In recognition of advancing technology and the increasing demand
for the installation of wireless communications towers and/or facilities
within the Town, the Town Board of the Town of Brookhaven hereby determines
that it is in the public interest to specifically regulate the siting
and installation of such facilities within the Town in order to protect
the public health, safety and welfare. Therefore, the Board hereby
determines to establish general guidelines for the siting of wireless
communications towers and antennas in order to:
A. Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
B. Encourage the location of towers in nonresidential areas;
C. Minimize the total number of towers throughout the Town;
D. Encourage the joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers;
E. Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the surrounding community
is minimal;
F. Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impacts of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
G. Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
H. Consider the impacts upon the public health and safety of communication
towers; and
I. Avoid potential damage to adjacent and/or nearby properties from
tower failure through appropriate engineering and careful siting of
tower structures and/or facilities. In furtherance of the aforementioned
objectives, the permitting board or Commissioner shall give due consideration
to the Town's Comprehensive Plan, existing land uses and development,
and environmentally sensitive areas, and other appropriate factors
in approving sites for the location of towers and antennas and/or
facilities.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be deemed abandoned. The owner of such antenna
or tower shall remove the same within 90 days of receipt of notice
from the Town notifying the of such abandonment. Failure to remove
an abandoned antenna or tower within said 90 days shall be grounds
to remove the tower or antenna at the owner's expense. In the event
that two or more entities using a single tower, then this provision
shall not apply unless all uses cease with respect to such tower.
Preexisting towers shall be permitted as they presently exist.
Routine maintenance (including replacement with a new tower of like
construction and height) shall be permitted on such preexisting towers.
New construction other than routine maintenance of a preexisting tower
shall comply with the requirements of this chapter.
The various parts, sections and clauses of this article are
hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the article shall not
be affected thereby.
Any ordinances or parts thereof in conflict with the provisions
of this article are hereby repealed to the extent of such conflict.
[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]
A. No small wireless facility shall be constructed, erected, modified,
operated or maintained within the Town on any property, including
the public right-of-way, without the issuance of a permit. No approval
granted under this chapter shall confer any exclusive right, privilege,
license or franchise to occupy or use the public right-of-way of the
Town for delivery of telecommunications services or any other purpose.
B. Applications.
(1) An application to construct, place, replace, or modify a small wireless
facility in a public right-of-way must be submitted to the Town of
Brookhaven Highway Department.
(2) An application to construct, place, replace, or modify a small wireless
facility located within the Town of Brookhaven, except in the public
right-of-way, must submit a land use application to the Town of Brookhaven
Planning Department.
(3) All applications must comply with the rules promulgated by the Town
Board and/or the Town of Brookhaven Highway Department for the siting
of small wireless facilities.
C. Fees. The Town of Brookhaven Highway Department and the Town of Brookhaven
Planning Department shall charge fees as established by Town Board
resolution.
[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]
A. Each year on January 1, the owner and/or operator of a small wireless
facility in the public right-of-way shall submit a recertification
affidavit to the Town of Brookhaven Highway Department in accordance
with the promulgated rules to renew the small wireless facility permit.
B. The owner and/or operator of a small wireless facility shall also
submit an annual test report that the small wireless facilities located
within the Town's public rights-of-way comply with all FCC radio-frequency
emission limits as they pertain to exposure to the general public.
In the event that such test reveals that any said small wireless facilities
are emitting radio-frequency radiation in excess of FCC exposure guidelines
as they pertain to the general public, the owner and/or operator shall
have 48 hours to bring the small wireless facilities into compliance
from receipt of test report. Failure to bring the small wireless facilities
into compliance shall require the removal of such facilities 10 days
thereafter.
C. Any small wireless facility which is no longer in use shall be removed
by the owner and/or operator within 60 days of submission of the annual
recertification affidavit, at the owner and/or operator's expense.
D. Any small wireless facility which is not removed within 60 days after
being reported as no longer in use in the annual recertification affidavit
shall be subject to a fine of $100 per day until such facility is
removed.
E. Where such annual recertification of the small wireless facility
permit has not been timely submitted, or equipment no longer in use
has not been removed within the required sixty-day period, no further
applications by the owner and/or operator for small wireless facilities
will be accepted by the Town until such time as the annual recertification
has been submitted and all fees and fines paid.
F. Nonpermitted installations. Any small wireless facility constructed,
erected, modified or enhanced prior to the issuance of a site-specific
permit from the Town shall be removed prior to the submission of an
application. No consideration of any application for a small wireless
facility shall be made, and the "shot clock" for approval shall not
commence while such unauthorized installations remain.