DPW Regulations for Telecom


Notice of Amendment to DPW Rules & Regulations Pertaining to Permits for Work on County Roads and Within County Right-of-Way—Addition of Section 12. Small Wireless Facilities



SECTION 12. Small Wireless Facilities

This Section governs applications for Small Wireless Facilities proposed to be located over, under, and/or along County ROWs.  All provisions of the foregoing Sections 1 through 11 are applicable to this Section, except that where this Section has a more specific requirement, this Section shall apply.  The definition of Small Wireless Facility pursuant to FCC Order 18-133 shall apply herein and is summarized as follows:

Small Wireless facility:

A Wireless Communication Facility that meets the following criteria—

  1. The structure on which the facility is mounted is:
    1. a structure 50 feet or less in height, or
    2. a structure no more than 10 percent taller than adjacent structures, or
    3. a structure that is not extended to a height of more than 10 percent above its pre-existing height as a result of the co-location
  2. Each antenna (excluding associated equipment) is no more than three cubic feet in volume
  3. All equipment associated with the structure (excluding antennas) are cumulatively no more than 28 cubic feet in volume
  4. The facility does not require antenna structure registration under applicable federal regulations
  5. The facilities are not located on Tribal lands; and
  6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b)

  1. Within incorporated Villages and Cities, applications to locate Small Wireless Facilities over, under, and/or along a County ROW should be filed with such Village or City to the extent required by applicable laws. Notwithstanding any approval required from the Village or City for a Small Wireless Facility, an ROW permit is also required to be obtained from County DPW where work in the County ROW requiring an ROW permit pursuant to Sections 1 through 11 of these Rules and Regulations is proposed (e.g. road opening, excavation, curb cutting, overhead work) in connection with installation of a Small Wireless Facility and/or installation of a new pole upon which a Small Wireless Facility will be located in any City or Village. The fee for such an application for an ROW permit is governed by Section 1 of these Rules and Regulations ($550.00 non-refundable application fee and $920.00 inspection fee, for a total of $1,470.00).
  2. Where a new pole is proposed to be installed for the purposes of supporting a Small Wireless Facility along a County ROW in an unincorporated part of a Town, an application must be submitted to County DPW pursuant to these Rules and Regulations.  The fee for such an application is governed by Section 1 of these Rules and Regulations ($550.00 non-refundable application fee and $920.00 inspection fee, for a total of $1,470.00).  An applicant for a new pole must submit all information and documentation as part of its application required by Sections 12(e)&(f) and 1 through 11 of these Rules and Regulations.  
  3. Where a Small Wireless Facility is proposed to be co-located on existing infrastructure in an unincorporated part of a Town, over, under, and/or along a County ROW, approval for the co-location is required from County DPW pursuant to this Section.  The fee for such an application to County DPW is $500.00 for the first five (5) facilities and $100.00 for each installation thereafter (except if road opening, excavation, curb cutting, overhead work, etc. is also required in the County ROW pursuant to Sections 1 through 11 of these Rules and Regulations, in which case the fee described herein in Section 12(a) is required).  An applicant for such a co-location is required to submit all information and documentation as part of its application required by Section 12(e) and, if road opening, excavation, curb cutting, overhead work, etc. is required, Sections 1 through 11 of these Rules and Regulations.  Where applications over, under, and/or along County ROWs are proposed to be co-located on municipally-owned infrastructure in unincorporated parts of Towns, no such approval or fee is required from the County (unless road opening, excavation, curb cutting, overhead work, etc. is required, in which case Sections 1 through 11 of these Rules and Regulations shall apply). 
  4. Small Wireless Facilities shall not be proposed to be co-located on County-owned traffic light structures.
  5. The following information/documentation is required to be provided in connection with all Small Wireless Facilities proposed pursuant to this Section and will be considered in determining whether to grant an application:
    1. RF Emissions certification confirming that the proposed facility will meet federal requirements in accordance with 74 C.F.R. 1.1307(b).
    2. A copy of FCC Licenses and approvals allowing the applicant to operate a wireless telecommunications facility.
    3. A PE certification that the support structure (including equipment) will meet any relevant local, state, and/or federal requirements for loads, including wind and ice loads.
    4. Dimensions of antenna and related equipment.
    5. Demonstration that the application shall employ screening, undergrounding, and camouflage design techniques in the design and placement of facilities in order to ensure that the facility is screened to the maximum extent feasible.
    6. A statement that the proposed facility is not closer to another existing wireless communications facility than is technically necessary in order to provide service.
    7. Demonstration that the facility is not closer than 200 feet from the boundary line of a lot containing a school.
    8. Demonstration that the facility will not interfere with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other public health or safety facility.
  6. The following information/documentation is required (in addition to the information/documentation required by Section 12(e)) to be provided in connection with applications to install new poles intended to support Small Wireless Facilities pursuant to this Section and will be considered in determining whether to grant an application:
    1. Height and circumference of proposed pole.
    2. Color and material of proposed pole and demonstration that the best color and materials were selected to match the surroundings of the proposed facility.
    3. Distance from the proposed pole to other nearby utility poles/infrastructure, to the nearest driveway, to the nearest residential structure, and to the curb. 
    4. Statement that the proposed pole will comply with ADA requirements.
    5. Demonstration that the proposed facility could not have been co-located on nearby existing infrastructure (excluding County-owned traffic lights), or is otherwise replacing an existing pole.
    6. Demonstration that new pole will not be located within 90 feet of an existing utility pole.
    7. Demonstration that the spacing and location of a new pole shall minimize the aesthetic impact upon nearby residential dwellings, taking into account property lines, driveways, topography, sight lines, and existing landscaping.
  7. A pre-application meeting is encouraged (though not required) in order to discuss specific applications and/or siting of Small Wireless Facilities over, under, and along County ROWs in general.
  8.  Any requirement of this Section may be waived or reduced at the discretion of the Commissioner of DPW, as long as such waiver or reduction is consistent with the goals and intent of these Rules and Regulations and Nassau County Ordinance 35-2017 and complies with applicable federal statutes and regulations.  Issuance of waivers shall be on a case-by-case basis in light of the specific circumstances of each case.  The issuance of a waiver of a requirement of these rules in a specific case shall not be deemed a waiver of DPW’s right to insist upon strict adherence to that requirement in any future case.
  9. Any applications to locate or co-locate wireless telecommunications facilities that do not qualify as Small Wireless Facilities, over, under, or along County ROWs in unincorporated parts of Towns shall be subject to those requirements deemed relevant by the DPW Commissioner found in the applicable wireless law of the Town where such facility is proposed. 

[Section 12 added/published 4/15/19]