Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
Local Law Filing www.dos.ny.gov
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or undedining to indicate new matter.
BLED
•County DCity [xjTown •Village
(Select one:)
STATE RECORDS
of Clay JAN 2 7 2020
DEPARTMENT OF STATE
Local Law No. 1 of the y e a r 20 20
A local law ^'T^®'^*^ Code of the Town of Clay to create new Chapter 230-20 G. titled
(Insert Title)
"Small Cell Wireless Deployment Requirements".
Be it enacted by the Town Board of the
(Name ot Legislative Body)
•County •City [xjTown •Village
(Select one:)
of Clay a s follows:
S E E ATTACHED LOCAL LAW:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 04/14) Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. J _ of 20^0 of
the eCXiliiK{^)(EX^(Town)CC«I6^i() of ^'aV ^^___^ was duly passed by the
Town Board on January 6, 20 20 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of . ^ _ _ _ „ ^ _ ^ ^ _ was duly passed by the
— - —- on 20 , and was (approved)(not approved)
{Name of Legislative Body)
(repassed after disapproval) by t h e _ . __^_ and was deemed duly adopted
(Elective Chief Executive Officer*)
on _ 2o| I I, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of __^^ was duly passed by the
on 20 . and was (approved)(not approved)
{Name of Legislative Body)
(repassed after disapproval) by the . - _ ^ . . on 20,
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of . was duly passed by the
on . 20 , and was (approved)(not approved)
{Name of Legislative Body)
(repassed after disapproval) by the _on 20 ._ . Such local
(Eleclive Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of _
20 , in accordance with the applicable provisions of law.
" Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 04/14) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20. _ of the City of - . . having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on__ 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law Nn. _^_ of 20 of the County of ^State of New York, having been submitted lo the electors at the General Election of November _ . 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph. above.
;ier; ofthe qoun
CI htyljtgislative body, City, Town or Village Clerk or
ted t*/ local legislative body
offi6fer desig
Date:
n 7m)
DOS-0239-M (Rev. 04/14) Page 4 of 4
TOWN OF CLAY
LOCAL LAW #1 OF 2020
A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF CLAY
TO CREATE NEW CHAPTER 230-20 G. TITLED
"SMALL C E L L WIRELESS DEPLOYMENT REQUIREMENTS"
Be it enacted by the Town Board ofthe Town of Clay as follows:
SECTION 1. AUTHORITY
This local law is enacted pursuant to the New York State Constitution and New York
Municipal Home Rule Law §10.
SECTION 2.
The Code of the Town of Clay is hereby amended to include a new" Chapter 230-20 G.,
titled "Small Cell Wireless Deployment Requirements", which shall read in its entirety as
follows:
"CHAPTER 230-20 G. SMALL C E L L WIRELESS DEPLOYMENT REQUIREMENTS
(I) - Purpose and Definitions
Purpose and Intent.
A. Purpose. The purpose of this Chapter is to regulate the placement of certain
Wireless Communication Facilities in the Town. The standards set forth herein
are created to provide objective, technically feasible criteria applied in a non-
discriminatory manner that reasonably match the aesthetics and character of the
immediate area regarding all of the following, which the Town shall consider
when reviewing an Application:
1. The location ofthe ground-mounted Communication Facilities;
2. The location ofa Wireless Facility on a Pole or other device;
3. The appearance and concealment of Communication Facilities, including
those relating to materials used for arranging, screening and landscaping;
4. The design and appearance of a wireless Support Structure including any
height requirements adopted in accordance with this Chapter.
This Chapter applies to the Public ROW but does not restrict the Town's
right to regulate Communication Facilities on non-Town owned property
or outside of the Public ROW under the same terms and conditions set
forth herein.
B. Intent. In enacting this Chapter, the Town is establishing uniform standards to
address issues presented by certain wireless facilities, including without
limitation, to:
Cla\ Local Law Tor small cell wireless deploymeiU FinaLdoc
1. prevent interference with the use of streets, sidewalks, alleys, parkways
and other public ways and places;
2. prevent the creation of visual and physical obstructions and other
conditions that are hazardous to vehicular and pedestrian traffic;
3. prevent interference with existing facilities and operations of facilities
presently lawfully located in right-of-way or public property;
4. ensure efforts are made to preserve the character of neighborhoods in
which facilities are installed;
5. protect against envirormiental damage, including damage to trees, public
and private property; and
6. facilitate the appropriate and reasonable deployment of small wireless
facilities to provide the benefits of reliable access to wireless
telecommunications technology, broadband and 9-1-1 services to homes,
businesses and schools within the Town.
(2) Definitions.
A. "Administrative Review" means ministerial review of an Application by the
Town relating to the review and issuance of a Permit, including review by the
Code Enforcement Officer to determine whether the issuance of a Permit is in
conformity with the applicable provisions of this Chapter.
B. '"Antenna" means communications equipment that transmits and/or receives
electromagnetic radio frequency signals used in the provision of Wireless
Services. This defmition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household purposes.
C. '"Apphcable Codes" means uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted, or incorporated, by the Town.
D. "Applicant means any Person who submits an Application under this Chapter.
E. "Application" means a written request, on a form provided by the Town, for a
Permit.
F. "Authority" or "Town" means the Town of Clay or any agency, subdivision or
any instrumentality thereof
G. "CoUocate" means to install or mount a Small Wireless Facility on an existing
Support Structure, an existing Tower, or on an existing Pole to which a Small
Wireless Facilit}- is attached at the time of the Application. "Collocation" has a
corresponding meaning.
H. "Communications Facility" means, collectively, the equipment at a fixed
location(s) within the Puhlic ROW or on public or private property that enables
Communications 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 ofthe foregoing. A Communications Facility
-2 -
does not include the Pole, Tower or Support Structure to which the equipment is
attached.
1. "Communications Service" means cable service, as defined in 47 U.S.C. §522(6);
information service or broadband, as defmed in 47 U.S.C. §153(24); or
telecommunications service, as defined in 47 U.S.C. §153(53).
J. "Communications Service Providef' means a provider of Communications
Services and includes a cable operator, as defmed in 47 U.S.C. §522(5).
K. "Decorative Pole" means a Pole that is specially designed and placed for aesthetic
purposes.
L. "Discretionary Review" means review of an Application by the Town Planning
Board relating to the review and issuance of a Permit that is other than an
Administrative Review.
M. "Eligible Facilities Requesf means an eligible facihty request as set forth in 47
C.F.R. Section 1.40001(b)(3), as that section may be amended from time to time.
N. "FCC" means the Federal Communications Commission of the United States.
O. "Laws" means, collectively, any and all Federal, State, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
P. "Ordinary Maintenance and Repair" means inspections, testing and/or repair of
existing Communication Facilities that maintain functional capacity, aesthetic and
structural integrity of a Communications Facility and/or the associated Support
Structure, Pole or Tower, that does not require blocking, damaging or disturbing
any portion of the Public ROW.
Q. "Permif means a written authorization (in electronic or hard copy format) to
install, at a specified location(s) in the Public ROW or at a specific location on
public or private property, a Communications Facility, Tower or a Pole to support
a Communications Facility.
R. "Permittee" means an Applicant who has received a Permit under this Chapter.
S. "Person" means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental entity.
T. "Pole" means a legally constructed pole, such as a utility, hghting, traffic, or
similar pole made of wood, concrete, metal or other material, located or to be
located within the Public Right of Way. A Pole does not include a Tower or
Support Structure.
U. "Provider" means a Communications Service Provider or a Wireless Services
Provider and includes any Person who owns and/or operates within the Public
ROW any Communications Facilities, Wireless Facilities, Poles built for the sole
or primary purpose of supporting Communications Facilities, or Towers.
V. "Public Right-of-Way" or "Public ROW" means the area on. below, or above
property that has been designated for use as or is used for a public roadway,
highway, street, sidewalk, alley or similar purpose, and for purposes of this
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Chapter shall include Public Utility Easements, but only to the extent the Town
has to permit use of the area or Public Utility Easement for Communications
Facilities or Poles, Towers and Support Structures that support Communications
Facilities. The term does not include a federal interstate highway or other areas
that are not within the legal jurisdiction, ownership or control of the Town.
W. "Public Utility Easement" means, unless otherwise specified or restricted by the
terms of the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities. Public Utility
Easement does not include an easement dedicated solely for the Town's use, or
where the proposed use by the Provider is inconsistent with the terms of any
easement granted to the Town.
X. "Replace" or "Replacement" means, in connection with an existing Pole, Support
Structure or Tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure and in
conformance with this Chapter and any other applicable Town regulations, in
order to address limitations of the existing structure to structurally support
Collocation of a Communications Facility.
Y. "Small Wireless Facility" means a Wireless Facility that meets both of the
following qualifications: (i) each Antenna could fit within an enclosure of no
more than three (3) cubic feet in volume; and (ii) all other wireless equipment
associated with the Antenna, including the Provider's preexisting equipment, is
cumulatively no more than twenty-eight (28) cubic feet in volume.
Z. "State" means the State ofNew York.
AA. "Support Structure" means a freestanding structure other than a Pole or a Tower
to which a Wireless Facility is attached at the time ofthe Application.
BB. "Tower" means any structure built for the sole or primary purpose of supporting a
Wireless Facilit}'. A Tower does not include a Pole or a Support Structure.
CC. "Wireless Facility" means the equipment at a fixed location(s) that enables
Wireless Services. The term does not include: (i) the Support Structure, Tower or
Pole on, under, or within which the equipment is located or Collocated; or (ii)
coaxial, fiber-optic or other cabling that is between Communications Facilities or
Poles or that is otherwise not immediately adjacent to or directly associated with a
particular Antenna. A Small Wireless Facility is one type of a Wireless Facility.
DD. "Wireless infrastructure Provider' means a Person, including a Person authorized
to provide telecommunications service in the State, that builds or installs wireless
communication transmission equipment, wireless telecommunications facilities or
wireless telecommunications support structures, but that is not a Wireless
Services Provider.
EE. "Wireless Services" means any services provided using wireless
telecommunications facilities.
FF. "Wireless Services Provider" means a Person who provides Wireless Services and
is authorized to provide such services pursuant to an FCC license.
-4-
(3) Governance of Deployment in ROW
Access to Public ROW:
A. Agreement. Prior to installing any Communications Facility in a Public ROW, or
any Pole built for the sole or primary purpose of supporting a Communications
Facility, or any Tower, a Person shall enter into a License Agreement ("License
Agreement") with the Town, which shall be filed with the Onondaga County
Clerk's Office, expressly authorizing use of the Public Right of Way for the
Communications Facility, Pole or Tower proposed to be installed.
1. General Terms. The License Agreement shall include:
a. The term of the License Agreement shall be annual, which shall
renew automatically unless terminated hy the Town upon ninety
(90) days' written notice.
b. The License Agreement authorizes the Provider's non-exclusive
use of the Public ROW for the sole purpose of installing,
maintaining and operating Communications Facilities, including
any Pole buih for the sole or primary purpose of supporting the
Communications Facilities and any Tower, to provide the services
expressly authorized in the License Agreement, subject to
applicable Laws, this Chapter and the terms and conditions ofthe
License Agreement. The License Agreement authorizes use only
ofthe Public ROW in which the Town has an actual interest. It is
not a warranty of title or interest in any Public ROW and it does
not confer on the Provider any interest in any particular location
within the Public ROW. No other right is granted except as
expressly set forth in the License Agreement. Nothing herein shall
authorize the use of the Town's Poles, Towers, Support Structures,
or other structures in the Public ROW. All use of Town Poles,
Towers, Support Structures, and other structures in the Public
ROW shall require the execution of an "Attachment Agreement,"
and the payment of separate fees for such use.
c. The Provider shall, at its sole cost and expense, keep and maintain
its Communications Facilities, Poles, Support Structures and
Towers in the Public ROW in a safe condition, and in good order
and repair.
d. The Provider shall keep and maintain liability insurance in the
amount of $1,000,000 for each incident and an umbrella policy in
the amount of $5,000,000 for each Communication Facility in a
Public ROW. The Town shall be named an additional insured on
each policy on a primary, non-contributory basis. The Provider
shall provide the Town with proof of such insurance in a form
acceptable to legal counsel for the Town. Each insurance policy
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shall contain an endorsement obligating the insurance company to
furnish the Town with at least 30 days' written notice prior to the
cancellation of the insurance policy. The insurance policies shall
be issued by an insurance company licensed to do business in New
York State and shal! have a Best" s rating of at least A.
e. The License Agreement shall include the name and contact
information for the Provider to be called in cases of emergencies.
f Licensees using space in ducts, conduits and on Poles must comply
with the terms of this License Agreement, unless expressly
exempted by the Town.
g. The Town shall have the right to access books and records,
including audit rights, of the Provider to determine that all
applicable fees and payments have been made to the Town.
h. The Provider shall provide proof to the Town that it has a license
or authority from the owner to use an existing Pole, Tower or
Support Structure in the Public ROW for a Communications
Facility.
i. The terms and conditions set forth herein are not exclusive and the
Towu reserves the right to require additional terms and conditions
to the License Agreement.
2. Public ROW Construction and Installation Requirements.
a. ROW Permit.
(1) Unless expressly authorized in this Chapter or in writing by
the Town, no Person may construct, maintain or perform
any other work in the Publ i c RO W related to
Communications Facilities, Poles built for the sole or
primary purpose of supporting Communications Facilities,
or Towers without first receiving a Permit to the extent
required under this Chapter, and any other permit or
authorization required by applicable Laws.
(2) The Town shall not issue a Permit unless the Applicant, or
a Provider on whose behalf the Applicant is constructing
Communications Facilities, Poles or Towers, has executed
a License Agreement required by this Chapter, or otherwise
has a current and valid franchise with the Town expressly
authorizing use of the Public ROW for the
Communications Facilities, Poles or Towers proposed in
the Application, and all applicable fees have been paid.
b. Location of New^ Facilities.
(1) The Provider shall not locate or maintain its
Communications Facilities, Poles and Towers so as to
unreasonably interfere with the use of the Public ROW by
-6-
the Town, by the general public or by other persons
authorized to use or be present in or upon the Public ROW.
(2) Aboveground placement of new poles and equipment
cabinets shall meet the requirement set forth in this
Chapter.
(3) Unless otherwise agreed to in writing by the Town or
otherwise required by applicable Laws, whenever any
existing electric utilities or Communications Facilities are
located underground within a Public ROW, the Provider
with permission to occupy the same portion of the Public
ROW shall locate its Communications Facilities
underground at its own expense. The Town may, in its sole
discretion, approve aboveground placement of equipment
cabinets, pedestals and similar equipment. For facilities or
equipment such as Wireless Facilities that cannot, by their
nature, operate unless located above-ground, the Provider
and Town shall work to find a suitable location for such
facilities or equipment, which may be outside the Public
ROW.
c. Construction Standards. In performing any work in or affecting
the Public ROW. the Provider, and any agent or contractor of the
Provider, shall comply with the provisions of this Chapter and all
other applicable Laws.
d. Restoration Requirements.
(1) The Provider, or its agent or contractor, shall restore, repair
and/or replace any portion of the Public ROW that is
damaged or disturbed by the Provider's Communications
Facilities, Poles, Towers or work in or adjacent to the
Puhlic ROW as required in this Chapter and all other
applicable Laws.
(2) I f the Provider fails to timely restore, repair or replace the
Public ROW as required in this subsection, the Town or its
contractor may do so and the Provider shall pay the Town's
costs and expenses in completing the restoration, repair or
replacement.
e. Removal, Relocation and Abandonment.
(1) Within sixty (60) days following written notice from the
Town, the Provider shall, at its own 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 ROW, including relocation of
above-ground Communications Facilities underground
-7-
(consistent with the provisions of this Chapter), whenever
the Town has determined, in its sole discretion, that such
removal, relocation, change or alteration is necessary for
the construction, repair, maintenance, or installation of any
Town improvement, the operations of the Town in, under
or upon the Public ROW, or otherwise is in the public
interest. The Provider shall be responsible to the Town for
any damages or penalties it may incur as a result of the
Provider's failure to remove or relocate Communications
Facilities. Poles, Support Structures or Towers as required
in this subsection.
(2) The Town retains the right and privilege to cut or move any
Communications Facility, Pole, Support Structure or Tower
located within the Public ROW, as the Town may
determine, in its sole discretion, to be necessary,
appropriate or useful in response to any public emergency.
If circumstances permit, the Town shall notify the Provider
and give the Provider an opportunity to move its own
facilities prior to cutting or removing the Communications
Facility, Pole, Support Structure or Tower. In all cases the
Town shall notify the Provider after cutting or removing
the Communications Facility, Pole, Support Structure or
Tower as promptly as reasonably possible.
(3) A Provider shall notify the Town of abandonment of any
Communications Facility, Pole, Support Structure or Tower
at the time the decision to abandon is made, however, in no
case shall such notification be made later than thirty (30)
days prior to abandonment. Following receipt of such
notice, the Provider shall remove its Commimications
Facility, Pole, Support Structure or Tower at the Provider's
own expense, unless the Town determines, in its sole
discretion, that the Communications Facility, Pole, Support
Structure or Tower may be abandoned in place. The
Provider shall remain solely responsible and liable for all of
its Communications Facilities, Poles, Support Structures
and Towers until they are removed from the Public ROW
unless the Town agrees in writing to take ownership of the
abandoned Communications Facilities, Poles, Support
Structures or Towers. Upon the issuance of a Permit, the
Provider shall provide a removal bond in the amount
estimated for the removal of all of the Communication
Facilities that are the subject of an Application, such
estimated amount to be determined by the Code
Enforcement Officer, after consultation with the Engineer
for the Town.
(4) I f the Provider fails to timely protect, support, temporarily
or permanently disconnect, remove, relocate, change or
alter any of its Communications Facilities, Poles, Support
Structures or Towers or remove any of its abandoned
Communications Facilities, Poles, Support Structures or
Towers as required in this subsection, the Town or its
contractor may do so and the Provider shall pay all costs
and expenses related to such work, including any delay
damages or other damages the Town incurs arising from
the delay.
f As-builts and Maps - Maps showing the location of equipment in
ROW and as-builts after construction shall be provided to the
Town within thirty (30) days after completion of construction, in
conformance to the requirements of the Engineer for tbe Town.
B. Fees and Charges.
(1) Permit Application Fee. Every Applicant for a co-location
shall pay a Permit application fee of $500.00 for a single
up-front Application, which Application may include up to
five (5) Small Wireless Facilities, and $100.00 per
Application for each additional Small Wireless Facility
thereafter. The fee shall be paid upon submission of the
Application.
(2) Every Application for a new pole in the Public ROW shall
pay a Permit application fee of $1,000.00. The fee shall be
paid upon submission of the Application.
(3) License Agreement Fee. Every Person requesting a License
Agreement from the Town shall pay an administrative fee
of $340.00, which shall include the legal costs of drafting
such License Agreement.
(4) ROW Use Fee. In exchange for the privilege of non-
exclusive occupancy of the Public ROW, the Provider shall
pay the Town $270 per Small Wireless Facility, per year,
for as long as the License Agreement is effective. The
ROW Use Fee shall be due and payable within thirty (30)
days of issuance ofthe License Agreement.
(5) Attachment Fees. The Provider shall be subject to an
additional attachment fee of $500.00 if the Small Wireless
Facilities will be attached to property (either real or
personal) owned by the Town. No attachment wili be
allowed except after issuance of a Permit pursuant to an
Attachment Agreement.
-9-
(6) Other Fees. The Applicant or Provider shall be subject to
any other generally applicable fees of the Town or other
government body, such as those required for electrical
permits, building permits, or street opening permits, which
the Applicant or Provider shall pay as required in the
applicable Laws, as well as attachment fees for the use of
Town owned Poles, Towers, Support Structures, ducts,
conduits or other structures in the Public ROW, as set forth
in Attachment Agreements authorizing such use.
(7) No Refund. Except as otherwise provided in a License
Agreement, the Provider may remove its Communications
Facilities, Poles or Towers from the Public ROW at any
time, upon not less than thirty (30) days prior written notice
to the Town, and may cease paying to the Town any
applicable recurring fees for such use, as of the date of
actual removal ofthe facilities and complete restoration of
the Public ROW. In no event shall a Provider be entitled to
a refund of fees paid prior to removal of its
Communications Facilities, Poles or Towers.
(4) Permit Applications.
A. Permit Required. Unless expressly authorized in this Chapter or in writing by the
Town, no Person may construct, install or maintain in the Public ROW any
Communications Facilities or Poles built for the primary purpose of supporting
Communications Facilities, or Towers, including the installation or Collocation of
Communications Facilities on existing Poles, Towers, Support Structures or other
structures within the Public ROW, without first receiving a Permit.
Notwithstanding the foregoing, in the event of an Emergency, a Provider or its
duly authorized representative may work in the Public ROW prior to obtaining a
Permit, provided that the Provider shall attempt to contact the Town prior lo
commencing the work and shall apply for a Permit as soon as reasonably possible,
but not later than twelve (12) hours after commencing the Emergency work. For
purposes of this subsection, an "Emergency" means a circumstance in which
immediate repair to damaged or malfunctioning facilities is necessary to restore
lost service or prevent immediate harm to persons or property.
B. Permit Application Requirements. The Application shall be made by the Provider
or its duly authorized representative and shall contain the following:
1. The Applicant's name, address, telephone number, and e-mail address,
including emergency contact informaiion 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 ofthe Application.
3. A description of the proposed work and the purposes and intent of the
proposed facility sufficient to demonstrate compliance with the provisions
- 10-
of this Chapter. The Applicant shall state whether the Applicant believes
the proposed work is subject to Administrative Review or Discretionary
Review and if the Permit is an Eligible Facilities Request.
4. If applicable, a copy of the authorization for use ofthe 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 Communication
Facility.
6. To the extent the proposed facility involves Collocation on a Pole, Tower
or Support Structure, a structural report performed by a duly licensed
engineer evidencing that the Pole, Tower or Support Structure will
structurally support the Collocation (or that the Pole, Tower or Support
Structure will be modified to meet structural requirements) in accordance
with Applicable Codes.
7. For any new aboveground facilities or structures, accurate visual
depictions or representations, if not included in the construction drawings.
8. If new construction, a plan demonstrating how co-locations on the new
Pole, Tower or Support Structure would be possible for other Providers
who may wish to deploy small cell technology in the geographic area of
the subject Application.
C. Proprietary or Confidential Information in Application. Applications are public
records that may be made available pursuant to the New York State Freedom of
Information Law. Notwithstanding the foregoing, Applicant may designate
portions of its Application materials that it reasonably believes contains
proprietary or confidential information as "proprietary" or "confidential" by
clearly marking each portion of such materials accordingly, and the Town shall
treat the information as proprietary and confidential, subject to the requirements
of the New York State Freedom of Information Law^ and the Town's
determination that the Applicant's request for confidential or proprietary
treatment of Application materials is reasonable.
D. Ordinary Maintenance and Repair. A Permit shall not be required for Ordinary
Maintenance and Repair. The Provider or other Person performing the Ordinary
Maintenance and Repair shall obtain any other permits required by applicable
Laws and shall notify the Town in writing at least forty-eight (48) hours before
performing the Ordinary Maintenance and Repair.
E. Material Changes. The Town may require payment of an additional Permit
application fee in the event the Town determines, in its sole discretion, that
material changes to an Application after submission amount to a new Application
and will materially increase the time and/or costs of the Permit review process.
Unless otherwise agreed to in writing by the Town, any material changes to an
Application, as determined by the Town in its sole discretion, shall be considered
a new application for purposes of the time limits unless otherwise provided by
applicable Laws.
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F. Application Fees. Unless otherwise provided by applicable Laws, all Applications
pursuant to this Chapter shall be accompanied by the Required Fees.
G. Effect of Permit. A Permit from the Town authorizes an Applicant to undertake
only the activities in the Public ROW specified in the Application and Permit, and
in accordance with this Chapter and any general conditions included in the
Permit. A Permit does not authorize attachment to or use of existing Poles,
Towers, Support Structures or other stmctures in the Public ROW; a Permittee or
Provider must obtain all necessary approvals and pay all necessary fees from the
owner of any Pole, Tower, Support Structure or other structure prior to any
attachment or use. A Permit does not create a property right or grant authority to
the Applicant to interfere with other existing uses of the Public ROW.
H. Duration. Any Permit for construction issued under this Chapter shall be valid for
a period of ninety (90) days after issuance and can be extended for an additional
ninety (90) days upon written request ofthe Applicant, if the failure to complete
construction is a result of circumstances beyond the reasonable control of the
Applicant.
I. An Applicant may simultaneously submh up to five (5) Applications for
Communications Facilities, or may file a single, consolidated Application
covering a batch of not more than twenty (20) such Communications Facilities,
provided that the proposed Communications Facilities are to be deployed on the
same type of structure using similar equipment and within an adjacent, related
geographic area ofthe Town. If the Applicant files a consolidated application, the
Applicant shall pay the application fee calculated as though each Communication
Facility were a separate Application. No Applicant shall submit more than one
(1) consolidated application over a six (6) month period. The Code Enforcement
Officer has the discretion to determine whether a Provider is submitting a
consolidated Application through the submission of multiple single Small
Wireless Facilities.
(5) Administrative Review.
A. Permitted Use. The following uses within the Public ROW shall be permitted
uses, subject to Administrative Review and issuance of a Permh as set forth in
this Chapter §230-20 G.(3). All such uses shall he in accordance with all olher
applicable provisions of this Chapter, including without limitation, those set forth
in this chapter and the terms of any License Agreement. Administrative Review
will not be available for consolidated Applications or simultaneous Applications
for more than five (5) Communication Facilities.
1. Collocation of a Small Wireless Facility lhat does not exceed the
maximum 35 feet in height set forth in this Chapter or a Collocation that
qualifies as an Eligible Facilities Request.
2. Modification of a Pole, Tower or Support Structure or Replacement of a
Pole for Collocation of a Communications Facility where the modification
or Replacement quahfies as an Ehgible Facilities Request.
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3. Construction ofa new Decorative Pole or a monopole Tower (but no other
type of Tower) to be used for a Small Wireless Facility that does not
exceed the maximum height set forth, provided lhat there are existing
poles of similar height within one hundred (100) feel of either side of the
proposed new Pole or monopole Tower.
4. Construction of a Communications Facility, other than those set forth in
subsections (I), (2) or (3) in this Chapter, involving the installation of
coaxial, fiber-optic or other cabling, that is installed underground or
aboveground between two or more existing Poles or an existing Pole and
an existing Tower and/or existing Support Structure, and reialed
equipment and appurtenances.
B. Application Review.
1. The Town shall review the Application either under the Administrative
Review or Discretionary Review, as the case may be, and, if the
Application conforms with applicable provisions of this Section, the Town
shall issue the Permit, subject to the design standards set forth in this
Chapter.
2. Except as otherwise provided by applicable Laws, the Town shall:
a. Within ten (10) days of receiving an Application, notify the
Applicant if the Application is incomplete and identify the missing
information. The Applicant may resubmit the completed
Application within thirty (30) days without additional charge, in
which case the Town shall have ten (10) days from receipt of the
resubmitted Application to verify the Application is complete,
notify the Applicant that the Application remains incomplete or, in
the Town's sole discretion, deny the Application: and
b. Make its final decision to approve or deny the Application within
sixty (60) days for a collocation, and ninety (90) days for any new
structure, after the Application is complete (or deemed complete in
the event the Town does not notify the Applicant that the
Application or resubmitted Application is incomplete).
3. The Town shall advise the Applicant in writing of its final decision.
C. Maximum Height of Permitted Use. Small Wireless Facilities, and new, modified
or Replacement Poles, Towers and Support Structures in the Public ROW may be
approved through Administrative Review as provided in this Chapter only if the
following requirements are met:
1. Each new, modified or Replacement Pole, Tower or Support Structure
installed in the Public ROW shall not exceed thirty-five (35) feet in height.
2. New Small Wireless Facilities in the Public ROW shall not exceed thirty-
five (35) feet in height.
D. Design Standards. The Design Standards for Communication Facilities, Poles
built for the sole or primary purpose of supporting Communications Facilities, or
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Towers shall be adopted by the Town Board and shall be published on the official
Town Website and made available to all Applicants at their request or upon
submission of an Application. The design Standards must be strictly adhered to
shall constitute a condition precedent to the granting of any permitting pursuant to
the Local Law. The Design Standards shall be subject to change upon upon a
majority vote of the Town Board.
(6) Discretionary Review and Approval. All other uses within the Public ROW not
expressly set forth or referenced in this Chapter shall require compliance with, and issuance of, a
site plan approval pursuant to the Town Code. In determining the deployment and placement of
Communication Facilities, the Planning Board shall consider the following criteria and its impact
on the surrounding neighborhood during the Site Plan review process: (i) the design standards set
forth in this Chapter; (ii) the compatibility of further deployments and their potential impact on
the surrounding neighborhood; (iii) the potential for CoUocation of other Provider's
Communication Facilities; and, (iv) the density fulfillment needs of the neighborhood.
(7) General Public ROW Installation Requirements.
A. General Work Requirements.
1. General safety and compliance with Laws. The Permittee shall employ
due care during the installation, maintenance or any other work in the
Public ROW, and shall comply with all safety and Public ROW protection
requirements of applicable Laws, Applicable Codes, and any generally
applicable Town guidelines, standards and practices, and any additional
commonly accepted safety and Public ROW-protection standards,
methods and devices (to the extent not inconsistent with appiicable Laws).
2. Traffic control. Unless otherwise specified in the Permit, the Permittee
shall erect a barrier around the perimeter of any excavation and provide
appropriate traffic control devices, signs and lights to protect, warn and
guide the public (vehicular and pedestrian) through the work zone. The
manner and use of these devices shall be described within a traffic control
plan in accordance with the Uniform Manual of Traffic Control Devices.
The Pennittee shall maintain all barriers and other traffic control and
safety devices related to an open excavation until the excavation is
restored lo a safe condition or as otherwise directed by the Town.
3. Interference. The Permittee shall not interfere with any existing facilities
or structures in the Public ROW, and shall locate its lines and equipment
in such a manner as not to interfere with the usual traffic patterns
(vehicular or pedestrian) or with the rights or reasonable convenience of
owners of property that abuts any Public ROW.
4. Utility Locates. Before beginning any excavation in the Public ROW, the
Permittee shall comply with DIG SAFELY NEW YORK, INC.
B. Compliance with Permit.
I. All construction practices and activities shall be in accordance with the
Permit and approved final plans and specifications. The Town and its
representatives shall be provided access to the work site and such further
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information as they may require to ensure compliance with such
requirements. All work that does not comply with the Permit, the
approved plans and specifications for the work, or the requirements of this
Chapter, shall be removed at the sole expense ofthe Permittee. The Town
may stop work in order to assure compliance with the provision of this
Chapter.
2. In addition to obtaining a Permit for installation of a Communications
Facility, Poles built for the sole or primary purpose of supporting
Communications Facilities, or Towers in the Public ROW, an Applicant
must obtain all other required permits.
C. Mapping Data. The Permittee shall provide to the Town as-builts, in a format
designated by the Town or otherwise compatible with such format, showing the
location of Communications Facilities, Poles, Support Structures and Towers
upon completion ofthe permitted work.
(8) Attachment to and Replacement of Decorative Poles. Notwithstanding anything to the
contrary in this Chapter, an Applicant may not install a Small Wireless Facility on a Decorative
Pole, or replace a Decorative Pole with a new Decorative Pole unless the Town has determined,
in its sole discretion as part of the Administrative Review process, that each of the following
conditions has been met:
A. The Application qualifies for issuance of a Permit under this Chapter.
B. The attachment and/or the replacement Pole is in keeping with the aesthetics of
the Decorative Pole.
(9) General Design Guidelines
A. Compliance. All Communications Facilities shaU be designed, constrLicted,
operated, maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes, including, but not
limited to the most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, Nafional Electrical Code, the
Town of Clay Code, and any other applicable local, state, and federal rules and
regulations.
B. Underground Utilities. All service lines to the proposed Communications Facility
shall be underground if all other utilities in the immediate area are also
underground.
C. Power and Fiber Optic Supply.
a. Independent Power Source Required. Communications Facilities subject
to a License Agreement may not use the same power source providing
power for the existing facilities original to the purpose of the Support
Structure, unless specifically authorized by the owner of the Support
Structure and approved by the Town Engineer. An independent power
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source must be contained within a separate conduit on the existing Support
Structure.
b. Providers shall coordinate, establish, maintain and pay for all power and
communication coimections with private utilities.
D. Wiring, Cables and Conduit Requirements.
a. All wiring and cables must be housed and fully concealed within the steel
or other metal Support Structure pole and extended vertically within a
flexible conduit. In non-steel or solid Support Structures, all wiring and
cables must be fully concealed and appropriately protected and covered
with a material that matches the non-steel or solid Support Structure so as
not to be visible from public view.
b. Above ground wires, cables, connections and conduits are prohibited,
except as specified in this Design Guidehne Manual based on the Support
Structure.
c. Spools and/or coils of excess fiber optic or coaxial cables or any other
wires shall not be stored on the Pole except completely within the
approved enclosures or cabinets.
E. Lighting. Lighting associated with Communications Facilities is prohibited,
except when incorporated into new or existing approved decorative lighting poles
and/or streetlights. Any intemal lights associated with electronic equipment must
be shielded from public view.
F. Signage. Signage is prohibited on all Communicafions Facilities and Support
Structures, including stickers, logos, and other non-essential graphics and
information unless required by the FCC.
G. Work Permits. All Providers must obtain a work permit from the Town for any
activity described in this Chapter.
H. Public Safety Commtmications. SmaU Wireless Facilities shall not interfere with
public safety communications or the reception of broadband, television, radio or
other communication services enjoyed by the occupants of nearby properties.
I. Existing Support Structures.
J. Collocation Encouraged. The collocation of Communications Facilifies on
existing Poles, Towers and Support Structures is strongly encouraged to minimize
the extent of intrusion of redundant Support Structures within the Public ROW or
on private property. An entity seeking to place facilities in the Town shall
demonstrate co-location is not commercially, structurally and/or practically
feasible.
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K. Structural Integrity of Exisfing Support Structures.
a. The Town shall not authorize any attachments to Town-owned
infrastructure, Pole. Tower or Support Structure that negatively impacts
the structural integrity of said infrastructure, Pole, Tower or Support
Structure.
b. The Town may condition approval of the Collocation on replacement or
modification of the Communications Facility at the Provider's cost if the
Town determines that replacement or modificafion is necessary for
compliance with the construction and/or safety standards of the Town. A
replacement or modification of the Communications Facility shall
conform to the applicable design guideline(s) and the Town's applicable
specifications for the type of structure being replaced. The Town shall
retain ownership of a replacement Support Structure.
L. Maximum Pemiitted Height. For an existing Communications Facility or support
structure, the Antenna and any associated shroud or concealment material which
are permitted to collocate at the top of the existing Support Stmcture shall not
increase the height of the existing Support Structure by more than five feet (5') or
a total of thirty-five feet (35') from grade.
M. Reserved Space. The Town may reserve space for future public safety or
transportation uses in the Puhlic ROW or on a Pole, Tower or Support Structure
owned by the Town in accordance with an approved plan in place at the time an
Application is filed.
a. A reservation of space shall not preclude placement of a Pole or the
Collocation of a Communications Facility.
b. If replacement of the Town's Pole or Support Structure is necessary to
accommodate the Collocation of the Communications Facility and the
future use, the Provider shall pay for the replacement of the Pole or
Support Structure and shall design and construct the replacement Pole or
Support Structure in a manner that is able to accommodate the future use.
c. New Pole, Tower or Support Structures
N. Location.
a. Required Setbacks.
(1) The centerline of a new Pole, Tower or Support Structure shall be
installed in alignment with existing street trees and other poles
along the same Public ROW whenever possible.
(2) In no case shall a new Pole, Tower or Support Structure be located
less than what is required in the License Agreement from any of
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the road-way/face of curb, sidewalk, or shared use path as
measured to the nearest part of the Support Structure.
(3) New Poles, Towers or Support Structures shall be located a
minimum of six feet (6') from any permanent object, structure or
existing lawful encroachment into the Public ROW, or as
determined in the License Agreement.
(4) Support Structures for Small Wireless Facilities located outside of
the Public ROW shall be set back from the property line of the lot
on which it is located a distance equal to not less than the total
height of the facility, including the Support Structure, as measured
from the highest point of such Support Structure to the finished
grade elevafion ofthe ground on which it is situated, plus 10% of
such total height. The Planning Board may reduce such setback
requirements based upon consideration of lot size, topographic
conditions, adjoining land uses, landscaping, and other forms of
screening and/or structural characteristics of the proposed Support
Structure.
b. Required Spacing. A minimum of three hundred linear feet (300 l . f )
between Poles, Towers. Support Structures or Communication Facilities is
required. To the extent feasible, any new or replacement Pole, Tower or
Support Structure constructed in the Public ROW shall be located at the
property line between two (2) residentially zoned properties and not in the
direct line of site from the front of a residential structure.
c. Placement of Poles Between Property Lines. When feasible, all poles
shall be installed as close to the adjoining property line as possible, unless
not feasible, to curtail impacts on primary structures.
O. Maximum Permitted Height For a new Support Structure in all districts, the
overall height of the Pole, Tower and Support Structure and any collocated
Antennas shall not be more than thirty-five feet (35') in height above established
grade measured at the base of the Support Structure.
P. Design Requirements.
a. Shape and Dimensions. All new Poles, Towers or Support Structures shall
be constructed of solid hot-dipped galvanized steel and shall be round with
the Pole shaft tempered in diameter from the base to the top with a
maximum of twelve inches (12") at the base.
b. Aesthetics. In appropriate locations and districts, decorative poles shall be
utilized to complement the existing character of the applicable corridor of
the Town.
-1;
c. Transformer Base. All new Poles, Towers or Support Structures shall
include a one-piece cast aluminum alloy transformer base in a breakaway
design, consistent with engineering standards subject to the Engineer for
the Town's review and approval.
d. Foundation/Footer.
(1) All new Poles, Towers or Support Structures shall be supported
with a reinforced concrete foundation or footer that is designed by
a professional engineer, subject to the Engineer for the Town's
review and approval.
(2) Anchor bolts must be constructed from steel (high strength) per
ATSM A36, threaded (J-Type/L-Type), hot dip galvanized steel
per ODOT CM Item No. 711.02, and in a strength and diameter
recommended by a professional engineer, subject to the Engineer
for the Town's review and approval.
(3) All anchor bolts must be concealed from public view with an
appropriate Pole boot or cover, powder coated to match the Pole,
Tower or Support Structure.
e. Color. New Poles, Towers or Support Structures, including the breakaway
transfomier base, shall have a powder coated finish in dark earth tone
colors such as dark green, dark brown, gray, or black, consistent with the
color of other Poles, Towers or Support Structures in the immediate
vicinity, unless other colors are approved by the Town.
Q. Multiple Requests. If multiple requests are received by the Town to install two
(2) or more Poles. Towers or Support Structures that result in the violation ofthe
applicable spacing requirements outlined herein, or to collocate two (2) or more
Communications Facilities on the same Pole. Tower or Support Structure, the
Town may resolve conflicting requests through whatever reasonable and
nondiscriminatory manner it deems appropriate.
R. Alternate Location. The Town reserves the right to propose an alternate location
to any proposed location of a new Pole, Tower or Support Structure, that is within
one hundred feet (100') of the proposed location or within a distance that is
equivalent to the width of the Public ROW in or on which the new structure is
proposed, whichever is greater, which the Provider shall use if it has the right to
do so on reasonable terms and conditions and the alternate location does not
impose technical limits or significant additional costs.
S. Waiver.
a. A Provider may seek a waiver from the Planning Board of the
undergrounding or altemative location requirements for the placement ofa
new Pole, Tower or Support Structure to support Communications
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Facilities if the Provider is unable to achieve its service objecfive using a
Communications Facility under the following circumstances:
(1) From a location in the Public ROW where the prohibifion does not
apply;
(2) In a utility easement the Provider has the right to access; or
(3) In or on other suitable locations or structures made available by the
Town subject to reasonable rates, fees, and terms.
b. The Town shall process waivers in a reasonable and nondiscriminatory
manner that does not have the effect of prohibiting the provision of
Wireless Services.
T. Antenna.
U. Location. All Antenna to be installed on new or existing Poles, Towers or
Support Structures shall be mounted fiush to the top of the Pole, Tower or
Support Stmcture and aligned with the centerline of the Pole, Tower or Support
Structure, unless otherwise agreed to by the Town based on the specific context
and characteristics of the Communications Facility.
V. Size. Each Antenna shall be located entirely within an enclosure of not more than
three cubic feet (3 ft^) 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
enclosure of not more than twelve cubic feet (12ft-*)in volume.
W. Design.
a. Shape. Antennas shall be cylindrical in shape or shali be located entirely
within a cylindrical canister or shroud.
b. Color. Exposed Antennas and Antenna enclosures shall match the color
specifications of the Pole. Tower or Support Structure, unless other colors
are approved by the Town.
X. Small Wireless Facilities Installed on Support Structures.
Y. Size. Exclusive of the Antenna, all wireless equipment associated with the
Communications Facility shall not cumulatively exceed twenty-eight cubic feet
(28 ft^) in volume. The calculation of equipment volume shall not include electric
meters, concealment elements, telecommunications demarcation boxes, grounding
equipment, power transfer switches, cut-off switches, and vertical cable runs for
the connection of power and other services.
-20-
Z. Equipment Enclosures. All Communications Facilities mounted to Poles, Towers
or Support Stmctures or located on the ground shall be fully contained within
enclosures or cabinets.
AA. Required Clear Height. All Communicafions FaciUties mounted to a Pole, Tower
or Support Structure shall provide a minimum often feet (10') of clear space on
the Pole as measured from established grade to the lowest point of any
facility/equipment cabinets or concealment apparatus mounted to the Pole, Tower
or Support Stmcture.
BB. Maximum Horizontal Offset from Support Structure. Communications Facility
equipment cabinets or enclosures shall not extend more than ten inches (10")
beyond the Pole, Tower or Support Structure centerline in all directions.
CC. Design.
a. Cabinet or Enclosure Shape. Communications Facility equipment
cabinets or enclosures shall be rectangular in shape, with the vertical
dimensions being greater than the horizontal. Generally, the cabinet or
enclosure shall be no wider than the maximum diameter of the Support
Structure.
b. Installation. All Pole mounted equipment cabinets or enclosures must be
installed as flush to the Pole as possible. Any installation brackets
connecting the cabinets or enclosure to the Pole shall not extend more than
two inches (2") from the Pole and shall include metal flaps (or wings) to
fully conceal the gap between the cabinet and Pole.
c. Color. Cabinets or enclosures shall match the color specification of the
Pole, Tower and/or Support Structure, unless other colors are approved by
the Town.
DD. Groimd Mounted Small Wireless Facilities.
EE. Location.
a. Required Setbacks.
(1) In no case shall ground mounted Small Wireless Facilities be
located no less than required in the License Agreement from the
road-way/face of curb, sidewalk, or shared use path as measured to
the nearest part of the cabinet or enclosure.
(2) Ground mounted Communications Facilities and associated
required screening or shrouding shall be located a minimum of six
feet (6') from any permanent object or existing lawful
encroachment into the Public ROW.
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FF. Size. All Communications Facility equipment shall not cumulatively exceed
twenty-eight cubic feet (28ft^)in volume. The calculafion of equipment volume
shall not include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and other services.
GG. Maximum Permitted Height. The maximum height for ground mounted
Communications Facilifies shall not exceed two and one-half feet (21/2') as
measured from established grade at the base ofthe facility.
HFI. Equipment Enclosures Required. All ground mounted Communications Facilities
shall be fully contained within enclosures or cabinets.
II. Design Requirements.
a. Concealment. Ground-mounted equipment shall incorporate concealment
elements into the proposed design matching the materials of the Support
Structure, unless other materials are approved by the Village.
Concealment may include, but shall not be limited to, landscaping,
strategic placement in less obtrusive locations. Landscaping concealing
equipment enclosures shall be planted in such quantity and size such that
100% screening is achieved within two (2) years of installation.
Landscaping shall be continuously maintained but shall not result in over-
growth of the public right-of-way area and shall minimize its presence
while achieving the goal of screening.
b. Concrete Pad or Slab. In accordance with state and local standards
approved by the Code Enforcement Officer.
c. Breakaway Design. All objects placed within the Public ROW shall
feature breakaway design.
d. Color. Ground mounted Communication Facility cabinets and enclosures
shall ha\'e a powder coated finish in dark earth tone colors such as dark
green, dark brown, gray, or black, unless other colors are approved by the
Village.
JJ. Construction and Safety Requirements.
KK. Approval of the collocation, replacement or modificafion of a Pole, Tower or
Support Structure is conditioned upon the Provider's assumption of costs if the
Town determines such is necessary for compliance with its written construction or
safety standards.
LL. Prevention of failures and accidents. Any Provider who owns a Communications
Facility sited in the Public ROW or upon Town-owned property shall at all times
employ ordinar\ and reasonable care and shall install maintain and use nothinu
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less than the best available technology for preventing failures and accidents which
are likely to cause damage, injury, or nuisance to the public.
MM. Comphance with fire safety and FCC regulafions. Communications Facilities,
wires, cables, fixtures, and other equipment shall be installed and maintained in
compliance with the requirements of the National Electric Code, all FCC, state,
and local regulations, and in such manner that will nol interfere with the use of
other property, public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants of nearby
properties.
NN. Wind and Ice. All Communicafions Facilities shall be designed to withstand the
effects of wind gusts and ice to the standard designed by ANSI, as prepared by the
engineering departments of the Electronics Industry Association, and
Telecommunications Industry Association (ANSI/ EIA/ TlA-222, as amended).
00. Surety bond or equivalent financial tool for cost of removal. All Providers shall
procure and provide to the Town a renewable bond, or shall provide proof of an
equivalent financial mechanism, which may include a funds set-aside and a letter
of credit, to ensure compliance with all provisions of these Standards and
Guidelines. The renewable bond or equivalent tlnancial method shall cover the
cost to remove unused or abandoned Small Wireless Facilities or damage to Town
property caused by a Provider or its agent for each Communications Facility
which the Provider installs in the Public ROW or upon Town-owned property.
PP. Indemnify and Hold the Town Flarraless. Any Provider who owns or operates a
Communications Facility or a Pole, Tower or Support Structure in the Public
ROW or upon Town-owned property shall, to the fullest extent permitted by law,
indemnify, protect, defend, and hold the Town and its elected officials, officers,
employees, agents, and volunteers harmless from any and all penalties, damages,
costs, or charges arising out of any and all claims, suits, demands, causes of
action, or award of damages, whether compensatory or punitive, or expenses
arising therefrom, either at law or in equity, which might arise out of, or are
caused by, the placement, construction, erection, modification, location, product
performance, use, operation, maintenance, repair, installation, replacement,
removal, or restoration of said facility. With respect to the penalties, damages or
charges referenced herein, reasonable attorneys' fee, consultants' fees and expert
witness fees are included in those costs that are recoverable by the Village.
QQ. Said Provider shall also hold the Town and/or its agent(s) harmless in the event
any action by the Town and/or its agent(s) negligently or recklessly disrupts,
destroys, and/or incapacitates the small cell facility or wireless support structure
situated in the Public ROW or Town-owned property in accordance with these
Design Guidelines and Standards.
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(10) Violation of this Chapter. Violafion of any ofthe provisions of this Chapter shall be a
violation punishable with a ci\ il penalty of $250.00 for each violafion. Each day that a violation
occurs or is pennitted to exist by the Applicant or Provider constitutes a separate offense for
which no further notice of any kind needs to be tiled.
(11) THE EFFECTIVE DATE.
This local law shall take effect upon the filing with the Secretary of State.
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