19.125 An Ordinance Related to Wireless Antennas on Street Poles as Approved by LM on 2-10-20
City of Northampton
MASSACHUSETTS
In the Year Two Thousand TwentyNineteen
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 285-53 and amending Section
350-10.9 and 11.4, 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
§ 285-53 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 telecommunications 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 telecommunications antennas on public ways or public land
(including those already installed) shall pay annual $400 270 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.
D.F. The provider shall restore any damage to the rights of way stemming from installation,
maintenance or repair of the related infrastructure including damage to public shade trees,
sidewalks, curbs or other elements.
Amend
§ 350-2.1 by adding the following new definition
Small cell telecommunications 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 5G 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 Telecommunications Facilities and by adding subsections (1) – (3) thereunder, inclusive:
(1) (1) An application for approval of a wireless small cell telecommunications 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 as createdto be promulgated by the Department of
Public Works within 60 days of adoption of this Ordinance.
DELETE the REST from the ORDINANCE (transfer to regulations)
(2)