that cannot, by their nature, operate unless
located above-ground, the provider and Village 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 this chapter and all other applicable
laws, including the design standards and general guidelines for small
cell wireless telecommunications facilities.
(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 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 Village or its contractor
may do so and the provider shall pay the Village'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 Village, 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 Village has determined, in its sole
discretion, that such removal, relocation, change or alteration is
necessary for the construction, repair, maintenance, or installation
of any Village improvement, the operations of the Village in, under
or upon the public ROW, or otherwise is in the public interest. The
provider shall be responsible to the Village 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 Village retains the right and privilege to cut or move any
communications facility, pole, support structure or tower located
within the public ROW, as the Village may determine, in its sole discretion,
to be necessary, appropriate or useful in response to any public emergency.
If circumstances permit, the Village 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 Village 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 Village 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 Village 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 Village 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 Village.
[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 Village 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 Village incurs arising from the delay.
(f)
As-builts and maps. Maps showing the location of equipment in
ROW and as-builts after construction shall be provided to the Village
within 30 days after completion of construction, in conformance to
the requirements of the Engineer for the Village.
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 application 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 Village 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 Village $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 if the small wireless facilities will be attached to property
(either real or personal) owned by the Village. 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 Village 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 Village-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 Village, and may cease paying to the Village
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 Village, 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
Village 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 e-mail
address, including emergency contact information for the applicant.
(2)
The names, addresses, telephone numbers, and e-mail 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,
applicant may designate portions of its application materials that
it reasonably believes contains proprietary or confidential information
as "proprietary" or "confidential" by clearly marking each portion
of such materials accordingly, and the Village shall treat the information
as proprietary and confidential, subject to the requirements of the
New York State Freedom of Information law and the Village'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 Village, in writing,
at least 48 hours before performing the ordinary maintenance and repair.
E.
Material changes. The Village may require payment of an additional
permit application fee in the event the Village 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 Village, any material changes to an application,
as determined by the Village in its sole discretion, shall be considered
a new application for purposes of the time limits set forth herein
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 this law.
G.
Effect of permit. A permit from the Village 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 Village. 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 chapter. All such uses shall be in accordance
with all other applicable provisions of this chapter, including, without
limitation, those set forth 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 herein 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 herein, 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) in this 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 Village 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 this chapter and this section,
the Village shall issue the permit, subject to the design standards
and general guidelines for small cell wireless telecommunications
facilities, set forth in this chapter.
(2)
Except as otherwise provided by applicable laws, the Village 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 Village 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 Village'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 Village
does not notify the applicant that the application or resubmitted
application is incomplete).
(3)
The Village 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 this chapter only if the following requirements are met:
D.
The Village's design standards and general guidelines for small
cell wireless telecommunications facilities. Standards for installation
of facilities and poles built for the sole or primary purpose of supporting
communications facilities, or towers shall be adopted by the Village
Board and shall be published on the official Village website and made
available to all applicants at their request or upon submission of
an application. The design standards and general guidelines for small
cell wireless telecommunications facilities must be strictly adhered
to and shall constitute a condition precedent to the granting of any
permitting pursuant to the article. The design standards shall be
subject to change upon a majority vote of the Village Board.
All other uses within the public ROW not expressly set forth
or referenced shall require compliance with, and issuance of, a site
plan approval pursuant to the Village 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:
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 Village 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 Village.
(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 locates. Before beginning any excavation in the public ROW,
the permittee shall comply with Dig Safely New York, Inc.
B.
Compliance with permit.
(1)
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications. The Village
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 Village may stop work in order to ensure 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 Village as-builts,
in a format designated by the Village 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 Village has determined, in its sole discretion as part of the
administrative review process, that each of the following conditions
has been met:
A.
Compliance. All communications facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the Village of East Syracuse Code,
the design standards and general guidelines for small cell wireless
telecommunications facilities and any other applicable local, state,
and federal rules and regulations.
B.
Underground utilities. All service lines to the proposed communications
facility shall be underground if all other utilities in the immediate
area are also underground.
C.
Power and fiber optic supply.
(1)
Independent power source required. Communications facilities subject
to a license agreement may not use the same power source providing
power for the existing facilities original to the purpose of the support
structure, unless specifically authorized by the owner of the support
structure and approved by the Village Engineer. An independent power
source must be contained within a separate conduit on the existing
support structure.
(2)
Providers shall coordinate, establish, maintain and pay for all power
and communication connections with private utilities.
D.
Wiring, cables and conduit requirements.
(1)
All wiring and cables must be housed and fully concealed within the
steel or other metal support structure pole and extended vertically
within a flexible conduit. In nonsteel or solid support structures,
all wiring and cables must be fully concealed and appropriately protected
and covered with a material that matches the nonsteel or solid support
structure so as not to be visible from public view.
(2)
Above ground wires, cables, connections and conduits are prohibited,
except as specified in this design guideline manual based on the support
structure.
(3)
Spools and/or coils of excess fiber optic or coaxial cables or any
other wires shall not be stored on the pole except completely within
the approved enclosures or cabinets.
E.
Lighting. Lighting associated with communications facilities is prohibited,
except when incorporated into new or existing approved decorative
lighting poles and/or streetlights. Any internal lights associated
with electronic equipment must be shielded from public view.
F.
Signage. Signage is prohibited on all communications facilities and
support structures, including stickers, logos, and other nonessential
graphics and information unless required by the FCC.
G.
Work permits. All providers must obtain a work permit from the Village
for any activity described in the Code.
H.
public safety communications. Small wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by the occupants
of nearby properties.
I.
Existing support structures.
J.
Co-location encouraged. The collocation of communications facilities
on existing poles, towers and support structures is strongly encouraged
to minimize the extent of intrusion of redundant support structures
within the public ROW or on private property. An entity seeking to
place facilities in the Village shall demonstrate co-location is not
commercially, structurally and/or practically feasible.
K.
Structural integrity of existing support structures.
(1)
The Village shall not authorize any attachments to Village-owned
infrastructure, pole, tower or support structure that negatively impacts
the structural integrity of said infrastructure, pole, tower or support
structure.
(2)
The Village may condition approval of the co-location on replacement
or modification of the communications facility at the provider's
cost if the Village determines that replacement or modification is
necessary for compliance with the construction and/or safety standards
of the Village. A replacement or modification of the communications
facility shall conform to the applicable design guideline(s) and the
Village's applicable specifications for the type of structure
being replaced. The Village shall retain ownership of a replacement
support structure.
L.
Maximum permitted height. For an existing communications facility
or support structure, the antenna and any associated shroud or concealment
material which are permitted to collocate at the top of the existing
support structure shall not increase the height of the existing support
structure by more than five feet or a total of 50 feet from grade.
M.
Reserved space. The Village may reserve space for future public safety
or transportation uses in the public ROW or on a pole, tower or support
structure owned by the Village in accordance with an approved plan
in place at the time an application is filed.
(1)
A reservation of space shall not preclude placement of a pole or
the co-location of a communications facility.
(2)
If replacement of the Village's pole or support structure is
necessary to accommodate the co-location of the communications facility
and the future use, the provider shall pay for the replacement of
the pole or support structure and shall design and construct the replacement
pole or support structure in a manner that is able to accommodate
the future use.
(3)
New pole, tower or support structures.
N.
Location.
(1)
Required setbacks.
(a)
The center line of a new pole, tower or support structure shall
be installed in alignment with existing street trees and other poles
along the same public ROW whenever possible.
(b)
In no case shall a new pole, tower or support structure be located
less than what is required in the license agreement from any of the
road-way/face of curb, sidewalk, or shared use path as measured to
the nearest part of the support structure.
(c)
New poles, towers or support structures shall be located a minimum
of six feet from any permanent object, structure or existing lawful
encroachment into the public ROW, or as determined in the license
agreement.
(d)
Support structures for small wireless facilities located outside
of the public ROW shall be set back from the property line of the
lot on which it is located a distance equal to not less than the total
height of the facility, including the support structure, as measured
from the highest point of such support structure to the finished grade
elevation of the ground on which it is situated, plus 10% of such
total height. The Planning Board may reduce such setback requirements
based upon consideration of lot size, topographic conditions, adjoining
land uses, landscaping, and other forms of screening and/or structural
characteristics of the proposed support structure.
(2)
Required spacing. A minimum of 300 linear feet between poles, towers,
support structures or communication facilities is required. To the
extent feasible, any new or replacement pole, tower or support structure
constructed in the public ROW shall be located at the property line
between two residentially zoned properties and not in the direct line
of site from the front of a residential structure.
(3)
Placement of poles between property lines. When feasible, all poles
shall be installed as close to the adjoining property line as possible,
unless not feasible, to curtail impacts on primary structures.
O.
Maximum permitted height. For a new support structure in all districts,
the overall height of the pole, tower and support structure and any
collocated antennas shall not be more than 50 feet in height above
established grade measured at the base of the support structure.
P.
Design requirements.
(1)
Shape and dimensions. All new poles, towers or support structures
shall be constructed of solid hot-dipped galvanized steel and shall
be round with the pole shaft tempered in diameter from the base to
the top with a maximum of 12 inches at the base.
(2)
Aesthetics. In appropriate locations and districts, decorative poles
shall be utilized to complement the existing character of the applicable
corridor of the Village.
(3)
Transformer base. All new poles, towers or support structures shall
include a one-piece cast aluminum alloy transformer base in a breakaway
design, consistent with engineering standards subject to the Engineer
for the Village's review and approval.
(4)
Foundation/footer.
(a)
All new poles, towers or support structures shall be supported
with a reinforced concrete foundation or footer that is designed by
a professional engineer, subject to the Engineer for the Village's
review and approval.
(b)
Anchor bolts must be constructed from steel (high strength)
per ATSM A36, threaded (J-Type/L-Type), hot dip galvanized steel per
ODOT CM Item No. 711.02, and in a strength and diameter recommended
by a professional engineer, subject to the Engineer for the Village's
review and approval.
(c)
All anchor bolts must be concealed from public view with an
appropriate pole boot or cover, powder coated to match the pole, tower
or support structure.
(5)
Color. New poles, towers or support structures, including the breakaway
transformer base, shall have a powder coated finish in dark earth
tone colors such as dark green, dark brown, gray, or black, consistent
with the color of other poles, towers or support structures in the
immediate vicinity, unless other colors are approved by the Village.
(6)
Compliance with the Village design standards and general guidelines
for small cell wireless telecommunications facilities is a condition
precedent to obtaining any Village approvals.
Q.
Multiple requests. If multiple requests are received by the Village
to install two or more poles, towers or support structures that result
in the violation of the applicable spacing requirements outlined herein,
or to co-locate two or more communications facilities on the same
pole, tower or support structure, the Village may resolve conflicting
requests through whatever reasonable and nondiscriminatory manner
it deems appropriate.
R.
Alternate location. The Village reserves the right to propose an
alternate location to any proposed location of a new pole, tower or
support structure, that is within 100 feet of the proposed location
or within a distance that is equivalent, to the width of the public
ROW in or on which the new structure is proposed, whichever is greater,
which the provider shall use if it has the right to do so on reasonable
terms and conditions and the alternate location does not impose technical
limits or significant additional costs.
S.
Waiver.
(1)
A provider may seek a waiver from the Planning Board of the undergrounding
or alternative location requirements for the placement of a new pole,
tower or support structure to support communications facilities if
the provider is unable to achieve its service objective using a communications
facility under the following circumstances:
(2)
The Village shall process waivers in a reasonable and nondiscriminatory
manner that does not have the effect of prohibiting the provision
of wireless services.
T.
Antenna.
U.
Location. All antenna to be installed on new or existing poles, towers
or support structures shall be mounted flush to the top of the pole,
tower or support structure and aligned with the center line of the
pole, tower or support structure, unless otherwise agreed to by the
Village based on the specific context and characteristics of the communications
facility.
V.
Size. Each antenna shall be located entirely within an enclosure
of not more than three 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 enclosure of not more than 12 cubic feet
in volume.
W.
Design.
X.
Small wireless facilities installed on support structures.
Y.
Size. Exclusive of the antenna, all wireless equipment associated
with the communications facility shall not cumulatively exceed 28
cubic feet in volume. The calculation of equipment volume shall not
include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and
other services.
Z.
Equipment enclosures. All communications facilities mounted to poles,
towers or support structures or located on the ground shall be fully
contained within enclosures or cabinets.
AA.
Required clear height. All communications facilities mounted to a
pole, tower or support structure shall provide a minimum of 10 feet
of clear space on the pole as measured from established grade to the
lowest point of any facility/equipment cabinets or concealment apparatus
mounted to the pole, tower or support structure.
BB.
Maximum horizontal offset from support structure. Communications
facility equipment cabinets or enclosures shall not extend more than
10 inches beyond the pole, tower or support structure center line
in all directions.
CC.
Design.
(1)
Cabinet or enclosure shape. Communications facility equipment cabinets
or enclosures shall be rectangular in shape, with the vertical dimensions
being greater than the horizontal. Generally, the cabinet or enclosure
shall be no wider than the maximum diameter of the support structure.
(2)
Installation. All pole mounted equipment cabinets or enclosures must
be installed as flush to the pole as possible. Any installation brackets
connecting the cabinets or enclosure to the pole shall not extend
more than two inches from the pole and shall include metal flaps (or
wings) to fully conceal the gap between the cabinet and pole.
(3)
Color. Cabinets or enclosures shall match the color specification
of the pole, tower and/or support structure, unless other colors are
approved by the Village.
DD.
Ground-mounted small wireless facilities.
EE.
Location.
(1)
Required setbacks.
(a)
In no case shall ground mounted small wireless facilities be
located no less than required in the license agreement from the roadway/face
of curb, sidewalk, or shared use path as measured to the nearest part
of the cabinet or enclosure.
(b)
Ground-mounted communications facilities and associated required
screening or shrouding shall be located a minimum of six feet from
any permanent object or existing lawful encroachment into the public
ROW.
FF.
Size. All communications facility equipment shall not cumulatively
exceed 28 cubic feet in volume. The calculation of equipment volume
shall not include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and
other services.
GG.
Maximum permitted height. The maximum height for ground mounted communications
facilities shall not exceed 2 1/2 feet as measured from established
grade at the base of the facility.
HH.
Equipment enclosures required. All ground-mounted communications
facilities shall be fully contained within enclosures or cabinets.
II.
Design requirements.
(1)
Concealment. Ground-mounted equipment shall incorporate concealment
elements into the proposed design matching the materials of the support
structure, unless other materials are approved by the Village. Concealment
may include, but shall not be limited to, landscaping, strategic placement
in less obtrusive locations. Landscaping concealing equipment enclosures
shall be planted in such quantity and size such that 100% screening
is achieved within two years of installation. Landscaping shall be
continuously maintained but shall not result in over-growth of the
public right-of-way area and shall minimize its presence while achieving
the goal of screening.
(2)
Concrete pad or slab. In accordance with state and local standards
approved by the Code Enforcement Officer.
(3)
Breakaway design. All objects placed within the public ROW shall
feature breakaway design.
(4)
Color. Ground-mounted communication facility cabinets and enclosures
shall have a powder-coated finish in dark earth tone colors such as
dark green, dark brown, gray, or black, unless other colors are approved
by the Village.
JJ.
Construction and safety requirements.
KK.
Approval of the collocation, replacement or modification of a pole,
tower or support structure is conditioned upon the provider's
assumption of costs if the Village determines such is necessary for
compliance with its written construction or safety standards.
LL.
Prevention of failures and accidents. Any provider who owns a communications
facility sited in the public ROW or upon Village-owned property shall
at all times employ ordinary and reasonable care and shall install,
maintain and use nothing less than the best available technology for
preventing failures and accidents which are likely to cause damage,
injury, or nuisance to the public.
MM.
Compliance with fire safety and FCC regulations. Communications facilities,
wires, cables, fixtures, and other equipment shall be installed and
maintained in compliance with the requirements of the National Electric
Code, all FCC, state, and local regulations, and in such manner that
will not interfere with the use of other property, public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
NN.
Wind and ice. All communications facilities shall be designed to
withstand the effects of wind gusts and ice to the standard designed
by ANSI, as prepared by the engineering departments of the Electronics
Industry Association, and Telecommunications Industry Association
(ANSI/EIA/TIA-222, as amended).
OO.
Surety bond or equivalent financial tool for cost of removal. All
providers shall procure and provide to the Village a renewable bond,
or shall provide proof of an equivalent financial mechanism, which
may include a funds set-aside and a letter of credit, to ensure compliance
with all provisions of these standards and guidelines. The renewable
bond or equivalent financial method shall cover the cost to remove
unused or abandoned small wireless facilities or damage to Village
property caused by a provider or its agent for each communications
facility which the provider installs in the public ROW or upon Village-owned
property.
PP.
Indemnify and hold the Village harmless. Any provider who owns or
operates a communications facility or a pole, tower or support structure
in the public ROW or upon Village-owned property shall, to the fullest
extent permitted by law, indemnify, protect, defend, and hold the
Village and its elected officials, officers, employees, agents, and
volunteers harmless from any and all penalties, damages, costs, or
charges arising out of any and all claims, suits, demands, causes
of action, or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of, or are caused by, the placement, construction, erection,
modification, location, product performance, use, operation, maintenance,
repair, installation, replacement, removal, or restoration of said
facility. With respect to the penalties, damages or charges referenced
herein, reasonable attorneys' fee, consultants' fees and
expert witness fees are included in those costs that are recoverable
by the Village.
QQ.
Said provider shall also hold the Village and/or its agent(s) harmless
in the event any action by the Village and/or its agent(s) negligently
or recklessly disrupts, destroys, and/or incapacitates the small cell
facility or wireless support structure situated in the public ROW
or Village-owned property in accordance with these design guidelines
and standards.
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.
This article shall take effect upon the filing with the Secretary
of State.
[Adopted 2-3-2020 by L.L.
No. 3-2020]
A.
Compliance. All communications facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the Village of East Syracuse Code,
and any other applicable local, state, and federal rules and regulations.
B.
Underground utilities. All service lines to the proposed communications
facility shall be underground if all other utilities in the immediate
area are also underground.
C.
Power and fiber optic supply.
(1)
Independent power source required. Communications facilities subject
to a license agreement may not use the same power source providing
power for the existing facilities original to the purpose of the support
structure, unless specifically authorized by the owner of the support
structure and approved by the Village Engineer. An independent power
source must be contained within a separate conduit on the existing
support structure.
(2)
Providers shall coordinate, establish, maintain and pay for all power
and communication connections with private utilities.
D.
Wiring, cables and conduit requirements.
(1)
All wiring and cables must be housed and fully concealed within the
steel or other metal support structure pole and extended vertically
within a flexible conduit. In non-steel or solid support structures,
all wiring and cables must be fully concealed and appropriately protected
and covered with a material that matches the nonsteel or solid support
structure so as not to be visible from public view.
(2)
Above ground wires, cables, connections and conduits are prohibited,
except as specified in this design guideline manual based on the support
structure.
(3)
Spools and/or coils of excess fiber optic or coaxial cables or any
other wires shall not be stored on the pole except completely within
the approved enclosures or cabinets.
E.
Lighting. Lighting associated with communications facilities is prohibited,
except when incorporated into new or existing approved decorative
lighting poles and/or streetlights. Any internal lights associated
with electronic equipment must be shielded from public view.
F.
Signage. Signage is prohibited on all communications facilities and
support structures, including stickers, logos, and other nonessential
graphics and information unless required by the FCC.
G.
Work permits. All providers must obtain a work permit from the Village
for any activity described in the Code.
H.
public safety communications. Small wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by the occupants
of nearby properties.
A.
Co-location encouraged. The collocation of communications facilities
on existing poles, towers and support structures is strongly encouraged
to minimize the extent of intrusion of redundant support structures
within the public ROW or on private property. An entity seeking to
place facilities in the Village shall demonstrate co-location is not
commercially, structurally and/or practically feasible.
B.
Structural integrity of existing support structures.
(1)
The Village shall not authorize any attachments to Village-owned
infrastructure, pole, tower or support structure that negatively impacts
the structural integrity of said infrastructure, pole, tower or support
structure.
(2)
The Village may condition approval of the co-location on replacement
or modification of the communications facility at the provider's
cost if the Village determines that replacement or modification is
necessary for compliance with the construction and/or safety standards
of the Village. A replacement or modification of the communications
facility shall conform to the applicable design guideline(s) and the
Village's applicable specifications for the type of structure
being replaced. The Village shall retain ownership of a replacement
support structure.
C.
Maximum permitted height. For an existing communications facility
or support structure, the antenna and any associated shroud or concealment
material which are permitted to collocate at the top of the existing
support structure shall not increase the height of the existing support
structure by more than 50 feet or a total of 50 feet from grade.
D.
Reserved space. The Village may reserve space for future public safety
or transportation uses in the public ROW or on a pole, tower or support
structure owned by the Village in accordance with an approved plan
in place at the time an application is filed.
(1)
A reservation of space shall not preclude placement of a pole or
the co-location of a communications facility.
(2)
If replacement of the Village's pole or support structure is
necessary to accommodate the co-location of the communications facility
and the future use, the provider shall pay for the replacement of
the pole or support structure and shall design and construct the replacement
pole or support structure in a manner that is able to accommodate
the future use.
A.
Location.
(1)
Required setbacks.
(a)
The center line of a new pole, tower or support structure shall
be installed in alignment with existing street trees and other poles
along the same public ROW whenever possible.
(b)
In no case shall a new pole, tower or support structure be located
less than what is required in the license agreement from any of the
roadway/face of curb, sidewalk, or shared use path as measured to
the nearest part of the support structure.
(c)
New poles, towers or support structures shall be located a minimum
of six feet from any permanent object, structure or existing lawful
encroachment into the public ROW, or as determined in the license
agreement.
(d)
Support structures for small wireless facilities located outside
of the public ROW shall be set back from the property line of the
lot on which it is located a distance equal to not less than the total
height of the facility, including the support structure, as measured
from the highest point of such support structure to the finished grade
elevation of the ground on which it is situated, plus 10% of such
total height. The Planning Board may reduce such setback requirements
based upon consideration of lot size, topographic conditions, adjoining
land uses, landscaping, and other forms of screening and/or structural
characteristics of the proposed support structure.
(2)
Required spacing. A minimum of 300 linear feet between poles, towers,
support structures or communication facilities is required. To the
extent feasible, any new or replacement pole, tower or support structure
constructed in the public ROW shall be located at the property line
between two residentially zoned properties and not in the direct line
of site from the front of a residential structure.
(3)
Placement of poles between property lines. When feasible, all poles
shall be installed as close to the adjoining property line as possible,
unless not feasible, to curtail impacts on primary structures.
B.
Maximum permitted height. For a new support structure in all districts,
the overall height of the pole, tower and support structure and any
collocated antennas shall not be more than 50 feet in height above
established grade measured at the base of the support structure.
C.
Design requirements.
(1)
Shape and dimensions. All new poles, towers or support structures
shall be constructed of solid hot-dipped galvanized steel and shall
be round with the pole shaft tempered in diameter from the base to
the top with a maximum of 12 inches at the base.
(2)
Aesthetics. In appropriate locations and districts, decorative poles
shall be utilized to complement the existing character of the applicable
corridor of the Village.
(3)
Transformer base. All new poles, towers or support structures shall
include a one-piece cast aluminum alloy transformer base in a breakaway
design, consistent with engineering standards subject to the Engineer
for the Village's review and approval.
(4)
Foundation/footer.
(a)
All new poles, towers or support structures shall be supported
with a reinforced concrete foundation or footer that is designed by
a professional engineer, subject to the Engineer for the Village's
review and approval.
(b)
Anchor bolts must be constructed from steel (high strength)
per ATSM A36, threaded (J-Type/L-Type), hot dip galvanized steel per
ODOT CM Item No. 711.02, and in a strength and diameter recommended
by a professional engineer, subject to the Engineer for the Village's
review and approval.
(c)
All anchor bolts must be concealed from public view with an
appropriate pole boot or cover, powder coated to match the pole, tower
or support structure.
(5)
Color. New poles, towers or support structures, including the breakaway
transformer base, shall have a powder coated finish in dark earth
tone colors such as dark green, dark brown, gray, or black, consistent
with the color of other poles, towers or support structures in the
immediate vicinity, unless other colors are approved by the Village.
D.
Multiple requests. If multiple requests are received by the Village
to install two or more poles, towers or support structures that result
in the violation of the applicable spacing requirements outlined herein,
or to collocate two or more communications facilities on the same
pole, tower or support structure, the Village may resolve conflicting
requests through whatever reasonable and nondiscriminatory manner
it deems appropriate.
E.
Alternate location. The Village reserves the right to propose an
alternate location to any proposed location of a new pole, tower or
support structure, that is within 100 feet of the proposed location
or within a distance that is equivalent to the width of the public
ROW in or on which the new structure is proposed, whichever is greater,
which the provider shall use if it has the right to do so on reasonable
terms and conditions and the alternate location does not impose technical
limits or significant additional costs.
F.
Waiver.
(1)
A provider may seek a waiver from the Planning Board of the undergrounding
or alternative location requirements for the placement of a new pole,
tower or support structure to support communications facilities if
the provider is unable to achieve its service objective using a communications
facility under the following circumstances:
(2)
The Village shall process waivers in a reasonable and nondiscriminatory
manner that does not have the effect of prohibiting the provision
of wireless services.
A.
Location. All antenna to be installed on new or existing poles, towers
or support structures shall be mounted flush to the top of the pole,
tower or support structure and aligned with the center line of the
pole, tower or support structure, unless otherwise agreed to by the
Village based on the specific context and characteristics of the communications
facility.
B.
Size. Each antenna shall be located entirely within an enclosure
of not more than three 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 enclosure of not more than 12 cubic feet
in volume.
C.
Design.
A.
Size. Exclusive of the antenna, all wireless equipment associated
with the communications facility shall not cumulatively exceed 28
cubic feet in volume. The calculation of equipment volume shall not
include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and
other services.
B.
Equipment enclosures. All communications facilities mounted to poles,
towers or support structures or located on the ground shall be fully
contained within enclosures or cabinets.
C.
Required clear height. All communications facilities mounted to a
pole, tower or support structure shall provide a minimum of 10 feet
of clear space on the pole as measured from established grade to the
lowest point of any facility/equipment cabinets or concealment apparatus
mounted to the pole, tower or support structure.
D.
Maximum horizontal offset from support structure. Communications
facility equipment cabinets or enclosures shall not extend more than
10 inches beyond the pole, tower or support structure center line
in all directions.
E.
Design.
(1)
Cabinet or enclosure shape. Communications facility equipment cabinets
or enclosures shall be rectangular in shape, with the vertical dimensions
being greater than the horizontal. Generally, the cabinet or enclosure
shall be no wider than the maximum diameter of the support structure.
(2)
Installation. All pole mounted equipment cabinets or enclosures must
be installed as flush to the pole as possible. Any installation brackets
connecting the cabinets or enclosure to the pole shall not extend
more than two inches from the pole and shall include metal flaps (or
wings) to fully conceal the gap between the cabinet and pole.
(3)
Color. Cabinets or enclosures shall match the color specification
of the pole, tower and/or support structure, unless other colors are
approved by the Village.
A.
Location.
(1)
Required setbacks.
(a)
In no case shall ground mounted small wireless facilities be
located no less than required in the license agreement from the roadway/face
of curb, sidewalk, or shared use path as measured to the nearest part
of the cabinet or enclosure.
(b)
Ground-mounted communications facilities and associated required
screening or shrouding shall be located a minimum of six feet from
any permanent object or existing lawful encroachment into the public
ROW.
B.
Size. All communications facility equipment shall not cumulatively
exceed 28 cubic feet in volume. The calculation of equipment volume
shall not include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and
other services.
C.
Maximum permitted height. The maximum height for ground mounted communications
facilities shall not exceed 2 1/2 feet as measured from established
grade at the base of the facility.
D.
Equipment enclosures required. All ground mounted communications
facilities shall be fully contained within enclosures or cabinets.
E.
Design requirements.
(1)
Concealment. Ground-mounted equipment shall incorporate concealment
elements into the proposed design matching the materials of the support
structure, unless other materials are approved by the Village. Concealment
may include, but shall not be limited to, landscaping, strategic placement
in less obtrusive locations. Landscaping concealing equipment enclosures
shall be planted in such quantity and size such that 100% screening
is achieved within two years of installation. Landscaping shall be
continuously maintained but shall not result in over-growth of the
public right-of-way area and shall minimize its presence while achieving
the goal of screening.
(2)
Concrete pad or slab. In accordance with state and local standards
approved by the Code Enforcement Officer.
(3)
Breakaway design. All objects placed within the public ROW shall
feature breakaway design.
(4)
Color. Ground-mounted communication facility cabinets and enclosures
shall have a powder-coated finish in dark earth tone colors such as
dark green, dark brown, gray, or black, unless other colors are approved
by the Village.
A.
Approval of the collocation, replacement or modification of a pole,
tower or support structure is conditioned upon the provider's
assumption of costs if the Village determines such is necessary for
compliance with its written construction or safety standards.
B.
Prevention of failures and accidents. Any provider who owns a communications
facility sited in the public ROW or upon Village-owned property shall
at all times employ ordinary and reasonable care and shall install,
maintain and use nothing less than the best available technology for
preventing failures and accidents which are likely to cause damage,
injury, or nuisance to the public.
C.
Compliance with fire safety and FCC regulations. Communications facilities,
wires, cables, fixtures, and other equipment shall be installed and
maintained in compliance with the requirements of the National Electric
Code, all FCC, state, and local regulations, and in such manner that
will not interfere with the use of other property, public safety communications
or the reception of broadband, television, radio or other communication
services enjoyed by occupants of nearby properties.
D.
Wind and ice. All communications facilities shall be designed to
withstand the effects of wind gusts and ice to the standard designed
by ANSI, as prepared by the engineering departments of the Electronics
Industry Association, and Telecommunications Industry Association
(ANSI/EIA/TIA-222, as amended).
E.
Surety bond or equivalent financial tool for cost of removal. All
providers shall procure and provide to the Village a renewable bond,
or shall provide proof of an equivalent financial mechanism, which
may include a funds set-aside and a letter of credit, to ensure compliance
with all provisions of these Standards and Guidelines. The renewable
bond or equivalent financial method shall cover the cost to remove
unused or abandoned small wireless facilities or damage to Village
property caused by a provider or its agent for each communications
facility which the provider installs in the public ROW or upon Village-owned
property.
Any provider who owns or operates a communications facility
or a pole, tower or support structure in the public ROW or upon Village-owned
property shall, to the fullest extent permitted by law, indemnify,
protect, defend, and hold the Village and its elected officials, officers,
employees, agents, and volunteers harmless from any and all penalties,
damages, costs, or charges arising out of any and all claims, suits,
demands, causes of action, or award of damages, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the placement, construction,
erection, modification, location, product performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said facility. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys' fee, consultants'
fees and expert witness fees are included in those costs that are
recoverable by the Village.
Said provider shall also hold the Village and/or its agent(s)
harmless in the event any action by the Village and/or its agent(s)
negligently or recklessly disrupts, destroys, and/or incapacitates
the small cell facility or wireless support structure situated in
the public ROW or Village-owned property in accordance with these
design guidelines and standards.
