[HISTORY: Adopted by the Town Board of the
Town of Sweden 8-26-1997; amended in its entirety 1-21-2020 by L.L. No. 1-2020.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This chapter was previously amended in its
entirety 8-22-2006 by L.L. No.
3-2006.
This chapter shall be referred to as "Local Law No. 1 of 2020 Amending Chapter 166 to the Sweden Town Code concerning Telecommunication Facilities."
This chapter is adopted pursuant to the legislative authority
in Municipal Home Rule Law § 10 and Town Law §§ 261
through 264.
A.
The purpose of this chapter is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless telecommunication
facilities in the Town of Sweden (hereinafter referred to as "Sweden").
While Sweden recognizes the importance of wireless communication facilities
in providing high-quality communication service to its residents and
businesses, Sweden also recognizes that it has an obligation to protect
public safety and to minimize the adverse effects of such facilities.
B.
By enacting this chapter, Sweden intends to:
(1)
Provide for the managed development of wireless telecommunication
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of Sweden residents and wireless carriers
in accordance with federal, state and local laws.
(2)
Establish a fair and efficient process for review of applications.
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless telecommunication facilities in
Sweden.
(4)
Address and provide for new wireless technologies.
(5)
Encourage the collocation of wireless communication facilities on
existing structures rather than the construction of new support structures.
(6)
Protect Sweden residents and businesses from potential adverse impacts
of wireless communication facilities to the extent permitted under
law and preserving the visual character of the community.
(7)
Minimize safety hazards and damage to adjacent properties through
proper locational engineering and operational requirements.
(8)
Minimize the impact of such facilities on residential properties.
As used in this chapter, the following terms shall have the
meanings indicated hereinbelow:
Any facility or structure serving or being used in conjunction
with a telecommunications tower and located on the same lot as the
telecommunications tower.
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
A system of communications equipment that transmits or receives
electromagnetic radio frequency signals. Such signals shall include
but not be limited to radio, television, cellular, paging and personal
communication services ("PCS").
The area surrounding a standard wireless telecommunication
facility that is free and clear of structures, public rights-of-way,
parking lots, navigable water and other such areas that could be hit
by structural failure, falling debris and other such dangers, with
the exception of accessory facilities or structures associated with
the tower.
Consistent with the Nationwide Programmatic Agreement (NPA)
for the Collocation of Wireless Antennas, meaning mounting, maintaining,
operating, replacing or installing an antenna facility on a pre-existing
structure, and/or the modifying of a structure for the purpose of
mounting or installing an antenna facility on same.
Any wireless telecommunications facility that is not a small
wireless facility.
A method of providing line-of-sight telecommunications by
means of a series of antennas, transmitters and reflectors on towers.
A wireless communication support structure which consists
of a single pole designed and erected on the ground or on top of a
structure to support wireless communication antenna and accessory
equipment, but not including small wireless facilities.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
Any way over which the public possesses the right to travel,
which heretofore has been duly laid out, adopted and established by
law, whether publicly owned or not. The term "road" includes state,
county and Town highways and roads, streets, squares, places, courts,
boulevards, parkways and other ways, however designated, to which
the public has access.
A wireless telecommunication facility, including but not
limited to micro cells that meet each of the following conditions:
Each antenna (excluding associated antenna equipment) is not
more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) are
cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration;
and
The facility is not located in tribal lands, as defined under
36 CFR 800.16(x); and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards.
Camouflaging methods applied to wireless communication facilities
which render them more visually appealing or which serve to blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
These methods include, but are not limited to, architecturally screened
roof-mounted facilities, building-mounted antennas painted to match
the existing structure to the greatest extent feasible, and facilities
constructed to resemble trees, shrubs, light poles, and the like,
to the extent feasible.
A pole or similar structure that is used in whole or 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 Town-owned poles. Such term shall include
structures supporting only small wireless facilities.
Equipment at a fixed location that enables wireless telecommunications
between user equipment and a communications network, including: i)
equipment associated with wireless telecommunications; ii) radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configurations.
The term includes small wireless facilities. The term does not include
the structure or improvements on, under, or within which the equipment
is allocated.
A.
These regulations shall apply to all zoning districts.
B.
Land use rankings. Preferred sites for the location of telecommunications
facilities will be ranked according to the following scale, [(1) being
more desirable to (6) being least desirable]:
C.
No telecommunications facility or small wireless facility shall be
used, erected, moved, reconstructed, changed or altered until a completion
and/or approval process is undertaken for a conditional use permit,
site plan, building permit and/or otherwise in conformity with this
chapter and/or the Sweden Town Code.
D.
No modification to any existing structure shall occur to a telecommunications
facility or small wireless facility unless in conformity with this
chapter and/or the Sweden Town Code. Any building permit application
will include a structural analysis/report verifying the ability of
a structure to handle the proposed antenna. The height of any new
antenna shall not extend above the height of the existing structure
by more than 50 feet.
The following are exempt from the application of this chapter:
A.
The repair and/or maintenance of existing wireless telecommunication
facility towers, communication towers, telecommunication facilities,
accessory facilities or related structures, towers, antennas, satellite
antennas, satellite dishes and/or poles.
B.
Antennas used solely for residential household television and/or
radio reception.
C.
Satellite antennas one meter 39.37 inches or less in diameter, building
mounted, installed according to manufacturer's recommendations,
adequately secured and meeting all electrical code requirements regardless
of zoning district. For safety reasons, no such satellite antenna
shall be placed on a fire escape and/or placed so as to impair ingress
or egress to a building structure or placed within 10 feet of a power
line.
D.
Freestanding satellite antennas for residential use placed behind
the principal structure and at least four feet from the lot line.
E.
Satellite antennas two meters (78.74 inches) or less in diameter,
building mounted, installed according to manufacturer's recommendations,
adequately secured, meeting all electrical code requirements and located
in industrial or commercial districts. For safety reasons, no such
satellite antenna shall be placed on a fire escape, placed so as to
impair ingress or egress to a building or structure or placed with
10 feet of a power line.
F.
Any tower or antenna not more than 50 feet in height, or any satellite
dish not more than six feet in diameter, owned and operated by a federally
licensed amateur radio station operator or used exclusively as a receive-only
facility.
G.
Any lawful or approved use existing prior to the effective date of
this chapter.
H.
Amateur radio operators as licensed by the Federal Communications
Commissions (FCC).
A.
Except as provided in this chapter, carriers having telecommunication
facilities in Sweden shall register with the Sweden Town Clerk in
a form and manner approved by Sweden and shall include the following
information:
(1)
The identity and legal status of the registrant, including any affiliates,
subsidiaries, joint ventures and partnerships.
(2)
The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
(3)
A description of the registrant's existing or proposed telecommunications
facilities within Sweden.
(4)
A description of the telecommunications services that the registrant
intends to offer or provide.
(5)
Information sufficient to determine whether the registrant is subject
to public rights-of-way licensing or franchising.
(6)
Information sufficient to determine whether the transmission, organization
or receipt of the telecommunications services to be provided constitutes
an occupation or privilege subject to any tax or fee imposed by Sweden.
(7)
Information sufficient to determine that the applicant has applied
for and received any certificate of authority required by the State
of New York to provide telecommunications services or facilities within
Sweden.
B.
Exceptions to registration. The following telecommunications carriers
and providers are excepted from registration under this chapter.
(1)
Telecommunications carriers that are owned and operated by the federal
government, the state government or any political subdivision of the
state for use by that entity.
(2)
Any person who provides telecommunications services solely to itself
between points in the same building or between closely located buildings
under common ownership or control, provided that such does not use
or occupy any public rights-of-way of Sweden.
A.
Except as otherwise set forth in this chapter, no person shall be
permitted to site, place, build, construct, modify or prepare any
site for the placement or use of wireless telecommunication facilities
without having first obtained either a special use permit for a large
wireless facility or a small wireless permit for a small wireless
facility.
B.
Notwithstanding anything to the contrary in this chapter, any application
for a wireless telecommunication facility that does not substantially
change the dimensions of a wireless telecommunication facility shall
not require a special use permit or a small wireless facility permit.
In the event that a modification to, or replacement of, an existing
wireless telecommunications facility does not substantially change
such existing wireless telecommunication facility, a provider need
only obtain any generally applicable permit(s) required for its construction
activities or work in the right-of-way.
C.
Any repair and/or maintenance of an existing wireless telecommunication
facility shall not require a special use permit or small wireless
facility permit.
D.
In addition to the requirements for the issuance of a permit for
a wireless telecommunication facility to be located in a public right-of-way
as set forth in this chapter, any telecommunications provider shall
also comply with the procedures and requirements set forth in the
Sweden Town Code relating to conducting construction activities within
the public right-of-way. To the extent any such provisions in the
Sweden Town Code are inconsistent with the provisions set forth in
this chapter, the provisions in this chapter shall control.
E.
Notwithstanding the provisions set forth in this chapter, in the
event an application seeks to place a wireless telecommunication facility
on property owned or controlled by Sweden, other than within a Sweden-owned
public right-of-way, such application shall be exempt from the requirements
of this chapter and shall remain within the sole and absolute discretion
of Sweden, which may impose any condition for such use as deemed appropriate.
Nothing herein shall be deemed to create any right or entitlement
to use Sweden property for such wireless telecommunication facility.
F.
In the event any conflict exists between federal or state laws or
regulations and any provision of this chapter, the provisions of such
federal or state laws shall control.
A.
All small wireless facilities shall require a small wireless facility
permit to be issued by the Sweden Town Planning Board.
B.
The Sweden Town Planning Board shall be empowered to condition the
issuance of a building permit upon implementation of stealth technologies
or other measures which mitigate visual effect.
C.
All applications for small wireless facilities permits shall comply
with the provisions of this chapter. The Sweden Town Planning Board
shall have the authority to waive any requirements set forth in this
chapter relating to an application for, or approval of, a small wireless
facility permit, provided that it would further the purposes of this
chapter.
D.
Unless otherwise set for in this chapter, a wireless telecommunication
facility not meeting the requirements set forth for small wireless
facilities shall require a special use permit from the Sweden Town
Planning Board.
A.
Upon receipt of an application for a small wireless facility, the
Sweden Town Planning Board shall review said application and plans
in accordance with the standards and requirements set forth in this
chapter.
B.
The Sweden Town Planning Board may attach such conditions and safeguards
to any small wireless facilities permit and site development plan
as are, in its opinion, necessary to ensure initial and continued
conformance to all applicable standards and requirements.
C.
No application shall be accepted and no small wireless facilities
permit shall be issued for a property where the Sweden Town Building
Inspector has found, or there exists, a violation of the Sweden Town
Code that has not been corrected or waived where appropriate.
D.
Granting a small wireless facility permit shall not waive any requirement
relating to payment of applicable fees.
E.
An application for a facility permit shall be signed on behalf of
the applicant by the person preparing same and with knowledge of the
contents and representations made therein, attesting to the truth
and completeness of the information. For locations outside the public
right-of-way, the landowner, if different than the applicant, shall
also sign the application.
F.
If a small wireless facility is located on private property, the
applicant must provide evidence that the proposed use is authorized
by the property owner.
G.
The applicant shall include a statement in writing that the facility
shall be maintained in a safe manner and in compliance with all conditions
of the small wireless facility permit, as well as all applicable federal,
state and local laws.
H.
In addition to all other required information as stated in this chapter,
all applications for the construction or installation of a new facility
or modification of an existing facility shall contain the following
information:
(1)
A descriptive statement of the objective(s) for the new facility
or modification.
(2)
The name, address and phone number of the person preparing the report.
(3)
The name, address and phone number of the property owner, operator
and applicant.
(4)
The postal address and tax map parcel number of the property where
the proposed location is on private property.
(5)
The zoning district or designation in which the property is situated.
(6)
The location, size and height of all existing and proposed structures
on the subject property of the application.
(7)
The type, location and dimensions of all proposed and existing landscaping
and fencing if the proposed small wireless facility is located outside
of the public right-of-way.
(8)
The number, type and model of the antenna proposed.
(9)
The make, model, type and manufacturer of the utility pole, monopole
or other structure on which any antenna or accessory equipment for
a small wireless facility is to be located and a statement regarding
the structure's capacity to accommodate multiple users.
(10)
A site plan describing any new proposed structure and antenna
and all related fixtures, accessory equipment, appurtenances and apparatus,
including but not limited to height above preexisting grade, materials,
color and lighting.
(11)
Certification that RF emissions at the proposed site will be
and remain within the current threshold levels adopted by the FCC.
(12)
A signed statement that the proposed installation will not cause
physical or RF interference with other lawfully operating telecommunications
devices.
A.
Design. A facility shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including,
but not limited to, the most recent editions of the American National
Standards Institute (ANSI) Code, the National Electrical Safety Code,
and the National Electrical Code. All facilities shall be kept and
maintained in good condition by qualified maintenance and construction
personnel so that same shall not endanger the life of any person or
property in Sweden.
B.
Aviation safety. Small wireless facilities shall comply with all
applicable federal and state laws and regulations concerning aviation
safety.
C.
Public safety communications. A facility shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
D.
Radio frequency emissions. A facility shall not, by itself or in
conjunction with another facility, generate radio frequency emissions
in excess of the standards and regulations of the FCC, and when a
facility is completed, as-built readings will be taken and submitted
to the Sweden Town Planning Board.
E.
Maintenance. The following maintenance requirements shall apply:
(1)
A facility shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance or emergency repair.
(2)
Maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of Sweden's residents.
(3)
Maintenance activities shall utilize nothing less than the best available
technology for preventing failures and accidents.
(4)
The owner or operator of a facility shall maintain standby power
generators or batteries capable of powering the facility for at least
12 hours without additional public utility power and/or indefinitely
and/or with a continuous fuel supply. Such standby power shall activate
automatically upon the failure of public utility power to the site.
Notwithstanding the foregoing, the Sweden Planning Board may in its
discretion waive the requirement for such backup power.
A.
For small wireless facility applications, the Sweden Town Planning
Board may, in its discretion, require a public hearing.
B.
Time frames for approval.
(1)
Within 60 days of receipt of a complete application for the collocation
of a facility on a preexisting utility pole, monopole or other existing
wireless telecommunication facility support structure, the Sweden
Town Planning Board shall make a final decision on whether to approve
the application and shall notify the applicant in writing of such
decision.
(2)
Within 90 days of receipt of a complete application for a facility
on a new utility pole, monopole or other new wireless telecommunication
facility support structure, the Sweden Town Planning Board shall make
a final decision on whether to approve the application.
C.
All time periods set forth in this chapter can be extended or modified
by mutual consent/agreement of the applicant and the Sweden Town Planning
Board.
A facility shall be no higher than the minimum height necessary.
Any proposed height in excess of maximum height permitted for other
structures in the applicable zone shall address any additional height
necessary to accommodate collocation by additional antenna arrays.
Under no circumstances is the height to be in excess of what is permitted
for a facility.
A.
Setback. All support structures for a facility located outside the
public right-of-way shall be set back from the property line of the
lot on which it is located a distance equal to not less than the total
height of the facility (including support structure) measured from
the highest point of such support structure to the finished grade
elevation of the ground on which it is situated plus 10% of such total
height. The Sweden Town Planning Board may reduce such setback requirement
based upon consideration of lot size, topographic conditions, adjoining
land uses, landscaping, other forms of screening and/or structural
characteristics of the proposed support structure.
B.
Visibility.
(1)
Any facility shall be sited so as to minimize adverse visual effect
on the environment. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting having as unobtrusive and
inoffensive an effect as is permissible under federal, state and local
laws.
(2)
The facility shall maximize use of building materials, colors and
textures designed to blend with the natural surroundings.
(3)
In residential areas where all existing utilities are underground,
any electrical and fiber lines extended to serve facility sites shall
also be installed underground to the extent feasible.
(4)
To the greatest extent feasible, stealth technology shall be utilized
in an effort to blend into the surrounding environment.
C.
Security.
(1)
Any facility and antennas shall be located, fenced or otherwise secured
in a manner that prevents unauthorized access.
(2)
All antennas and other supporting structures shall be made so that
they are not readily accessible and constructed or shielded in such
a manner that they cannot be climbed or collided with.
(3)
Transmitter and telecommunications control points shall be installed
in such a manner that they are readily accessible only to those authorized
to operate or service them.
A nonrefundable application fee in an amount as determined by
Sweden and as set forth the Sweden Town Fee Schedule, in addition
to any applicable fee authorized by state and federal law, shall be
paid in full at the time of the application.
The applicant and the owner of record of any proposed facility
property site shall comply with the requirements of the Sweden Town
Planning Board relating to posting of security to place a facility
in Sweden, the form and amount of same to be in the sole discretion
of the Sweden Town Planning Board.
Sweden may inspect at any time, upon providing reasonable notice,
all facets of any permit holder's, renter's, lessee's
or licensee's placement, construction, modification and maintenance
of such facility, including, but not limited to, structures, antennas,
accessory equipment and electromagnetic output.
An applicant for a facility permit shall secure and at all times
maintain public liability insurance for personal injuries, death and
property damage, and umbrella insurance coverage, for the duration
of the permit in an amount and form in the discretion of the Sweden
Town Planning Board.
Any approval for a facility that is proposed for Sweden property,
or in a public right-of-way pursuant to this chapter, shall contain
a provision with respect to indemnification. Such provision shall
require the applicant, to the extent permitted by law, to at all times
defend, indemnify, protect, save, hold harmless, and exempt Sweden
and its elected officials, officers, board members, employees, 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, product performance, use, operation,
maintenance, repair, installation, replacement, removal, 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 Sweden or its
servants or agents. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by Sweden.
The holder of any permit shall annually certify to the Sweden
Town Planning Board that the permitted small wireless facility is
compliant with the threshold RF emissions levels adopted by the FCC.
In addition, Sweden shall be permitted to conduct its own certification
test of RF emissions levels at the site where any small wireless facility
is located with or without notice to the wireless telecommunication
provider, with the cost of any such certification testing to be paid
for by the permit holder.
A.
Sweden may determine that the safety, public welfare, character and
environment of Sweden warrant and require the removal of a facility,
under the following circumstances:
(1)
The facility has been abandoned (i.e., not used as a wireless telecommunication
facility) for a period exceeding 180 days, except for periods caused
by force majeure or acts of God in which case repair or removal shall
commerce within 90 days.
(2)
A permitted facility falls into such a state of disrepair so as to
create a safety hazard and the holder of the small wireless facility
permit fails to promptly undertake remediation after receiving notice
of such hazard.
B.
The holder of the small wireless facility permit or the owner of
the property shall be required to dismantle and remove such small
wireless facility from the site and return the site to its original
condition and certify that no contamination has been created by the
facility. Such restoration is to be completed, limited only by physical
or commercial impracticability, within 90 days of receipt of written
notice from Sweden to remove the facility.
C.
If the facility is not removed within 180 days after the small facility
permit holder has received such written notice to remove, then the
Sweden Town Planning Board may order officials or representatives
of Sweden to remove the facility at the sole expense of the property
owner and/or small wireless facility permit holder.
D.
If Sweden removes or causes to be removed the facility pursuant to Subsection C above, and the owner of the facility does not claim and remove any equipment or materials to a lawful location with 10 days, Sweden may take steps to declare the facility abandoned and dispose of or sell same and retain the proceeds therefrom. Sweden may also cause the costs associated with the removal and disposal of the small wireless facilities to be assessed on the property in the same manner as a tax assessment.
A.
Except as otherwise provided by this chapter, no facility shall be
installed, constructed or substantially changed until a special use
permit application is reviewed and approved by the Sweden Town Planning
Board and a special use permit has been issued.
B.
Upon receipt of an application for a facility, the Sweden Town Planning
Board shall review said application and plans in accordance with the
standards and requirements set forth in this chapter. However, notwithstanding
anything to the contrary, the Sweden Town Planning Board shall have
the authority to waive any requirements set forth in this chapter
relating to an application for, or approval of, a special use permit
for a facility, provided that it would further the purposes of this
chapter.
C.
The Sweden Town Planning Board may attach such conditions and safeguards
to any permit and site development plan as are, in its opinion, necessary
to ensure initial and continued conformance to all applicable standards
and requirements.
D.
No application shall be accepted and no permit shall be issued for
a facility on a property where the Sweden Town Building Inspector
has found, or there exists, a violation of Sweden Town Code that has
not been corrected.
E.
Granting a special use permit shall not waive the requirement for
final site plan approval, including all required fees.
F.
An application for a special use permit for a facility shall be signed
on behalf of the applicant by the person preparing same and with knowledge
of the contents and representations made therein, attesting to the
truth and completeness of the information. The landowner, if different
than the applicant, shall also sign the application.
G.
The applicant must provide documentation to verify it has a legal
interest in the site where the facility is to be located in the form
of a deed, or contract or sale and/or lease for the property.
H.
The applicant shall include a statement, in writing, that:
(1)
The facility shall be maintained in a safe manner and in compliance
with all conditions of the special use permit, without exception,
as well as all federal, state and local laws.
(2)
The construction of a facility is legally permissible, including,
but not limited to, the fact that the applicant is authorized to do
business in New York State.
I.
The application shall be accompanied by a map professionally prepared
that shows the applicant's existing and proposed area of coverage
as well as the location of all existing facility sites within Sweden
and within 1/2 mile of Sweden in bordering communities.
J.
All applications for the construction or installation of a facility,
or any substantial change to an existing facility, shall contain the
following information:
(1)
A descriptive statement of the objective(s) for the new facility
or modification.
(2)
A statement demonstrating need for the large wireless facility to
provide service primarily within Sweden.
(3)
The name, address and phone number of the person preparing the report.
(4)
The name, address and phone number of the property owner, operator
and applicant.
(5)
The postal address and tax map parcel number of the property if located
on private property.
(6)
The zoning district or designation in which the property is situated.
(7)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application.
(8)
The type, locations and dimensions of all proposed and existing landscaping
and fencing, if the proposed facility is located outside of the public
rights-of-way.
(9)
The number, type and model of the antenna proposed.
(10)
The make, model, type and manufacturer of the support structure
and a design plan stating the support structure's capacity to
accommodate multiple users.
(11)
A site plan describing the proposed support structure and antenna
and all related accessory equipment, fixtures, structures, appurtenances
and apparatus, including height above preexisting grade, materials,
color and lighting.
(12)
The frequency, modulation and class of service for radio and
other transmitting equipment.
(13)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna.
(14)
Direction of maximum lobes and associated radiation of the antenna.
(15)
The applicant's proposed support structure and accessory
equipment maintenance and inspection procedures.
(16)
Documentation justifying height of any facility support structure.
(17)
Certification that RF emissions levels at the proposed site
will be and remain within the current threshold levels adopted by
the FCC.
(18)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices.
(19)
A copy of the FCC license applicable for the intended use of
the wireless telecommunication facilities.
(20)
Construction details for the proposed tower, supporting structure,
and base, including specifications for the maximum height of the tower
or structure that the proposed base could support.
(21)
Information relating to intended future collocation on the facility
that may result in a further increase in the size or height of the
proposed facility.
K.
The applicant shall be required to certify that it has made commercially
reasonable efforts to secure shared use of existing wireless telecommunication
support structures or the use of alternative existing buildings or
other structures within a 1/2 mile radius of the site proposed.
L.
The applicant shall furnish written certification that the wireless
telecommunications facility, structure, foundation, attachments and
accessory equipment are designed and will be constructed to meet all
applicable local, county, state and federal structural requirements
concerning loads, including wind and ice loads.
M.
The applicant shall submit a completed long form EAF. Based on circumstances
of each application for a large wireless facility, the Sweden Town
Planning Board may require submission of a detailed visual analysis.
N.
Any proposed facility shall show that the facility will be sited
so as to minimize visual intrusion as much as possible given the facts
and circumstances involved. Stealth technologies, where appropriate,
will be employed and will thereby achieve the least adverse visual
effect on the environment, the character of the community, the surrounding
properties and the residences in the area.
O.
The applicant shall identify and disclose the number and locations
of any additional sites that the applicant has been, is or will be
considering, reviewing or planning for wireless telecommunications
facilities in Sweden, and all municipalities adjoining Sweden, for
a two-year period following the date of the application.
Large wireless facilities are permitted in all zones, subject
to the restrictions and conditions prescribed below.
A.
Design. Any facility shall be designed, constructed, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including,
but not limited to, the most recent editions of the American National
Standards Institute (ANSI) Code, the National Electrical Safety Code
and the National Electrical Code. Any large wireless facilities shall
at all times be kept and maintained in good condition, order and repair
by qualified maintenance and construction personnel so that same shall
not endanger the life of any person or property in Sweden.
B.
Aviation safety. Large wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
C.
Public safety communications. A facility shall not interfere with
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
D.
Radio frequency emissions. Any facility shall not, by itself or in
conjunction with another facility, generate radio frequency emission
in excess of the standards and regulations of the FCC, and when a
facility is complete, as-built readings will be taken and submitted
to the Sweden Town Planning Board.
E.
Maintenance. The following maintenance requirements shall apply:
(1)
A facility shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance or emergency repair.
(2)
Maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of Sweden's residents.
(3)
Maintenance activities shall utilize nothing less than the available
technology for preventing failures and accidents.
(4)
The owner or operator of a facility shall maintain standby power
generators capable of powering the facility for at least 12 hours
without additional public utility power and/or indefinitely and/or
with a continuous fuel supply. Such standby power shall activate automatically
upon the failure of public utility power to the site. Notwithstanding
the foregoing, the Sweden Planning Board may in its discretion waive
the requirement for backup power.
A.
For any special use permit application, the Sweden Town Planning
Board shall hold a public hearing on due notice within 60 days after
submission of a completed application including such technical information
from the applicant as may be required by the Sweden Planning Board
for a special use permit under the provisions of this chapter.
B.
In any district, the Sweden Town Planning Board may grant a special
use permit for the construction of a facility for a period of five
years.
C.
Time frames for approval.
(1)
Within 30 days of receipt of a complete application for a facility,
Sweden shall notify the applicant in writing of any supplemental information
required to complete the application, and any such notification shall
toll any applicable time periods until the applicant submits the required
supplemental information.
(2)
Within 90 days of receipts of an application for a facility or within
150 days of receipt of an application for a new large wireless facility
with accompanying support structure, including such technical information
from the applicant as may be required by the Sweden Planning Board
for a special use permit under the provisions of this chapter, Sweden
shall make a final decision on whether to approve the application.
D.
All time periods set forth in this chapter can be extended or modified
by mutual consent agreement of the applicant and the Sweden Town Planning
Board.
Any facility support structure shall be no higher than the minimum
height necessary. Any proposed height which may be in excess of maximum
height permitted for other structures in the applicable zone shall
address any additional height necessary to accommodate collocation
by additional antenna arrays. Under no circumstances is the height
to be in excess of 150 feet.
A.
Setback. Any facility, including any support structures and accessory
equipment, located outside the public right-of-way shall be set back
from the property line of the lot on which it is located a distance
equal to not less than the total height of the facility, including
a support structure, measured from the highest point of such support
structure to the finished grade elevation of the ground on which it
is situated, plus 10% of such total height. The Sweden Town Planning
Board may reduce such setback requirement based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
B.
Visibility.
(1)
Any facility shall be sited so as to minimize adverse visual effect
on the environment. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting having as unobtrusive an effect
as is permissible under federal, state and local laws.
(2)
Support structures for any facility shall be galvanized and/or painted
with a rust-preventive paint of appropriate color to be specified
by the Sweden Town Planning Board so as to harmonize with the surrounding
property, and same shall be maintained in accordance with the requirements
of this chapter.
(3)
In areas where existing utilities are underground, electrical and
fiber lines extended to serve any facility sites shall be installed
underground to the extent feasible.
(4)
Stealth technology shall be utilized in an effort to blend into the
surrounding environment and minimize aesthetic impact.
C.
Security.
(1)
Any facility and antennas shall be located, fenced or otherwise secured
in a manner that prevents unauthorized access.
(2)
All antennas and other supporting structures shall not be readily
accessible and constructed or shielded in such a manner that they
cannot be climbed or collided with.
(3)
Transmitter and telecommunications control points shall be installed
in such a manner that they are readily accessible only to those authorized
to operate or service them.
The applicant shall be required to provide funds to an escrow
account held by Sweden to allow the Sweden Town Planning Board to
retain such technical experts and other consultants as may be necessary
to review the proposal, including, but not limited to, the review
of financial and technical aspects of the proposal and of the financial,
legal and technical practicability of alternatives which may be available
to the applicant.
A nonrefundable application fee shall be paid in an amount as
determined by Sweden and as set forth in the Sweden Town Fee Schedule,
in addition to any other applicable fee authorized by law, same to
be paid in full at the time of application.
The applicant and the owner of record of any proposed facility
property site shall comply with the requirements the Sweden Planning
Board relating to posting of security to place a facility in Sweden,
the form and amount of same to be in the sole discretion of the Sweden
Town Planning Board.
Sweden may inspect at any time, upon providing reasonable notice,
any permit holder's, renter's, lessee's or licensee's
placement, construction, modification and maintenance of such facility,
including, but not limited to, structures, antennas, accessory equipment
and electromagnetic output.
An applicant for a facility shall secure and at all times maintain
public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage, for the duration of the permit
in an amount and form determined by the Sweden Town Planning Board.
Any approval for a facility that is proposed for Sweden property,
or in the public right-of-way, pursuant to this section, shall contain
a provision with respect to all indemnification. Such provision shall
require the applicant, to the extent permitted by law, to at all times
defend, indemnify, protect, save, hold harmless, and exempt Sweden
and its elected officials, officers, board members, employees, 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, product performance, use, operation,
maintenance, repair, installation, replacement, removal, 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 Sweden or its
servants or agents. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by Sweden.
The holder of any facility permit shall annually certify to
the Sweden Town Planning Board that RF emissions levels at the site
where a large wireless facility is located are within the threshold
levels adopted by the FCC. In addition, Sweden shall be permitted
to conduct its own certification test of RF emissions levels at the
site where any large wireless facility is located, with or without
notice to the wireless telecommunication provider, with the cost of
any such certification testing to be paid for by the permit holder.
Once operational, but prior to providing service to customers, as-built
readings will be provided to Sweden.
A.
Sweden may determine that the safety, public welfare, character and
environment of Sweden warrant and require the removal of a facility,
under the following circumstances:
(1)
The facility has been abandoned, i.e., not used as wireless telecommunication
facilities for a period exceeding 90 consecutive days or a total of
180 days in any 365-day period, except for periods caused by force
majeure or acts of God, in which case repair or removal shall commence
within 90 days.
(2)
A permitted facility falls into such a state of disrepair so as to
create a safety hazard.
B.
The holder of the large wireless facility permit or the owner of
the property shall dismantle and remove such large wireless facility
from the site and return the site to its original condition and certify
through soils or other testing that no contamination has been created
by the facility, such restoration being completed, limited only by
physical or commercial impracticability, within 90 days of receipt
of written notice from Sweden to remove same.
C.
If the facility is not removed within 90 days after the special use
permit holder has received notice, then the Sweden Town Planning Board
may order officials or representatives of Sweden to remove the facility
at the sole expense of the property owner and/or large wireless facility
permit holder.
D.
If Sweden removes or causes to be removed the facility, and the owner
of the facility does not claim and remove any equipment or materials
to a lawful location within 10 days, Sweden may take steps to declare
the facility abandoned and dispose of or sell same and retain the
proceeds therefrom. Sweden may also cause the costs associated with
the removal and disposal of the large wireless facilities to be assessed
on the property in the same manner as a tax assessment.
In addition to any other remedies in this chapter, any violation
with respect to either a large wireless facility or small wireless
facility is hereby declared to be an offense, punishable by a fine
not exceeding $350 or imprisonment for a period of not to exceed six
months, or both, for conviction of a first offense. Any conviction
of a second offense committed within a period of five years from of
the first offense shall be punishable by a fine not less than $500
nor more than $700 or imprisonment for a period not to exceed six
months (or both). Any conviction for a third or subsequent offense,
all of which were committed within a period of five years, shall be
punishable by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months (or both). Each continual violation
can constitute a separate additional violation.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the office of the New York State Secretary of State in accordance
with the Municipal Home Rule Law § 27.
