The Town desires to encourage small-cell wireless telecommunication infrastructure investment by providing a fair and predictable process for the deployment, while enabling the Town to promote the management of its public ROW in the overall interests of the public health, safety, and welfare. The Town recognizes that wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 911 services to homes, businesses, and schools within the Town, and new technology has increased the need for towers and antennas to serve the Town. The Town further recognizes that SWF often may be deployed most effectively in the ROW. The Town desires to enact a legal framework which will permit the expedited review process for the deployment of such SWF when specified criteria are met and to permit placement of towers and antennas in locations which will allow telecommunications services to be rendered in conformity with both the Federal Telecommunications Act of 1996, and with the goals of local comprehensive plans and zoning ordinances.

In enacting this section, the Town is establishing uniform standards to address issues presented by SWF, including, without limitation, to:

Special use permit application. All persons wishing to construct, install, modify, co-locate, relocate, or otherwise deploy SWF must submit an application for a special use permit for approval by the Town Board of the Town of Lancaster. The SWF special use permit application shall contain the following, to include nine hard copies and one digital copy:

One application required. Although each SWF requires its own special use permit, the applicant need submit only one application regardless of the number of proposed SWF or locations. The Board may, in its sole discretion, deny the application, grant the application in full, or partially grant the application by issuing special use permits for only some of the SWF proposed in the application.

Maintenance. Subject to the requirements for the initial application, an application shall not be required for routine maintenance or in-kind replacement, unless otherwise specified within this section. In-kind replacement shall mean replacement of an existing permitted SWF with another SWF of the substantially same dimensions, appearance, and characteristics. Any other modifications or replacements of any portion of a SWF shall require an amendment to the special use permit, requiring compliance with all applicable requirements and procedures set forth in this section.

Application fees. The applicant shall pay the Town a fee for review of the special use permit application, in an amount to be determined by the Town Board by resolution, which may be amended from time to time by further resolution.

Third-party professional consultants. The Town, in its sole discretion, may retain third-party consultant(s) to assist in the review of a proposed SWF. The cost of such third-party consulting services shall be reimbursed by the applicant to the Town within 30 days of the Town receiving an invoice for third-party consulting services.

SWFs that are concealed installations on buildings within the following zoning districts: LC, GC, LI, and GI.

Co-location on existing poles that are within the following zoning districts: LC, GC, LI, and GI.

Preferred locations. The Town prefers co-location and siting in manufacturing and/or business districts as defined in this chapter over residential zoning districts. The Town prefers co-location as opposed to the construction of a new support structure. The Town prefers the siting on existing buildings, provided they are camouflaged or concealed.

Discouraged locations. The Town discourages new support structures and the location in residential zoning districts, although siting in residential districts may be necessary if no alternatives are available to meet the provider's objectives. Where possible, efforts should be made to co-locate or to locate in manufacturing or business zoning districts. If location in a residential zoning district is necessary, techniques to minimize aesthetic impacts are mandatory, including camouflage.

Prohibited locations. The Town prohibits any structures or parts of structures associated with SWF placement from obstructing access to above- or underground traffic control infrastructure, public transportation vehicles, shelters, street furniture, or other improvements, above- or underground utility infrastructure, fire hydrants, doors, gates, or other ingress and egress points to any building appurtenant to the ROW, or any fire escape. Ground-mounted equipment shall not be closer that 12 feet from any existing lawful encroachment in the ROW and driveway aprons.

Construction categories. Each SWF shall comply with the standards set forth for each location type.

Engineering requirements. The applicant must provide an installation design prepared by a professional engineer licensed in New York State that demonstrates the pole strength of the pole to be used.

Aesthetic requirements. The character of the neighborhood and the visual quality of the surroundings must be taken into account when installing SWF, whether to new or existing poles. In order to avoid unnecessary adverse visual impacts and to preserve the area in which the SWFs are being installed, and in addition to the conditions set forth above, all SWFs shall meet the following requirements:

Approved plans. Before the permittee submits any applications to the Building Department, the permittee must incorporate the permit, all conditions associated with this permit and the approved photo simulations into the project plans. The permittee must construct, install and operate the SWF in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with, must be submitted in a written request subject to the Building Department prior to review and approval, who may refer the request to the Town Board if it is found that the requested alteration, modification or other change implicates a significant or substantial land use concern.

Build-out period. The permit will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct, and/or operate the approved SWFs and commences the installation and construction, which includes, without limitation, any permits or approvals required by any federal, state, or local public agencies with jurisdiction over the subject property, the SWF, or its use. The Town may grant extensions to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition.

Maintenance obligations; vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, and access routes, in a neat, clean, and safe condition in accordance with the approved plans and all conditions in the permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the Town, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee received notice or otherwise becomes aware that such graffiti or other vandalism occurred.

Compliance with laws. The permittee shall maintain compliance at all times with all federal, state, and local statutes, regulations, orders or other rules that carry the force of law applicable to the permittee, the subject property, the SWF or any use or activities in connection with the use authorized in the permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee's obligations to maintain compliance with all applicable laws, regulations, orders, and rules.

Inspections. The permittee expressly acknowledges and agrees that the Town or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the Town may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the Town or its designee while such inspection or emergency access occurs.

Contact information. The permittee shall furnish the Town with accurate and up-to-date contact information for a person responsible for the SWF, which includes, without limitation, such person's full name, title, direct telephone number, facsimile number, mailing address, and email address. The permittee shall keep such contact information up-to-date at all times.

Rescission of permit for noncompliance. The Town Board may rescind any permit issued under this chapter for review at any time due to noncompliance with applicable law or any approval conditions. At a duly noticed hearing and in accordance with all applicable laws, the Town Board may revoke any such permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

Record retention. The permittee shall retain full and complete copies of all licenses, permits, and other regulatory approvals issued in connection with the SWF, which includes, without limitation, all conditions of approval, approved plans, resolutions, and other documentation associated with the license, permit, or regulatory approval.

No exclusive, irrevocable property right or any other interest is created by the license. There is no right to convey, express or implied, with the license.

The license may not be assigned, except upon written consent of the Town, which shall not be unreasonably withheld, provided the assignee assumes all obligations of the license, agrees to abide by its terms in writing, and meets all other criteria as set forth in this section.

A general license will be granted per applicant for all Town ROW, provided that the applicant meets the requirements for such a license.

An applicant shall demonstrate the entitlement to use the land for the designated purpose, e.g., through demonstration that the Town owns the fee of the highway at issue, through the grant of an easement or a pole attachment agreement, and/or other legal mechanism that may be applicable. The applicant bears any and all risk that it has the legal right to construct the SWF in the location that it has chosen.

The license agreement shall be in the general form as developed by the Town.

Each license agreement is subject to approval by the Town Board.

By issuance of a License, the Town does not represent or warrant title or ownership of the ROW. The applicant proceeds at its own risk.

Indemnification. Any license agreement shall contain indemnification provisions, indemnifying the Town for the licensee's use of the Town ROW and related activities, to the maximum extent permitted by law.

Performance bond/surety. Any license agreement shall contain the requirements that the licensee provide a performance bond or other appropriate surety, as approved by the Town Board in an amount equal to or greater than a written estimate from a New York licensed engineer with experience in SWF removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without imitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether aboveground or below ground, constructed or installed, in connection with the SWF. In establishing or adjusting the bond amount required under this condition, and in accordance with New York Code, the Town shall take into consideration information provided by the licensee regarding the cost to remove the wireless facility.

The license shall require compliance with this section, as may be amended by the Town Board.

Insurance. Without limiting the indemnification provision herein, and in addition to the performance bond/surety required herein, the license agreement shall contain a requirement that the licensee procure, at the licensee's expense, insurance in an amount sufficient as determined by the Town Board, with the Town named as an additional insured.