City of Jamestown, NY Small Cell Infrastructure

City: Refers to any attachments made on City-of-Jamestown-owned infrastructure.

BPU: Refers to any attachments made on City of Jamestown BPU-owned infrastructure.

Private/Third party: Refers to any attachments made on any infrastructure that is not owned by the City or BPU.

Summary of City permits or licenses required.

Attachment Type	ROW Work Permit Required?	City Attachment License Required?	BPU Attachment License Required?	Small Cell Permit Required?
City-owned - poles	Yes*	Yes
City-owned - buildings		Yes
BPU-owned - wood poles	Yes*		Yes
BPU-owned - decorative light poles	Yes*		Yes
BPU-owned - buildings			Yes
3rd-party-owned - poles/infrastructure in ROW	Yes*			Yes
Street amenities	Yes*			Yes
Small cell on private property	No			Yes**

NOTES:
*	Required each time work is being performed in the City right-of-way (ROW) unless covered by annual ROW work permit agreement.
**	Additional zoning rules may apply.

Application process.

Contact the Jamestown Department of Public Works for a copy of the current permit application for any proposal for the placement of small cells other than attachments to the BPU infrastructure.

All permits and licenses will require review to ensure adherence to these guidelines and all other applicable standards, regulations, and laws.

Applicants will be notified if their application is not consistent with these guidelines, with reasons why their application is not consistent, and, at such time, the applicant will have an opportunity to revise their application and resubmit.

Prior to commencing any work on the small cell sites, the applicants are obligated to also apply for and receive either an approved permit to excavate in the right-of-way (for a new pole or any work requiring excavating in the right-of-way) or a street occupancy permit (for work not requiring any excavation).

(5)

Significant proposed changes to the appearance of existing infrastructure will be grounds for the City to reject a permit application.

Attaching to City infrastructure. Small cell permits are not required to attach to City infrastructure. However, small cell licenses are required. In order to obtain licenses needed to mount equipment to City-owned infrastructure, the applicant must enter into a master license agreement with the City. The purpose of the master license agreement is to streamline the processes for applicants and to define the additional various legal and technical requirements required for mounting to City-owned assets. Individual attachments will then be licensed per that agreement in a more efficient fashion. Please contact the Jamestown Department of Public Works for more information.

Attaching to BPU infrastructure. Small cell permits are not required to attach to BPU infrastructure. However, pole licenses with the BPU are required. In order to obtain licenses needed to mount equipment to BPU-owned infrastructure, the applicant must enter into a pole attachment agreement with the BPU. The purpose of the pole attachment agreement is to streamline the processes for applicants and to define various legal and technical requirements for mounting to City-owned poles as well as agreement on the rate structure. Individual attachments will then be licensed per that agreement in a more efficient fashion. Please contact Jamestown BPU for more information.

Attaching to other infrastructure. For all other locations where the applicant is not mounting to City of Jamestown or Jamestown Board of Public Utilities infrastructure, the applicant will need to obtain a small cell permit through the City of Jamestown's Department of Public Works. This includes new freestanding poles, mounting to buildings, and existing third-party-owned poles.

Notification of surrender.

To surrender a permit or City license, please contact the Jamestown Department of Public Works for the appropriate form.

To surrender a BPU license, please contact the Jamestown BPU.

Removed, destroyed, replaced, or relocated facilities. Permits for facility or support structures will be voided if the facility or support structure is destroyed, removed, relocated, or replaced, by the owner unless:

The owner of the collocated facility obtains a new permit; or

The facility or support structure accommodating a collocation is replaced with a facility or support structure comparable in size, mass, appearance, and placement as determined by this chapter and approved by Director of Public Works.

§ 247-4 Siting requirements.

Collocation. Collocation refers to facilities or support structures owned by parties other than the permit holder. Where an existing facility or support structure within 10 feet of a proposed new pole location can potentially accommodate collocation of a new wireless facility, collocation will be required unless:

The applicant submits compelling evidence supporting the technical unsuitability of the collocation; evidence may include documentation or a map showing that the specific location available for collocation does not meet the needs of the provider; or

The applicant certifies that the owner of the existing facility or support structure is unwilling to accommodate the applicant's equipment or is imposing financially or commercially unreasonable conditions.

Obstruction of traffic.

All equipment and support structures must be installed without obstruction, impediment, or hindrance to vehicular, pedestrian, or bicycle travel, inclusive of the most current ADA guidelines. A clear pedestrian path must be maintained at all locations.

As per § 300-0205 of the City Code, for every corner lot, no sign, fence, wall, shrub planting or tree foliage which obstructs vision, or is three feet to seven feet above the street level, is required to be placed or maintained within the triangular area formed by the intersecting property lines and a straight line joining such property line at points which are 30 feet distant from the point of intersection measured along such property line. Authority to enforce this regulation lies with the Department of Public Works. Small cells will be required to follow this code.

Obstruction of maintenance activities. A facility, support structure, tower, or utility pole must be located and designed without interference with right-of-way maintenance activities, including, but not limited to:

Grass mowing, brush collection, tree trimming, and landscaping.

Trash collection.

Maintenance of streets, pavement, sidewalks, and bicycle lanes.

Maintenance of other facilities in the rights-of-way, such as poles, hydrants, bike racks, control cabinets, etc.

Alignment. New facilities and support structures, towers, and utility poles must be located in alignment with existing trees, facilities, support structures, towers, utility poles, and streetlights, and must be spaced evenly between any of these other objects per approval by the Director of Public Works.

Frequency of installations. Small cell facilities must adhere to minimum spacing requirements, as shown in the table in this section. Spacing distances are determined with respect to existing small cells owned by same carrier.

Outside Areas of Special Interest				Inside Areas of Special Interest
Blockface Length Intervals (feet)	Number of Small Cell Facilities Permitted per Blockface per Carrier	Minimum Distance Between Facilities on Same Blockface (feet)	Number of Small Cell Facilities Permitted per Blockface	Minimum Distance Between Facilities on Same Blockface (feet)	Limit per Carrier Block
0 to 150	1	N/A	1	N/A	2
151 to 300	1	N/A	1	N/A	2
301 to 450	2	100	1	N/A	2
451 to 600	2	100	2	120	2
601 to 750	3	100	2	150	2
Over 750	3	100	2	200	2

Frontage. New facilities and support structures, towers, and utility poles must be located at or near the boundary of property line and must avoid obstruction of a building entrance or window.

Minimum spacing.

Object	Required Minimum Spacing (feet)
Curb	2.5 to face of curb
Mainline sidewalk	1.5
Bike path	2
Pavement edge (unimproved streets)	4
Residential driveway	6
Commercial driveway	10
Streetlight	10
Traffic signal	10
Utility pole	25
Street tree	15
Building face	8
Fire hydrant	6
Bike rack	10
Bus stop	8 (see § 247-5)

The minimum required spacing from various regular fixtures is laid out in the above table.

Minimum spacing is to nearest face of pole.

If an existing pole that violates any of these standards is being replaced, it may remain in or adjacent to the same location, but it may not be placed any closer to any object than existing condition.

In certain circumstances, City Engineering may request further spacing than what is noted; for instance, driveways with heavy truck use, more sensitive street trees, streets with right-of-way reservations or planned sidewalk installation, etc.

(5)

Exceptions may be allowed by approval of the Department of Public Works Director in circumstances, such as very narrow terraces, where requirements are not technically or practically feasible.

(6)

The design of bus stops vary throughout the City and each location is unique. Poles must be placed such that they do not interfere with Metro operations and accessible loading/unloading passengers in and around bus stop zones.

Historic structures. A structure that has significant historical, architectural, or cultural meaning and that has been given legal protection from alteration and destruction are considered areas of special interest. Small cells must not be located along the front or side boundary lines of a Jamestown landmark, national historic landmark, or a property individually listed in the National Register of Historic Places.

Areas of special interest. Areas of special interest have the following additional siting requirements:

Exterior changes/concealment/overhead wire. In any area of special interest, small cells have concealment requirements and exterior change and overhead wire restrictions; see "areas of special interest" section under Design Criteria for details.

Alley setback. Small cells mounted externally to infrastructure in these areas may not be mounted on the corner(s) or street face(s) of buildings unless completely concealed behind the facade. Small cells mounted to infrastructure that is not completely concealed behind the facade must set back a minimum from the road 20 feet from the inside edge of adjoining sidewalk.

Trees. Tree removal or improper pruning of trees within the right-of-way is prohibited. Any proposed pruning of trees, shrubs, or other landscaping already existing in the right-of-way must be noted in the application and approved separately by permit issued by the City Arborist. Any such work must be performed by an approved tree service and is subject to other review, input, and requirements of the Director of Public Works.

Streetlights and traffic signals. Equipment and facilities will not obstruct proper roadway, pedestrian lighting, or views of traffic signals.

§ 247-5 Design criteria.

Professional engineering and codes. All new freestanding installations with foundations must be reviewed and approved by a licensed professional structural engineer in the State of New York. All pertinent calculations must be stamped by a professional engineer and submitted to the City as part of the permit review process. A make-ready determination from the pole owner is acceptable for wood utility poles. All installations must meet or exceed all applicable structural standards, clearance standards, and provisions of the latest National Electrical Safety Code (NESC) and the National Safety Code.

Height requirements.

The height of a new support structure, tower, or utility pole in the right-of-way is required to be no more than 10% higher than the tallest structure (as defined by 47 CFR § 1.6002) on the same block as the proposed structure and shall be limited to a maximum height of 50 feet.

Equipment mounted to support structures must not interfere with or create a hazard to pedestrian or vehicular traffic and must be a minimum of 12 feet above any pedestrian or bicycle thoroughfare; and where equipment is hung over pedestrian or vehicle traffic areas, all equipment must be a minimum of 16 feet above any traffic lane. Metering equipment may be placed at ground level, provided that the location does not violate any of the spacing standards established for pole placement.

The height of the support structures and antenna shall be no more than 10% higher than the tallest structure on the same block and limited to 12 feet above the top of structure to which it is mounted.

Size. Each new or modified facility must minimize the physical and visual impact on the area, with a maximum size of all equipment, excluding the antenna(s), of 28 cubic feet.

Pole diameter. The diameter of new support structures is to be minimized such that it is sufficient only for the structural support of the existing and currently proposed attachments. The maximum pole diameter with externally mounted equipment (other than the antenna's) is 18 inches. The maximum allowed pole diameter for poles without externally mounted equipment (other than the antennas) is 26 inches.

Pole type. New or replacement poles must match existing pole types, materials, colors, design, and aesthetic standards on the same block.

Antennas. Antennas are either mounted on top of the structures or on the side of the structure and must be no further than twice the distance of the diameter of the pole unless the pole owner has specific standoff requirements.

Wiring and cabling. Wiring and cabling must be neat within or flush to the support structure. Proposed wiring and methods must be shown on the documents submitted with the application for a permit.

Facility lighting. Facilities must not be illuminated, except in accordance with state or federal regulations or if incorporated as part of a streetlight pole. Equipment will not interfere with existing lighting fixtures.

Signage. Signage is not permitted except to comply with FCC or New York regulations to provide safety warning or emergency contact information or as required by this chapter.

Paint.

The minimum paint system for poles and associated metal equipment, with the exception of the antennas or aluminum/stainless/galvanized parts, must be an epoxy prime paint and polyester polyurethane topcoat, applied by electrostatic means. The paint system chosen must result in a durable weather-resistant paint well adhered to the pole and suitable for streets with heavy salting and the resulting salt spray from passing vehicles.

Any green finish paint color must match a Tiger-Drylac RAL color (6009 for green), with glossy finish. Any black finish paint color must match a Tiger-Drylac RAL 9004 with 80% gloss. The manufacturer must fully warrant the paint system for five years.

Poles with rust, peeling paint, faded paint or unsightly in appearance must be repainted or replaced in accordance with these specifications by the pole owner prior to installation of any new equipment. Poles must be maintained by the pole owner and shall be repainted when evidence of rust, peeling paint, or fading is present.

Cabinets. All hardware attachments must be hidden. Appropriate grade and material hardware shall be utilized to prevent rusting. Doors within eight feet of the ground shall have lockable access doors. All equipment must be located internal to the equipment cabinet or recessed in the equipment cabinet.

Hand holes. Provide hand holes as necessary to provide access to underground utilities. All hand holes are to be installed flush with the top surface.

Flat surfaces. Equipment cabinet and/or equipment cabinet cover must not have a flat, horizontal surface larger than 1.5 inches, when at a height of eight feet or less from the ground surface to prevent the accumulation of trash.

Louvers and sound. Passive louvers and/or other passive ventilation systems must be provided as the primary means of temperature control.

Wind design: 115 miles per hour minimum per TIA-222 Rev G, IBC 2012 with ASCE 710, or per the National Safety Code and amendments for local conditions.

Data backhaul. Data backhaul is permitted wirelessly if it can be done using the same antennas that provide the customers' service or the provider's licensed frequency spectrum. All other data backhaul must be fiber or wired connections to limit interference with unlicensed frequencies.

Electrical disconnect. An electrical disconnect switch that will de-energize equipment in order to safeguard employees, agents, and contractors of the City and BPU from radiofrequency emissions while performing work near installations must be provided on every installation.

Areas of special interest. Areas of special interest have the following additional design requirements:

Exterior changes. All exterior changes to all buildings and the construction of new buildings in an historic district are subject to special architectural and design guidelines as voted by the City pursuant to state law.

Concealment. In any special interest area, small cell equipment may be mounted on a pole, but in such situations all equipment must be a minimum of 17 feet above ground or must be completely concealed or placed underground. If necessary, a meter may be placed near ground level for visibility and access by the electrical provider, provided that the meter does not violate any spacing requirements. Equipment may be concealed within the pole and base, designed with decorative transitions and without exterior attachments, or equipment may be within a decorative street amenity (kiosk, blue light safety pedestals, public art, etc.), which would need to be owned and maintained by the permit holder. Alternatively, the small cell equipment must be installed in an underground vault. Wiring is to be completely concealed. These requirements are consistent with the existing streetscape and other utilities placed in this area.

Overhead wire. Overhead wires in the urban core areas will not be permitted regardless of method of attachment or wire type. No overhead wire must be placed within 200 feet of either side of the center line of the Riverwalk. This includes but is not limited to City poles, BPU poles, third party or licensee owned poles/buildings/infrastructure, or otherwise. All wire, fiber, and cable in the urban core will be run underground and in appropriately sized conduit. The City and BPU must have the right to add their own conduit, at their own cost, to any new duct banks built in order to support their infrastructure needs.

§ 247-6 Safety and access.

Relocation. When installed within the right-of-way, the small cell equipment and any support structures must be relocated at the owner's expense, when the City deems necessary for public improvements. In such cases, the City will provide no less than 90 days' notice of the need to relocate and shall make reasonable effort to assist the permit holder in identifying and permitting an alternate location.

Interference.

Equipment must not cause interference to traffic, public safety, utility, or other communications signal equipment.

Equipment and installation must not materially interfere with the existence, use and operation of any and all public and private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical, telephone, cable wires, electroliers, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties.

Labels. All structures with small cell equipment must have an identification tag. A four-inch by six-inch, at maximum, aluminum plate with the network provider's name, small cell unit identifying information, and emergency telephone number must be permanently fixed to the pole, five feet above finished grade.

Maintenance. All equipment will be maintained in a commercially reasonable condition and must at all times adhere to these requirements. Right-of-way work permits for facilities in the right-of-way are required when doing maintenance on facilities unless covered by a master license agreement.

Emergency events. The City and BPU reserve the right to take all reasonable actions in the case of an emergency to protect the public health and safety of its citizens, and to ensure the safe operation of its rights-of-way and public facilities. The City and BPU will use reasonable efforts to coordinate any emergency responses with permit holders. In case of an emergency affecting the equipment or permit holder's use, the permit holder may access the right-of-way and perform necessary repairs to its equipment and to the pole, including the right to install a replacement pole, without first obtaining any otherwise necessary permit(s) or authorization(s). All emergency work in the right-of-way must be conducted in a safe and good workmanlike manner and in accordance with laws. If any work is done during an emergency without a permit or authorization, but which results in a permanent modification that would normally require a permit or authorization if there was not an emergency, an application for the required permit or authorization must be made as soon as is reasonably possible after the emergency has ended.

Shutdown. The City and BPU must be permitted to temporarily shut down any single unit for the purpose of performing maintenance on a pole or within the safe approach distance for the unit if the permit holder fails to shut down any single attachment within 72 hours of receiving notice of a request from the City or BPU to do the same, unless the work to be performed is emergency work. Such shutdown will include the disconnection of all uninterruptible power supplies.

Records. The permit holder will provide the exact GPS coordinates, facility identifying information, minimum safe approach distances, antenna orientation (if directional), device manufacturer, device model and the pole height and material (for new poles), for each new installation to the BPU and the City. If any equipment is changed in a way that changes the safe approach distance or if the equipment is taken down, notification of the changes will be promptly made to the BPU and the City.

Maximum permissible exposure assessments and tests. The permit holder will perform a radiofrequency emissions (RFE) FCC compliance assessment for each of licensee's facilities to ensure compliance with FCC standards for the maximum permissible exposure ("MPE") per the latest editions of the FCC OET Bulletin 65 and ANSI Standard C95.1. The permit holder will submit to the City with each pole application, and upon performing any modifications to a permitted small cell facility that involve changes to RFE, written confirmation of compliance that includes safe approach distances. Following site activation, if the City or BPU reasonably believes a particular site does not comply with FCC standards for MPE, it may request that the licensee perform a radiofrequency emissions test and provide written documentation of the test and compliance.

§ 247-7 Variances.

The Director of Public Works has ultimate authority, at their sole discretion, to waive any part or parts of this chapter. Approved variance waivers do not constitute a change to this code nor act as precedents that can be applied in future applications.

§ 247-8 Insurance.

The permit holder and its subcontractors must carry at least the following insurance:

Commercial general liability insurance in an amount of $1,000,000 per occurrence and $2,000,000 general aggregate and which provides coverage for bodily injury, death, damage to or destruction of property of others, including loss of use thereof, and including products and completed operations;

Workers' compensation insurance as required by law; and

Employers' liability insurance in an amount of $1,000,000 bodily injury each accident, $1,000,000 disease each employee, and $1,000,000 disease policy limit or greater if defined in the BPU or City contract.

The insurance coverages identified in this section, except the workers' compensation insurance, must include the City and the BPU as additional insureds, will be primary and noncontributory with respect to any self-insurance or other insurance maintained by the City, contain a waiver of subrogation for the City's benefit, and will be obtained from insurance carriers having an A.M Best rating of at least A-VII.

If requested, the permit/license holder must provide the City and BPU with a certificate of insurance to provide evidence of insurance. A licensee will endeavor to provide the City with 30 days' prior written notice of cancellation upon receipt of notice thereof from its insurer(s).

§ 247-9 Indemnity; damages.

A licensee/permit holder must indemnify, defend and hold the City and BPU, its employees, officers, elected officials, agents and contractors (the "indemnified parties") harmless from and against all injury, loss, damage, liability, costs or expenses arising from any third-party claims resulting from licensee's use or licensee's breach of this agreement. The licensee's indemnity must not apply to any liability resulting from the negligence or willful misconduct of the City or other indemnified party. The City must give prompt written notice to a licensee/permittee of any claim for which the City seeks indemnification. The licensee/permittee must have the right to investigate these claims. The licensee/permittee must not settle any claim without reasonable consent of the City, unless the settlement (i) will be fully funded by the licensee, and (ii) does not contain an admission of liability or wrongdoing by any indemnified party.

§ 247-10 Fees.

Permits.

Permit/License applications fee for mounting a small cell to existing infrastructure: $500 for up to five poles, $100 for each additional permit submitted in the same batch.

Permit/License applications fee for new poles in right-of-way: $1,000.

City application fees waived when attaching to BPU infrastructure; however, BPU rates shall apply.

Annual fees.

Annual permit fee per small cell in the City (other than attachments to City or BPU infrastructure): $135.

Annual license fee for each small cell attached to City poles: $270.

Annual license fee for each small cell attached to BPU poles: set per contract.