The Village of Cazenovia shall reserve the right to further define "small commercial wireless facilities," which are defined, in part, by the Declaratory Ruling and Third Report and Order ("Order'') issued by the Federal Communications Commission ("FCC") as facilities that are i) mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 1.1320(d); or ii) mounted on structures that are no more than 10% taller than other adjacent structures; or iii) 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, which are owned and maintained by a wireless telecommunication infrastructure provider requiring permit review and approval pursuant to Chapter
180, as it now exists, or as may be modified by local law in the future.
Requirements for the siting, construction, operation and maintenance
of such small commercial wireless facilities shall at all times meet
or exceed the most recent American National Standards Institute (ANSI)
Code, National Electrical Safety Code and the National Electrical
Code, and such facilities shall be at all times kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel so to protect persons and property within the Village.
Siting of all telecommunication facilities shall, as a matter
of policy, have the least adverse effect on the environment and character
of all zoning districts within the Village of Cazenovia, including
visual impacts, existing vegetation, residential character and lighting.
All applications for the construction or installation of a new
small wireless facility or modification of an existing wireless facility
shall require the submission of documentation that demonstrates and
proves the need for the small wireless facility to provide service
primarily and essentially within the Village.
The Village, consistent with the Order, shall impose, at minimum,
the following standards upon small commercial wireless facilities
to address aesthetic and safety concerns as part of the review and
permitting process:
A. Facilities shall be situated in a manner that minimizes proximity
and visibility to residential structures, does not impede pedestrian
or vehicular traffic, or otherwise create a safety hazard, and shall
be no higher than the minimum height necessary;
B. In no case shall ground-mounted accessory equipment, walls, or landscaping
be located within 18 inches of the face of the curb, or within four
feet of the edge of the cartway, or within an easement area extending
onto a privately owned lot;
C. To the extent feasible, accessory equipment shall be placed underground;
if equipment must be ground mounted, screening from surrounding views,
to the fullest extent possible, through landscaping or decorative
features to the satisfaction of the Village shall be employed;
D. Camouflaging techniques, which may include screening and incorporating
architectural features, shall be employed to limit visibility from
public ways and residential uses while still permitting the facility
to perform its designated function;
E. Where appropriate, small wireless facilities in the public right-of-way
shall be co-located on existing wireless telecommunications facilities,
whenever possible; if co-location is not technologically feasible,
small wireless facilities shall be located on existing utility poles
or other structures that do not already act as wireless telecommunication
facility support structures;
F. Standardized, pre-approved location spacing, antennas and equipment
cabinets shall be mandated;
G. Facilities shall be painted or shielded with street-design materials;
and
H. The antenna and supporting electrical and mechanical equipment must
be of a neutral color, so as to make the antenna and related equipment
as visually unobtrusive as possible.
All standards governing small commercial wireless facilities
as set forth in the aforementioned Order are hereby acknowledged and
reaffirmed.
As soon as practicable, and upon due deliberation, the Village
shall enact such additional modified standards for such small telecommunication
facilities to be situated within the Village of Cazenovia, as may
be necessary to assist in the review of such permits as are currently
outlined in Chapters 253 and 285, or as may be necessary upon the amendment of Village policy
or local law.
Any approval for a small wireless facility that is proposed
for Village property or in a public right-of-way shall require the
applicant to at all times defend, indemnify, protect, save, hold harmless
and exempt the Village and its elected officials, officers, employees,
representatives and agents from any and all damages, costs or charges
which might arise out of, or be caused by, the placement, construction,
erection, modification, location, product performance, use, operation,
maintenance, repair, installation, replacement, removal or restoration
of the small wireless facility.
The Village of Cazenovia Village Board hereby establishes an
application fee of $500 for a single up-front application of a small
wireless facility, which may include up to five sites, and $100 per
application for each site thereafter.
The Village further imposes a recurring charge for each small
wireless facility to be situated within the Village's right-of-way
to be $250 per site per year, which shall include all related access,
permitting and rental fees.