[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont 3-9-1999 by L.L. No. 1-1999. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
This chapter shall be known as the "Wireless
Communications Services Facilities Local Law of the Village of Airmont."
A.
The Board of Trustees of the Village of Airmont recognizes
that it needs to strike a workable, thoughtful balance between the
interest of the health, safety and welfare of its residents with those
of the providers of wireless communications services. This chapter
seeks to preserve local authority over wireless communication facility
siting as provided in Section 704 of the Federal Communications Act,
as well as meet the needs of wireless technology providers.
B.
Furthermore, this chapter was enacted to achieve the
following objectives:
(1)
To establish clear standards for the siting of wireless
communication facilities, buildings and structures, equipment, communication
towers, antenna towers, and monopoles.
(2)
To promote the health, safety, and general welfare
of the residents of Airmont, through the establishment of minimum
standards to reduce the adverse visual effects of communication facilities,
including but not limited to, transmission towers and antennas, through
the use of advanced technology, careful design, siting, and screening
and buffering.
(3)
To protect residential areas and land uses and property
values from potential adverse impacts of towers and antennas.
(4)
To encourage the location of wireless communication
facilities and wireless communication towers in areas suitably screened,
buffered and adequately separated from residential uses.
(5)
To minimize the total number of communication facilities
and communication towers throughout the community.
(6)
To require users of communication towers and antennas
to locate them, to the greatest extent possible, in areas where the
adverse impact on the community is shown to be minimal.
(7)
To require users of communication towers and antennas
to configure them in a way that minimizes adverse visual, aesthetic
and community character intrusion impacts caused by the installation
and view of communication towers and antennas. This goal can be achieved
through careful design, siting, landscape screening and buffering,
sufficient setbacks to reduce visual impacts to adjacent properties,
and innovative camouflaging techniques such as stealth tower structures,
thereby protecting the physical appearance of the community and preserving
its scenic and natural beauty.
(8)
To avoid potential damage to adjacent properties from
communication towers through careful engineering and appropriate siting
of communication towers.
(9)
To enhance the ability of the providers of wireless
telecommunications services to provide such services to the community
quickly, effectively, and efficiently by facilitating the siting of
personal wireless communication facilities.
[1]
Editor's Note: Former §§ 187-3, Definitions, 187-4,
Procedure established, 187-5, Step One: Collocation, 187-6, Step Two:
Location of Antenna on Alternate Structure, 187-7, Step Three: Stealth
Towers, 187-8, Step Four: Conventional Towers, 187-9, General performance
standards, 187-10, Engineer's report required, were repealed 10-5-2015
by L.L. No. 6-2015.
[Amended 10-5-2015 by L.L. No. 6-2015]
A.
This chapter is hereby enacted pursuant to the provisions of § 10
of the Municipal Home Rule Law.
B.
The authority to issue special permits as provided in this chapter
is hereby delegated by the Village Board to the Planning Board of
the Village of Airmont.
C.
Reference herein to the several zoning districts are references to such districts as described in Chapter 210 of the Airmont Code concerning zoning.
D.
Wireless telecommunications facilities upon Village-owned property
where the Village Board has approved a contract, agreement or determination
to place such facility on such property shall be exempt from this
chapter. However, such facility shall still be required to obtain
building permits to the extent applicable.
E.
The location of antennas upon an existing water tank, power line, rooftop or any other existing structure (as defined in § 187-42) in nonresidentially zoned areas, or the co-location of antennas on an existing, approved wireless telecommunications facility structure (i.e., monopole, tower) that does not involve a height increase of greater than 50% to the facility's height, as originally approved or constructed, may be approved by the Building Inspector upon compliance with the following and all other applicable sections of this chapter, and shall thereupon not require a special permit and shall not be subject to the screening process set forth in § 187-15 et seq., but shall be subject to the fees set forth in § 187-40:
(1)
The existing facility or structure complies with the provisions of
all other provisions of law outside of this chapter, including, but
not limited to, all applicable zoning restrictions, height restrictions,
and building permit requirements, if any;
(2)
The existing antenna facility, if any, complies with the provisions
of this chapter;
(3)
To the extent antennas are being co-located, the consolidated, shared
or co-used antenna facility complies with the conditions set forth
in this chapter;
(4)
The proposed equipment and installation would not exceed the structural
capacity of the existing facility or structure, including but not
limited to any existing antenna-mounting structure;
(5)
The Building Inspector reserves the right to refer proposals to the
Architectural Review Board (ARB) for review of and comment on aesthetic
issues in accordance with the Village Code;
(6)
For proposals involving a height increase to an existing approved
wireless telecommunications facilities (WTF) where the overall facility
height is proposed to be increased to over 120 feet above grade, the
Building Inspector reserves the right to refer the proposal to the
Planning Board for review, in which case an application for special
use permit will be required.
[Amended 11-7-2016 by L.L. No. 9-2016]
[Amended 10-5-2015 by L.L. No. 6-2015]
A.
With respect to this application process, the Planning Board shall
designate itself as the lead agency, pursuant to New York State Environmental
Quality Review Act (SEQRA), unless otherwise provided by SEQRA or
other applicable law. The Board shall conduct an environmental review
of the proposed project in combination with its review of the application
under this chapter.
B.
There shall be an Antenna Advisory Board consisting of five members. Its individual members shall be appointed or removed by the Village Board. It shall serve in an advisory capacity only. The Antenna Advisory Board's responsibilities shall be to monitor developments in wireless telecommunications, monitor the cumulative effects of WTFs upon the landscape and character of the Village, and to advise the Planning Board concerning individual WTF site applications. If requested by the Planning Board, the Antenna Advisory Board may perform an advisory review of aesthetic aspects of proposed sites, assist with preliminary screening by the Planning Board to determine site category as set forth in this chapter, comment on possible alternates that may be considered, or assist with other review items. The alternate sites may include the following: county-owned property; state-owned property; existing structures (such as water tanks or electrical transmission towers); Village-owned property; property owned by utilities; existing wireless telecommunications facilities; or other alternatives. Antenna Advisory Board feedback regarding alternate sites may be incorporated into the alternate site analysis (Refer to § 187-19.) required for some site categories.
C.
Individual WTF site applications reviewed by the Antenna Advisory
Board will not require Technical Advisory Committee Review.
[Amended 10-5-2015 by L.L. No. 6-2015]
An application for a special use permit for a wireless telecommunications
facility (one original and eight copies) shall be submitted to the
Planning Board and signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
The landowner, if different than the applicant, shall also sign the
application.
A.
The applicant shall include the following application information:
(1)
A statement in writing that the construction of the wireless telecommunications
facility is legally permissible.
(2)
Name, address and phone numbers of the person preparing the application
information.
(3)
Names, addresses and phone numbers of the property owner and applicant.
(4)
Postal address and Tax Map parcel number of the property.
(5)
Zoning district or designation in which the property is situated.
(6)
USGS or topographic map with proposed site location indicated.
(7)
Size of the property stated both in square feet and lot line dimensions,
and a diagram showing the location of all lot lines, and the proposed
wireless facility.
(8)
Location, size and height of all existing structures on the property.
(9)
Location, size and height of all proposed and existing antennas,
and all appurtenant structures (including new tower or pole structures
and ground-based equipment).
(10)
The number, type and design of the antenna(s) proposed.
(11)
Structural certification letter signed by the New York State
professional engineer.
B.
Within five business days of receipt of the above application information, the Planning Board shall mail to each of the Antenna Advisory Board members one copy of the information. The Planning Board, with any input and recommendation of the Antenna Advisory Board, shall make a determination of completeness or incompleteness with respect to the application items in § 187-13A, and shall provide the applicant with the reasons for the determination of incompleteness, within 30 days from the date of filing of the above application materials.
(1)
If the Antenna Advisory Board determines to recommend to the Planning
Board that it deems the application incomplete, it shall notify the
applicant of such recommendation within five days of its determination.
The applicant may then supplement its application.
(2)
If the application materials are deemed complete by the Planning Board, the Planning Board will conduct preliminary screening of the proposed WTF as described below in § 187-14.
(3)
A determination by the Village that an application submittal is complete
shall not be deemed as a determination that the applicant has provided
full and accurate information, and shall not preclude the Planning
Board from requiring the applicant to provide more detailed, corrected,
or other information at later stages during the application and permit
process. In addition, there shall be full and complete compliance
with SEQRA.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
A preliminary site screening tool is developed to assist the Planning
Board in evaluating applications received for WTFs. This evaluation
tool provides a scoring matrix to assess proposed sites on a consistent
basis. The matrix identifies site categories for proposed wireless
facilities, based on the nature of the application and nine evaluation
criteria. The matrix screening tool is included as Table 1.[1]
[1]
Editor's Note: Table 1 is on file in the Village offices.
B.
The screening evaluation criteria include:
(1)
Area use information. Related to distance from proposed facility.
(2)
Distance from proposed facility to historic landmarks on State and
National Registers of Historic Places, along with Village-designated
historic sites.
(3)
Installation type.
(4)
Stealthing proposed.
(5)
Co-location/potential for co-location.
(6)
Height.
(7)
Property setback and distance requirements of Village Code.
(8)
Fall zone 1.5 times or greater of height of proposed structure.
(9)
Landscaping.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
The preliminary site screening tool, along with the application information
submitted by the applicant to the Planning Board, will be used by
the Planning Board (with feedback from the Antenna Advisory Board)
to assign a category for the proposed wireless telecommunications
facility. One of the following categories will be assigned:
(1)
Category A: location on existing utility or water tower with screening
value greater than or equal to 80; proposed co-location at existing
WTF or rooftop site with screening value greater than or equal to
90.
(2)
Category B: location on existing utility or water tower with screening
value less than 80; proposed co-location at existing WTF, rooftop
or other existing structure with screening value less than 90; new
WTF (new structure) with screening value greater than or equal to
75.
(3)
Category C: screening value of 60 to 75.
(4)
Category D: screening value of less than 60.
B.
The Planning Board with any input and advice of the Antenna Advisory
Board and the Planning Department shall perform screening of the application
by utilizing the preliminary site screening tool. The preliminary
screening will be completed by the Planning Board 45 days from the
date the application information is filed. The Planning Board shall
notify the applicant, in writing, that the application information
has been reviewed and screened, and inform the applicant of the results
of the preliminary screening and site category designation.
C.
The Planning Board shall advise the applicant as to the site category:
Category A: needing Planning Board approval on the aesthetic considerations,
or Category B, C, or D: an application for a special use permit is
required from the Planning Board. This shall be in addition to any
necessary applications under the Zoning Law[1] for a variance, which shall be made to the Zoning Board
of Appeals or the Village Board, as directed in such Zoning Law.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
On Category A applications, the Planning Board shall notify the applicant
of any visual or aesthetic conditions identified by the Planning Board,
with input and advice from the Antenna Advisory Board and Planning
Department. The Planning Board will, within 14 business days from
the date that the Category A designation is assigned, inform the applicant
of the date, time and place when a public hearing will be held by
the Planning Board regarding the application and any conditions which
should be placed on the Category A site permit.
B.
Following such hearing, the Planning Board shall, within 14 days,
fix visual or aesthetic conditions which shall apply to the application.
Upon submission of approved plans and certifications, the Building
Inspector shall thereupon issue a Category A site permit containing
such conditions.
C.
All antenna installations, including Category A sites, shall require
the submission of nine copies of a fully completed building permit
application to the Building Inspector for each antenna installation
and/or location, who shall accept the application and copies.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
If a special use permit (Category B, C, or D site) is required, the applicant shall submit 20 copies of the special permit application to the Planning Board within 60 days from the date the Planning Board determines the site category. The contents of the application will be as described in § 187-19 for the specific site category. The application materials will be distributed among the Planning Board, the Antenna Advisory Board and other relevant agencies or representatives of the Village, and county and state agencies as applicable.
B.
With the input and advice of the Antenna Advisory Board and Planning Department, the Planning Board shall, within 30 days from the date the multiple copies of the special permit application were filed, inform the applicant whether the application is complete with respect to the requirements set forth in §§ 187-18 and 187-19.
C.
A determination that an application is complete shall not be deemed
as a determination that the applicant has provided full and accurate
information, and shall not preclude the Planning Board from requiring
the applicant to provide more detailed, corrected, or other information
at later stages during the application review process.
D.
In the event the applicant, after receiving notification of a site category determination, or before such notification, wishes to seek a higher score on the preliminary site screening tool, the applicant may submit an amended application containing mitigation measures, superseding its prior application. In the event of the applicant's objection to a site category determination, the applicant shall object, in writing, within 60 days after receiving the Planning Board's notification of the category, or in an amended application to the Planning Board. The amended application shall be deemed a new application, except that fees paid and submissions made upon the prior application shall be deemed to apply to the amended application. Fees associated with the amended application shall be applied as per § 187-40.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
The Planning Board is hereby authorized to issue a special permit
under the provisions of this chapter subject to all of the special
requirements and conditions herein and any requirements which may
be made a part hereof, except that if the Planning Board determines
that the interests of this chapter would otherwise be satisfied, the
Planning Board may, in its discretion, but shall not be required to,
deem individual requirements and conditions satisfied by issuing a
waiver or relaxation in relation thereto. Any waiver or relaxation
may only be made in the event that the requirements and conditions
for which a waiver or relaxation is made are found not to be requisite
in the interest of public health, safety or general welfare, and may
only be exercised in the event that the Planning Board, in issuing
a waiver or relaxation, makes specific findings that the interests
of this chapter would otherwise be satisfied, the waiver or relaxation
is reasonably necessary for the provision of wireless communications
services consistent with the interests of both this chapter and the
federal Telecommunications Act of 1996 (TCA), and the applicant has
taken all reasonably available mitigation measures. Every special
permit shall also conform to all special findings that are specified
herein.
[Amended 11-7-2016 by L.L. No. 9-2016]
B.
Prior to or concurrent with the filing of a formal application to
the Planning Board to obtain a special permit under this chapter,
the applicant shall submit information needed to meet the requirements
of SEQRA to the Village Department of Environmental Control acting
as technical staff to the Planning Board, which will make recommendations
to the Planning Board, which Board shall determine whether the requirements
of SEQRA have been met. The Planning Board may hold a joint public
hearing under the provisions of SEQRA and this chapter whenever practicable.
In the event that a final SEQRA determination has not been made, no
application for a special permit under this chapter shall be granted.
C.
The Planning Board shall hold a public hearing on due notice within
62 days after submission of a formal completed application, including
such technical and/or supplemental information from the applicant
as may be required by the Planning Board for a special permit under
the provisions of this chapter.
(1)
Notice of the public hearing shall be by publication in the official
newspaper of the Village at least 10 days in advance of the hearing.
(2)
The hearing notice shall indicate that the application may be examined
and further information is available from the Planning Board office
during regular business hours.
(3)
Copies of the publication order shall be mailed by the applicant
to the owners of property within 500 feet of the property which is
the subject of the application, and an affidavit of service thereof
shall be filed with the Planning Board due on or before the date of
the hearing. Failure to mail such notice or failure of any addressee
to receive such notice shall not in any manner affect the jurisdiction
of the Planning Board or any action taken on the application.
D.
The Planning Board shall approve, approve with conditions or disapprove
the application for a special permit under the provisions of this
chapter within 62 days after a public hearing.
E.
The decision shall be made at a meeting of the Planning Board with
a quorum present and not less than a majority of the total membership
voting "aye" on the resolution.
F.
In rendering its decision, the Planning Board shall consider the
application's category and score reflected in the preliminary
site screening tool, as well as all evidence presented to it and made
part of the record.
G.
In the event that the Rockland County Planning Commissioner has recommended
against the application or imposed conditions, the Planning Board
may approve only with a majority plus one of the total membership
and must state its reasons for overriding the Rockland County Planning
Commissioner in the approval resolution pursuant to the requirements
of § 239-m of the General Municipal Law.
H.
The period in which the Board may take action may be extended with
the consent of the applicant.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
All applicants for a special use permit for Category B, C, and D wireless telecommunications facilities, or any modification of such facility, except as set forth in § 187-11E, shall comply with the requirements set forth in this section. The Planning Board is the officially designated agency or body of the community to whom applications for a special use permit for wireless telecommunications facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for wireless telecommunications facilities. The Planning Board may, at its discretion, delegate or designate other official agencies of the Village to accept, review, analyze, evaluate and make recommendations to the Planning Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for wireless telecommunications facilities.
B.
An application for a special use permit for wireless telecommunications
facilities shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
The landowner, if different than the applicant, shall also sign the
application. At the discretion of the Board, any false or misleading
statement in the application may subject the applicant to denial of
the application without further consideration or opportunity for correction.
C.
Applications not meeting the requirements stated herein, or which
are otherwise incomplete, may be rejected by the Planning Board.
D.
The applicant shall include a statement in writing that:
(1)
The applicant's proposed wireless telecommunications facilities
shall be maintained in a safe manner and in compliance with all conditions
of the special use permit, without exception, unless specifically
granted relief by the Board in writing, as well as all applicable
and permissible local codes, ordinances and regulations, including
any and all applicable county, state and federal laws, rules and regulations.
(2)
The construction of the wireless telecommunications facilities is
legally permissible, including but not limited to the fact that the
applicant is authorized to do business in New York State.
E.
No wireless telecommunications facilities shall be installed or constructed
until a site plan is reviewed and approved by the Planning Board and
the special use permit has been issued. A building permit is required
prior to the construction of any wireless facility.
F.
All applications for the construction or installation of new wireless
telecommunications facilities shall be accompanied by a report containing
the information hereinafter set forth. The report shall be signed
by a licensed professional engineer registered in the state. Where
this section calls for certification, such certification shall be
by a qualified New York State licensed professional engineer, unless
otherwise noted or approved by the Planning Board. The application
shall include, in addition to the other requirements for the special
use permit, the following information:
(1)
The location, height, number of antennas, type of installations (tower,
rooftop, etc.), and operation's characteristics of all existing
facilities of the applicant in and within one mile of the Village.
(2)
A two- to five-year plan for the provision of additional facilities
in and immediately adjacent to the Village, indicating whether each
proposed facility is for initial coverage or capacity building purposes,
showing proposed general locations or areas in which additional facilities
are expected to be needed. Subsequent applications will confirm or
modify the facility service plan, so that the Planning Board may be
kept up to date on future activities.
(3)
A commitment to co-locate or allow co-location wherever possible
on all existing and proposed facilities.
(4)
Documentation that demonstrates the need for the wireless telecommunications
facility to provide service.
(5)
Name, address and phone number of the person preparing the report.
(6)
Name, address and phone number of the property owner, operator and
applicant, to include the legal form of the applicant.
(7)
A description of existing site use.
(8)
Postal address and Tax Map parcel number of the property.
(9)
Zoning district or designation in which the property is situated.
(10)
Size of the property stated both in square feet and lot line
dimensions, and a diagram showing the location of all lot lines.
(11)
A site survey depicting existing topography, buildings, and
other site features (including easements and utilities), and proposed
facilities.
(12)
Location of nearest residential structure.
(13)
Location, size and height of all proposed and existing antennas
and all appurtenant structures.
(14)
Type, locations and dimensions of all proposed and existing
landscaping (including proposed tree removal, if any), drainage patterns
and controls, and fencing.
(15)
The number, type and design of the antennas proposed.
(16)
The make, model and manufacturer of the tower and antenna(s).
(17)
A description of the proposed tower and antenna(s) and all related
fixtures, structures, appurtenances and apparatus, including height
above preexisting grade, materials, color and lighting. Zoning and
construction drawings with plan view, cross-section elevations, and
details on the antennas, support structure, and equipment cabinets
and other ancillary equipment shall be provided.
(18)
The applicant shall, in a manner approved by the Board, demonstrate
and provide, in writing, and/or by drawing, how it shall effectively
screen from view its proposed wireless telecommunications facility
so as to mitigate potential visual impacts, including the base and
all related equipment. Effective screening shall not require total
screening to the extent that potential visual impacts are sufficiently
mitigated. Examples of stealth and camouflage techniques include,
but are not limited to, the design of a facility as an artificial
tree or flagpole, a small base station facility (e.g., cell site on
wheels) placed in the center median of a highway, a facility resembling
a traffic structure, the incorporation of a facility on electrical
transmission facilities, the design of a facility as an aesthetically
pleasing structure suitable for a particular area, such as a clock
tower, light pole, and the use of the smallest technically feasible
antenna array. Information obtained from venders of such stealth mitigation
techniques, including examples of existing WTFs where the technology
has been utilized, shall be submitted to the Board.
(19)
The frequency, modulation and class of service of radio or other
transmitting equipment.
(20)
Transmission and maximum effective radiated power of the antenna(s).
(21)
Azimuth directions of antenna sectors and associated radiation
patterns of the antenna(s).
(22)
The applicant's proposed tower maintenance and inspection
procedures.
(23)
Certification that non-ionizing electromagnetic radiation (NIER) levels at the proposed site will be within the threshold levels adopted by the FCC. Cumulative radio frequency (RF) calculations shall be submitted for the proposed and any preexisting antennas, for ground level exposure points. The methods, calculations, and assumptions for the certification shall be provided in a RF report, and as described in §§ 187-23 and 187-24.
(24)
(Reserved)
(25)
A copy of the FCC license applicable for the use of wireless
telecommunications facilities.
(26)
Certification that a structural analysis has been conducted.
The basis for the calculations of the proposed tower's (or existing
structure's) capacity to accommodate the proposed equipment and
any preexisting wireless telecommunications facility's equipment
shall also be provided. If the wireless facility is subsequently approved
and constructed, as-built certification indicating that the facility
has been constructed in accordance with all standards shall be furnished
prior to the Village issuance of any certificate of occupancy or compliance.
(27)
Propagation studies of the proposed site and all adjoining proposed
or existing sites. The in-vehicle model threshold shall be used to
generate the coverage maps, and a description of the methods and computer
software used to generate the coverage maps shall be provided.
(28)
Correspondence shall be submitted to the New York State Office
of Parks, Recreation and Historic Preservation - Historic Preservation
Office (SHPO) and New York State Department of Environmental Conservation
(NYSDEC), Division of Fish, Wildlife and Marine Resources - Natural
Heritage Program describing the proposed facility and requesting comment.
The applicant shall provide copies of comments and other correspondence
sent to and received from these agencies with regard to the proposed
facility.
G.
For Category C and D sites, the applicant shall be required to submit
additional information as described below.
(1)
A written report demonstrating efforts to secure shared use of existing
telecommunications tower(s) or use of existing buildings or other
structures within the Village. Copies of written requests and responses
for shared use shall be provided to the Planning Board.
(2)
The applicant shall furnish a structural analysis and written certification
that the telecommunications facility, foundation and attachments are
designed and will be constructed (as-built) to meet all local, county,
state and federal structural requirements for loads, including wind
and ice loads (TIA-222F). If the wireless facility is subsequently
approved and constructed, similar as-built certification indicating
that the facility has been constructed in accordance with all standards
shall be furnished prior to the Village issuance of any certificate
of occupancy or compliance.
(3)
Coverage information. For Category C and D sites, in-building and
open space coverage maps shall also be submitted for proposed and
adjoining sites. For Category D sites, drive test data for the proposed
facility along with adjoining sites shall be submitted. The drive
test data shall include a description of the methods and instrumentation
used, and the Planning Board shall be notified of the proposed schedule
of the drive testing if the studies are to be conducted subsequent
to the application being submitted.
(4)
The applicant shall submit a completed full environmental assessment
form (EAF) and a completed visual EAF addendum. Photographs of existing
site conditions at and in the vicinity of the proposed location, and
photographic renderings of the proposed installation shall be prepared
from various vantage points, including but not limited to parks and
recreation areas; historic districts; and residential areas. A fifty-millimeter
lens (or comparable equipment) to simulate views and perspectives
shall be utilized, and a description of the methods, equipment, and
software used for the visual analysis shall be provided. Based on
the results of the visual EAF addendum, the Planning Board may require
submission of a more detailed visual analysis.
(5)
If required by the Planning Board a crane or balloon test shall be
performed to supplement the visual assessment of the proposed facility.
The crane test shall be the preferred method to insure that the proposed
height of the WTF is not altered by wind or adverse weather conditions.
The applicant shall arrange to fly, or raise upon a temporary mast,
a minimum of a three-foot diameter brightly colored balloon at the
maximum height of the proposed new tower. The dates, (including a
second date in case of poor visibility on the initial date) times
and location of this balloon test shall be advertised twice by the
applicant, seven and 14 days in advance of the test date, in one of
the official newspapers in the Village. The applicant shall inform
the Board, in writing, of the dates and times of the test at least
14 days in advance. The balloon shall be flown for at least eight
consecutive hours sometime between 7:00 a.m. and 4:00 p.m. of the
dates chosen. The primary date shall be on a weekend, but the second
date, in case of poor visibility on the initial date, may be on a
weekday.
(6)
For Category D sites, a visual analysis shall be prepared and submitted
as a supplement to the visual EAF addendum. The visual analysis shall
include a zone of visibility map which shall be provided in order
to determine locations from where the proposed wireless facility may
be seen. The map shall include topography and land uses within two
miles of the proposed WTF, and include parks and recreation areas;
roadways; and historic districts. Tree-line heights on the subject
property shall also be surveyed and depicted on the map.
(7)
For Category C and D sites, the applicant shall submit a report demonstrating
the applicant's review of alternate sites, demonstrating the
reason to justify why alternate sites cannot be utilized. Feedback
from the Planning Department or Antenna Advisory Board on alternates
shall be considered for the alternate site review. A detailed explanation
must be provided as to why a site that would achieve a higher site
category score or assignment cannot be used. 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 (financial or otherwise) that would be incurred by the applicant
if the permit were not granted for the proposed site. An applicant
may not bypass sites of higher priority by stating the site presented
is the only site leased or selected. An application shall address
co-location as an option, and, if such option is not proposed, the
applicant must explain why co-location is commercially or otherwise
impracticable.
(8)
Where coverage exists and supplemental capacity is the major objective
for the applicant (as implied by the in-vehicle coverage maps and
other application materials), a capacity analysis shall be submitted.
The capacity analysis shall describe the need for increased capacity
in the areas of the proposed site, including the operations and call
traffic at all existing sites that surround the proposed facility.
A technical description of why the nearby existing sites cannot be
modified (by increasing power, modifying antennas, or adding base
station radios, for instance) should be included in the capacity report.
(9)
(Reserved)
(10)
Nothing contained herein shall limit the right or ability of
the Planning Board to request additional information or data from
the applicant (including but not limited to coverage maps for alternate
height scenarios).
[Added 10-5-2015 by L.L.
No. 6-2015]
For all wireless communications antennas, the following information
shall be provided:
A.
If the name or address of the owner or operator of the antenna facility
is changed, the Building Department of the Village of Airmont shall
be notified of the change within 90 days.
B.
Within 90 days of operating any transmitting antenna, the owner or
operator shall submit to the Building Inspector a written certification
by a New York State licensed professional engineer (for monopole or
tower installations) that the antenna complies with the Village of
Airmont Code and all other applicable governmental regulations.
C.
Consent to allow additional antennas (for purposes of co-locating)
on any new antenna towers, if feasible.
[Added 10-5-2015 by L.L.
No. 6-2015]
For all proposed wireless communications antennas, the following
requirements are applicable:
A.
For proposed sites within 100 feet of other sources of radio frequency
(RF) energy, emanating from other wireless communications facilities,
the applicant shall provide an estimate of the maximum total exposure
from all nearby stationary sources and comparison with relevant standards.
This assessment shall include individual and ambient levels of exposure.
It shall not include such residentially based facilities, such as
cordless telephones.
B.
All obsolete or unused wireless communications antennas (including
tower supports) shall be removed within 60 days of cessation of operations
at the site. The Village may remove such facilities after 60 days
and treat the cost as a tax lien on the property.
C.
All antennas shall be identified with signs not to exceed six square
feet, listing the owner or operator's name and emergency telephone
number, and shall be posted in a conspicuous place.
D.
No source of NIER, including facilities operational before the effective
date of this chapter, shall exceed the federal or state NIER emission
standard.
E.
New antennas and supporting towers shall be designed to accommodate
additional antennas for purposes of co-locating.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
The applicant shall demonstrate to the satisfaction of the Planning
Board that there exists no tower on which the antenna may co-locate
or co-location is not feasible for any of the following reasons:
(1)
The applicant has been unable to come to a reasonable agreement to
co-locate on another tower. The names, addresses, phone and FAX numbers
of other service providers approached shall be provided, accompanied
by a written statement as to the reason an agreement could not be
reached.
(2)
The antenna will not unreasonably interfere with the view of or from
any park, designated scenic area or historic district, site or structure
as listed on the State and National Registers of Historic Places or
Village-designated historic site.
(3)
(Reserved)
(4)
The applicant's network of antenna locations is not adequate
to properly serve its customers, and the use of facilities of other
entities is not suitable for physical reasons.
(5)
Adequate and reliable service cannot be provided from existing sites
in a manner consistent with the service provider's system requirements.
(6)
Existing sites cannot accommodate the proposed antenna due to structural
or other engineering limitations (e.g., frequency incompatibilities).
(7)
For proposed monopole or tower facilities, a report by a New York
State licensed professional engineer specializing in structural engineering,
certifying that the proposed design is structurally sound.
B.
Any application for the approval of a special permit for a wireless
communications facility shall include a report by a qualified radio
frequency engineer, health physicist or other qualified professional
as determined by the Planning Board, which calculates the maximum
amount of NIER which will be emitted from the proposed wireless communications
facility upon its installation and demonstrates that the facility
will comply with the applicable federal or state standards.
[Added 10-5-2015 by L.L.
No. 6-2015]
No antenna or combination of antennas shall expose the general
public to NIER levels exceeding the standard of any federal or state
agencies having jurisdiction. In addition, no antenna facility shall
emit radiation such that the general public will be exposed to shock
and burn in excess of the standards contained in ANSI C-95.1. For
roof-mounted, co-located or other situations in which public exposure
is likely, the application shall include:
A.
An assessment of potential public exposure to radio frequency (RF)
energy from the proposed facility, indicating the facility's
compliance with applicable federal or state standards. The applicant
shall identify the maximum exposure level, the locations at which
this occurs, and the applicable maximum levels allowed by federal
and state laws. Assumptions used in the calculations shall be stated,
including building heights and topography.
B.
A multiple-source exposure-impact assessment shall be prepared if
the wireless communications facility is to be situated on the same
site as existing facilities, such as a tower or roof.
C.
Evidence that the maximum exposure to the general public will not
exceed federal or state standards.
D.
An identification of rooftop areas to which the public may have access.
The exposure in these areas shall be in compliance with the standards
established by any federal or state agencies.
E.
An identification of how much of the roof, if any, should be designated
a controlled environment, due to RF field levels in accordance with
the applicable federal or state standard.
F.
Notification of the building management if any portion of the roof
needs to be identified as a controlled environment, due to RF levels
in excess of the guidelines in the applicable federal or state standards.
[Added 10-5-2015 by L.L.
No. 6-2015]
All applicants for wireless telecommunications facilities in any district shall submit calculations of the estimated NIER output of the antenna(s). For Category A sites not requiring a special permit, the calculations shall be provided to the Building Inspector prior to the issuance of a permit. For antenna applications requiring a special permit, the calculations shall be provided to the Planning Board at the time of making the application for special permit. For antennas requiring recertification under § 187-37, RF field measurements or calculations shall be obtained and submitted with such recertification. The Planning Board may require baseline RE field measurements for newly approved sites, based on the nature of the site location and co-location. NIER levels shall be measured and calculated as follows:
A.
Measuring equipment used shall be generally recognized by the Environmental
Protection Agency (EPA), National Council on Radiation Protection
and Measurement (NCRPM), American National Standards Institute (ANSI)
or National Bureau of Standards (NBS) as suitable for measuring NIER
at frequencies and power levels of the proposed and existing sources
of NIER.
B.
Measuring equipment shall be calibrated as recommended by the manufacturer
in accordance with methods used by the NBS and ANSI, whichever has
the most current standard.
C.
The effect of contributing individual sources of NIER within the
frequency range of a broadband measuring instrument may be specified
by separate measurement of these sources using a narrowband measuring
instrument.
D.
NIER measurements shall be taken based on maximum equipment output.
NIER measurements shall be taken or calculated when and where NIER
levels are expected to be highest due to operating and environmental
conditions.
E.
NIER measurements shall be taken or calculated along the property
lines at an elevation six feet above grade at such locations where
NIER levels are expected to be highest and at the closest occupied
structure.
F.
NIER measurements shall be taken or calculated following spatial
averaging procedures generally recognized and used by experts in the
field of RF measurement or other procedures recognized by the FCC,
EPA, NCRPM, ANSI and NBS.
G.
NIER calculations shall be consistent with the FCC, Office of Science
and Technology (OST) Bulletin 65 or other engineering practices recognized
by the EPA, NCRPM, ANSI, NBS or similarly qualified organization.
H.
Measurements and calculations shall be certified by a New York State
licensed professional engineer, health physicist or a radio frequency
engineer. The measurements and calculations shall be accompanied by
an explanation of the protocol, methods and assumptions used.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
Antenna(s) mounted on a roof, unless wall-mounted on an existing
roof-mounted mechanical enclosure, penthouse, stairwell, or similar
appurtenance, shall be located so that visibility of the installation
is limited to the greatest extent practicable when viewed from all
yards. The elevation of the top of any antenna shall not exceed the
elevation of the roof at the point of installation by more than 10
feet in a residential district or 15 feet in a nonresidential district.
Wall-mounted antenna(s) shall be at least 20 feet above ground level
and shall not extend greater than 18 inches from a building wall unless
it is demonstrated that greater separation distance is required for
antenna operations.
B.
The applicant must submit documentation justifying to the Board the
total height of any telecommunications tower, facility and/or antenna
and the basis therefor.
C.
Telecommunications towers shall be no higher than the minimum height
necessary, including any potential future co-locators to the extent
reasonably anticipated.
D.
The maximum height of any telecommunications tower and antennas constructed
after the effective date of this chapter shall not exceed that which
shall permit operation without artificial lighting of any kind, in
accordance with municipal, county, state, and/or any federal statute,
law, local law, Village ordinance, code, rule or regulation.
E.
In residential districts, wireless communication facilities shall not exceed 70 feet in height unless the requirements of Subsection F below are met. In nonresidential districts, wireless communications facilities shall not exceed 100 feet in height unless the requirements of Subsection F below are met. These height requirements shall supersede those of Chapter 210 Zoning.
[Amended 11-7-2016 by L.L. No. 9-2016]
F.
In the event that the applicant proposes a height greater than that listed in Subsection E above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(1)
Alternative means of mounting the antenna have been considered and
are not feasible for the applicant.
(2)
The height is the minimum height necessary for adequate operation
to meet the applicant's communication needs and the aesthetic
intrusion has been minimized to the greatest extent practicable.
(4)
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communications facilities. This includes, but is not limited to, yard, buffer, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements of Chapter 210, Zoning, shall apply to buildings and equipment shelters.
[Amended 11-7-2016 by L.L. No. 9-2016]
(5)
The height is required in order to accommodate antennas of future
potential co-locator(s) to the extent reasonably anticipated.
G.
Antenna(s) mounted on a new or existing monopole or tower shall comply
with the height requirements specified in this section. Notwithstanding,
the Planning Board shall be permitted to increase the height of any
tower beyond the limitations set forth herein in order to accommodate
additional users. In reviewing a request for greater height, the Planning
Board shall balance the effect of a greater height against the provision
of one or more additional towers, co-locating or other alternatives.
H.
In residential districts, wireless communications towers and monopoles
shall be separated from residential buildings on adjacent or abutting
properties for a distance by not less than 1 1/2 times the height
of the tower or monopole. This provision shall apply to the proposed
use for wireless communications facilities of towers or monopoles
existing at the time of adoption of this chapter.
[Added 10-5-2015 by L.L.
No. 6-2015]
Co-location shall be required when feasible. If the site or
installation will become nonconforming or increases in nonconformity
due to the installation of the co-locating telecommunications equipment,
a special permit under this chapter shall be required. If permitted,
co-location may be required for Category A and B sites and shall be
required for Category C and D sites unless the personal wireless service
provider submits proof as part of the submitted application acceptable
to the approving agency that reasonable efforts to co-locate have
been unsuccessful due to:
A.
The absence of existing installations in the area requiring service;
B.
An inability to use existing sites in a feasible manner consistent
with the personal wireless service provider's system requirements;
C.
Structural or other engineering limitations, such as frequency incompatibilities;
or
D.
An inability to secure permission of the owner(s) of the existing
site(s) and/or antenna(s) facility at reasonable cost to allow the
additional installation.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
Wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law, or approved by the Planning
Board.
B.
Telecommunications towers shall be of a galvanized finish or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings as approved by the Board and shall be maintained
in accordance with the requirements of this chapter.
C.
An equipment facility shall be sited to minimize adverse visual impact
on surrounding areas, parks and roadways. The Village may require
that an equipment facility be located completely or partially below
grade or he located within an existing building or structure. An equipment
facility not located within an existing building or structure shall
be treated in an architectural manner compatible with the buildings
and structures in the vicinity using materials, colors and textures
designed to blend with the surrounding buildings and structures and/or
natural surroundings. An equipment facility shall be the minimum dimensions
necessary to serve the site and shall be no greater than eight feet
in height above existing grade (ground surface or roofline) for shelters
with flat roofs or 12 feet in height above existing grade (ground
surface or roofline) for shelters with pitched roofs.
D.
In the event that the applicant proposes a height greater than that listed in Subsection C above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(1)
Alternative means of locating the equipment facility have been considered
and are not feasible for the applicant.
(2)
The height is the minimum height necessary for adequate operation
to meet the applicant's communication needs and the aesthetic
intrusion has been minimized to the greatest extent practicable.
(4)
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communications facilities. This includes, but is not limited to, yard, buffer, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements of Chapter 210, Zoning, shall apply to buildings and equipment shelters.
[Amended 11-7-2016 by L.L. No. 9-2016]
(5)
The height is required in order to accommodate equipment of future
potential co-locator(s) to the extent reasonably anticipated.
[Added 10-5-2015 by L.L.
No. 6-2015]
For any new wireless communications towers, landscaping shall
be provided as follows:
A.
In determining the most appropriate landscaping to be provided, the
Planning Board shall consider the visual impact of the proposed facility
in its setting with regard to immediate proximity of observers, the
sight lines from major viewing points, and from those features identified
in § 187-10C.
B.
The area surrounding the installation shall be landscaped and maintained
with paving, shrubs and ground cover consistent with the surrounding
community character.
C.
Any buildings or other equipment shelters associated with the antenna
facility shall be landscaped with evergreen trees or shrubs of sufficient
size and density to screen, in whole or part, and effectively mitigate
the appearance of the structures and buildings. Any antenna facility
requiring a tower or pole shall plant trees around the facility of
a minimum height of 10 feet a planting that will, over time, reduce
the visual impact from the tower or pole.
D.
When a security fence is required, the outside of such fencing shall
be landscaped with evergreen shrubs, trees or climbing evergreen material
on the fencing or may contain wooden or vinyl slats woven into the
fence so as to mitigate and minimize the industrial character of the
fence.
E.
An existing natural vegetative buffer which meets or exceeds the
above requirements can be retained to meet the landscape requirements
set forth above.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
All antenna towers, monopoles and other supporting structures shall
be made inaccessible to children and constructed or shielded in such
a manner that they cannot be accessed.
B.
The area surrounding the facility shall:
(1)
Be fenced or otherwise secured in a manner which prevents unauthorized
access by the general public to areas where the standards of any federal
or state agency are exceeded.
C.
For wall-mounted antennas, the signage shall be placed no more than
five feet off the ground below the antenna, or as otherwise required
by law.
D.
For antennas mounted on the roof, the signage shall be placed on
all doors which provide access to said roof. The signage shall be
placed no more than five feet off the ground, or as otherwise required
by law.
[Added 10-5-2015 by L.L.
No. 6-2015]
The Building Department shall keep a list of the names, addresses,
type and maximum emissions of all antenna operators in the Village,
along with a file of application data including coverage maps. This
list shall be maintained from applications to the Planning Board and
Building Department and from FCC or similar inventories of facilities
in the Village. As a part of the initial registration and recertification
of WTFs, a copy of as-built drawings for each WTF should be provided
to the Building Department and the Planning Department. If the name
or address of the owner or operator of the antenna facility is changed,
the Building Department shall be notified of the change within 30
days.
[Added 10-5-2015 by L.L.
No. 6-2015]
New antennas must comply with the following performance standard
that the estimated or measured NIER from a proposed antenna, when
added to existing radio frequency electromagnetic radiation from existing
sources, will not exceed the guidelines set forth in the applicable
federal and state standards.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
The Planning Board shall make written findings that the issuance
of a special permit is in compliance with all of the requirements
of this chapter.
B.
In the event a denial of an applicant's request for a special
permit would constitute an unlawful prohibition of cellular service
under applicable federal or state law, the Planning Board shall grant
the special permit and shall have the authority to impose conditions
upon such granting consistent with this chapter and such federal or
state law.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
The permit or special permit shall be issued to the user, its successors and assigns and shall expire upon expiration of the term indicated in the permit or special permit, upon a failure to obtain a recertification of a special permit as set forth in § 187-37, upon an abandonment of the use as set forth in § 187-39, upon a revocation of the permit or special permit, or upon notification to the Building Department by the user that the use allowed by the permit or special permit has been terminated. Notwithstanding the foregoing or any other provisions of this chapter, to the extent no changes were made to the WTF without a permit and the report for the WTF under § 187-36 has been submitted, no recertification shall be required, and the permit or special permit shall be automatically extended for another five years.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
The operator of any wireless communications facility existing at
the time that the 2015 amendments to this chapter take effect shall
be permitted to remain in operation, subject to the provisions of
their existing permits and the provisions of this chapter relating
to recertification and renewal of permits. Operating antennas or towers
that are legally nonconforming with respect to area regulations of
this chapter shall be permitted to remain until such time as a request
is made to modify the antenna or tower.
[Amended 11-7-2016 by L.L. No. 9-2016]
B.
Any facility for which emission, structural and security compliance
documentation is not received within 60 days after notice from the
Village shall cease operations within six months of such notice and
be immediately removed thereafter in accordance with the provisions
of this chapter.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
All utilities at a wireless telecommunications facilities site shall
be installed underground and in compliance with all laws, rules and
regulations of the Village, including specifically, but not limited
to, the National Electrical Safety Code and the National Electrical
Code where appropriate. The Board may deem the requirement of underground
installation of utilities satisfied by waiving or relaxing the requirement
whenever, in the opinion of the Board, such waiver or relaxation shall
not be detrimental to the health, safety, general welfare and environment,
including the visual and scenic characteristics of the area.
B.
A person who holds a special use permit for wireless telecommunications
facilities shall construct, operate, maintain, repair, provide for
removal of, modify or restore the permitted wireless telecommunications
facilities in strict compliance with all current applicable technical,
safety, safety-related, and all other applicable codes and all applicable
laws adopted by the Village, county, state or United States, including
but not limited to the most recent editions of the National Electrical
Safety Code and the National Electrical Code, as well as accepted
and responsible workmanlike industry practices and recommended practices
of the national association of tower erectors. The codes referred
to are codes that include, but are not limited to, construction, building,
electrical, fire, safety, health and land use codes. In the event
of a conflict between or among any of the preceding, the more stringent
shall apply unless otherwise dictated by law.
C.
A holder of a special use permit granted under this chapter shall
obtain, at its own expense, all permits and licenses required by applicable
law, rule, regulation or code and must maintain the same, in full
force and effect, for as long as required by the Village or other
governmental entity or agency having jurisdiction over the applicant.
D.
After construction and prior to receiving a certificate of compliance,
the applicant shall furnish written certification that the wireless
telecommunications facilities are grounded and bonded so as to protect
persons and property and installed with appropriate surge protectors.
[Added 10-5-2015 by L.L.
No. 6-2015]
Every five years from the date the special use permit is issued,
at the time of recertification, a report shall be filed with the Building
Inspector by a qualified, licensed professional engineer specializing
in structural engineering certifying that the wireless telecommunications
facility is structurally safe, has been maintained in good order and
repair, and complies with all applicable structural safety standards.
Every wireless telecommunications facility shall at all times be maintained
in good order and repair and in a structurally safe condition.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
At any time between 12 months and six months prior to the five-year
anniversary date after the effective date of the special use permit
and all subsequent fifth anniversaries of the effective date of the
original special use permit for wireless telecommunications facilities,
the holder of a special use permit for such wireless telecommunications
facilities shall submit a signed written request to the Planning Board
for recertification. In the written request for recertification, the
holder of such special use permit shall note the following:
(1)
The name of the holder of the special use permit for the wireless
telecommunications facilities.
(2)
If applicable, the number or title of the special use permit.
(3)
The date of the original granting of the special use permit.
(4)
Whether the wireless telecommunications facilities have been moved,
relocated, rebuilt or otherwise modified since the issuance of the
special use permit and, if so, in what manner.
(5)
That the wireless telecommunications facilities are in compliance with the special use permit and in compliance with all applicable codes, laws, rules and regulations. All NIER exposure data based on field measurements that were collected prior to the date of recertification shall be compiled and submitted in accordance with § 187-24.
(6)
Recertification that the telecommunications tower and attachments
are designed and constructed (as-built) in accordance with and continue
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. Such recertification shall
be by a qualified New York State licensed professional engineer acceptable
to the Village, the cost of which shall be borne by the applicant.
A copy of as-built drawings for each WTF should be provided to the
Building Department and the Planning Department.
B.
If, after review of such request for recertification, the Planning
Board determines the permitted wireless telecommunications facilities
are in compliance with the special use permit and all applicable statutes,
laws, local laws, ordinances, codes, rules and regulations, then the
Board shall issue a recertification special use permit for the wireless
telecommunications facilities, which may include any new, reasonable
provisions or conditions that are mutually agreed upon or required
by applicable statutes, laws, local laws, ordinances, codes, rules
and regulations. If, after such review, the Board determines that
the permitted wireless telecommunications facilities are not in compliance
with the special use permit and all applicable statutes, local laws,
ordinances, codes, rules and regulations, then the Board shall suggest
reasonable conditions to be complied with in order for the Board to
issue a recertification special use permit for the wireless telecommunications
facilities. Any such decision shall be in writing and supported by
substantial evidence contained in a written record.
C.
This section shall also apply to permits and special permits issued
prior to the date of enactment of the 2015 amendments to this chapter,
as well as to permits issued by the Building Inspector. As to permits
issued by the Building Inspector, the recertification request shall
be made to and determined by the Building Inspector.
[Amended 11-7-2016 by L.L. No. 9-2016]
D.
Any permit or special permit which does not contain an expiration
date shall be deemed to expire unless renewed through recertification,
five years from the date of enactment of the 2015 amendments to this
chapter, and shall expire each five years thereafter or after 60 days'
notice from the Village, whichever is later.
[Amended 11-7-2016 by L.L. No. 9-2016]
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
If wireless telecommunications facilities are repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this chapter
or of the special use permit, then the Village shall notify the holder
of the special use permit, in writing, of such violation. Such notice
shall specify the nature of the violation or noncompliance, and the
violations must be corrected or cure commenced within 10 days of the
date of the postmark of the notice, or of the date of personal service
of the notice, whichever is earlier. Notwithstanding anything to the
contrary in this subsection or any other section of this chapter,
if the violation causes, creates or presents an imminent danger or
threat to the health or safety of lives or property, the Village may,
at its sole discretion, order the violation remedied within 24 hours.
B.
If within the period set forth in Subsection A above the wireless telecommunications facilities are not brought into compliance with the provisions of this chapter, or of the permit or special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Village may revoke such permit or special use permit for wireless telecommunications facilities and shall notify the holder of the permit or special use permit within 48 hours of such action.
[Added 10-5-2015 by L.L.
No. 6-2015]
A wireless telecommunications facility not operated for the
provision of wireless telecommunications services for a continuous
period of 12 months or more shall be deemed to be abandoned and shall
be promptly removed, in no event later than 90 days after such twelve-month
period has expired. In addition, upon receipt of a notice of a determination
of abandonment from the Building Inspector, a wireless telecommunications
facility shall be removed within 90 days. When a notice of intent
to cease operations is filed with the FCC, a copy shall contemporaneously
be filed with the Building Inspector. A wireless telecommunications
facility shall be removed within 90 days of filing such notice with
the FCC. If a wireless telecommunications facility is not removed
within the time prescribed by this section, the Village may remove
such facility and obtain reimbursement for its costs from one or more
of the responsible parties. In its discretion, the Village may enforce
any bond submitted. Costs incurred by the Village in enforcing the
provisions of this section shall constitute a lien against the property
on which the wireless telecommunications facility is located, and
shall be levied, assessed and collected in the same manner as Village
taxes. The foregoing shall not be construed to limit any of the rights
or remedies of the Village to require the removal of a facility or
to recover any costs incurred by the Village.
[Added 10-5-2015 by L.L.
No. 6-2015]
A.
Application to the Planning Board for a special permit under this
chapter shall be accompanied by a fee of $500, plus postage charges,
to defray the cost of processing the application. Applications that
are determined to be Category C sites shall be accompanied by an additional
fee of $500. Applications that are determined to be Category D sites
shall be accompanied by an additional fee of $1,000.
B.
Appearances before the Antenna Advisory Board, for purposes of reviewing
the application information, preliminary screening, and other items,
shall be accompanied by a fee of $500 per appearance.
C.
The applicant shall be required to provide funds to an escrow account
to allow the Village to retain such technical experts involving radio
frequency as may be necessary to review the application. For WTF applications
requiring a special use permit, the applicant shall deposit, at the
time of application, $7,500 (Category D sites) or $5,000 (Category
B and C sites) in an escrow account maintained by the Village for
such funds, to be used by the Planning Board for professional services
deemed necessary to assist in the review and evaluation of the application,
including but not limited to review of land use, site plan, legal,
technical, scientific and aesthetic issues. If at any time during
the review process the balance falls below $2,000, the Village shall
so notify the applicant and the applicant shall be required to replenish
the account with sufficient funds to bring the account balance to
$5,000 before any further action or consideration is taken on the
application. Any unused funds from the escrow account shall be returned
to the applicant within 30 days of the final decision required for
issuance of a building permit.
[Added 10-5-2015 by L.L.
No. 6-2015]
The owner of a wireless telecommunications facility shall post and maintain a bond with the Building Department ensuring that the facility will be properly removed and disposed upon expiration of its special permit pursuant to §§ 187-37 and 187-38, upon abandonment of the facility pursuant to §§ 187-39, or upon an event which under applicable law authorizes the Village to abate a nuisance by removing in whole or in part the facility. This requirement shall apply to existing WTFs at such time as an application shall be made for recertification of a permit or special use permit. A bond of $12,000 shall be posted for each rooftop installation or installation on an existing structure other than a tower or pole constructed for the primary purposes of wireless telecommunications. A bond of $50,000 per cell tower site with multiple providers shall be established (if co-location is proposed on a tower or pole structure whose primary purpose is for wireless telecommunications, or if future co-location is contemplated [i.e., new tower], the Board will entertain alternate bond requirements from the applicant or tower owner).
[Added 10-5-2015 by L.L.
No. 6-2015]
As used in this chapter, the following terms shall have the
meanings indicated:
3G is characterized by high-speed, high-bandwidth services
that support a variety of applications, including video streaming
and full-motion video teleconferencing.
The abbreviation for the fourth generation of broadband wireless
that is superseding 3G and is characterized by a bandwidth exceeding
100 Mbps.
[Added 11-7-2016 by L.L.
No. 9-2016]
American National Standards Institute.
A system of electrical conductors for radiating or receiving
radio waves.
Often referred to as a dipole element, is a small four- to
six-inch piece of metal that transmits and receives the radio signal
within the antenna enclosure.
Refers to the maximum gain of the antenna due to concentration
of energy in a particular direction.
Refers to the shape of the antenna beam in the horizontal
and vertical plane in an ideal nonreflective environment.
[Amended 11-7-2016 by L.L. No. 9-2016]
The number of mobile users that can reliably be serviced
by a WTF.
A transmitter/receiver location for a WTF that consists of
a base station, antennas, and coaxial cables interconnecting the two.
The cell site contains the equipment that establishes the radio link
between the wireless network and the wireless subscriber unit. The
geographical area served by the cell site is referred to as the "cell."
A measurement of the number of cell sites within a geographical
area, typically measured as cell sites per square mile of area.
The process of converting a single cell to multiple cells
by sectorizing the antennas in the cell site or constructing additional
cells within a cell site.
An RF transmission line cable consisting of a central conductor
surrounded by an insulating material and a second conductor surrounding
the insulation.
The practice of mounting and locating the antennas and equipment
for more than one service provider at the same WTF site.
The general term that describes the ability of a WTF to send
and receive wireless signals of sufficient strength to provide reliable
cellular/PCS service.
[Amended 11-7-2016 by L.L. No. 9-2016]
Unit for measuring relative strength of signal.
A dimensionless unit of average traffic density in a telecommunications
network.
A building, tower, pole, or other structure whose primary
purpose is not for wireless communications.
Federal Communications Commission; the United States regulatory
body for telecommunications.
The number of sinusoidal cycles made by electromagnetic radiation
in one second; usually expressed in units of hertz (Hz).
Any locations designated by municipal, county, state or federal
agencies as having significance as an historic district, site or structure.
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Refers to the direction of the main beam of the antenna.
The orientation consists of two parts, the antenna azimuth and the
antenna downtilt. The azimuth is the direction of the main beam in
the horizontal plane relative to north. The downtilt is the direction
in the vertical plane.
A photographic superimposition of an existing view with the
image of a tower (or other structure) to provide a sense of the visual
impact expected for a proposed structure.
The general term referring to high-frequency waves utilized
in wireless systems to facilitate the propagation of information from
one location to another.
The process of erecting a temporary transmit antenna for
the purpose of measuring path loss from a proposed base transceiver
station or otherwise measuring the actual system performance, including
the use of a temporary transmitter to provide a test signal to the
elevated antenna while a vehicle equipped with measurement instruments
is driven on roadways to collect samples of average signal strength
at numerous locations in all areas of target coverage. Data is gathered
for existing coverage and for each incremental height of the test
antenna.
Any area with a defined boundary and designated by municipal,
county, state or federal agencies as having scenic significance.
A special use permit issued by the Planning Board.
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal communications services (PCS), fleet communications systems
and similar commercial facilities, whether operated in support of
another business activity or available for the transmission of signals
on a sale or rental basis. As used herein, the term shall include,
but not be limited to, necessary antennas and equipment buildings
as well as towers or monopoles. Licensed facilities whose sole or
predominant purposes are to provide wireless services to in-building
areas, and whose antennas/transmitters are located completely within
the buildings they serve, are exempt from this chapter.
[Added 10-5-2015 by L.L.
No. 6-2015]
Should any section, paragraph, sentence, clause, word or provision
of this chapter be declared void, invalid or unenforceable, for any
reason, such decision shall not affect the remaining provisions of
this chapter.
[Added 10-5-2015 by L.L.
No. 6-2015]
Pursuant to New York Municipal Home Rule Law § 22,
the provisions of this chapter are intended to supersede any inconsistent
provision of law.
[Added 10-5-2015 by L.L.
No. 6-2015]
Pursuant to New York Municipal Home Rule Law § 27,
this chapter shall take effect immediately upon filing with the New
York State Secretary of State.
