Village of Flower Hill, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 8-5-2013 by L.L. No. 9-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Telecommunications licenses and franchises — See Ch. 209.
Zoning — See Ch. 240.

§ 235-1 Purpose.

In recognition of advancing technology and the increased demand and need for wireless communications towers and facilities, the Village Board hereby determines that it is in the public interest to regulate the siting and installation of such facilities within the Village in order to protect public safety and welfare. When deliberating the location of wireless facilities, due consideration shall be given to existing land uses and development, environmentally sensitive areas, aesthetics and other appropriate factors in approving sites for the location of towers and/or facilities. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services.

§ 235-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY WIRELESS FACILITY
Any equipment, shed, fencing or structure, or combination thereof, containing any electrical components necessary for the proper operation of primary antennas.
ALTERNATIVE TOWER STRUCTURE
Any man-made trees, clock towers, steeples, light poles, flagpoles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers, subject to the review and approval of the Village Board of Trustees or its designee.
ANTENNAS
Any exterior transmitting and receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
COMMERCIAL DISTRICTS
All zoning districts except residential districts.
FAA
The Federal Aviation Administration.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been completed or constructed, provided that such approved permit(s) is current and has not expired; or any tower which is constructed and has a certificate of compliance.
ROOF-MOUNTED COMMUNICATIONS FACILITY
A wireless communication facility which is mounted and supported on the roof or any rooftop appurtenance of a legally existing building or structure.
TOWER
Any structure that is designed and constructed for the principal purpose of supporting one or more antennas for telephone, personal communications services, common carrier services, radio and television transmission, microwave transmission, and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes the structure and any support thereto.
WALL-MOUNTED COMMUNICATIONS FACILITY
A wireless communications facility which is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features, such as parapets, chimneys and similar appurtenances.
WIRELESS COMMUNICATIONS FACILITY
A facility that transmits and/or receives electromagnetic signals, including any tower or antenna, accessory wireless facility, wall and roof-mounted facilities, as defined herein.

§ 235-3 Applicability.

No new wireless communications facility shall be erected, moved, reconstructed or altered to serve as a transmission, reception or relay facility except by approval of the Board of Trustees, in compliance with the regulations set forth in this section.

§ 235-4 Provisions for location of use.

A. 
Residential. Wireless communications facilities located in residential zoning districts are subject to site plan approval and special permit approval from the Board of Trustees following a public hearing and must meet the following requirements:
(1) 
Wireless communications facilities on buildings shall meet the following criteria:
(a) 
Any antenna or equipment accessory to a roof-mounted antenna shall be set back a minimum of four feet for every one foot in height of the accessory equipment, but in no instance shall protrude more than 15 feet above the average height of the building in order to minimize its visibility from adjacent properties or roadways. Installation of an antenna and associated equipment shall incorporate a design that is contextual with the structure on which the antenna is co-locating.
(b) 
Any wall-mounted antenna shall not protrude above the roof parapet or roofline and shall be painted to match the color of the existing structure. No portion of the antenna shall extend more than 18 inches from the facade of the building. These requirements are to be maintained to the extent feasible without impeding the functionality of the antenna.
(c) 
Enclosures designed to conceal rooftop wireless communications facilities shall not be deemed to contribute towards building height, floor area ratio, gross floor area, or parking requirements, provided that said enclosure does not contain equipment or materials that are not accessory to the wireless communication facility and the enclosure is contextual with the architecture of the structure and is minimized to the furthest extent practical. All equipment within the enclosure shall still be subject to the dimensional requirements set forth in this chapter.
(2) 
A tower base shall be set back from the property line by a minimum distance equal to 110% of the height of the tower. Accessory wireless facilities shall comply with all other dimensional requirements of the underlying zoning district.
(3) 
Any new tower shall consist of an alternative tower structure as defined herein. Guyed (cable-supported), truss or lattice antenna support structures are expressly prohibited.
(4) 
No new tower shall be permitted unless it is demonstrated that adequate service in accord with FCC guidelines cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower in a nonresidential district to the satisfaction of the Board of Trustees, except as provided herein.
B. 
Commercial. Wireless communications facilities located in commercial zoning districts are subject to site plan approval and special permit approval from the Board of Trustees following a public hearing, except as otherwise provided herein, and must meet the following requirements:
(1) 
Wireless communication facilities on buildings shall protrude not more than 15 feet above the average height of the building, and meet the following criteria:
(a) 
Equipment accessory to a roof-mounted antenna shall be set back a minimum of four feet for every one foot in height of the accessory equipment, but in no instance shall protrude more than 15 feet above the average height of the building in order to minimize its visibility from adjacent properties or roadways. Installation of an antenna and associated equipment shall incorporate a design that is contextual with the structure on which the antenna is co-locating, and antennas shall not protrude more than 15 feet above the average height of the building.
(b) 
Any wall-mounted antenna shall not protrude above the roof parapet or roofline and shall be painted to match the color of the existing structure. No portion of the antenna shall extend more than 18 inches from the facade of the building.
(c) 
Enclosures designed to conceal rooftop wireless communications facilities shall not be deemed to contribute towards building height, floor area ratio, gross floor area, or parking requirements, provided that said enclosure does not contain equipment or materials that are not accessory to the wireless communication facility and the enclosure is minimized to the furthest extent practical. All equipment within the enclosure shall still be subject to the dimensional requirements set forth in this article.
(2) 
A tower base shall be set back from the property line by a minimum distance equal to 110% of the height of the tower. Accessory wireless facilities shall comply with all other dimensional requirements of the underlying zoning district.
(3) 
Wireless communications facilities located on preexisting structures or buildings in commercial districts are not subject to special permit approval, provided that they have all necessary Building Department permits and are not visible to any residential use or zone as determined by the Building Superintendent or his/her designee. New antennas co-locating on an existing tower approved by the Board of Trustees shall not be subject to this requirement.
(4) 
No new tower shall be permitted within 500 feet of a residential zone unless it is demonstrated that adequate service in accord with FCC standards cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower outside the five-hundred-feet area to the satisfaction of the Board of Trustees.
C. 
Parks. Wireless communications facilities are subject to site plan approval and special permit approval from the Board of Trustees following a public hearing, except as otherwise provided herein, and must meet the following requirements: Wireless communications facilities shall not be located at any designated park listed by any federal, state or Village agency, except as specified by the following:
(1) 
No new tower shall be permitted unless it is demonstrated that adequate service in accord with FCC standards cannot be provided within a coverage gap area by exhausting all other available and reasonable locations for the proposed tower outside of the park to the satisfaction of the Board of Trustees or their designee.
(2) 
Any facility located in a park shall be located, designed and screened to minimize the visual and aesthetic impacts.
(3) 
Any facility located within a park shall not be located in an area that would interfere with normal, day-to-day recreational activities or operations.
(4) 
Any facility located in a park which is co-located on or which replaces an existing structure (e.g., ball-field light poles) shall not be subject to special permit approval, provided that the height of the new structure does not exceed the height of the preexisting structure and is a minimum of 500 feet from the nearest residence.
(5) 
Co-location. No new tower shall be permitted unless the applicant demonstrates that no existing tower, structure or building can accommodate the applicant's proposed antenna and unless it is demonstrated that adequate service cannot be provided with co-location.
(6) 
Any facility on Village owned property shall be subject to a separate agreement regarding revenue to the Village.

§ 235-5 Design.

A. 
The tower shall be designed in such a manner as to minimize any visual impacts.
B. 
If a wireless communications facility is located on a building, it shall be neutral in color, or similar in color to the building so that it continues to maintain the architectural integrity of the building, and every effort shall be made to conceal the facility.
C. 
Accessory wireless facilities shall be screened, landscaped and shall maximize use of building materials, colors and textures designed to blend with the natural or existing surroundings to minimize any visual impacts.
D. 
The base area shall be surrounded by a six-foot-high fence or located within a structure. The surrounding fence shall be screened as per a landscaping plan to be approved by the Board of Trustees with input from the Village Arborist.
E. 
No signs are permitted on towers except safety instructions or similar material.
F. 
A tower shall not be lighted unless required by the FAA or otherwise required by the Board of Trustees for safety reasons.

§ 235-6 Removal.

Any antenna or tower that is not operated for a continuous period of 12 months shall be deemed abandoned. The owner of such antenna/tower/site shall remove the same at the owner's expense within 90 days of notice. The Village reserves the right, after 90 days' written notice sent certified mail, return receipt requested, to the owner or owner's designee, to remove the antenna or tower, and shall bill the owner for any expense incurred. All costs associated with same shall be assessed to the owner's next tax bill.

§ 235-7 Application requirements.

Applications shall include the following:
A. 
The location, type and height of the wireless communications facility and whether it is to be located on an existing structure, co-located or on a telecommunications tower.
B. 
Adjacent roadways, rights-of-way, land uses, structures and zoning on land within 1/2 mile.
C. 
Setbacks from property lines.
D. 
Environmental assessment.
E. 
Scaled drawing of the site, including elevation drawings of the structure, a visual study showing where, within one mile, the tower could be seen, the distance between all structures and proposed means of access.
F. 
Landscape plan, including fencing and fence screening.
G. 
Analysis of physical need for additional towers or antennas.
H. 
Written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reasons why the subject site was chosen. Written requests and responses for site location alternative analysis shall be provided, in addition to the names, addresses and telephone numbers of the current owner(s) of those sites. If the proposed plan is to locate in a residential area, the applicant must show a good faith effort to locate in a nonresidential area and that locating in a commercial or industrial zone is not feasible.
(1) 
Evidence of a good faith effort to co-locate or locate on existing towers, structures or buildings and why it is not feasible. Written requests and responses for co-location efforts shall be provided, in addition to the names, addresses and telephone numbers of the current owner(s) of those structures.
(2) 
The application must provide evidence that the proposed wireless communications facility can accommodate, at a minimum, three times the capacity to allow for future lease and co-location. Competing providers are required to negotiate fairly regarding co-location leases. A future co-location applicant cannot be denied except for mechanical, structural or regulatory reasons, and only with respect to Village property.
I. 
Location and separation distance between all other existing and proposed facilities within the Village and/or within five miles.
J. 
Coverage map(s) depicting existing and proposed coverage for each proposed carrier. Said maps shall be submitted in both paper and electronic form. Paper maps shall be at least 11 inches by 17 inches in size and shall contain coverage areas superimposed over current aerial photography. Electronic formats shall be submitted in any industry-standard geographic information system (GIS) format. In addition, said maps shall be accompanied by a certified report by a radio frequency engineer and shall depict any existing and proposed signal strength levels.
K. 
Other information as deemed necessary by the Board.
L. 
Visual impact analysis.
(1) 
Said analysis shall include:
(a) 
Identification of visually sensitive sites, including parks, and residential areas.
(b) 
Visualization photographs from key viewpoints. Photographs shall be conducted when leaves are off trees if trees are in front of the view of a proposed tower.
(2) 
In the event a crane or other equipment is utilized to simulate the proposed tower on the subject property for the visualization photographs, the owners of surrounding properties within 200 feet of the site and the Board of Trustees shall be notified no less than 10 days prior to the test by certified letter, return receipt requested. Said notification shall include two rain dates in the event inclement weather prevents the visualization study from taking place.

§ 235-8 Approval considerations.

A. 
Priorities.
(1) 
The Board may give priority to application for location on an existing structure or building.
(2) 
The Board may give priority to applications for collocation.
(3) 
The Board may give priority to a single application for multi-antenna proposals.
(4) 
The Board may give priority when necessary for health and/or security.
B. 
Other considerations.
(1) 
The minimum height necessary to render adequate service.
(2) 
Proximity to residential districts and other structures.
(3) 
Nature of existing or proposed uses of adjacent property.
(4) 
Site and/or surrounding topography.
(5) 
Surrounding tree coverage and foliage.
(6) 
Design of tower, in particular the characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7) 
Availability of suitable existing towers and structures.
(8) 
Proposed ingress and egress.
(9) 
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Trustees that no existing tower, structure or building can accommodate the applicant's proposed antenna.
(10) 
Impact on wireless service.
C. 
The Board may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this section are better served thereby.
D. 
The Village Board authorizes the Board of Trustees to retain the services of such persons, expert or otherwise, including but not limited to competent radio frequency engineers, real estate experts and/or attorneys where reasonably necessary to review an application or proposal, including, but not limited to, reviewing expert testimony provided on behalf of the applicant and supplementing submissions. The consultant(s) may review coverage maps, alternative site locations, co-location opportunities or other criteria that may be associated with the application or proposal. The consultant shall review all submissions in accordance with all applicable federal, state and local codes, rules and regulations and make recommendations to the Board of Trustees. The cost of retaining such competent consultants shall be borne by the applicant. The costs of any consultant shall be reasonable and the work and associated billing shall be viewable by the applicant upon request.
E. 
In the event a denial of an application would constitute an unlawful prohibition or effective prohibition of cellular service under applicable federal or state law (including the Telecommunications Act of 1996, see 47 U.S.C. § 609 et seq., the "TCA"), the Board of Trustees shall grant the special permit and shall have the authority to impose conditions upon such granting consistent with this chapter and such federal or state law.
F. 
If the Board of Trustees determines that the interests of this chapter would otherwise be satisfied, the Board of Trustees may, in its discretion, but shall not be required to, deem individual requirements and conditions satisfied by issuing a waiver or relaxation in relation thereto. Any waiver or relaxation may only be made in the event that the requirements and conditions for which a waiver or relaxation is made are found not to be requisite in the interest of public safety or general welfare and may only be exercised in the event that the Board of Trustees, in issuing a waiver or relaxation, makes specific findings that the interests of this chapter would otherwise be satisfied, the waiver or relaxation is reasonably necessary for the provision of wireless communications services consistent with the interests of both this chapter and the TCA and the applicant has taken all reasonably available mitigation measures. Every special permit shall also conform to all special findings that are specified herein.

§ 235-9 Amateur radio antennas and towers.

Facilities are subject to site plan approval and special permit approval from the Board of Trustees, and must meet the following requirements:
A. 
Any antenna or tower must be located in the rear yard.
B. 
A tower base shall be separated from the property line by 110% of the height of the tower.

§ 235-10 Satellite dishes.

A. 
Satellite dishes shall be permitted as an accessory structure within any use district, subject to the requirements contained herein and subject to the issuance of a building permit from the Building Department.
B. 
Standards applying to all use districts.
(1) 
Satellite dishes shall be designed to withstand winds of up to 120 miles per hour.
(2) 
All satellite dishes shall be installed and operated in accordance with the manufacturer's specifications.
C. 
Ground-mounted satellite dishes shall not be located in any front or side yard area, with the exception of a corner or a cul-de-sac lot where the side yard is larger than the rear yard.
D. 
Ground-mounted satellite dishes shall not exceed 10 feet in diameter or exceed a height of 15 feet above the average grade level.
E. 
Ground-mounted satellite dishes shall be screened at the base with evergreen plants, shall be finished in a color that blends with the surrounding environment and shall not be visible from any street as long as adequate reception in accord with FCC requirements is maintained.
F. 
Roof-mounted satellite dishes shall not exceed two feet in diameter or project above the ridgeline of any building on the property and visibility from the street shall be shielded to the extent adequate reception in accord with FCC requirements is maintained.
G. 
Ground-mounted satellite dishes shall be placed only in the rear yard, excluding the rear yard setback areas.
H. 
Roof-mounted satellite dishes shall be mounted on the rear half of the building roof and shall not exceed 10 feet in diameter.
I. 
Satellite dishes shall not be visible from any street so long as adequate reception in accord with FCC requirements is maintained. An architectural screen consisting of material compatible with the building type and style or landscaping may be utilized, subject to the review and approval of the Building Department.