Evans City Zoning Code
ARTICLE XIV
Small Cell Wireless Facilities
§ 200-75 Intent.
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.
§ 200-76 Definitions.
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.
§ 200-77 Applicability; permit applications and fees.
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.
§ 200-78 General design, siting and construction standards.
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.
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.
§ 200-79 Removal, relocation or modification of small wireless facilities in ROW.
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.