[Added 11-17-1999 by L.L. No. 6-1999; amended 6-25-2002 by L.L. No. 2-2002; 1-16-2007 by L.L. No. 1-2007; 4-16-2019 by L.L. No. 3-2019]
These regulations are not intended to prohibit or have the effect
of prohibiting adequate communication services as set out in the Telecommunications
Act of 1996. The Board of Trustees of the Village of Oyster Bay Cove
determines that it is in the best interests of its residents to set
forth regulations establishing standards for the safe use of the devices
discussed herein under federal and state laws, statutes, rules and
regulations.
The proliferation of the construction and installation of communication
equipment, pole-mounted radio towers, and other similar equipment
and devices must be reasonably regulated in order to protect the health,
safety and welfare of the citizens of the Village of Oyster Bay Cove,
and, to the maximum degree possible, to coordinate and control the
same to preserve and protect the aesthetic qualities and bucolic nature
of the Village of Oyster Bay Cove and its neighbors. The Village recognizes
the demand for wireless communication transmission systems and the
need for the services they provide. This article acknowledges the
requirements of the Federal Telecommunications Act of 1996, as well
as the rights and responsibilities of both communication providers
and local governments under the Act. The intent of this article is
to ensure that any proposed telecommunication facility and/or similar
systems are designed, built and located with sound land use planning
by:
A.
Promoting the health, safety and welfare of the residents of the
Village.
B.
Minimizing adverse visual effects of towers and/or similar systems
and to protect the natural features, aesthetics and the residential
character of the Village through careful planning, design, location,
buffering and screening. To the greatest extent possible, the footprint
of the tower and any ancillary structure shall be minimized.
C.
Avoiding potential damage to adjacent properties from tower failure
or falling debris through reasonable engineering and careful siting
of tower structures.
D.
Maximizing use of any proposed tower locations in order to reduce
the number of towers and maximize co-locations of structures for the
purpose of locating multiple services on the same tower.
As used in this article, the following terms shall have the
meaning indicated:
The area where, in the event of a tower failure, the entire
height of the tower would fall completely within the boundaries of
the property in which it is located.
An accessory facility serves the principal use, is subordinate
in area, extent, and purpose to the principal use and is located on
the same lot as the principal use. An example of such facilities would
include but not be limited to transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive
radio frequency signals or electromagnetic waves, which includes a
distributed antenna system ("DAS").
Two or more telecommunication facilities, which utilize the
same existing towers, buildings or other structures.
A guyed, monopole or self-supported tower constructed as
a freestanding structure or in connection with a building or other
permanent structure or equipment capable of containing or intended
for the use of one or more antennas for transmitting and/or receiving
radio, television, digital, telephone, cellular, microwave, or other
similar electronic 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.
Electromagnetic field.
United States Environmental Protection Agency.
Federal Aviation Administration.
Federal Communication Commission.
A communication tower consisting of a single pole constructed
with guy wires and ground anchors.
Nonionizing electromagnetic radiation.
A study which demonstrates the existing signal coverage and
the signal coverage resulting from the proposed communication facility.
A communication tower, other than a monopole, that is constructed
without guy wires and ground anchors.
Technology that minimizes adverse aesthetic and visual impacts
on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location
of such telecommunications facilities, by using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
Communications towers, antenna(s), satellite systems and
accessory structures together used in connection with the provisions
of wireless communication service, personnel communications services,
paging services, radio, television broadcast services and similar
wireless, cellular, and systems similar or the same to the MetroCom
broadcast services.
See "communication tower."
The Incorporated Village of Oyster Bay Cove.
A.
No communication tower or antenna(s) system, accessory facility or
co-located antenna shall be erected, maintained or substantially modified
within the Village of Oyster Bay Cove unless a written application
shall be made for a special use permit to the Board of Trustees of
Oyster Bay Cove and approved in conformity with this article by the
Planning Board and the Board of Trustees of the Village of Oyster
Bay Cove.
B.
The application fee for a special use permit required by this chapter
shall be at the level fixed from time to time by resolution of the
Board of Trustees. Said application fee must accompany the Planning
Board application. The applicant shall also be responsible for payment
of hearing fees incurred by the Planning Board and the Board of Trustees,
including but not limited to publication, stenographer, engineering,
etc.
C.
Notwithstanding permit application fees, the applicant shall also be responsible for all professional fees incurred by the Village for adequate support of the Planning Board's review, the Board of Trustees' review; all as determined in Chapter 162, Fees and Deposits. Said fees must be paid within 10 days of being billed and, if not paid, the application shall be deemed abandoned.
D.
The applicant shall submit 10 copies of its application, along with
a complete digital submission on a flash drive or CD ROM, to the Village
Clerk together with a deed certified to be on file in the office of
the Nassau County Clerk bearing an original seal of the Nassau County
Clerk evidencing lawful ownership of the property upon which the facility
is to be constructed; a title report prepared by a title or abstract
company which is a member of the New York State Land Title Association
setting forth, among other things, all covenants and restrictions
concerning the use of the subject real property; a current survey
of the property, bearing an original seal of a land surveyor licensed
by the State of New York. The survey shall also delineate all structures
in existence on the property and shall set forth their exact locations
detailing their size, distance from each other and from the perimeter
of the property lines being set forth in feet and inches.
(1)
Where the applicant is not the owner of the subject property, the
applicant, in addition to those requirements hereinbefore set forth,
shall also submit written evidence satisfactory to the Building Department
and/or the Village Attorney that the applicant is either a contract
vendee having entered into a written contract of sale for the subject
property; or a proposed lessee of the property. Such evidence shall
be either a fully executed contract of sale or a fully executed lease
and/or use agreement.
(2)
Where a review by the Building Department and/or the Village Attorney
reveals that the subject property has existing violations of the Building
and Zoning Code, the application shall be returned to the applicant,
and no further action shall be taken upon the application until such
time as the violations have been removed or a variance has been granted
by the Board of Zoning Appeals.
(3)
Where a review by the Building Department and/or the Village Attorney
reveals that the proposed use violates a covenant and/or restriction
of the property, the application shall be returned to the applicant,
and no further action shall be taken upon the application until such
time as the covenant(s) and/or restriction(s) have been amended and/or
removed so that the proposed activity would no longer violate the
covenant(s) and/or restriction(s). The Village Clerk shall, upon the
receipt of an application and support documents, transmit same to
the Village Engineer and Village Attorney to ensure that such submission
is complete and conforms to the provisions of this article. Upon the
certification of both the Village Engineer and the Village Attorney,
the Clerk shall then transmit the entire package of submission to
the Board of Trustees for its referral to the Planning Board.
F.
The Planning Board's role in the process shall be advisory to
the Board of Trustees. As soon as practicable, the Planning Board
shall conduct a public hearing on the application, with notification
to residents and the public in the same manner as other public meetings
of the Planning Board.
G.
After completion of the public hearing or hearings, the Planning
Board shall send its written recommendation to the Board of Trustees,
which recommendation will be accompanied with the written record and
exhibits reviewed by the Planning Board.
H.
As soon as practicable thereafter, the Board of Trustees shall schedule
a public hearing on the application, which may be continued to another
date if necessary. The Board of Trustees shall be the lead agency
for the purposes of the State Environmental Quality Review Act (SEQRA),
and it shall conduct its review as set forth in 6 NYCRR Part 617.
I.
The height limitations of Article III (Residence A-1) and Article IV (Residence A-2) of this chapter shall not be a bar to any use sought under this chapter. Applicants shall submit documentation justifying the total height of any tower, facility and/or antenna requested and the basis therefor. Documentation in the form of propagation studies must include all supporting backup data used to perform at the height requested and a minimum of 10 feet lower than said height, to allow verification of the need for said height. Such documentation shall be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Village, to the extent practicable, unless good cause is shown. No tower or any accessory facility constructed after the effective date of this article shall exceed the height which shall permit operation without required artificial lighting of any kind in accordance with Village, state, and/or any federal statute, law, local law, Village Code, rule or regulation.
J.
The application will not be granted unless the applicant demonstrates
to the reasonable satisfaction of the Board of Trustees that no existing
use, structure, or alternate technology not requiring new construction
can accommodate the applicant's proposed use.
K.
After completion of the hearing or hearings, the Board of Trustees
shall issue a written decision, file the original with the Village
Clerk, and notify the applicant by first class regular mail.
A.
The applicant must provide either a financial security bond or a
security deposit for the construction, maintenance and removal of
the telecommunication facility, and such bond or security deposit
must be delivered to the Village Clerk, in an amount to be approved
by the Board of Trustees, prior to the issuance of any building permit.
B.
The applicant shall be required to sign an agreement with the Village
whereby the applicant agrees to remove the tower, antenna(s), accessory
structures and other improvements if the telecommunication facility
ceases to be used for its original intended purpose for 90 consecutive
days or a total of 180 days in any 365-day period. The applicant shall
further agree that the tower, antenna, accessory structure and other
improvements shall be removed within six months of the first date
upon which the telecommunications facility ceases to be used for its
original intended purpose for six months. The aforesaid financial
security shall be used to guarantee the proper construction, maintenance
and removal of the telecommunication facilities should that be required.
C.
The applicant shall further agree to continually renew the bond throughout
the lifetime of the telecommunication facility and file proof of said
renewal with the Village Clerk.
D.
The Board of Trustees shall have the continuing authority and right
to review said bond or security and its amount and reasonably modify
the amount and terms of the same if it is not consistent with the
intent of this article. If the applicant does not review the bond
and allows it to lapse, the Village may deem the tower and the facilities
abandoned.
(1)
A holder of a special use permit for telecommunications facilities
shall secure and at all times maintain public liability insurance
policies for personal injury, death, property damage, and umbrella,
for the duration of the special use permit in the amounts fixed, from
time to time, by resolution of the Board.
(2)
Any commercial general liability insurance policy, for a telecommunications
facility on Village property, shall specifically include the Village,
its officers, boards, members of any board, employees, attorneys,
agents, and consultants as additional insureds.
(3)
Insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state which
maintains a Best's rating of "A" or better.
(4)
Before any building permit is granted for a permitted telecommunications
facility, and in no case more 15 days after the granting of the special
use permit, the holder said special use permit shall provide the Village
with copies of all relevant policies or certificates of insurance
reflecting the required insurance amounts.
(5)
All such insurance policies shall contain an endorsement obligating
the insurance company to furnish the Village with at least 30 days'
written notice prior to the cancellation of any of the insurance.
(6)
Renewal or replacement policies or certificates of insurance shall
be delivered to the Village at least 15 days before the expiration
date of any policies or certificates of insurances then in effect.
E.
Any application for telecommunication facilities proposed to be located
on Village property, pursuant to this article, shall contain a provision
with respect to indemnification. Such provision shall require the
applicant, to the extent permitted by the law, to at all times defend,
indemnify, protect, save, hold harmless, and exempt the Village, and
its officers, boards, employees, board members, committee members,
attorneys, agents, and consultants from any and all penalties, damages,
costs, or charges arising out of any and all claims, suits, demands,
causes of action, or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of or are caused by the placement, construction, erection,
modification, location, use, operation, maintenance, repair, installation,
replacement, removal, performance of, or restoration of said facility,
excepting, however, any portion of such claims, suits, demands, causes
of action or award of damages as may be attributable to the negligent
or intentional acts or omissions of the Village, or its servants or
agents. The penalties, damages, and charges referenced herein, as
recoverable by the Village, shall include reasonable attorneys'
fees, consultants' fees, and expert witness fees. Notwithstanding
the requirements noted above, no indemnification provision shall be
required where the Village acts as an applicant for a special use
permit under the provisions of this article.
Any current or future lease between the applicant and the owner
of the proposed telecommunication facility site shall be subject to
review by the Planning Board and the Board of Trustees to ascertain
whether it is consistent with this article.
The following tower and antenna application materials are required:
A.
Village-supplied Planning Board application.
B.
Village-supplied environmental assessment form (EAF).
C.
Site plan, prepared in accordance with § 264-4C(3), prepared to scale (no greater than one inch equals 20 feet) and in sufficient detail and accuracy showing, at a minimum:
(1)
The exact location of the proposed tower together with guy wires
and guy anchors, if applicable.
(2)
The maximum height of the proposed tower or antenna(s); scaled section
required.
(3)
Construction drawings and sketches sufficient to allow the Village
Engineer or other Village experts to determine the safety and suitability
of said proposed construction.
(4)
The color or colors of the tower and/or antenna(s).
(5)
The location, type and intensity of lighting, if any, proposed to
be located on the tower.
(6)
Surveyed boundaries of the leased or owned property upon which the
telecommunication facility is located.
(7)
Proof of the landowner's consent if the applicant does not or
will not own the property, together with a copy of the lease agreement.
(8)
The location of all structures within the 100% clear zone along with
the distance to those structures.
(9)
The names and mailing address of all landowners who own land within
1,000 feet of the property.
(10)
The location, nature, and extent of any proposed fencing, landscaping,
screening, and buffering.
(11)
The location and nature of proposed utility easements and access
road(s), if required.
(12)
Building elevations of accessory structures or facilities or
utility service facilities.
D.
"Before" and "after" propagation studies prepared by a qualified
radio frequency (RF) engineer demonstrating existing signal coverage,
contrasted with the proposed signal coverage resulting from the proposed
telecommunication facility. The applicant shall provide a professional
resume for the above-referenced RF engineer.
E.
Evidence of compliance with FCC regulations, NIER levels, and EMF
standards.
F.
Proposed parking, paving, and lighting and location of same at the
premises upon which the tower is located. All utilities at the site
shall be installed underground wherever possible and in compliance
with all laws, rules and regulations of the Village.
G.
A search ring prepared by a qualified RF engineer and overlaid on
an appropriate background map demonstrating the area within which
the antenna needs to be located in order to provide proper signal
strength and coverage to the target cell. The applicant must be prepared
to explain to the Planning Board why it selected the proposed site,
discuss the availability or lack of availability of suitable existing
structure(s) within the search ring, which would have allowed for
co-located antenna(s) elsewhere.
H.
Affidavit from the applicant identifying specific attempts to place
a co-located antenna(s) within the search area and that such efforts
were entirely unsuccessful.
I.
A line of sight or visual impact study, as follows:
(1)
Drawings, photographs or computer-generated graphic representation(s)
of the views from 1,000 feet away from the north, south, east, and
west of all natural and man-made features and structures within those
views, including the proposed tower and other improvements.
(2)
A statement as to the potential visual and aesthetic impacts of the
proposed telecommunication tower on all adjacent properties including
comment on decreased property values.
(3)
The visual impact analysis shall be prepared and sealed by an engineer
or architect registered in New York State.
J.
An engineer's statement or statements from appropriate governmental
agencies that the proposed telecommunication facility will have no
adverse impact on air or surface traffic within 1/2 mile of the tower.
In addition to all conditions specified herein, the applicant shall
meet all requirements imposed for similar proposed construction within
the unincorporated areas of the Town of Oyster Bay.
K.
An engineer's certified statement that:
(1)
The reception and/or transmission function of the telecommunication
facility will not interfere with the usual and customary transmission
or reception of radio, television, etc., services of adjacent properties;
(2)
The telecommunication facility being proposed is utilizing the most
current and up-to-date technology in the industry and will provide
the least visual and aesthetic impact on the surrounding community;
and
(3)
That if technology develops so as to significantly reduce the size
or visual impact of any existing telecommunications facilities that
were previously approved by the Village and/or to improve the aesthetics
of existing approved structures, the applicant must notify the Village
in writing of same.
L.
Such other additional information, studies, alternative sites and
assessments as may be required by the Planning Board and/or the Board
of Trustees to fully review and evaluate the potential impact and
location of the proposed tower or antenna.
A.
The Village hereby declares, not in order of preference, that the
following are the expressed preferred locations of the communication
towers and antenna(s):
B.
Any location of a tower, antenna(s) or support system upon an existing
structure or building shall be attached, affixed or placed thereon
in a manner which is safe for the lifetime of the building or structure
and which is safe for the people and structures in and around said
tower, antenna(s) and support system.
C.
The number and location of antenna(s) or other receiving or transmitting
devices and their support system on an existing structure or building
shall be as many as is structurally and technically feasible.
D.
Notwithstanding other provisions in this article, in a residential
district, no tower may be erected closer than twice the radius of
the 100% clear zone to any structure located in a residential district.
E.
If the proposed site is not proposed for one of the preferred locations listed in Subsections A(1) to (3) above, then a detailed explanation must be provided as to why such a site was not selected. The person seeking such an exception 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 site.
A.
No approved telecommunication facility, antenna(s) or support systems
shall hereafter be used, erected, moved, reconstructed, changed, or
altered unless approved by the Board of Trustees in conformity with
this article. Furthermore, no change in applicant's technology
shall be authorized without Board of Trustees' approval. This
provision does not require approval for routine maintenance of the
telecommunication facility.
B.
Where this article conflicts with other laws of the State of New
York or United States, the more restrictive regulation(s) shall apply,
except for tower height restrictions, which are governed by this article.
A.
Preferred design. Monopoles are the preferred design, followed by
guyed towers and then freestanding towers. Regardless of the design
selected, all applications must, to the fullest extent possible, utilize
stealth technology to reduce the visual and aesthetic impact of the
proposed application. The Planning Board may, with good cause shown,
require one tower design over other tower designs.
B.
Visual impacts. Any tower, antenna(s) and accessory facility shall
be constructed and designed to have the least practical visual impact
on the area within reasonable proximity to the tower antenna(s) or
accessory facility.
C.
Fencing and lighting. A six-foot fence of chain link construction
shall be required to enclose and secure the base of a communication
tower. The purpose of the fencing is to prevent unauthorized access
to the site. In the absence of good cause shown, the applicant shall
install and maintain security cameras at the site. There shall be
reasonable lighting at the base of the structure for security purposes
and to further deter unauthorized access. The lighting shall be directed
toward the interior of the enclosed area. The applicant shall be responsible
for maintaining fencing and lighting during the duration of facility
operation.
D.
The applicant must submit with his/her application a landscaping
plan for review and approval by the Village Engineer.
E.
Color. The Planning Board may recommend the color or colors that
are acceptable as long as said colors are permitted by the FAA. The
Planning Board may require a pattern of colors, depending on the proposed
location and its visual impact on the area wherein the tower is to
be located. The tower color, once approved by the Board of Trustees,
shall not be changed without Board of Trustee approval.
F.
Tower lighting. Communication towers shall be designed and located
to avoid, whenever possible, applications of FAA lighting and painting
requirements. The Board of Trustees may, however, require lighting
even in the absence of such requirements by the FAA.
G.
Signs. The Board of Trustees may require that "no trespassing," "high
voltage," or other appropriate warning signs be placed on the premises.
A sign containing the name of the owner and operator of the antenna(s),
shelter and cabinet, as well as emergency phone numbers(s) measuring
no larger than four square feet must be located at the premises. No
advertising signs shall be permitted.
H.
Height. The tower height is to be measured from the base of the tower
where it meets the lowest part of the ground.
I.
Access road and parking. An access road and parking shall be provided
for emergency access.
J.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible.
K.
Accessory building and equipment storage.
(1)
Accessory facilities shall maximize use of building materials, colors,
and textures designed to blend with the natural surroundings.
(2)
Accessory facilities and buildings and equipment storage buildings
are permitted as long as they are used in direct conjunction with
the tower and its operation and they are used on a permanent basis.
No accessory building can be used for residential purposes.
(3)
Mobile or immobile equipment not used in direct support of a tower
facility shall not be stored or parked on the site of the communication
tower, unless actively engaged in maintenance or repairs to the tower.
L.
Radio frequency. The Board of Trustees may impose a condition on
the applicant that the communication antenna(s) be operated at FCC-designated
frequencies and power levels and/or EPA technical exposure limits,
and that the applicant provide competent documentation to support
the requirement that maximum allowable frequencies, power levels,
and exposure levels for radiation will not be exceeded.
M.
Other conditions. The Board of Trustees shall have the authority
to impose such other reasonable conditions and restrictions as are
directly related to and incidental to the health, safety and general
welfare of the citizens of the Village regarding the location, construction,
maintenance, design and removal of a proposed communication tower
and its special use permit or site plan.
N.
Lot size and setbacks.
(1)
All proposed towers and any other proposed telecommunications facility
structures shall be set back from adjacent parcels, recorded rights-of-way,
and road or street lines by the greater of the following distances:
(2)
Accessory structures shall be located so as to comply with the applicable
minimum setback requirements for the property as per the underlying
zoning district.
A.
The applicant, or its successor, assignee, grantee, or transferee
shall, every year, provide the Village Clerk and Village Engineer
a written inspection report by a qualified, licensed engineer which
certifies that the tower meets applicable structural safety standards
and EMF safety standards. If maintenance or repairs are required by
said report, then it is the affirmative duty of the applicant, its
successor, grantee or transferee to make the repairs or perform the
maintenance.
B.
The applicant agrees to pay an annual fee to be set by the Board
of Trustees to the Village to reimburse the Village for all such inspection
costs it may incur.
The communication tower, antenna(s), support system, and surrounding
ground area shall be kept in good order, repair, and condition. It
shall be the affirmative duty of the applicant, its successor, assignee,
grantee, or transferee to make all repairs and maintenance necessary
to make the telecommunication facilities and surrounding grounds safe,
secure, and visually compliant with the Village ordinances and Planning
Board's conditions and terms of approval.
A.
It is the preference of the Village to have future antenna(s) and
other communication receivers or transmitters co-located on existing
towers. Any tower should be high enough and should be constructed
in a manner to permit co-location of a minimum of three additional
licensee wireless communications providers. In all circumstances,
Village Board of Trustees shall issue a special use permit for a tower
construction, which provides co-location capabilities.
B.
Any lease between an applicant and a landowner must include a clause,
term, provision or condition that permits co-location. The applicant
shall provide a copy of all lease agreements to the Board of Trustees
as proof of same.
C.
In the event that an applicant seeks to locate in the Village, wherein
there are existing communication towers, the applicant shall be required
to submit a report demonstrating good-faith efforts to secure co-location.
In the event colocation is not proposed, the applicant shall submit
a written report demonstrating the applicant's review of the
existing telecommunications facilities within the Village and why
colocation cannot be achieved.
D.
The applicant must submit a copy of its policy regarding co-location,
which includes the following conditions:
(1)
The new co-located antenna(s) and equipment do not exceed structure
loading requirements nor interfere with tower space used or to be
used by the applicant nor pose any technical or radio frequency interference
with existing equipment.
(2)
The co-locating party pays the applicant an appropriate and reasonable
sum to co-locate.
(3)
As part of the application process, an applicant shall supply a statement
to the Village that the applicant will, as a continuing condition
of a permit under this article, allow co-location on applicant's
tower to the extent technically feasible.
The following telecommunications facilities are permitted in
any district, without requirement for compliance with the other provisions
of this article:
A.
Fire, police and other emergency dispatch services where telecommunications
facilities are less than 50 feet above the ground, if originating
from the ground, or less than 25 feet above the average roofline,
if originating from the roof of a building.
B.
Nonbusiness television or radio reception, private citizen's
band, amateur radio and other similar communications systems utilizing
a tower and antenna, which do not exceed 50 feet above the ground,
or originating from the ground, or which do not exceed 25 feet above
the average roofline, if originating from the roof of a building.
For the purposes of this subsection, "nonbusiness" means a use for
which money, property or anything else of value is not charged, earned
or received by the owner, operator, lessee or other person(s) in control
of the telecommunications facility or the property on which it is
located.
C.
A telecommunications facility located on property owned or leased
by the Village of Oyster Bay Cove, and which is located on such property
and operated pursuant to a written lease or license agreement with
the Village of Oyster Bay Cove authorized by the Board of Trustees.
D.
Any minor repair, as to be determined by the Building Inspector,
and maintenance of a telecommunication facility does not require an
application for a special use permit.
A.
Once a communication tower or antenna application is approved by
the Board of Trustees, the applicant shall obtain a building permit
within three months of the special permit approval, and the project
shall be completed within six months of issuance of the building permit.
B.
The failure to obtain a permit within the time permitted or to complete
the construction in the time permitted shall be deemed and considered
to be an abandonment of the application.
C.
Should such a facility not be used for a period of more than six
months, then same shall be deemed to be abandoned, as if no permit
was ever issued.
D.
Each applicant for an antenna and/or tower shall provide to the Building
Inspector an inventory of its existing towers, antennas, or sites
approved for towers or antennas, that are either within the jurisdiction
of the Incorporated Village of Oyster Bay Cove or within one mile
of the border thereof, including specific information about the location,
height, and design of each tower. The Building Inspector may share
such information with other applicants applying for administrative
approvals or special use permits under this chapter or other organizations
seeking to locate antennas within the jurisdiction of the Incorporated
Village of Oyster Bay Cove; provided, however, that Building Inspector
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
Any applicant desiring relief, waiver, or exemption from any
aspect or requirement of this article may request such, provided that
the relief or exemption is contained in the submitted 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 applicant's existing tower and/or facility. Such relief may
be temporary, permanent, partial, or complete. The applicant bears
the burden of proving the reasonable need for any such requested relief,
waiver, or exemption. No such relief, waiver, or exemption shall be
approved unless the applicant demonstrates by clear and convincing
evidence that, if granted, the relief, waiver, or exemption will have
no significant effect on the safety and welfare of the Village, its
residents, and other service providers. The applicant shall bear all
costs of the Village in considering the request, waiver, exemption,
or other relief.
A.
To the extent that the holder of a special use permit for wireless
telecommunications facilities has not received relief or is otherwise
exempt from appropriate state and/or federal agency rules or regulations,
the holder of a special use permit granted under this article shall
adhere to, and comply with, all applicable rules, regulations, standards,
and provisions of any state or federal agency including, but not limited
to, the FAA and the FCC. Specifically included in the requirements
of this section are any rules and regulations regarding height, lighting,
security, electrical, and RF emission standards.
B.
To the extent that applicable rules, regulations, standards, and
provisions of any state or federal agency, including but not limited
to the FAA and the FCC, and specifically including any rules and regulations
regarding height, lighting, and security are changed and/or are modified
during the duration of a special use permit for wireless telecommunications
facilities, the holder of such a special use permit shall conform
the permitted wireless telecommunications facilities to the applicable
changed or modified rule, regulation, standard, or provision within
a maximum of 24 months of the effective date of the applicable change
or modification, or sooner, if so required by the issuing agency.
