19.125 An Ordinance Related to Wireless Antennas on Street Poles - FINAL Clean
City of Northampton
MASSACHUSETTS
In the Year Two Thousand Twenty
Upon the Recommendation of Mayor David J. Narkewicz and Planning & Sustainability
19.125 AN ORDINANCE
RELATED TO WIRELESS ANTENNAS ON STREET POLES
An Ordinance of the City of Northampton, Massachusetts, providing that the Code of Ordinances, City
of Northampton, Massachusetts, be amended by adding a new Section 285-10 and amending Section
350-10.9, providing for rules for wireless small cell telecommunications antennas on street poles.
Be it ordained by the City Council of the City of Northampton, in City Council assembled, as follows:
Add
§ 285-10 Small Cell Telecommunications Antennas on Street Poles or within the City’s rights of
way.
A. It is City policy to embrace wireless small cell facilities to improve telecommunications and
wireless service for all users, while minimizing adverse impacts and covering city monitoring
and administration costs.
B. Wireless and all other telecommunication antennas are regulated by Zoning, Section 350-10.9
Telecommunications, Personal Wireless Facilities and Small Cell Telecommunications.
C. Each wireless small cell antenna on public ways (including those already installed) shall pay an
annual fee of $270 for right-of-way access and inspections. Each such facility that is located
within a traffic signal pole or light pole on public land shall pay a fee of $1,000 annually to
offset additional maintenance and inspections necessary on these multifunctional poles (Fees
shall be waived if the wireless telecommunications provider provides free community or city
Wi-Fi services in accordance with a service agreement signed by the Mayor.)
D. The telecommunications provider shall be solely responsible for equipment and safety, for
moving equipment at no cost to the City when required for any City construction project and
must respond within ten calendar days of notice, and for ensuring that there is no impediment
to pedestrian or traffic flow. Failure to meet these time limits shall result in a doubling of
annual fees for the following year.
E. The provider shall indemnify and hold the City harmless from all loss or damage to persons,
property related to injury arising from the construction, maintenance, use, repair of the
wireless infrastructure, and from any loss or damages that results from the facilities, including
shedding ice or debris.
F. The provider shall restore any damage to the rights of way stemming from installation,
maintenance, repair, or removal of the related infrastructure including damage to public
shade trees, sidewalks, curbs or other elements.
G. Providers shall post a performance bond with the City that covers the cost of removal and
restoration of sites where equipment is no longer being utilized.
Amend
§ 350-2.1 by adding the following new definition
Small cell facilities (also known as small cells) are wireless telecommunications antennas and
equipment that are mounted on structures less than 50 feet tall, including their antennas, or are
not more than ten percent taller than adjacent structures, with antennas of less than three cubic
feet in volume, and with wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, that is no more than 28 cubic feet in volume, for the purpose of providing wireless
telecommunications, consistent with Federal Communication Commission regulations, standards
and orders for small cells, including no RF frequency in excess of FCC rules. Small cells are
distinct from satellite antennas elsewhere defined in this section.
§ 350-10.9 by adding a new subsection as follows:
D. Small Cell Facilities
(1) Applications for approval of wireless small cell facilities shall be granted by the Department
of Public Works in consultation with Office of Planning and Sustainability and Department
of Central Services if it meets the requirements set forth in § 350-2.1 and meets the
regulations to be promulgated by the Department of Public Works