[HISTORY: Adopted by the Governing Body of the Town/Village
of East Rochester as indicated in article histories.]
[Adopted 10-8-2020 by L.L. No. 2-2020]
The purpose of this article is to establish uniform policies
and procedures for the deployment and installation of small-cell wireless
telecommunications facilities ("small-cell facility") in the Town/Village
of East Rochester (the "Town/Village"), which will provide a public
health, safety and welfare benefit consistent with the preservation
of the integrity, safe usage and visual qualities in the Town/Village.
Any installation of a small-cell facility shall require a building
permit from the Town/Village after being reviewed and approved by
the Town/Village of East Rochester Zoning Board ("Zoning Board").
As used in this article, the following terms shall have the
meanings indicated:
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
A system of electrical conducts that transmits or receives
electromagnetic waves or radiofrequency signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower as defined in this section or any equipment associated with
a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast and
public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Town/Village pursuant to this article, supports or houses equipment described in Subsection A or B of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radiofrequency signals for communications purposes.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Town/Village of East Rochester.
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals and metropolitan outdoor spaces.
A small-cell facility meets both the following qualifications: (i)
each antenna is located inside an enclosure of no more than six 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 six cubic feet; and (ii) all other wireless
equipment associated with the facility is cumulatively no more than
17 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, cut-off switch and vertical cable runs for the connection
of power and other services.
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
The mounting of the proposed antenna on existing towers, other
than towers in the public right-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater;
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public right-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul and the associated site.
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, including Town/Village-owned poles. Such term shall
not include structures supporting only wireless telecommunications
service facilities.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small-cell telecommunications
facilities on utility poles in the public right-of-way or property
of the Town/Village or of another municipal corporation with the Town/Village
and similar structures that employ camouflage technology, including
but not limited to structures such as a multistory building, church
steeple, silo, water tower, sign or other similar structures intended
to mitigate the visual impact of an antenna or the functional equivalent
of such. It is a structure intended for transmitting and/or receiving
radio, television, cellular, personal telecommunications services,
commercial satellite services or microwave telecommunications, but
excluding those used exclusively for dispatch telecommunications,
or exclusively to private radio and television reception and private
citizen's bands, amateur bands, amateur radio and other similar telecommunications.
A.
A special use permit approval by the Zoning Board is required for the following uses. All permit applications must comply with the requirements set forth in the Town/Village of East Rochester Code governing special use permits and include a site plan as described in Chapter 193, Zoning, of the Code of the Town/Village of East Rochester.
(1)
A substantial change to an existing tower or base station as determined
by the Building Inspector.
(2)
Any other application for placement, installation, collocation or
construction of transmission equipment that does not constitute an
eligible facilities request.
(3)
Placement of new antenna on an existing tower or base station that
results in a substantial change to the tower or base station.
(4)
Installation of equipment on a pole, located at an elevation less
than 15 feet from the ground.
(5)
Installation of a small-cell facility on a pole located within 20
feet of a dwelling unit.
B.
Small-cell permit from the Zoning Board.
(1)
No person shall install a small-cell facility without first filing
a small-cell facility application and obtaining a small-cell permit
from the Zoning Board.
(2)
The Zoning Board shall approve a small-cell permit application concerning
any eligible facilities request for modification of an eligible support
structure that does not substantially change the physical dimensions
of such structure. An applicant shall assert in writing that its request
is considered an eligible facilities request. The Zoning Board may
require the applicant to provide documentation or information only
to the extent reasonably related to determine whether the request
meets the requirements of an eligible facilities request.
(3)
The Zoning Board may issue a special use permit for the following:
(a)
Collocation of a small-cell facility or DAS facility on an existing
tower, utility pole or streetlight not exceeding 30 feet in height
on public or private property. Collocation of a small-cell facility
or DAS facility on an existing tower, utility pole or streetlight
exceeding 30 feet in height shall require special permit approval.
(b)
Collocation on existing buildings within the Town/Village of
East Rochester.
(c)
Installation of a monopole or utility pole for a small-cell
or DAS facility in the public right-of-way that does not exceed 30
feet in height.
(4)
Small-cell permit application for Zoning Board approval.
(a)
The small-cell permit application shall be made by the wireless telecommunications
provider or its duly authorized representative and shall contain the
following:
[1]
The applicant's name, address, telephone number and email address.
[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 general description of the proposed work and the purpose of
the work proposed.
[4]
Identify and disclose the number and locations of any small
cells that the application has installed or locations the applicant
has considered in the past year for small-cell infrastructure within
the Town/Village and those submitted or anticipated to be submitted
within a one-year period.
[5]
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance.
(b)
Any amendment to information contained in a small-cell permit
application shall be submitted in writing to the Town/Village within
30 days after the change necessitating the amendment.
(5)
A wireless telecommunications provider shall pay to the Town/Village
an application fee and administrative fee established by the Town/Village
Board of Trustees and amended from time to time.
(6)
A wireless telecommunications provider is authorized, after 30 days'
written notice to the Town/Village Building Inspector, to remove its
facility at any time from the rights-of-way and cease paying the Town/Village
the administrative fee.
C.
Location of small-cell facility approved by the Zoning Board.
(1)
The following locational priorities shall apply in the order specified,
consistent with the Town/Village's obligation to create the least
amount of adverse aesthetic impact and to preserve the scenic values
of the Town/Village:
(a)
On the roof of any Town/Village-owned or federal, state or local
government-owned buildings or structures.
(b)
On privately owned buildings.
(c)
On an existing Town/Village-owned utility poles.
(d)
On Town/Village-owned infrastructure on private poles.
(e)
On Town/Village-owned property, where there is no existing pole.
(f)
On privately owned utility poles.
(2)
If the proposed site is not the highest priority listed above, then
a detailed explanation must be provided as to why a site of higher
priority was not selected. The person seeking such an exemption must
satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed use.
D.
Small-cell facility permit fees. Fees for applications, permits and
annual renewals under this article shall be established and may be
amended from time to time by the Town/Village Board.
E.
Zoning Board requirements as to aesthetics and neighborhood impact
mitigation for small-cell permits. In order to preserve the character
and integrity of Town/Village neighborhoods, the Town/Village finds
that the following requirements are essential to protect the public
health, safety and welfare and scenic preservation:
(1)
New small-cell facilities shall not be located in the downtown district
zone, unless the applicant demonstrates to the Zoning Board satisfaction
that the selected site is necessary to provide adequate service.
(2)
New small-cell facilities shall include stealth technology designs,
unless the Zoning Board makes a written determination that such designs
are not feasible.
(3)
The Zoning Board may consider alternative locations for equipment,
whether pole-mounted or ground-mounted.
(4)
All small cells placed on any roof shall be set back at least 15
feet from the edge of the roof along any street frontage, unless the
Zoning Board makes a written determination waiving the setback requirement.
(5)
The Zoning Board shall consider all impacts to sight lines and aesthetic
views.
(6)
Except within the public right-of-way, all proposed poles, pole equipment
and enclosures shall comply with the designated setback requirement.
(7)
Up to two small cells will be allowed per utility pole if technically
feasible and if in the determination of the Zoning Board there are
no safety or aesthetic concerns. Small cells must be designed and
placed in an aesthetically pleasing manner to the reasonable satisfaction
of the approving agency.
(8)
No small-cell placement shall be allowed on ornamental streetlighting
poles as determined by the Building Inspector.
(9)
No small-cell facilities shall obstruct pedestrian or vehicular vehicle
traffic in any way.
(10)
In no event shall any utility pole or wireless telecommunications
support structure as of May 1, 2020, installed in the public right-of-way,
exceed 30 feet in height, unless permit approval is obtained from
the Zoning Board of Appeals. A shorter pole may be required if the
initial proposal is deemed out of character with the neighborhood
as determined by the Zoning Board of Appeals.
(11)
Each new small-cell facility, including antennas or other associated
equipment, installed in the public right-of-way shall not exceed more
than 10 feet above the existing utility pole or wireless telecommunications
support structure on which it is being located, unless permit approval
is obtained from the Zoning Board of Appeals.
(12)
The Zoning Board of Appeals may impose such reasonable conditions
and restrictions on a special use permit or site plan approval as
are directly related to and incidental to the proposed telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole.
F.
The Secretary of the Zoning Board shall transmit a copy of the Zoning
Board decision to the Town/Village of East Rochester Tax Assessor
to better assess the utility infrastructure for wireless telephone
facilities.
G.
Duration. Construction pursuant to a small-cell permit issued by
the Zoning Board under this section must be commenced within 12 months
of issuance of the small-cell permit and diligently pursued thereafter,
or such small-cell permit shall expire.
I.
Surety for performance.
(1)
The owner of record of the premises upon which the telecommunications
tower, communications tower, telecommunications facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole is located
shall be required to execute and file with the Town/Village Clerk-Treasurer
of the Town/Village an irrevocable and unconditional letter of credit
or other form of security acceptable to the Town/Village Attorney
as to form and manner of execution, in an amount sufficient for the
faithful performance of the terms and conditions of this article,
the conditions of the special use permit or site plan approval issued
hereunder, for the observation of all local laws or ordinances, to
cover the maintenance of the telecommunications tower, communications
tower, telecommunications facility, accessory facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole, as
the case may be, during its lifetime and provide for its removal and
disposal.
(2)
The amount of such irrevocable and unconditional letter of credit
required shall be determined by the Zoning Board in its special use
permit review. In the event of default upon the performance of any
such conditions, the irrevocable and unconditional letter of credit
or security shall be drawn upon by the Town/Village, which shall be
entitled to maintain an action thereon. The irrevocable and unconditional
letter of credit or security shall remain in full force and effect
until the removal of the telecommunications tower, communications
tower, telecommunications facility, accessory facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole and
the site is fully restored.
(3)
Further, when any telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole is reconstructed,
changed or altered in such a manner that approval of a special use
permit by the Zoning Board is required under this article, the owner
of record of the premises upon which such reconstruction, changes
or alterations occur shall be required to execute and file with the
Town/Village Clerk-Treasurer of the Town/Village an irrevocable and
unconditional letter of credit or other security acceptable to the
Town/Village Attorney as to form and manner of execution, in an amount
sufficient to cover the original amount required under this section
for the existing telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole, plus an additional amount that
reflects the increased burden such a reconstruction, change or alteration
places on the subject telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole in accordance
with this section.
J.
Expiration. The special use permit or site plan approval shall expire
upon:
(1)
The failure to commence active operation of the telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole within six months of the issuance of a special use
permit by the Zoning Board;
(2)
The discontinuance of the active and continuous operation of the
telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole for a continuous period of six
months, regardless of any reservation of an intent not to abandon
or discontinue the use of such facilities or of an intent to resume
active operations.
K.
Removal, relocation or modification of small-cell facility in the
public right-of-way.
(1)
Notice. Within 60 days following written notice from the Town/Village,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any small facilities within the public right-of-way
whenever the Town/Village has determined that such removal, relocation,
change or alteration is necessary for the construction, repair, maintenance
or installation of any Town/Village improvement in or upon, or the
operations of the Town/Village in or upon, the public right-of-way.
(2)
Abandonment of facilities. Upon abandonment of a small facility within
the public right-of-way of the Town/Village, the wireless provider
shall notify the Town/Village within 60 days. Following receipt of
such notice, the Town/Village may direct the wireless provider to
remove all or any portion of the small-cell facility if the Town/Village,
or any of its departments, determines that such removal will be in
the best interest of the public health, safety and welfare.
L.
Information updates. Any amendment to information contained in a
small-cell building/work permit application shall be submitted in
writing to the Town/Village within 30 days after the change necessitating
the amendment. On an annual basis, the wireless telecommunications
provider shall provide a list of existing small-cell locations within
the Town/Village.
No action shall be taken by the Zoning Board to issue a special
use permit, site plan approval or any use or area variances until
after public notice and hearing. Proper notice of a hearing before
the Board shall be given by legal notice published in the official
newspaper of the Town/Village as required by the Town/Village of East
Rochester Code at least 10 days before the date set for a public hearing.
A.
Penalties shall be as provided in Chapter 193, Zoning, of the Code of the Town/Village of East Rochester.
B.
In addition to the penalties provided under this section, the Town/Village
Board of Trustees may also maintain an action or proceeding to prevent,
correct or restrain any violation of this article.
C.
In the event that a penalty is assessed against the applicant or the record owner of the subject premises in accordance with this section and remains unpaid for a period of six months, then, in that event, the special use permit and/or site plan approval shall expire in accordance with § 188-3 of this article.
Prior to approval of the construction of a telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole as contained herein, the applicant must contact the
Superintendent of Public Safety Communications of the County of Monroe
to determine the feasibility of collocating County of Monroe emergency
communications equipment on the telecommunications tower, communications
tower, telecommunications facility, accessory facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole. The
applicant must demonstrate that collocation of County of Monroe emergency
communications equipment on the applicant's proposed telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole will not meet the siting needs of the County of Monroe.
To the extent they pertain to small-cell wireless telecommunications
facilities, all ordinances, local laws and parts thereof that are
inconsistent with this article are hereby repealed.
