[Added 8-5-2020 by L.L. No. 5-2020]
The purpose of this article is to establish general procedures
and standards, consistent with all applicable federal and state laws,
for the siting, construction, installation, modification, and removal
of small cell wireless facilities within the Town of Evans. The goals
of this article are to:
A.
Preserve the aesthetic and rural character of the Town's neighborhoods
and corridors;
B.
Establish general design, aesthetic and construction standards for
the advent of new small cell wireless technology;
C.
Ensure that small cell wireless facilities and support structures
conform with all applicable health and safety regulations;
D.
Prevent any potential interference of small cell wireless facilities
with the use of streets, sidewalks, alleys, parkways and other public
ways and places;
E.
Prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
F.
Ensure that small cell wireless facilities will blend into their
environment to the greatest extent practicable;
G.
Encourage the co-location of small cell wireless facilities for various
carriers within shared facilities and without additional visual impacts;
H.
Enhance the ability of wireless communications carriers to deploy
small cell wireless technology in the Town effectively and efficiently
so that residents, businesses and visitors benefit from quality wireless
service availability and consistent coverage; and
I.
Comply with and not conflict with all applicable state and federal
laws.
As used in this article, the following terms shall have the
meanings indicated:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless telecommunications
services.
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization or local
amendments to those codes enacted solely to address imminent threats
of destruction of property or injury to persons to the extent not
inconsistent with the terms of this chapter.
Any person who submits an application and is a wireless telecommunications
provider.
A request submitted by an applicant i) for a small cell building/work
permit to co-locate small cell wireless facilities in a ROW; or ii)
to approve the installation or modification of a utility pole or wireless
telecommunications facility support structure in a ROW .
To install, mount, maintain, modify, operate, or replace
wireless telecommunications facilities on or adjacent to a wireless
support structure or utility pole.
A pole that is specifically for wireless facilities and is
fed with fiber-optic and electric underground rather than overhead.
The nonexclusive grant of authority issued by the Town of
Evans to install a small cell wireless facility and/or a wireless
support structure in a portion of the right-of-way in accordance with
this article.
The surface of, and the space within, through, on, across,
above, or below, any public street, road, highway, lane, path, alley,
sidewalk, easement, and any other land dedicated or otherwise designated
for a compatible public use which is owned or controlled by the Town
of Evans.
A wireless telecommunications facility that meets both of
the following qualifications:
Each antenna is located inside an enclosure of no 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 imaginary enclosure of no more than three cubic feet;
and
All other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume. The following types
of associated ancillary equipment are not included in the calculation
of equipment volume: electric meter, concealment elements, telecommunications
demarcation box, ground-based enclosures, grounding equipment, power
transfer switch, cutoff switch, and vertical cable runs for the connection
of power and other services.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership. Such term shall not include structures supporting only
wireless telecommunications facilities.
Equipment at a fixed location that enables wireless telecommunications
between user equipment and a communications network, including i)
equipment associated with wireless telecommunications; and ii) radio
transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of technological
configuration. The term includes small wireless facilities. The term
does not include the structure or improvements on, under, or within
which the equipment is co-located.
Any person who provides wireless services and/or installs
wireless communication transmission equipment, wireless telecommunications
facilities or wireless telecommunications support structures.
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 wireless telecommunications
facilities. Such term shall not include a utility pole.
B.
Permit required. No person shall place a small cell wireless facility
in the Town without first obtaining a small cell building/work permit
from the Town of Evans upon review and approval by the Planning Board.
To do so, the applicant must submit a completed small cell wireless
facility application, including all required forms, fees, as well
as the following materials:
(1)
Maps. The applicant must submit scaled maps depicting all existing
small wireless facilities (including carrier information) within 1/2
mile of the proposed small cell wireless facility. In addition, the
applicant must indicate all planned or proposed small cell wireless
facilities within 1/2 mile of the small cell wireless facility/location
being proposed. All sites must include GPS location information expressed
in terms of latitude and longitude and New York State Plane East,
NAD83 (feet) minutes.
(2)
Site plans. The applicant must submit scaled site plans prepared,
sealed, stamped, and signed by a professional engineer licensed and
registered by the State of New York. Drawings must depict above- and
below-ground utilities, poles, curblines or edge of pavement, trees,
ROW limits, property lines, building footprints, utility and other
easements, as well as all other appurtenances within the project area.
Site plans shall indicate dimensions from nearby poles, as well as
clearance distance between the nearest aboveground objects. All freestanding
poles must show underground conduit paths, including the connection
source point for both electrical and fiber.
(3)
Elevation drawings. The applicant must submit scaled elevation drawings
prepared, sealed, stamped, and signed by a professional engineer licensed
and registered by the State of New York. Drawings must depict all
proposed equipment, clearance between any project equipment and ground,
and all underground foundation details. Drawings must include dimensions
of all heights of any proposed structure, pole, or equipment, whether
on existing utility poles or on new proposed freestanding poles.
(4)
Photo simulations. The Town, at its discretion, may request photo
simulations of the proposed small cell wireless facility based on
its location within certain sensitive areas of the Town (e.g., along
the waterfront, near parks, neighborhoods, historic areas, etc.).
Upon request, the applicant will provide photo simulations taken from
the viewpoints of the greatest pedestrian and/or vehicular traffic.
(5)
Equipment specifications. For all equipment depicted on the plans,
the applicant must include the manufacturer's name and model number,
as well as physical dimensions, including height, width, depth, volume
and weight with mounts and other necessary hardware.
(6)
Agreements and approvals. The Town shall require copies of the agreement
or lease of any utility pole or structure not owned by the Town and
maintain such records in the event of necessary repair and/or notice.
The applicant shall also provide proof of FCC licensing approval and
any applicable state PSC approvals.
(7)
Insurance certificate. Applicants shall show proof of and maintain
a liability insurance policy for all structures installed, with the
Town to be named as an additional insured and held harmless from liability
and claims for damages.
D.
Special use permit. The Town shall require a special use permit for
any small cell wireless facilities located within 100 feet of a residential
district. The application for a special use permit shall be reviewed
and recommended by the Planning Board with final approval by the Town
Board.
The Town of Evans desires to promote the deployment of small
cell wireless technology in the Town while preserving the aesthetic
and rural character of its neighborhoods and corridors and ensuring
the public health and safety of the community. Small cell wireless
facilities, and new or modified utility poles and wireless telecommunications
support structures for the co-location of small cell wireless facilities,
may be placed in the rights-of-way as a permitted use, subject to
the following requirements:
A.
Maximum height restrictions. Each new or modified utility pole, wireless
telecommunications support structure, or small cell wireless facility
installed in the rights-of-way shall not exceed 10 feet above the
tallest existing utility pole, wireless support structure, or small
cell wireless facility in the rights-of-way in place as of the effective
date of this article and located within 500 feet of the new pole.
In areas where there are no wireless support structures or utility
poles taller than 30 feet in height above ground level, the maximum
allowable height for small wireless facilities shall be 35 feet in
residential zones and 40 feet in all other zones.
B.
Minimum height requirements. Small wireless facilities shall be installed
at least 15 feet above the ground. If a small wireless facility attachment
is projecting toward the street, for the safety and protection of
the public and vehicular traffic, the Town may require the attachment
to be installed no less than 20 feet above the ground.
C.
Co-location. The Town of Evans shall encourage co-location of small
cell wireless facilities between multiple wireless service providers
on the same support structure whenever feasible. If the applicant
chooses to not co-locate when options appear available, demonstrative
proof must be provided as to why co-location is not feasible.
D.
Antennas. The antenna(s) must be concealed within housing that also
conceals the cable connections, antenna mount and other hardware.
Antennas must be painted or otherwise colored to match the primary
pole to which it is attached.
E.
Pole-mounted equipment cabinet. When pole-mounted equipment is required,
all equipment other than the electric meter and disconnect switch
must be concealed within an equipment shroud or cabinet. The equipment
shroud must be painted, wrapped, or otherwise colored to match the
existing pole.
F.
Ground-mounted equipment. Ground-mounted equipment is allowed when
placed in conjunction with a new pole and concealed in a ground-mounted
cabinet. The dimensions of the ground-mounted cabinet must not exceed
more than 24 inches in diameter. Any square or rectangular cabinets
must be chamfered along all exposed sides and top edges. Ground-mounted
cabinets must be installed flush to the ground and painted or finished
to match any decorative lighting in the area. Ground-mounted equipment
must not interfere with the flow of pedestrian traffic and must conform
to the Americans with Disabilities Act (ADA)[1] in regards to appropriate spacing.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
G.
Freestanding wireless poles. New poles shall match the color and
finish of existing decorative lighting or other poles in the area.
H.
Concealment. The Town of Evans requires the applicant to incorporate
concealment elements into the proposed design of new wireless facilities
and wireless support structures. Concealment will include approved
camouflage or shrouding techniques, based on Planning Board review,
and may include the utilization of natural plants as a means of concealment.
I.
Utility lines. New service lines must be undergrounded to avoid additional
overhead lines. For metal poles, undergrounded cables and wires must
transition directly into the pole base without any external protruding
junction box, unless it is contained within a ground-mounted equipment
cabinet.
J.
Lights. Unless otherwise required for compliance with FAA or FCC
regulations, the facility shall not include any permanently installed
lights. Any lights associated with the electronic equipment shall
be appropriately shielded from public view. This subsection is not
meant to prohibit installations on streetlights or the installation
of luminaires or additional streetlighting on new poles when required
by the Town of Evans.
K.
Health and safety regulations. All facilities shall be designed,
constructed, operated, and maintained in compliance with all generally
applicable health and safety standards, regulations and laws, including,
without limitation, all applicable regulations for human exposure
to RF emissions.
L.
Protrusions. No protrusions from the outer circumference of the existing
structure or pole shall be more than two feet. The pole and all attachments
to the pole that are projecting, or any equipment or appurtenance
mounted on the ground, shall comply with the Americans with Disabilities
Act and shall not obstruct an existing or planned sidewalk or walkway.
M.
New wireless support structures.
(1)
Spacing. New wireless support structures are to be spaced no more
than one per 250 feet on each side of the road to minimize the hazard
of poles adjacent to roadways and minimize visual clutter and distractions
to vehicular traffic. An exemption may be granted if the applicant
can demonstrate that this restriction has the effect of preventing
wireless service to this location. Wireless support structures shall
be spaced apart from utility poles or wireless support structures
supporting small wireless facilities at the same spacing between utility
poles in the immediate proximity.
(2)
Alignment. The center line of any new wireless support structure
must be aligned, as much as possible, with the center lines of existing
poles on the same street segment.
(3)
Accommodating future co-location. Any new wireless support structure
or pole shall be designed and constructed in a fashion to allow for
the future co-location of additional small cell wireless facilities
as deemed suitable by the Planning Board.
(4)
General restrictions on new wood poles. In all locations, the Town
reserves the right to require a metal pole rather than a wood pole
based on the building and/or natural environmental character of the
proposed site location.
(5)
Wood pole footings and foundations. All new wood poles must be direct
buried to a depth based on structural requirements. The design shall
be stamped, sealed and signed by a professional engineer licensed
and registered by the State of New York and subject to the Town's
review and approval.
(6)
Metal pole footings and foundations. All new metal poles must be
supported with a reinforced concrete pier. The design, including the
pier, footings and anchor bolts, shall be stamped, sealed and signed
by a professional engineer licensed and registered by the State of
New York and subject to the Town's review and approval. All anchor
bolts must be concealed from public view with an appropriate cover
subject to the Town's prior approval.
(7)
Metal pole material. All metal poles must be constructed from hot-dip
galvanized steel or other corrosion-resistant materials approved by
the Town and finished in accordance with this article to avoid rust
stains on adjacent sidewalks, buildings or other improvements.
(8)
Lighting, planters, flags, and banners. The Town may require the
applicant to install functional streetlights and/or brackets to hold
hanging flower planters, flags and/or banners when technically feasible
and the Town determines that such additions will enhance the overall
appearance and usefulness of the proposed facility. The Town may install
hanging flower planters, flags and/or banners utilizing the brackets.
A.
Notice. Within 90 days following written notice from the Town of
Evans, the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any small wireless facilities within the rights-of-way
whenever the Town has determined that such removal, relocation, change
or alteration is necessary for the construction, repair, maintenance,
or installation of any improvement in or upon, or the operations of
the Town in or upon, the rights-of-way. The applicant shall record
with the Town a formal address appropriate for receipt of such notices,
as well as identify and provide the address of any of its affiliates.
B.
Emergency removal or relocation of facilities. The Town of Evans
retains the right and privilege to cut or move any small wireless
facility located within the rights-of-way, as the Town may determine
to be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the Town shall notify
the wireless telecommunications provider and provide the wireless
telecommunications provider an opportunity to move its own facilities
prior to cutting or removing a facility and shall notify the wireless
telecommunications provider after cutting or removing a small wireless
facility.
C.
Abandonment of facilities. Upon abandonment of a small wireless facility
within the rights-of-way, the wireless provider shall notify the Town
of Evans within 90 days. Following receipt of such notice, the Town
may direct the wireless provider to remove all or any portion of the
small wireless facility if the Town, or any of its departments, determines
that such removal will be in the best interest of the public health,
safety and welfare.
