The Telecommunications Act of 1996 affirmed the Village of Newark Valley's
authority concerning the placement, construction and modification of wireless
telecommunications facilities. The Village Board of the Village of Newark
Valley finds that wireless telecommunications facilities may pose a unique
hazard to the health, safety, public welfare and environment of the Village
of Newark Valley and its inhabitants. The Village also recognizes that facilitating
the development of wireless service technology can be an economic development
asset to the Village and of significant benefit to the Village and its residents.
In order to ensure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the Village's land use policies,
the Village is adopting a single, comprehensive wireless telecommunications
facilities application and permit process. The intent of this chapter is to
minimize the negative impact of wireless telecommunications facilities, establish
a fair and efficient process for review and approval of applications, assure
an integrated, comprehensive review of environmental impacts of such facilities,
and protect the health, safety and welfare of the Village of Newark Valley.
This chapter may be known and cited as the "Wireless Telecommunications
Facilities Siting Law for the Village of Newark Valley."
For purposes of this chapter, and where not inconsistent with the context
of a particular section, the defined terms, phrases, words, abbreviations,
and their derivations shall have the meaning given in this section. When not
inconsistent with the context, words in the present tense include the future
tense, words used in the plural number include words in the singular number,
and words in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used in conjunction
with wireless telecommunications facilities and located on the same property
or lot as the wireless telecommunications facilities, including but not limited
to utility or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency signals. Such waves shall include, but not be limited
to, radio, television, cellular, paging, personal telecommunications services
(PCS), and microwave telecommunications.
APPLICANT
Any person submitting an application to the Village of Newark Valley
for a special use permit for wireless telecommunications facilities.
APPLICATION
The form approved by the Board, together with all necessary and appropriate
documentation, that an applicant submits in order to receive a special use
permit for wireless telecommunications facilities.
BOARD
The Village Board of the Village of Newark Valley.
COLLOCATION
The use of the same telecommunications tower or structure to carry
two or more antennas for the provision of wireless services by two or more
persons or entities.
COMPLETED APPLICATION
An application that contains all information and/or data necessary
to enable the Board to evaluate the merits of the application and to make
an informed decision with respect to the effect and impact of wireless telecommunications
facilities on the Village in the context of the permitted land use for the
particular location requested.
EAF
The environmental assessment form approved by the New York Department
of Environmental Conservation (Appendix A to 6 NYCRR 617.20) and includes
a visual EAF addendum (Appendix B).
EPA
State and/or Federal Environmental Protection Agency or its duly
assigned successor agency.
FAA
The Federal Aviation Administration or its duly designated and authorized
successor agency.
FCC
The Federal Communications Commission or its duly designated and
authorized successor agency.
FREESTANDING TOWER
A tower that is not supported by guy wires and ground anchors or
other means of attached or external support.
HEIGHT
When referring to a tower or structure, the distance measured from
the preexisting grade level to the highest point on the tower or structure,
even if said highest point is an antenna.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership, joint-stock
company, association of two or more persons having a joint common interest,
or any other entity.
SPECIAL USE PERMIT
The official document or permit by which an applicant is allowed
to construct and use wireless telecommunications facilities as granted or
issued by the Village.
STATE
The State of New York.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data, and other information
by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in the definition
of "wireless telecommunications facilities."
TEMPORARY
In relation to all aspects and components of this chapter, something
intended to, or that does, exist for less than 90 days.
VILLAGE
The Village of Newark Valley, New York.
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS TOWER or
TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY
A structure, facility or location designed or intended to be used
as or used to support antennas. It includes, without limit, freestanding towers,
guyed towers, monopoles, and similar structures that employ camouflage technology,
including but not limited to structures such as a multistory building, church
steeple, silo, water tower, sign or other similar structures intended to mitigate
the visual impact of an antenna or the functional equivalent of such. It is
a structure intended for transmitting and/or receiving radio, television,
cellular, paging, 911, personal telecommunications services, commercial satellite
services, or microwave telecommunications but excluding those used exclusively
for the Village's fire, police and other dispatch telecommunications or exclusively
for private radio and television reception and private citizen's bands, amateur
radio and other similar telecommunications.
In order to ensure that the placement, construction, and modification
of wireless telecommunications facilities protect the Village's health, safety,
public welfare, environmental features and other aspects of the quality of
life specifically listed elsewhere in this chapter, the Village Board hereby
adopts an overall policy with respect to a special use permit for wireless
telecommunications facilities for the express purpose of achieving the following
goals:
A. Implementing an application process for a person(s) seeking
a special use permit for wireless telecommunications facilities.
B. Establishing a policy for examining an application for
and issuing a special use permit for wireless telecommunications facilities
that is both fair and consistent.
C. Establishing reasonable time frames for granting or not
granting a special use permit for wireless telecommunications facilities,
or recertifying or not recertifying, or revoking the special use permit granted
under this chapter.
D. Promoting and encouraging, wherever possible, the sharing
and/or collocation of wireless telecommunications facilities among service
providers.
E. Promoting and encouraging, wherever possible, the placement,
height and quantity of wireless telecommunications facilities in such a manner
as to minimize adverse aesthetic impacts to the land, property, buildings,
and other facilities adjacent to, surrounding, and in generally the same area
as the requested location of such wireless telecommunications facilities.
All wireless telecommunications facilities and antennas shall be located,
fenced or otherwise secured in a manner that prevents unauthorized access,
specifically as follows:
A. All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to individuals and constructed
or shielded in such a manner that they cannot be climbed or run into; and
B. Transmitters and telecommunications control points must
be installed such that they are readily accessible only to persons authorized
to operate or service them.
Wireless telecommunications facilities shall contain a sign no larger
than four square feet to provide adequate notification to persons in the immediate
area of the presence of an antenna that has transmission capabilities. The
sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s),
as well as an emergency phone number(s). The sign shall be located so as to
be visible from the access point of the site and must identify the equipment
shelter of the applicant. The sign shall not be lit unless the Board shall
have allowed such lighting or unless such lighting is required by applicable
provisions of law. The sign shall be approved by the Board before installation.
No other signage, including advertising, shall be permitted on any facilities,
antennas, antenna-supporting structures or antenna towers, unless required
by law.
All proposed wireless telecommunications facilities shall be set back
from abutting parcels, recorded rights-of-way and road and street lines by
the greater of the following distances: a distance equal to the height of
the wireless telecommunications facility or the existing setback requirements
of the underlying zoning district, whichever is greater. Any accessory structure
shall be located so as to comply with the applicable minimum setback requirements
for the property on which it is situated.
The extent and parameters of a special use permit for wireless telecommunications
facilities shall be as follows:
A. Such special use permit shall be nonexclusive.
B. Such special use permit shall not be assigned, transferred
or conveyed without the express prior written consent of the Board, and such
consent shall not be unreasonably withheld or delayed.
C. Such special use permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled, or terminated for
a violation of the conditions and provisions of the special use permit for
wireless telecommunications facilities or for a material violation of this
chapter after prior written notice to the applicant and the holder of the
special use permit.
The applicant and the owner of record of any proposed wireless telecommunications
facilities property site shall, at their cost and expense, be jointly required
to execute and file with the Village a bond, or other form of security acceptable
to the Village as to type of security and the form and manner of execution,
in an amount of at least $75,000 and with such sureties as are deemed sufficient
by the Board to assure the faithful performance of the terms and conditions
of this chapter and conditions of any special use permit issued pursuant to
this chapter. The full amount of the bond or security shall remain in full
force and effect throughout the term of the special use permit and/or until
the removal of the wireless telecommunications facilities and any necessary
site restoration is completed. The failure to pay any annual premium for the
renewal of any such security shall be a violation of the provisions of the
special use permit and shall entitle the Board to revoke the special use permit
after prior written notice to the applicant and holder of the permit and after
a hearing upon due prior notice to the applicant and holder of the special
use permit.
In order to verify that the holder of a special use permit for wireless
telecommunications facilities and any and all lessees, renters, and/or licensees
of wireless telecommunications facilities place and construct such facilities,
including towers and antennas, in accordance with all applicable technical,
safety, fire, building, and zoning codes, laws, ordinances and regulations
and other applicable requirements, the Village may inspect all facets of said
permit holder's, renter's, lessee's or licensee's placement, construction,
modification and maintenance of such facilities, including but not limited
to towers, antennas and buildings or other structures constructed or located
on the permitted site.
The holder of the special use permit shall, annually, certify in writing
to the Village that NIER levels at the site are within the threshold levels
adopted by the FCC. The certifying engineer must be licensed to practice engineering
in the State of New York; however, he need not be approved by the Village.
Any applicant desiring relief or exemption from any aspect or requirement
of this chapter may request such from the Board at a preapplication meeting,
provided that the relief or exemption is contained in the original application
for either a special use permit or, in the case of an existing or previously
granted special use permit, a request for modification of his tower and/or
facilities. Such relief may be temporary or permanent, partial or complete,
at the sole discretion of the Board. However, the burden of proving the need
for the requested relief or exemption is solely on the applicant to prove
to the satisfaction of the Board. The applicant shall bear all costs of the
Board or the Village in considering the request, and the relief shall not
be transferable to a new or different holder of the permit or owner of the
tower or facilities without the specific written permission of the Board.
Such permission shall not be unreasonably withheld or delayed. No such relief
or exemption shall be approved unless the applicant demonstrates by clear
and convincing evidence that, if granted, the relief or exemption will have
no significant effect on the health, safety and welfare of the Village, its
residents and other service providers.
Where this chapter differs or conflicts with other laws, rules and regulations,
unless the right to do so is preempted or prohibited by the county, state
or federal government, the more restrictive or protective of the Village and
the public shall apply.
This chapter is enacted pursuant to the Municipal Home Rule Law. This
chapter shall supersede the provisions of Village Law to the extent it is
inconsistent with the same and to the extent permitted by the New York State
Constitution, the Municipal Home Rule Law, or any other applicable statute.