This chapter may be cited as the "Wireless Telecommunications
Facilities Law of the Village of Scarsdale."
The purpose of this chapter, consistent with federal and state
law, is to assure access of our local residents to telecommunications
technologies while at the same time maintaining the aesthetic qualities
of our neighborhoods, scenic locales and historic areas, managing
the deployment and controlling the potential proliferation of wireless
telecommunications facilities, ensuring meaningful input by the community
into important land use decisions, encouraging cooperation between
telecommunications providers and resulting in the fewest possible
intrusions on traffic, streets and sidewalks. This chapter is intended
to minimize the aesthetic impacts of wireless communications facilities
by encouraging the exploration of alternatives that use methods to
disguise or camouflage the facilities, by minimizing the height of
the facilities, by encouraging co-location of facilities and by locating
facilities on existing structures whenever possible. This chapter
is not intended to prohibit or have the effect of prohibiting the
provision of personal wireless services, nor to discriminate among
providers of functionally equivalent services. In furtherance of these
goals, the Village shall give consideration to the Comprehensive Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of wireless facilities. While
the Village has no control over the use of county and state lands,
in recognition of the fact that there are approximately 900 acres
of county and state lands within the Village, wireless service providers
will be encouraged, if consistent with the provisions of this chapter,
to consider sites on these lands in addition to those under Village
jurisdiction.
The words and phrases set forth below have the following meanings
when used in this chapter.
Any wireless telecommunications facility which has not been
operational for six consecutive months.
A device used to collect and/or transmit personal wireless
services or radio signals.
A person filing an application for placement or modification
of a wireless facility within or outside of the public right-of-way.
A formal request, including all required and requested documentation
and information, submitted by an applicant to the Village for a wireless
permit or wireless encroachment permit as the case may be.
Shall have the meaning as set forth in 47 CFR 1.6100(b)(1),
or any successor provision.
The mounting or installation of an additional antenna on
an existing tower, building or structure for the purpose of transmitting
and/or receiving radio frequency signals for communications purposes.
Shall have the meaning as set forth in 47 CFR 1.6100(b)(3),
or any successor provision.
Any structure, including but not limited to cabinets, shelters,
a buildout of an existing structure and pedestals, used to contain
ancillary equipment as part of a wireless facility.
The Federal Communications Commission or its lawful successor.
A tract or parcel of land that contains a personal wireless
facility and associated parking, and may include other uses associated
with and ancillary to the transmission of personal wireless services.
The transport network that uses microwaves to connect the
radio access network (RAN) to the core network.
Village-owned or controlled property, structures, objects,
and equipment in the ROW, including, but not limited to, streetlights,
traffic control structures, banners, street furniture, bus stops,
billboards, or other poles, lighting fixtures, or electroliers located
within the ROW.
Any person or entity granted a wireless permit or wireless
encroachment permit as the case may be, pursuant to this chapter.
Shall have the same meaning as set forth in 47 U.S.C. § 332(c)(7)(C)(i).
The surface and space above, on, and below any public highway,
avenue, street, lane, alley, boulevard, concourse, driveway, bridge,
tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, public
easement, right-of-way or any other public ground or water within
or in which the Village now or hereafter holds any property interest.
The existing Roadway Classification Map included in the Village's
1994 Comprehensive Plan as same has been and may be amended from time
to time.
Shall have the same meaning as "small wireless facility"
in 47 CFR 1.6002(l), or any successor provision (which is a personal
wireless services facility that meets the following conditions that,
solely for convenience, have been set forth below):
The facility:
Is mounted on a structure 50 feet or less in height, including
antennas, as defined in 47 CFR 1.1320(d); or
Is mounted on a structure no more than 10% taller than other
adjacent structures; or
Does not extend an existing structure on which it is located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment [as defined in the definition of "antenna" in 47
CFR 1.1320(d)], is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facility does not require antenna structure registration
under 47 CFR Part 17;
The facility is not located on 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 specified in
47 CFR 1.1307(b).
A facility that:
Any structure designed and constructed to support an antenna
array, including utility poles, self-supporting lattice towers, guy-wire
support towers or monopole towers, or a base station.
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or -authorized antennas and their associated facilities,
including structures that are constructed for personal wireless services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul, and the associated site. This
definition does not include utility poles.
Those areas where there are no electrical facilities or facilities
of the incumbent local exchange carrier in the right-of-way; or where
the wires associated with the same are or are required to be located
underground; or where the same are scheduled to be converted from
overhead to underground. Electrical facilities are distribution facilities
owned by an electric utility and do not include transmission facilities
used or intended to be used to transmit electricity at nominal voltages
in excess of 35,000 volts.
A structure in the ROW designed to support electric, telephone
and similar utility lines. A tower is not a utility pole.
A permit issued pursuant to this chapter authorizing the
placement or modification of a wireless facility of a design specified
in the permit at a particular location within the ROW; and the modification
of any existing support structure to which the wireless facility is
proposed to be attached.
The transmitters, antenna structures and other types of installations
used for the provision of wireless services at a fixed location, including,
without limitation, any associated tower(s), support structure(s),
and base station(s).
A person that owns, controls, operates or manages a personal
wireless facility or portion thereof outside of the public rights-of-way
or a wireless facility or portion thereof within the ROW.
A permit issued pursuant to this chapter authorizing the
placement or modification of a personal wireless facility of a design
specified in the permit at a particular location outside of the public
rights-of-way; and the modification of any existing support structure
to which the facility is proposed to be attached.
Those regulations that may be adopted pursuant to this chapter
and implementing the provisions of this chapter.
An entity that provides personal wireless services to end
users.
The transmitters, antenna structures and other types of installations
used for the provision of personal wireless services at a fixed location,
including, without limitation, any associated tower(s), support structure(s),
and base station(s).
