[HISTORY: Adopted by the Board of Trustees
of the Village of Hamburg 4-15-2019 by L.L. No. 3-2019. Amendments noted where applicable.]
The purpose of this chapter is to establish uniform policies
and procedures for the deployment and installation of small cell wireless
telecommunications facilities ("small cell facility") in the Village
of Hamburg, which will provide a public health, safety, and welfare
benefit consistent with the preservation of the integrity, safe usage,
and visual qualities in the Village. Any installation of a small cell
facility shall require either a special permit from the Board of Trustees
or a small cell permit from the Planning Commission.
A.
Special use permit approval by the Village Board is required under
for the following uses. All special use permit applications must comply
with the notice requirements set forth in § 250-19A.
(1)
A substantial change to an existing tower or base station, unless the Building Inspector has determined it is a modification to be reviewed by the Planning Board pursuant to § 191-2B(2).
(2)
Any other application for placement, installation, co-location or
construction of transmission equipment that does not constitute an
eligible facilities request.
(3)
Installation of a new tower over 50 feet in height.
(4)
Placement of a new antenna on an existing tower or base station that
results in a substantial change to the tower or base station.
(5)
Installation of equipment located on a sidewalk.
(6)
Installation of equipment on a pole, located at an elevation less
than 15 feet from the ground.
(7)
Installation of a small cell facility on a pole located within 20
feet of a dwelling unit.
B.
Small cell permit from the Planning Board.
(1)
No person shall install a small cell facility without first filing
a small cell facility application and obtaining a small cell permit
from the Planning Commission.
(2)
The Planning Commission shall approve a small cell permit application
concerning any eligible facilities request for modification of an
eligible support structure that does not substantially change the
physical dimensions of such structure. An applicant shall assert in
writing that its request is considered an eligible facilities request.
The Planning Commission may require the applicant to provide documentation
or information only to the extent reasonably related to determine
whether the request meets the requirements of an eligible facilities
request.
(3)
The Planning Commission may issue a permit for the following:
(a)
Co-location of a small cell facility or DAS facility on an existing
tower, utility pole or streetlight not exceeding 50 feet in height
on public or private property. Co-location of a small cell facility
or DAS facility on an existing tower, utility pole or streetlight
exceeding 50 feet in height shall require special permit approval.
(b)
Co-location on existing buildings within the Village of Hamburg.
(c)
Installation of a monopole or utility pole for a small cell
or DAS facility in the public right-of-way that does not exceed 50
feet in height.
(4)
Small cell permit application for Planning Commission approval.
(a)
The small cell permit application shall be made by the wireless
telecommunications provider or its duly authorized representative
and shall contain the following:
[1]
The applicant's name, address, telephone number, and e-mail
address.
[2]
The names, addresses, telephone numbers, and e-mail addresses
of all consultants, if any acting on behalf of the applicant with
respect to the filing of the application.
[3]
A general description of the proposed work and the purpose of
the work proposed.
[4]
Identify and disclose the number and locations of any small
cells that the applicant has installed or locations the applicant
has considered in the past year for small cell infrastructure within
the Village and those submitted or anticipated to be submitted within
a one-year period.
[5]
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance.
[6]
Any amendment to information contained in a small cell permit
application shall be submitted in writing to the Village within 30
days after the change necessitating the amendment.
(5)
A wireless telecommunications provider shall pay to the Village an
application fee and administrative fee as set forth in this chapter.
(6)
A wireless telecommunications provider is authorized, after 30 days'
written notice to the Village Building Inspector, to remove its facility
at any time from the rights-of-way and cease paying the Village the
administrative fee.
Location of a small cell facility approved by the Planning Commission:
A.
The following locational priorities shall apply in the order specified,
consistent with the Village's obligation to create the least
amount of adverse aesthetic impact and to preserve the scenic values
of the Village:
(1)
On the roof of any Village-owned or federal, state or local government-owned
buildings or structures.
(2)
Location on privately owned buildings.
(3)
Location on an existing Village-owned utility pole.
(4)
Location on Village-owned infrastructure on private poles.
(5)
Location on Village-owned property, where there is no existing pole.
(6)
Location on privately owned utility poles.
B.
If the proposed site is not the highest priority listed above, then
a detailed explanation must be provided as to why a site of higher
priority was not selected. The person seeking such an exemption must
satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed use.
In order to ensure that the limited private use of the public
right-of-way authorized herein does not become an additional cost
to the Village, it is hereby determined by the Village Board that
the following fees shall be charged to small cell permit applicants
and small cell permit holders:
A.
Small cell permit application fee: shall be $250 (nonrefundable)
due to the Village Building Department upon submittal of a completed
application for review.
C.
Fee start date. The annual permit fee shall be payable January 2
of the year following installation. Failure to pay the annual permit
fee shall result in the imposition of a 5% penalty fee, additional
co-location fees if necessary, and suspension or revocation of the
permit.
Planning Commission requirements as to aesthetics and neighborhood
impact mitigation for small cell permits:
A.
In order to preserve the character and integrity of Village neighborhoods,
the Village Board finds that the following requirements are essential
to protect the public health, safety and welfare, and scenic preservation:
(1)
New small cell facilities shall not be located in the Historic District, unless the applicant demonstrates to the Planning Board's satisfaction that the selected site is necessary to provide adequate service. The applicant will be required to receive approval from the Historic District Commission pursuant to Chapter 44 of the Village Code.
(2)
New small cell facilities shall include stealth technology designs,
unless the Planning Commission makes a written determination that
such designs are not feasible.
(3)
The Planning Commission may consider alternative locations for equipment,
whether pole-mounted or ground-mounted.
(4)
All small cells placed on any roof shall be set back at least 15
feet from the edge of the roof along any street frontage, unless the
Planning Commission makes a written determination waiving the setback
requirement.
(5)
The Planning Commission shall consider all impacts to sight lines
and aesthetic views.
(6)
Except within the public right-of-way, all proposed poles, pole equipment
and enclosures shall comply with the designated setback requirements.
(7)
Up to three small cells will be allowed per utility pole if technically
feasible and if, in the determination of the Planning Commission,
there are no safety or aesthetic concerns. Small cells must be designed
and placed in an aesthetically pleasing manner to the reasonable satisfaction
of the approving agency.
(8)
No small cell placement shall be allowed on ornamental streetlighting
poles as determined by the Building Inspector.
(9)
No small cell facilities shall obstruct pedestrian or vehicular traffic
in any way.
(10)
In no event shall any utility pole or wireless telecommunications support structure as of January 1, 2019, installed in the public right-of-way, exceed 50 feet in height, unless special permit approval is obtained from the Board of Trustees pursuant to § 191-2A(3). A shorter pole may be required if the initial proposal is deemed out of character of with the neighborhood as determined by the Planning Commission.
(11)
Each new small cell facility, including antennas or other associated equipment, installed in the public right-of-way shall not exceed more than 10 feet above the existing utility pole or wireless telecommunications support structure on which it is being located, unless special permit approval is obtained from the Board of Trustees pursuant to § 191-2A(3).
The Secretary of the Planning Commission shall forward a copy
of the Planning Commission decision to the Village Clerk/Treasurer
to allow the Village to better assess the utility infrastructure for
wireless telephone facilities.
Construction pursuant to a small cell permit issued by the Planning
Commission under this chapter must be commenced within 12 months of
issuance of the small cell permit and diligently pursued thereafter,
or such small cell permit shall expire.
An application shall not be required for:
Any amendment to information contained in a small cell building/work
permit application shall be submitted in writing to the Village within
30 days after the change necessitating the amendment. On an annual
basis, the wireless telecommunications provider shall provide a list
of existing small cell locations within the Village.
Removal, relocation or modification of a small cell facility
in the public right-of-way:
A.
Notice. Within 90 days' following written notice from the Village,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any small facilities within the public right-of-way
whenever the Village has determined that such removal, relocation,
change or alteration is necessary for the construction, repair, maintenance,
or installation of any Village improvement in or upon, or the operations
of the Village in or upon, the public right-of-way.
B.
Abandonment of facilities. Upon abandonment of a small facility within
the public rights-of-way of the Village, the wireless provider shall
notify the Village within 90 days. Following receipt of such notice,
the Village may direct the wireless provider to remove all or any
portion of the small cell facility if the Village, or any of its departments,
determines that such removal will be in the best interest of the public
health, safety and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequency signals. Such waves shall
include, but not be limited to, radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
A structure or equipment at a fixed location that enables
Commission-licensed or -authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower, as defined in this section, or any equipment associated with
a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services, such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Village of Hamburg pursuant to this chapter, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station, as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Village of Hamburg.
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A "small cell facility" meets both the following qualifications:
Each antenna is located inside an enclosure of no more than
six 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 six cubic feet; and
All other wireless equipment associated with the facility is
cumulatively no more than 17 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, cut-off switch, and vertical cable runs for the connection
of power and other services.
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
The mounting of the proposed antenna on existing towers, other
than towers in the public rights-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater;
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public rights-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services, such as microwave backhaul, and the associated
site.
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, including Village-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small cell telecommunications
facilities on utility poles in the public right-of-way or property
of the Village of Hamburg or of another municipal corporation within
the Village of Hamburg and similar structures that employ camouflage
technology, including, but not limited to, structures such as a multistory
building, church steeple, silo, water tower, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It is a structure intended for
transmitting and/or receiving radio, television, cellular, personal
telecommunications services, commercial satellite services or microwave
telecommunications, but excluding those used exclusively for dispatch
telecommunications, or exclusively for private radio and television
reception and private citizens bands, amateur radio and other similar
telecommunications.
The provisions of this chapter are separable; and if any provision,
clause, sentence, subsection, word or part thereof is held illegal,
invalid or unconstitutional, or inapplicable to any person or circumstance,
such illegality, invalidity or unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this chapter or their application
to other persons or circumstances. It is hereby declared to be the
legislative intent that this chapter would have been adopted if such
illegal, invalid or unconstitutional provision, clause, sentence,
subsection, word or part had not been included therein and if such
person or circumstance to which the chapter or part hereof is held
inapplicable had been specifically exempt therefrom.
This chapter shall take effect immediately.
