[HISTORY: Adopted by the Board of Trustees of the Village
of North Collins 10-4-2005 by L.L. No. 1-2005. Amendments noted where
applicable.]
The Village of North Collins recognizes the increased demand
for wireless communications transmitting facilities and the public
and private demand for the services that they provide. Often, these
facilities require the construction and maintenance of communications
facilities, towers and accessory support structures. The bulk and
visual impact of such installations creates aesthetic problems, making
it appropriate to have some special conditions as to the size and
placement thereof. The intent of this chapter is to protect the Village
of North Collins' interest in maintaining its small-village,
residential character by properly siting towers and related facilities
in a manner consistent with sound land use planning while also allowing
wireless providers to competitively meet their technological and service
objectives.
In addition to the provisions and the terms defined therein,
as used in this chapter, the following terms shall have the meanings
indicated:
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
[Added 9-16-2019 by L.L. No. 2-2019]
An accessory facility or structure serving or being used
in conjunction with a telecommunications tower and located on the
same lot as the telecommunications tower, including utility or transmission
storage sheds or cabinets.
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include, but not be limited to radio, television, cellular, personal
telecommunications services (PCS) paging, and microwave telecommunications.
[Amended 9-16-2019 by L.L. No.
2-2019]
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower as defined in this subpart or any equipment associated with
a tower.
[Added 9-16-2019 by L.L. No. 2-2019]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and power supplies,
and comparable backup equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Village of North Collins pursuant to § 164-12 supports or houses equipment described in this chapter that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
The term does not include any structure that, at the time the relevant application is filed with the Village of North Collins under § 164-12, does not support or house equipment described this chapter.
A telecommunications facility that uses an existing building,
tower or other structure for the placement of antennas without the
need for the placement, erection or construction of a separate telecommunications
tower for said placement of antennas.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Amended 9-16-2019 by L.L. No.
2-2019]
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications but excluding those used either for fire, police and
other dispatch communications or exclusively for private radio and
television reception and private citizens bands, amateur radio and
other similar communications.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
[Added 9-16-2019 by L.L. No. 2-2019]
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving collocation of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
[Added 9-16-2019 by L.L. No. 2-2019]
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Village of North Collins.
[Added 9-16-2019 by L.L. No. 2-2019]
The Federal Aviation Administration.
The Federal Communications Commission.
A complete map of all existing or proposed telecommunications
facility and tower locations within the Village of North Collins and
any contiguous town, together with such narrative or technical data
or information as the applicant shall deem relevant or necessary so
as to establish the necessity of each tower site that is the subject
of the application.
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
[Amended 9-16-2019 by L.L. No.
2-2019]
A complete map of the Village of North Collins inventorying
and identifying all preexisting structures, municipal buildings or
lands, public utility buildings, lands or rights-of-way or special
geographic areas (e.g., hills, wooded areas, naturally screened areas),
together with such narrative or technical data or information as the
applicant or Village shall deem relevant or necessary so as to establish
whether or not any of such structures or areas may be suitable for
any proposed telecommunications tower site.
Complete maps, plans, narrative, overlays and analysis of
the signal propagation studies for the proposed telecommunications
tower site, together with all propagation studies for all other proposed
or existing telecommunications tower sites within the Village of North
Collins and any contiguous town which adjoins the proposed telecommunications
tower site or which may impact on the siting process for the proposed
telecommunications tower location.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, malls, hospitals, and shopping metropolitan outdoor spaces.
A small cell facility meets both the following qualifications: each
antenna is located inside an enclosure of no more than six cubic feet
in volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and all other wireless equipment
associated with the facility is cumulatively no more than 17 cubic
feet in volume. The following types of associated ancillary equipment
are not included in the calculation of equipment volume: electric
meter, concealment elements, telecommunications demarcation box, ground-based
enclosures, equipment, power transfer switch, cut-off grounding switch,
and vertical cable runs for the connection of power and other services.
[Added 9-16-2019 by L.L. No. 2-2019]
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
[Added 9-16-2019 by L.L. No. 2-2019]
The mounting of the proposed antenna on existing towers, other
than towers in the public rights-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater.
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public rights-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
Includes telecommunications towers, accessory facilities
or structures and/or antennas and any buildings and/or equipment used
in connection with the provision of cellular telephone service, personal
communications services (PCSs), paging services, radio and television
services and similar broadcast services.
A communications tower on which one or more transmitting
and/or receiving antennas are located.
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
[Amended 9-16-2019 by L.L. No.
2-2019]
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Village-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
[Added 9-16-2019 by L.L. No. 2-2019]
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, small cell telecommunication
facilities on utility poles in the public right-of-way or property
of the Village of North Collins or of another municipal corporation
within the Village of North Collins 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,
personal telecommunications services, commercial satellite services
or microwave telecommunications, but excluding those used for dispatch
telecommunications, exclusively or exclusively for private radio and
television reception and private citizen's bands, amateur radio
and other similar telecommunications.
[Added 9-16-2019 by L.L. No. 2-2019]
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
[Added 9-16-2019 by L.L. No. 2-2019]
A map of the Village of North Collins adequately identifying
each separate zoning district of the Village on an overlay to the
grid map, propagation maps and preexisting structures map, respectively.
In the event of any conflict or inconsistency between the provisions of this chapter and the provisions of any portion of Chapter 181, Zoning, or the provisions of any other applicable regulation, ordinance or law, the more restrictive provisions shall control, except for telecommunications towers, which are governed by the provisions of this chapter.
The requirements of this chapter shall be applied and administered
in a manner consistent with the New York State Environmental Quality
Review Act (SEQRA), and no action shall be taken under this chapter
to issue a conditional use permit and no building permit shall be
granted until the required review process has been completed. The
Village shall, to the extent appropriate, utilize information contained
in any required environmental assessment or statement in reaching
a decision on the action being considered.
Telecommunications facilities will be permitted in any district
in the Village only upon issuance of a conditional use permit and
final site plan approval as required by the Code of the Village of
North Collins.
The following are exempt from the application of this chapter:
A.
The repair and maintenance of existing telecommunications towers,
antennas or accessory facilities or structures.
B.
Antennas used solely for residential household television and radio
reception.
C.
Satellite antennas erected and maintained in accordance with the
provisions of the Code of the Village of North Collins.
D.
Lawful or approved telecommunications facilities uses existing prior
to the effective date of this chapter; provided, however, that any
alteration, modification or expansion of such uses shall require compliance
with this chapter.
A.
No telecommunications facilities shall hereafter be used, erected,
moved, reconstructed, changed or altered except after approval of
a conditional use permit and in conformity with these regulations.
No existing tower or other structure shall be modified to serve as
a telecommunications facility unless in conformity with these regulations.
B.
These regulations shall apply to all property within the Village
of North Collins in the order of priority and preference hereinafter
provided for.
A.
The Village Board shall establish a fee schedule for all applications
under this chapter. Such schedule shall be adopted by resolution and
filed in the office of the Village Clerk. All fees shall be paid prior
to any action being taken on the application. In addition, the applicant
shall be responsible for any and all expert fees that are incurred
by the Village in review of the application, including review by engineers
and consultants employed by the Village. As security for this, an
applicant shall pay, on account with the Village, the sum of $1,000
at the time of application. Any additional engineering or consultant
fees incurred by the village over and above such sum shall be invoiced
to the applicant from time to time. No certificate of occupancy or
certification of completion or compliance shall be issued until all
unpaid fees have been paid.
B.
No action shall be taken by the Village Board to issue a conditional
use permit or to issue preliminary site plan approval, nor by the
Zoning Board of Appeals to grant use and/or area variances, until
following public notice and hearing. Notice of a hearing before a
Board shall be given by legal notice published in the official newspaper
of the Village of North Collins at least five days before the date
set for the public hearing. The applicant shall be responsible for
notifying, by certified mail, all property owners of record within
500 feet of the outside perimeter or boundary line of property involved
in the preliminary application of the time, date and place of such
public hearing at least 10 days prior to such hearing. Notice shall
be deemed given if mailed to the property owner at the tax billing
address listed on the property records of the Village Clerk or at
the property address. At least seven days prior to such a hearing,
the applicant shall file with the Board his or her affidavit of mailing
such notices. Failure to receive such notice shall not be deemed a
jurisdictional defect.
A.
Application and site plan.
(1)
Any applicant for a telecommunications facility conditional use permit
shall make written application to the Village Board. An applicant
shall be required to submit a site plan as required by the Code of
the Village of North Collins, which site plan sets forth specific
site data on a map, acceptable in form and content to the Village
Board, which shall be prepared to scale and in sufficient detail and
accuracy, showing at a minimum the following:
(a)
The location of property lines, the boundaries of the area proposed
for lease or development and permanent easements and right-of-way
lines.
(b)
The location of the proposed telecommunications facility, together
with guy wires and guy anchors, if applicable.
(c)
A side elevation or sketch of the telecommunications tower showing
the proposed antennas.
(d)
The location of all structures; trees exceeding four inches
in diameter, measured at a height of four feet off the ground; and
other significant and/or unusual features on the property and on any
adjacent property within 20 feet of the property lines.
(e)
The names of adjacent landowners.
(f)
The location, nature and extent of any proposed fencing, landscaping
and/or screening.
(g)
The location and nature of proposed utility easements and access
driveways, if applicable.
(h)
A grid map of all of the owner/applicant's existing telecommunications
tower site areas in the Village of North Collins and any contiguous
town and of any areas proposed or projected by the owner/applicant
for installations for a period of two years.
(2)
The site plan shall also include, or there shall be separately submitted,
a grid map with zoning overlay, propagation maps and preexisting structures
also noted thereon. The applicant shall be required, whenever possible,
to locate the proposed telecommunications facility in accordance with
the preference for higher-intensity use and with due consideration
given to existing facilities as depicted upon the overlay map.
(3)
The site plan shall also include documentation on the proposed intent
and capacity of use as well as a justification for the height of any
tower or antenna and justification for any land or vegetation clearing
required.
(4)
Additionally, the Village Board shall require that the site plan
include a completed visual environmental assessment form (visual EAF)
and a landscaping plan addressing other standards listed within this
chapter, with particular attention to visibility from key viewpoints
within and outside of the municipality as identified in the visual
EAF. The Village Board may require submittal of a more detailed visual
analysis based on the results of the visual EAF.
(5)
In addition to other site plan requirements, an application for a
telecommunications tower shall include all information prepared by
the manufacturer of the tower and antenna for the application for
which a conditional use permit is being sought, including, but not
limited to, the following:
(a)
The make and model of the tower to be erected.
(b)
Manufacturer's design data for installation instructions
and construction plans.
(c)
The applicant's proposed tower maintenance and inspection
procedures.
(d)
The applicant's proposed tower maintenance and inspection
schedules.
(e)
The applicant's maintenance and inspection records system.
(f)
Anticlimb devices for the tower and any guy wires.
(6)
The applicant shall provide a structural analysis and certification
from a qualified licensed engineer, certifying that the proposed tower
meets or exceeds all applicable federal, state and industrial structural
design and safety standards and requirements, including, but not limited
to, any such standards and requirements as relate to loads, wind shear
and ice. Such certification shall also demonstrate that any icefall
or debris from tower failure will be contained on the site.
B.
No more than one telecommunications facility shall be allowed on
any lot within the Village, and no existing lot may be subdivided
solely for the purpose of obviating this provision.
C.
Preference for higher-intensity use.
(1)
The Village Board may require that the proposed facility be located
on property in a higher-intensity use district in accordance with
the guideline for preference listed below, provided that there is
a technologically feasible and available location. The guideline for
preference, from most favorable to least favorable district/property,
is as follows:
(2)
In the case that an applicant proposes that a telecommunications
facility be located in a less preferable location based on the guideline
for preference above, the burden shall be upon the applicant to show
why a higher-intensity use location is not feasible.
D.
Government services. An applicant shall make adequate provisions
to permit the shared use of telecommunications facilities for the
collocation of antennas and other communications devices and equipment
by the Village of North Collins or any other municipal, law enforcement
and/or emergency services agency. These municipal and/or emergency
entities shall have use of a telecommunications tower without charge,
provided that the devices and equipment which are collocated do not
interfere with the use and operation of an applicant's then-existing
devices and equipment and do not result in the design load capability
of the tower being exceeded.
E.
Collocation.
(1)
At all times, shared use of existing telecommunications towers shall
be mandatory if feasible, rather than the construction of new towers.
Additionally, where such shared use is unavailable, the location of
antennas on preexisting structures shall be considered. An applicant
shall be required to present an adequate report inventorying existing
towers and other structures within a reasonable distance of the proposed
site and outlining opportunities for collocated facilities and use
of other preexisting structures as an alternative to a new construction.
(2)
An applicant proposing collocation shall be required to submit documentation
indicating the agreement or consent to such shared use by the existing
telecommunications facility owner. The applicant shall pay all reasonable
fees and costs of adapting an existing tower or structure to a new
shared use. Those costs include, but are not limited to, structural
reinforcement, preventing transmission or receiver interference, additional
site screening and other changes, including real property acquisition
or leases required to accommodate collocation.
(3)
In the case of proposed new telecommunications towers, the applicant
shall be required to submit documentation demonstrating good-faith
efforts to secure collocation from owners of existing telecommunications
towers as well as documenting capacity for future shared use of the
proposed tower. Copies of written requests and responses shall be
provided.
(4)
In the interest of minimizing the number of telecommunications towers
in the Village of North Collins, the Village Board may require, as
a condition of conditional use permit approval, that the applicant
for construction of a telecommunications facility indicate in writing
its commitment to permit collocation on said facility by other personal
communications system (PCS) or telecommunications system companies
in accordance with the following:
(a)
Said applicant/owner will design any telecommunications tower
that may be a part of said application to be placed, erected or constructed
with sufficient base, height and carrying capacity to accommodate
future collocation.
(b)
Such collocation shall not involve the installation or construction
of any additional tower structure.
(c)
The placement, installation, operation or use of any antennas,
devices or equipment that is collocated shall not interfere with the
placement, maintenance, operation or use of the applicant's then-existing
devices and equipment.
(d)
The applicant may require that any entity requesting to collocate
pay all of the costs associated with any installation or construction
that may be required for such collocation (including the cost, if
any, of reinforcing or replacing the then-existing tower or monopole)
and pay its pro rata share of the operation and maintenance of the
site and facilities used in common.
(e)
Collocation shall not result in the design load capacity of
the tower or monopole being exceeded. Prior to placement, installation
or construction of any antennas, devices or equipment, the applicant
may require that the company wishing to so collocate provide an engineering
study, acceptable to the Village of North Collins and the applicant,
showing that such collocation will not result in the design load capacity
of the tower or monopole being exceeded.
(f)
The applicant may require that the company requesting to collocate
provide evidence of adequate liability insurance coverage.
(g)
The company wishing to collocate shall execute and file with
the Village of North Collins an agreement to be bound by all the terms
and conditions of the applicant's site plan application and specifically
those provisions relating to termination of use and restoration of
the site.
(h)
Site plan approval (as amendment or modification to a prior
approval) shall be required for any proposed collocation involving:
[1]
The extension or modification of a tower or monopole approved
hereunder or the construction or installation of any new monopole
or tower structure.
[2]
Installation or construction of a new accessory facility or
structure or any enlargement of an existing accessory facility or
structure.
[3]
Expansion or enlargement of the leased site.
(5)
The Village Board may waive the collocation requirement if it is
determined that accommodation of future collocation is not feasible
or imposes an unnecessary burden, based upon:
(a)
The number of Federal Communications Commission licenses available
for the area in the foreseeable future.
(b)
The kind of telecommunications facility proposed.
(c)
The number of existing and potential Federal Communications
Commission licensees without antenna tower spaces.
(d)
The number and location of available spaces at other existing
and approved telecommunications facilities.
(e)
Potential adverse visual impacts by a telecommunications facility
that has been designed to accommodate collocation.
F.
Height. The maximum height for telecommunications towers permitted
under this chapter, whether freestanding or erected on or attached
to an existing structure (such as a water tower or silo), and including
any antennas, extensions or other devices extending above the structure
of the tower measured from the ground surface immediately surrounding
the location of the tower or the structure on which it is located,
shall not exceed 150 feet.
G.
Setbacks. Telecommunications facilities shall comply with all existing
setbacks within the affected zone. Additional setbacks may be required
by the Village Board to substantially contain on-site icefall or debris
from tower failure and/or to preserve the privacy of adjoining residential
or public property. Setbacks shall apply to all tower parts, including
guy wire anchors, and to any accessory facilities. All towers and
antennas shall maintain a minimum setback equal to the height of the
tower (and any antenna or other fixtures affixed to the top of the
tower) plus 25 feet, unless sufficient engineering detail shall be
provided to warrant a lesser setback.
H.
Aesthetics. In order to minimize any adverse aesthetic effect on
neighboring properties to the extent possible, the Village Board may
impose reasonable conditions on the applicant, including the following:
(1)
Telecommunications facilities shall be designed, located and screened
or buffered in a manner that provides, to the maximum extent possible,
compatibility with surrounding land uses.
(2)
Use of a monopole or guyed tower (if sufficient land is available
to the applicant) instead of a freestanding tower.
(3)
The use of camouflage technology in order to hide, disguise or otherwise
obscure or minimize the view of an antenna or tower.
(4)
Towers should be designed and sited so as to avoid, whenever possible,
application of Federal Aviation Administration (FAA) lighting and
painting requirements. Towers shall not be artificially lighted except
as required by the FAA. Towers shall be painted a galvanized finish
or matte gray above the surrounding tree line and painted gray, green
or black below the surrounding tree line unless other standards are
required by the FAA.
(5)
No telecommunications facility shall contain any sign or advertising
device except those containing health, safety or general welfare messages
intended for the protection of the public.
(6)
Accessory facilities and structures shall maximize use of building
materials, colors and textures designed to blend with natural surroundings.
(7)
All utility lines shall be underground from the roadside utility
connection to the communications facility or tower base accessory
structures.
I.
Existing vegetation. Existing on-site trees and vegetation shall
be preserved to the maximum extent possible, and no cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground) shall take place prior to approval of the conditional
use permit.
J.
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the telecommunications facility from nearby
residential property as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property, including streets, the following vegetation screening shall
be required: For all telecommunications facilities, at least one row
of native evergreen shrubs or trees capable of forming a continuous
hedge at least 10 feet in height within two years of planting shall
be provided to effectively screen the tower base and accessory facilities
or structures. In the case of poor soil conditions, planting may be
required on soil berms to assure plant survival. Plant height in these
cases shall include the height of any berm.
K.
Access and safety.
(1)
The site plan shall detail the means of access to the telecommunications
facility and all security or safety fencing proposed. Such detail
shall include, but not be limited to, gate location, roadway or driveway
location and design, height and type of fencing and security measures,
if any, for the site. Proper gating or other measures of securing
the access road or driveway so as to eliminate nuisance usage must
be considered and may be required by the Village Board as a condition
of approval.
(2)
Access and parking. In order to ensure adequate emergency and service
access to a telecommunications facility, an access road or driveway,
two parking spaces and a turnaround area, outside of any fencing,
shall be provided on the premises. An access road or driveway exceeding
150 feet in length will require that delineators be placed every 50
feet as well as proof that, as designed, the access road or driveway
will be capable of supporting, at a minimum, a twenty-ton load. To
the maximum extent practicable, existing roads or driveways shall
be used for access. In order to ensure minimal visual disturbance
and reduce soil erosion potential, construction of an access road
or driveway shall, at all times, minimize ground disturbance and vegetation
cutting, and grades shall closely follow natural contours.
(3)
Fencing. All telecommunications facilities, including any guy anchors,
if applicable, shall be enclosed by a fence not less than eight feet
in height or otherwise sufficiently protected from trespassing or
vandalism as approved by the Village Board.
(4)
Structural safety. Any tower shall be designed, erected and maintained in such manner that it meets or exceeds all applicable federal, state and industry structural design and safety standards and requirements, including but not limited to, any such standards and requirements as relate to loads, wind shear and ice. Any icefall or debris from tower failure shall be contained on the site. At intervals of not more than once in any three-year period, the Village Board may make a written request to the applicant that it provide a structural analysis and certification from a qualified licensed engineer certifying that the tower, as constructed and maintained, complies with the foregoing requirements or, in the event that it does not comply, specifying the repairs or maintenance recommended in order to result in compliance. If any repairs or maintenance is recommended, then such analysis and report shall be accompanied by a letter from the tower owner or operator setting forth a reasonable schedule for the performance of such repairs or maintenance. Upon completion of such repairs or maintenance, certification shall be submitted from a qualified licensed engineer certifying that such repairs or maintenance has been satisfactorily performed and that the tower is in compliance with the foregoing requirements. Failure to perform such repairs or maintenance within a reasonable time shall be grounds for termination of the conditional use permit under § 164-9N below.
L.
Radio frequency effects. Radio emissions from any telecommunications facility shall conform to applicable Federal Communications Commission (FCC) regulations on emissions, and telecommunications facilities shall be operated only at FCC-designated frequencies and power levels. Violations of this subsection shall be grounds for termination of the conditional use permit under § 164-9N below.
M.
Insurance. Prior to the issuance of any building permit, and on a
yearly basis thereafter, the owner or operator shall submit evidence
that liability and property damage insurance is in effect covering
any injury or damage that may result from tower failure or any other
condition or hazard relating to the construction or maintenance of
the tower.
N.
Expiration; termination.
(1)
The conditional use permit and site plan approval shall expire upon:
(a)
The failure of the applicant to commence active operation of
the telecommunications facility within 12 months of the issuance of
a conditional use permit or final site plan approval by the Village
Board; or
(b)
The failure to request and receive the issuance of a building
permit within six months of site plan approval; or
(c)
The discontinuance of the active and continuous operation of
the telecommunications facility for a continuous period of 90 calendar
days, regardless of any reservation of an intent not to abandon or
discontinue the use or of an intent to resume active operations.
(2)
From time to time, the Village Board, at its discretion, or upon
direction of the Village Board, may direct the Building Inspector
to review the conditional use permit or site plan approval to ascertain
if the requirements, conditions and restrictions of this chapter are
being substantially complied with in good faith. In the event that,
upon review, the Village Board finds that the site is not in accordance
with the approved building and site plans and the requirements, conditions
and/or restrictions of this chapter or of the conditional use permit
are not being substantially complied with, the conditional use permit
shall be canceled or terminated within a specified period of time
unless the requirements, conditions and restrictions are complied
with after reasonable notice.
In the event that an applicant intends to site any telecommunications
facility pursuant to a lease or occupancy or use agreement of any
type, a copy of such lease or agreement shall be submitted with the
conditional use permit application. Copies of any modification, renewal,
extension or termination of such lease or agreement shall be submitted
within 30 days of execution.
A.
The applicant shall submit, as part of its application, a detailed
cost analysis and estimate of annual costs associated with the maintenance
of any proposed telecommunications facility, access road or driveway
and all other improvements as depicted upon the site plan. Such estimates
shall be reviewed by the Village Engineer, and upon establishment
of the annual costs of such maintenance, the applicant shall post
a letter of credit or other financial security acceptable to the Village
Board so as to assure the performance of such annual maintenance services.
B.
Removal of telecommunications facility. In the event that a telecommunications
facility is no longer used for the purpose specified in the application,
or the telecommunications facility ceases operations or the conditional
use permit is canceled or terminated for a period of 90 calendar days,
the applicant or its successor shall remove any tower, antenna and/or
other accessory facility or structure, as well as site improvements
(such as, but not limited to, fences), except for the driveway, and
shall restore the property to substantially the same condition as
existed prior to the installation and/or construction of the facility
within 30 calendar days of receipt of a written notice from the Building
Inspector.
C.
Prior to issuance of a building permit and based upon the recommendation
of the Village Board, the owner and/or operator of any telecommunications
facility shall provide the Village with a letter of credit or other
financial security for removal and site restoration acceptable to
the Village Board. The estimate shall be prepared by the applicant's
licensed engineer, verified by the Village Engineer (or engineer hired
by the Village to evaluate the application, if different from the
Village Engineer) and approved as to form by the Village Attorney.
D.
Failure of the applicant to continuously maintain in full force and
effect required letters of credit or other financial security shall
automatically terminate all permits or approvals granted with respect
to such site or sites and shall constitute a violation of the provisions
of this chapter.
[Added 9-16-2019 by L.L. No. 2-2019]
A.
Purpose. The purpose of this section is to establish uniform policies
and procedures for the deployment and installation of small cell wireless
telecommunication facilities (small cell facility) in the Village
of North Collins, which will provide a public health, safety, and
welfare benefit consistent with the preservation of the integrity,
safe usage, and visual qualities in the Village. Any installation
of a small cell facility shall require either a special permit from
the Village Board or a small cell permit from the Planning Board.
B.
Special use permit approval by the Village Board is required for the following uses. All special use permit applications must comply with the requirements set forth in Chapter 164.
(1)
A substantial change to an existing tower or base station.
(2)
Any other application for placement, installation, collocation or
construction of transmission equipment that does not constitute an
eligible facilities request.
(3)
Installation of a new tower over 50 feet in height.
(4)
Placement of new antenna on an existing tower or base station that
results in a substantial change to the tower or base station.
(5)
Installation of equipment located on sidewalk.
(6)
Installation of equipment on a pole, located at an elevation less
than 15 feet from the ground.
(7)
Installation of a small cell facility on a pole located within 20
feet of a dwelling unit.
C.
Small cell permit from the Planning Board.
(1)
No person shall install a small cell facility without first filing
a small cell facility application and obtaining a small cell permit
from the Planning Board.
(2)
The Planning Board shall approve a small cell permit application
concerning any eligible facilities request for modification of an
eligible support structure that does not change the physical dimensions
of such structure. An applicant shall assert in writing that its request
is considered an eligible facilities request. The Board requires the
applicant to provide Planning Board documentation or information to
only the extent reasonably related to determine whether the request
meets the requirements of an eligible facilities request.
(3)
The Planning Board may issue a permit for the following:
(a)
Collocation of a small cell facility or distributed antenna
system (DAS) facility on an existing tower, utility pole or streetlight
not exceeding 50 feet in height on public or private property. Collocation
of a small cell facility or DAS facility on an existing tower, utility
pole or streetlight exceeding 50 feet in height shall require special
permit approval.
(b)
Collocation on existing buildings within the Village of North
Collins.
(c)
Installation of a monopole or utility pole for small cell or
DAS facility in the public right-of-way that does not exceed 50 feet
in height.
(4)
Small cell permit application for Planning Board approval.
(a)
The small cell permit application shall be made to the wireless
telecommunications provider or its duly authorized representative
and shall contain the following:
[1]
The applicant's name, address, telephone number, and email
address;
[2]
The names, addresses, telephone numbers, and email address of
all consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
[3]
A general description of the proposed work and the purpose of
the work proposed.
[4]
Identify and disclose the number and locations of any small
cells that the applicant has installed or locations the applicant
has considered in the past year for small cell infrastructure within
the Village and those submitted or anticipated to be submitted within
a one-year period.
[5]
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance.
(b)
Any amendment to information contained in a small cell permit
application shall be submitted in writing to the Village within 30
days after the change necessitating the amendment.
(5)
The wireless telecommunications provider shall pay to the Village
an application fee and administrative fee as set forth by the Village
Board.
(6)
The wireless telecommunications provider is authorized, after 30
days' written notice to the Village Code Enforcement Officer,
to remove its facility at any time from the rights-of-way and cease
paying the Village the administrative fee.
D.
Location of small cell facility approved by the Planning Board.
(1)
The following locational priorities shall apply in the order specified,
consistent with the Village's obligation to create the least
amount of adverse aesthetic impact and to preserve the scenic values
of the Village:
(a)
On the roof of any Village-owned or federal, state or local
government-owned buildings or structures.
(b)
Location on privately owned buildings.
(c)
Location on an existing Village-owned utility poles.
(d)
Location on Village-owned infrastructure on private poles.
(e)
Location Village-owned property, where there is no existing
pole.
(f)
Location on privately owned utility poles.
(2)
If the proposed site is not the highest priority listed above, then
a detailed explanation must be provided as to why a site of higher
priority was not selected. The person seeking such an exemption must
satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed use.
E.
Small cell facility permit fees.
(1)
Small cell facility permit fees and administrative fees shall be
established by the Village Board by board resolution from time to
time. The Village Clerk shall maintain a schedule of such fees.
F.
Planning Board requirements as to aesthetics and neighborhood impact
mitigation for small cell permits.
(1)
In order to preserve the character and integrity of Village neighborhoods,
the Village Board finds that the following requirements are essential
to protect the public health, safety and welfare, and scenic preservation.
(a)
New small cell facilities shall include stealth technology designs,
unless the Planning Board makes a written determination that such
designs are not feasible
(b)
The Planning Board may consider alternative locations for equipment,
whether pole mounted or ground mounted.
(c)
All small cells placed on any roof shall be set back at least
15 feet from the edge of the roof along any street frontage, unless
the Planning Board makes a written determination waiving the setback
requirement.
(d)
The Planning Board shall consider all impacts to site lines
and aesthetic views.
(e)
Except within the public right of way, all proposed poles, pole
equipment and enclosures shall comply with the designated setback
requirements.
(f)
Up to three small cells will be allowed per utility pole if
technologically feasible and if, in the determination of the Planning
Board, there are no safety or aesthetic concerns. Small cells must
be designed and placed in an aesthetically pleasing manner to the
reasonable satisfaction of the approving agency.
(g)
No small cell placement shall be allowed on ornamental street
lighting poles as determined by the Building Inspector.
(h)
No small cell facilities shall obstruct pedestrian or vehicular
traffic in any way.
(i)
In no event shall any utility pole or wireless telecommunication
support structure as of October 1, 2019, installed in the public right
of way, exceed 50 feet in height, unless special permit approval is
obtained from the Village Board. A shorter pole may be required if
the initial proposal is deemed out of character of with the neighborhood
as determined by the Planning Board.
(j)
Each new small cell facility, including antennas or other associated
equipment, installed in the public right-of-way shall not exceed more
than 10 feet above the pole or wireless existing utility telecommunications
support structure on which it is being located, unless special permit
approval is obtained from the Village Board.
G.
The Secretary of the Planning Board shall forward a copy of the Planning
Board decision to the Town Assessor to allow the Village to better
assess the utility infrastructure for wireless telephone facilities.
A copy of said decision shall also be sent to the Village Clerk.
H.
Duration. Construction pursuant to a small cell permit issued by
the Planning Board under this section must be commenced within 12
months of issuance of the small cell permit and diligently pursued
thereafter, or such small cell permit shall expire.
I.
Routine maintenance and replacement. An application shall not be
required for routine maintenance; and the replacement or upgrade of
a small cell facility with another small cell facility that is same
as or smaller in size and height at the same location.
J.
Information updates. Any amendment to information contained in a
small cell building/work permit application shall be submitted in
writing to the Village within 30 days after the change necessitating
the amendment. On an annual basis, the wireless telecommunication
provider shall provide a list of existing small cell locations within
the municipality.
K.
Removal, relocation or modification of small cell facility in the
public right-of-way.
(1)
Notice. Within 90 days following written notice from the Village,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any small facilities within the public right-of-way
whenever the Village has determined that such removal, relocation,
change or alteration is necessary for the construction, repair, maintenance,
or installation of any Village improvement in or upon, or the operations
of the Village in or upon, the public right-of-way.
(2)
Abandonment of facilities. Upon abandonment of a small facility within
the public rights-of-way of the Village, the wireless provider shall
notify the Village within 90 days. Following receipt of such notice,
the municipality may direct the wireless provider to remove all or
any portion of the small cell facility if the Village, or any of its
departments, determine that such removal will be in the best interest
of the public health, safety and welfare.
L.
Special use permit application and other requirements.
(1)
All applicants for a special use permit for wireless telecommunications
services facilities or any modification of such facility shall comply
with the requirements set forth in this chapter.
(2)
The Village may reject applications not meeting the requirements
stated herein or which are otherwise incomplete.
(3)
The Village shall require a license and/or right of way agreement
for any new wireless telecommunications facilities in, upon, above,
along, across and over municipal facilities, municipal property and
public rights of way. An application shall not be deemed complete
unless and until said license and/or right of way agreement is in
place.
(4)
No wireless telecommunications facilities shall be installed, constructed
or modified until the application is reviewed and approved by the
Village, and the special use permit has been issued.
(5)
Any and all representations made by the applicant to the Village
on the record during the application process, whether written or verbal,
shall be deemed a part of the application and shall be considered
agreed upon conditions of approval that may be relied upon in good
faith by the Village.
(6)
An application for a special use permit for wireless telecommunications
facilities shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
(7)
The applicant must provide documentation to verify it has the right
to proceed as proposed on the site. This would require an executed
copy of the lease with the landowner or landlord or a signed letter
acknowledging authorization. If the applicant owns the site, a copy
of the ownership record is required.
(8)
The applicant shall include a statement in writing:
(a)
That the applicant's proposed wireless telecommunications
facilities shall be maintained in a safe manner, and in compliance
with all conditions of the special use permit, without exception,
unless specifically granted relief by the Village in writing, as well
as all applicable and permissible local codes, ordinances, and regulations,
including any and all applicable Village, state and federal laws,
rules, and regulations;
(b)
That the construction of the wireless telecommunications facilities
is legally permissible, including, but not limited to the fact that
the applicant is authorized to do business in the State of New York.
(9)
Where a certification is called for, such certification shall bear
the signature and seal of a registered professional licensed in the
State of New York.
(10)
In addition to all other required information as stated herein,
all applications for the construction or installation of new wireless
telecommunications facilities or modification of an existing facility
shall contain the information hereinafter set forth unless requirements
are specifically waived by the Village Board.
(a)
A descriptive statement of the objective(s) for the new facility
or modification of an existing facility including and expanding on
a need such as coverage and/or capacity;
(b)
Documentation that demonstrates and proves the need for the
wireless telecommunications facility to provide service primarily
and essentially within the Village. Such documentation shall include
propagation studies of the proposed site and all adjoining planned,
proposed, in-service or existing sites that demonstrate a significant
gap in coverage and/or if a capacity need, including an analysis of
current and projected usage;
(c)
The name, address and phone number of the person preparing the
report;
(d)
The name, address, and phone number of the property owner and
the applicant, including the legal name of the applicant. If the site
is a tower and the owner is different that the applicant, provide
the name and address of the tower owner;
(e)
The postal address and tax map parcel number of the property;
(f)
The zoning district or designation in which the property is
situated;
(g)
Size of the property stated both in square feet and lot line
dimensions, and a survey showing the location of all lot lines;
(h)
The location of, and distance to, the nearest residential structure;
(i)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(j)
The type, location(s) and dimension(s) of all proposed and existing
landscaping, and fencing;
(k)
The azimuth, size and center-line height location of all proposed
and existing antennae on the supporting structure;
(l)
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet;
(m)
The make, model, type and manufacturer of the tower and design
plan stating the tower's capacity to accommodate multiple users;
(n)
A site plan describing the proposed tower and antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including
height above preexisting grade, dimensions, materials, color and lighting;
(o)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(p)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts.
