[HISTORY: Adopted by the Town Council of the Town of Somerset
as indicated. Amendments noted where applicable.]
It is the intent of the Town Council to promote the Town's
public health, safety, and general welfare by providing regulatory
requirements for the installation and maintenance of small wireless
telecommunications facilities in the public rights-of-way. The purpose
of this chapter is to regulate the same to enhance vehicular and pedestrian
safety and avoid interference with motorist and pedestrian sight lines;
to minimize damage to trees; to reduce visual clutter and prevent
unsightly or out-of-character deployments; to preserve the value of
property and the character of the neighborhood; and to otherwise protect
the health, safety, and general welfare of the Town and its residents,
and the public at large.
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[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-100
of the 1989 Code)]
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As used in this chapter, the following terms shall have the
meanings indicated:
A structure or equipment at a fixed location that enables
wireless communications between user equipment and a communications
network. The term does not include a tower or any equipment associated
with a tower.
To install or mount a small wireless facility in the public
right-of-way 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. "Collocation" has a corresponding
meaning.
Means, collectively, the equipment at a fixed location or
locations within the public right-of-way that enables wireless 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. The term does
not include the pole, tower, or support structure to which the equipment
is attached.
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 a public right-of-way. The term does
not include a tower or support structure.
A wireless facility that meets all of the following conditions:
The structure on which antenna facilities are mounted (i) is
fifty (50) feet or less in height, including existing antennas, or
(ii) is no more than ten (10) percent taller than other adjacent structures,
or (iii) is not extended to a height of more than fifty (50) feet
or by more than ten (10) percent above its preexisting height, whichever
is greater; and
Each antenna associated with the deployment, excluding the associated
equipment, is no more than three (3) cubic feet in volume; and
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
twenty-eight (28) cubic feet in volume; and
The facility does not require antenna structure registration
under federal law; and
The facility does not result in human exposure to radiofrequency
radiation in excess of applicable safety standards under federal law.
A structure in a public right-of-way other than a pole or
a tower to which a wireless facility is attached at the time of the
application.
Any structure in a public right-of-way, within or outside
the boundaries of the Town, 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
right-of-way that enables wireless services. A small wireless facility
is a type of a wireless facility. The term does not include the pole,
tower, or support structure on, under, or within which the equipment
is located or collocated, or the coaxial, fiber-optic, or other cabling
between communications facilities or poles, or that is otherwise not
immediately adjacent to or directly associated with a particular antenna.
A person who provides wireless services.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
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[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-101
of the 1989 Code)]
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A.
No person shall construct, install, maintain, or perform any work
in the public right-of-way related to a communications facility or
any tower, without first receiving a permit and paving any applicable
fee, as required under this chapter. No permit shall be issued until
the applicant has entered into a right-of-way access agreement in
a form approved by the Town, according to this chapter. A permit shall
not be required for ordinary maintenance and repair, as determined
by the Town.
B.
The right-of-way access agreement shall set forth, at a minimum,
the following:
(1)
The maximum term of the agreement and the bases for termination;
(2)
The scope of the authority;
(3)
The operator's maintenance obligations;
(4)
The operator's indemnification and insurance requirements;
(5)
Emergency contacts and required response to emergencies related to
facilities; and
(6)
The Town's right to access and inspect the operator's books
and records.
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[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-102
of the 1989 Code)]
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A.
An application for a permit under this chapter must contain or be
submitted with 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;
(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 facility;
(6)
A structural report performed by a duly licensed engineer evidencing
that the pole, tower or support structure can adequately support the
collocation (or that the pole, tower, or support structure will be
modified to meet structural requirements) in accordance with applicable
codes;
(7)
A certification by a radiofrequency engineer that the communications
facility will comply with the radiofrequency radiation emission standards
adopted by the Federal Communications Commission; and
(8)
The applicable application fee, bond, right-of-way access agreement,
and right-of-way access fee, as may be adopted and amended by resolution
of the Town Council.
B.
The Town may require the posting of a bond to guarantee the prompt
and proper restoration of the public right-of-way. The bond may be
in such amount as the Town Manager deems necessary, in the Town Manager's
discretion.
C.
In exchange for the privilege of nonexclusive use of the public right-of-way,
the applicant shall pay the Town such access fee as may be established
and amended by the Town by resolution from time to time.
D.
Any permit issued under this chapter shall be valid for a period
of twelve (12) months after issuance, and may be extended by the Town
Manager for up to an additional twelve (12) months upon written request
of the applicant, prior to permit expiration, if the failure to complete
construction is as a result of circumstances beyond the reasonable
control of the applicant.
E.
No work may be performed except in strict accordance with applicable
law and the Town permit and all approved plans and specifications.
F.
No permit shall be issued except to a wireless service provider with
immediate plans for use of the subject communications facility. A
permit issued under this chapter may not be assigned or transferred.
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[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-103
of the 1989 Code)]
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A.
No interference with right-of-way. No person shall locate or maintain
a communications facility, pole, support structure, or any tower,
so as to interfere with the use of the public right-of-way by the
Town, the general public, or other persons authorized to use or be
present in or upon the public right-of-way, or otherwise hinder the
ability of the Town to improve, modify, relocate, abandon or vacate
a public right-of-way or any portion thereof. Unless otherwise approved
by the Town, any communications facility must be located no closer
than: (i) two (2) feet from any curb, sidewalk, or other improvement
within the right-of-way; and (ii) five (5) feet from any driveway
apron, and be otherwise located to avoid interference with pedestrian
and motorist sight lines and use.
B.
Compliance with design standards; unsightly or out-of-character deployments.
Unless otherwise approved by the Town in order to prevent an effective
prohibition of service, in violation of applicable law, no person
shall locate or maintain a communications facility, pole, or any tower
except in accordance with the following design standards:
(1)
All communications facilities shall be located and designed so as
to minimize visual impact on surrounding properties and from public
rights-of-way, and so as to not interfere with motorist and pedestrian
sight lines, especially at intersections.
(2)
All radio transceivers, antennas, power supply (including backup
battery), and comparable equipment installed on a tower, pole, or
other support structure shall be installed at a height of at least
fifteen (15) feet above ground level.
(3)
No tower may be located closer than one thousand (1,000) feet to
another tower.
(4)
No more than five (5) antennas may be located on any single tower,
pole, or support structure.
(5)
All coaxial, fiber-optic, or other cabling and wires shall be contained
inside the tower, pole, or other support structure or shall be flush-mounted
and covered with a metal, plastic or similar material matching the
color of the tower, pole, or other support structure on which it is
installed.
(6)
All communications facilities shall comply with such additional design
standards as may be set forth in administrative regulations issued
by the Town.
C.
Protection of trees. Unless otherwise approved by the Town in order
to prevent an effective prohibition of service, in violation of applicable
law, no person shall locate or maintain a communications facility,
pole, support structure, or any tower, so as to interfere with the
health of a tree.
D.
Location underground. (Reserved)
E.
Modification of wireless facilities. The Town shall approve any request
for a modification of an eligible existing tower or base station that
does not substantially change the physical dimensions of such tower
or base station, in accordance with federal law.
F.
Restoration of public right-of-way. The applicant shall restore,
repair, and/or replace any portion of the public right-of-way that
is damaged or disturbed by the applicant's work, to the satisfaction
of the Town. Such restoration work shall be completed no later than
thirty (30) days following completion of the project, or termination
of the right-of-way access agreement, and shall be warranted by the
applicant for a period of one (1) year to be free from defects in
materials and workmanship.
G.
Removal, relocation, and abandonment. Within thirty (30) days following
written notice from the Town, or such other time as the Town may require,
the Town may terminate a right-of-way access agreement or require
other action in connection therewith, and the owner shall, at its
own cost and 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 right-of-way, and restore the right-of-way as required
by the Town, whenever either: (i) the terms of the right-of-way access
agreement have been violated; (ii) the communications facility has
not been used for a period of ninety (90) days, or has otherwise been
abandoned or not maintained, or (iii) the Town has determined in its
sole discretion that such action is necessary for the construction,
installation, repair, or maintenance of any public improvement or
otherwise necessary for the public health, safety, or welfare. If
the owner fails to take action as required by this section, the Town
or its contractor may do so and the owner shall be responsible for
all costs and expenses incurred by the Town related to such work.
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[Res. No. 2-19, 2-4-2019, eff. 3-12-2019 (formerly § 12-104
of the 1989 Code)]
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