[HISTORY: Adopted by the Board of Trustees of the Village
of Minoa 1-21-2020 by L.L. No. 1-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 130,
Small Cell Wireless Deployment, adopted 6-3-2019 by L.L. No. 1-2019.
This Chapter 130 shall be known as the "Small Cell Wireless Deployment Requirements Local Law" of the Village of Minoa.
A.
The purpose of this chapter is to regulate the placement of small
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 in reviewing an application:
(1)
The location of any 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.
B.
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.
As used in this chapter, 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 Director
of Planning and Development or Director of Codes Enforcement to determine
whether the issuance of a permit is in conformity with the applicable
provisions of this chapter.
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 Minoa or any agency, subdivision or any instrumentality
thereof.
To install or mount communication facilities in the public
ROW on an existing support structure, an existing tower, or on an
existing pole. "Co-location" has a corresponding meaning.
Collectively, the equipment at a fixed location or locations
within the public ROW or on private property that enables communication
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. § 522(6);
information service or broadband, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communication 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),
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 laws,
statutes, common laws, codes, rules, regulations, orders, or ordinances.
Inspections, testing, replacement 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, 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 private property, a communications facility, tower or
a pole to support a communications facility.
An applicant that 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 communication service provider or a wireless services provider
and includes any person that 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 authority
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
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 each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height, including
their antennas as defined in 47 CFR 1.1320(d); or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of "antenna" in 47
CFR 1.1320(d)], is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The State of New York.
A structure in the public ROW, other than a pole or a tower,
to which a wireless facility is attached at the time of the application.
Any structure in the public ROW 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 or locations in the public
ROW 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.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
A person who provides wireless services.
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 master right-of-way agreement ("ROW agreement") with the Village
expressly authorizing use of the public right-of-way for the communications
facility, pole or tower proposed to be installed.
(1)
General terms. The right-of-way agreement shall include:
(a)
The term of the ROW agreement shall be annual, which shall renew
automatically unless terminated by the Village upon 90 days'
written notice.
(b)
The ROW 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
ROW agreement, subject to applicable laws, this chapter and the terms
and conditions of the ROW agreement. The ROW 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 ROW 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 a
separate agreement (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.
(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 included as an additional insured on each
policy.
(e)
The ROW agreement shall include the name and contact information
for the provider to be called in cases of emergencies.
(f)
The provider's use of space in ducts, conduits and on poles
must comply with the terms of the ROW 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 ROW for a communications facility.
(i)
The terms and conditions are not exclusive and the Village reserves
the right to require additional terms and conditions in the ROW 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 ROW 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, and all applicable
fees have been paid.
(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 § 130-6D of 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, if technically feasible, 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 § 130-6D of this chapter.
(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 applicable provisions of § 130-8 of this chapter and all other applicable laws.
(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 § 130-8 of 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 120 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 to preserve public safety and welfare. Where removal is
required, the Village will make a commercially reasonable effort to
assist the provider in identifying and permitting an alternate location.
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 of the Village, 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 Director of Planning and Development or the Code Enforcement
Director, 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)
Maps showing the location of equipment in the ROW 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 each application up to five small
wireless facilities and $100 for each additional small wireless facility.
The fee shall be paid upon submission of the application.
(2)
Every application for a new pole in the right-of-way shall pay a
permit application fee of $1,000. The fee shall be paid upon submission
of the application.
(3)
Small wireless facility administration 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 ROW agreement is effective. The small wireless facility administration
fee shall be due and payable within 180 days of issuance of the applicable
building permit, and every year thereafter on the fifth day of the
month of January.
(4)
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.
(5)
No refund. Except as otherwise provided in a ROW 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, 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. A provider may maintain,
repair, replace and make like-kind modifications to any small wireless
facility that do not materially change the overall size, height and
weight of the small wireless facility or exceed the structural capacity
of the supporting structure without requiring additional applications,
permits or other Village approval, other than any required electrical
permit.
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 email address,
including emergency contact information for the applicant.
(2)
The names, addresses, telephone numbers, and email 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 description of 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 publicly available pursuant to
the New York State Freedom of Information Law.[1] Notwithstanding the foregoing, the applicant may designate
portions of its application materials that it reasonably believes
contain 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.
[1]
Editor's Note: See Public Officers Law § 84.
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 in § 130-6B(2), 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 § 130-4B.
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 180 days after issuance and can be extended
for an additional 90 days upon written request of the applicant, at
the sole consent of the Village.
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.
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 § 130-6. All such uses shall be in accordance with all other applicable provisions of this chapter, including without limitation, those set forth in § 130-8 below and the terms of any ROW agreement.
(1)
Co-location of a small wireless facility that does not exceed the
maximum height set forth in § 30-6C 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 in § 130-6C, provided that there are existing poles of similar height on the same block or within 300 feet of either side of the proposed new pole or monopole tower.
(4)
Construction of a communications facility, other than those set forth in Subsections A(1), (2) or (3) in this § 130-6, 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.
(5)
Co-location of a small wireless facility on a pole, tower, support
structure or building that is in the federal, state or county right-of-way
or on private property.
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 § 130- 5 and this
section, the Village shall issue the permit, subject to the design
standard set forth in § 130-60 of 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 collocation, and 90 days for any new structure, after
the application is submitted.
(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 right-of-way, may be approved through administrative review as provided in § 130-6A only if the following requirements are met:
D.
Design standards. The design standards for communication facilities,
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. The design standards shall be subject
to change upon majority vote of the Village Board.
All other uses within the public ROW or on private property not expressly set forth or referenced in § 130-6A shall require compliance with, and issuance of, a site plan approval pursuant to Chapter 127 of 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 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 applicable provisions of Call Before
You Dig.
B.
Compliance with permit.
(1)
State that the permittee must follow permit requirements. 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 assure compliance with the provisions of this chapter.
(2)
Address any needed additional permits. 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 generally
applicable permits.
C.
Mapping data. At the Village's request, the permittee shall
provide to the Village a map depicting the location of communications
facilities, poles, support structures and towers within the Village's
boundaries.
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, that each of the
following conditions has been met:
B.
The attachment and/or the replacement pole is in keeping with the
aesthetics of the decorative pole; and
C.
Notwithstanding anything to the contrary in this chapter, an applicant
may not install a small wireless facility on a decorative pole, replace
a decorative pole with a new decorative pole, or install new aboveground
communications facilities in a residential zoning district unless
the Village has determined, in its sole discretion, that each of the
following conditions has been met:
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.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstances is adjudged
invalid, illegal or unconstitutional by any court of competent jurisdiction,
such order or judgment shall be confined in its operation lo the clause,
sentence, paragraph, subdivision, section or part of this chapter
or in its application directly involved in the controversy in which
such judgment shall have been rendered and shall not affect or impair
the validity of the remainder of this chapter or the application thereof
to other persons or circumstances. Further, in adjudging such invalid,
illegal or unconstitutional provision, the court shall attempt to
modify same to a provision which is not invalid, illegal or unconstitutional
and which best achieves the intent of the invalid provision.
This chapter shall take effect immediately upon its filing in
the office of the Secretary of State.
