[Adopted 12-13-2019 by Ord. No. 196-19
This chapter is authorized by § C-4B, Subsections
(3),
(29), (34), and (35) of the Town Charter.
The purpose of this article is to establish uniform policies
and procedures for the deployment and installation of small wireless
facilities in or on rights-of-way within the Town of South Bethany's
jurisdiction, in the interests of the public health, safety, welfare,
integrity and interests of the Town of South Bethany and its residents,
and in compliance with requirements under federal law governing wireless
infrastructure.
The terms below, as used herein, shall have the following meanings:
ABANDONMENT or ABANDON(S)
Following the placement of small wireless facilities (and
associated accessory equipment) or support structures in the Town
pursuant to a permit issued to a provider or an applicant, the facility
shall be considered abandoned if any of the following has occurred:
(1) for any reason the facilities cease to be used to transmit signals,
data or messages or otherwise be used for their intended purposes
for a period of greater than 180 days; (2) the Town revokes the permit
for placement and use of those facilities due to nonpayment of applicable
fees or other authorized reason; (3) the failure of the provider or
applicant to comply with conditions in the permit or in this article;
or (4) the provider or applicant fails to perform any of its responsibilities,
obligations and requirements in this article or in a permit that relate
to the installation, construction, maintenance, use or operation of
the facilities, accessory equipment or support structures, and that
breach remains uncured for a period of 60 days after the Town provides
written notice of the breach to the provider or applicant.
ACCESSORY EQUIPMENT
Any equipment other than an antenna that is related to and
used in conjunction with small wireless facility arrangements. This
equipment may be attached to or detached from a small wireless facility
support structure, and includes, but is not limited to, cabinets,
optical converters, power amplifiers, radios, DWDM and CWDM multiplexers,
microcells, radio units, fiber optic and coaxial cables, wires, meters,
pedestals, power switches, and related equipment on a support structure.
The term does not include the structure of improvements on, under,
or within which the equipment is collocated, wireline backhaul facilities,
coaxial or fiber optic cable that is between wireless support structure
or utility poles or coaxial or fiber optic cable that is otherwise
not immediately adjacent to, or directly associated, with an antenna.
ANTENNA
Communications equipment that transmits and receives electromagnetic
radio signals, pursuant to FCC authorization, is attached to a small
wireless facility support structure and is used to communicate wireless
service. Each individual antenna shall be no more than three cubic
feet in volume.
APPLICANT
Whether singular or plural, a personal wireless service provider,
wireless infrastructure provider, or an entity (including one that
is not a provider) that is authorized by a personal wireless service
provider to apply for or receive a permit to install, construct, manage,
modify or maintain a small wireless facility and related accessory
equipment or support structure in the Town, or an entity certificated
by the Delaware Public Service Commission to provide telecommunication
service.
APPLICATION
A formal, written request submitted to the Town for a permit
to install, deploy, construct, collocate, modify or maintain a small
wireless facility and related accessory equipment or support structure.
COLLOCATION
The placement or installation of antenna(s), a new small
wireless facility or related accessory equipment on an existing pole
or other support structure that is owned, controlled or leased by
a utility, the Town, or other person or utility.
DEPLOYMENT
Placement, construction, or modification of a small cell
wireless facility.
PERMIT
A written authorization required by and/or granted by the
Town to perform an action or initiate, continue or complete a project.
PRIVATE PROPERTY
Real property located in the Town that does not lie within
the right-of-way.
RIGHT-OF-WAY
Whether singular or plural, the surface and space in, upon,
above, along, across, over and below any public street, highways,
roads, alleys, sidewalks, and bicycle lanes, including all public
easements, as the same now or may hereafter exist that are within
the Town's corporate boundaries and under the control and jurisdiction
of the Town. This term shall not include state or federal rights-of-way
or any property owned and controlled by any person or entity other
than the Town.
SMALL WIRELESS FACILITY SUPPORT STRUCTURE or SUPPORT STRUCTURE
Whether singular or plural, a freestanding structure designed
or used to support, or capable of supporting, small cell wireless
facilities, including, but not limited to, utility poles, street light
poles, traffic signal structures, rooftops, attics, or other enclosed
or open areas of a building or accessory structure, a sign, or a flag
pole. Such structures shall be subject to the size limitations as
described herein.
SMALL WIRELESS FACILITY/FACILITIES
A.
A network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure, commonly referred to as "small cell" or "small
wireless." A small wireless facility means a wireless facility that
meets the following qualifications, or such definitions or qualifications
as may be codified from time to time by the Federal Communications
Commission:
(1)
Each antenna is no more than three cubic feet in volume; and
(2)
All associated wireless equipment associated with the facility
is cumulatively no more than 28 cubic feet in volume; and
(3)
The facility(ies) shall be:
(a)
Mounted on structure(s) measuring 50 feet in height or less,
including antennas, which structure(s) shall be no more than 10% taller
than other adjacent structures; or
(b)
Mounted on existing structure(s) where the addition of the facility(ies)
does not extend the structure to a height of more than 50 feet or
by more than 10%, whichever is greater.
B.
Whether singular or plural, includes the following types of
structures: antenna; and associated accessory equipment, used for
the provision of personal wireless service.
TOWN
The Town of South Bethany, Delaware
TOWN COUNCIL
The Town Council of the Town of South Bethany, Delaware.
WIRELESS INFRASTRUCTURE PROVIDER
Any person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, facilities or support structures, but that
is not a provider.
The Town’s intent is to promote the public interest that
is served by collocating facilities and associated accessory equipment
on existing support structures and thereby mitigating the installation
of additional support structures throughout the Town.