[Amended 10-2-2012 by L.L. No. 4-2012]
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 Town 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 Town, 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); Town-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 §
251-19.) required for some site categories.
C. Individual WTF site applications reviewed by the Antenna Advisory
Board will not require Technical Advisory Committee Review.
[Amended 10-2-2012 by L.L. No. 4-2012]
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 New
York State professional engineer.
(12)
Signal propagation or coverage maps showing:
(a)
The existing facilities around the proposed
site; and
(b)
The in-vehicle coverage model for the proposed
facility (including a map showing estimated coverage at -84 dBm or
lower).
(13)
A bulk table listing all proposed equipment
measurements.
|
In addition to the foregoing information, the applicant for any new tower application or other Category B, C or D site may also include the application materials under § 251-19 with its initial filing.
|
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 §
251-13A, 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 §
251-14.
(3) A determination by the Town 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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
A. 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 Register of Historic Places, along with Town-designated historic
sites.
(5) Co-location/potential for co-location.
(7) Property setback and distance requirements of Town Code.
(8) Fall zone 1.5 times or greater of height of proposed structure.
[Amended 9-22-2009 by L.L. No. 5-2009; 10-2-2012 by L.L. No.
4-2012]
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) 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) 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) C: screening value of 60 to 75.
(4) 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 for a variance, which
shall be made to the Zoning Board of Appeals or the Town Board, as
directed in such Zoning Law.
[Amended 10-2-2012 by L.L. No. 4-2012]
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 §
251-19 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 Town, 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 §§
251-18 and
251-19.
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 §
251-40.
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 Town
of Clarkstown 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
Town of Clarkstown 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.
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 Town 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.
[Amended 10-2-2012 by L.L. No. 4-2012]
E. New antennas and supporting towers shall be designed
to accommodate additional antennas for purposes of co-locating.
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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 §
251-37, RF field measurements or calculations shall be obtained and submitted with such recertification. The Planning Board may require baseline RF 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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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, Town 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
290, Zoning.
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.
(3) The height does not exceed 150% of the maximum height listed in Subsection
E above.
(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
290, Zoning, shall apply to buildings and equipment shelters.
(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.
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;
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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 Town may
require that an equipment facility be located completely or partially
below grade or be 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 roof line) for shelters
with flat roofs or 12 feet in height above existing grade (ground
surface or roof line) 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.
(3) The height does not exceed 150% of the maximum height listed in Subsection
C above.
(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
290, Zoning, shall apply to buildings and equipment shelters.
(5) The height is required in order to accommodate equipment
of future potential co-locator(s) to the extent reasonably anticipated.
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 §
251-10C.
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.
[Amended 10-2-2012 by L.L. No. 4-2012]
E. An existing natural vegetative buffer which meets
or exceeds the above requirements can be retained to meet the landscape
requirements set forth above.
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
(2) Contain appropriate signage to warn of areas of the site where:
(a)
NIER standards are exceeded; and
(b)
High risks for shocks or burns exist.
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.
The Building Department shall keep a list of
the names, addresses, type and maximum emissions of all antenna operators
in the Town, 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 Town. 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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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 §
251-37, upon an abandonment of the use as set forth in §
251-39, 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 §
251-36 has been submitted, no recertification shall be required, and the permit or special permit shall be automatically extended for another five years.
[Amended 10-2-2012 by L.L. No. 4-2012]
A. The operator of any wireless communications facility existing at
the time that the 2012 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.
B. Any facility for which emission, structural and security compliance
documentation is not received within 60 days after notice from the
Town shall cease operations within six months of such notice and be
immediately removed thereafter in accordance with the provisions of
this chapter.
[Amended 10-2-2012 by L.L. No. 4-2012]
A. All utilities at a wireless telecommunications facilities
site shall be installed underground and in compliance with all laws,
rules and regulations of the Town, 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 Town, 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
Town 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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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 Town may remove such
facility and obtain reimbursement for its costs from one or more of
the responsible parties. In its discretion, the Town may enforce any
bond submitted. Costs incurred by the Town 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 Town taxes. The
foregoing shall not be construed to limit any of the rights or remedies
of the Town to require the removal of a facility or to recover any
costs incurred by the Town.
[Amended 10-2-2012 by L.L. No. 4-2012; 2-7-2023 by L.L. No. 3-2023]
A. Application to the Planning Board for a special permit
under this chapter shall be accompanied by a fee as per the Town Consolidated
Fee Schedule, plus postage charges, to defray the cost of processing
the application. Applications that are determined to be Category C
and D sites shall be accompanied by an additional fee as per the Town
Consolidated Fee Schedule.
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 as per the Town Consolidated Fee Schedule.
C. The applicant shall be required to provide funds to
an escrow account to allow the Town 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, a fee as per Town Consolidated
Fee Schedule, in an escrow account maintained by the Town 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 the amount specified in the
Town Consolidated Fee Schedule, the Town shall so notify the applicant,
and the applicant shall be required to replenish the account with
sufficient funds to bring the account balance to the amount specified
in the Town Consolidated Fee Schedule 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.
[Amended 10-2-2012 by L.L. No. 4-2012]
The owner of a wireless telecommunications facility approved after the 2012 amendments 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 §§
251-37 and
251-38, upon abandonment of the facility pursuant to §§
251-39, or upon an event which under applicable law authorizes the Town 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).
As used in this chapter, the following terms
shall have the meanings indicated:
3G (THIRD GENERATION)
3G is characterized by high-speed, high-bandwidth services
that support a variety of applications, including video streaming
and full-motion video teleconferencing.
ANSI
American National Standards Institute.
ANTENNA
A system of electrical conductors for radiating or receiving
radio waves.
ANTENNA ELEMENT
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.
ANTENNA GAIN
Refers to the maximum gain of the antenna due to concentration
of energy in a particular direction.
ANTENNA PATTERN
Refers to the shape of the antenna beam in the horizontal
and vertical plane in an ideal nonreflective environment.
CAPACITY
The number of mobile users that can reliably be serviced
by a WTF.
CELL SITE
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."
CELL SITE DENSITY (CELL DENSITY)
A measurement of the number of cell sites within a geographical
area, typically measured as cell sites per square mile of area.
CELL SPLITTING
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.
COAXIAL CABLES
An RF transmission line cable consisting of a central conductor
surrounded by an insulating material and a second conductor surrounding
the insulation.
CO-LOCATION
The practice of mounting and locating the antennas and equipment
for more than one service provider at the same WTF site.
COVERAGE
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.
DECIBEL (dB)
Unit for measuring relative strength of signal.
ERLANG
A dimensionless unit of average traffic density in a telecommunications
network.
EXISTING STRUCTURE
A building, tower, pole, or other structure whose primary
purpose is not for wireless communications.
FCC
Federal Communications Commission; the US regulatory body
for telecommunications.
FREQUENCY
The number of sinusoidal cycles made by electromagnetic radiation
in one second; usually expressed in units of hertz (Hz).
NIER (NONIONIZING ELECTROMAGNETIC RADIATION)
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.
ORIENTATION or ANTENNA BEAM ORIENTATION
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.
PHOTO SIMULATION
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.
RADIO FREQUENCY (RF)
The general term referring to high frequency waves utilized
in wireless systems to facilitate the propagation of information from
one location to another.
RADIO FREQUENCY OR RF DRIVE TEST
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.
SCENIC AREAS
Any area with a defined boundary and designated by municipal,
county, state or federal agencies as having scenic significance.
WIRELESS TELECOMMUNICATIONS FACILITIES (WTFs)
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.
[Amended 10-2-2012 by L.L. No. 4-2012]
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.
Pursuant to New York Municipal Home Rule Law
§ 22, the provisions of this chapter are intended to supersede
any inconsistent provision of law.
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.