[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 5-21-2002 by L.L. No. 1-2002; amended in its entirety 4-10-2014 by L.L. No.
2-2014. Subsequent amendments noted where applicable.]
The Telecommunications Act of 1996 has affirmed the authority
of the Village of Pelham with respect to the placement, construction
and modification of wireless telecommunications facilities. The Village
has received and expects to receive requests to site wireless telecommunications
facilities within its municipal boundaries. It is the intent of the
Village to protect and promote the health, safety and general welfare
of its residents, in a manner consistent with the Telecommunications
Act of 1996, by establishing an orderly process for regulating the
siting of wireless telecommunications facilities while balancing the
need for adequate service levels. The purposes of this chapter, therefore,
are to define the process by which the Village will consider requests
to site wireless telecommunications facilities and to establish standards
for the safe provision of wireless telecommunications facilities within
the Village, consistent with applicable state and federal law, which
will minimize the adverse impact of wireless telecommunications facilities
through proper design, site placement, height limitation and vegetative
screening, and thereby will retain the residential character of the
Village, will promote the safety and welfare of Village residents,
will maintain property values and will encourage the shared use of
wireless telecommunications facilities. In furtherance of these goals,
the Village will give consideration to the Comprehensive Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving
sites for the location of wireless telecommunications facilities.
This chapter shall be known and cited as the "Wireless Telecommunications
Facilities Siting Law for the Village of Pelham."
As used in this chapter, the following terms shall have the
meanings indicated:
One or more rods, panels, discs, nodes or similar devices
used for the transmission and/or reception of radio frequency signals,
electromagnetic waves or other wireless signals which may include
omnidirectional antennas (whip), directional antennas (panel) and
parabolic antennas (disc).
An antenna array that is attached to an existing structure
which structure does not have as its primary purpose the provision
of wireless telecommunications services, together with any accompanying
device which attaches the antenna array to the existing structure,
connection cables and any equipment facility which may be located
either inside or outside of the attachment structure.
The structure to which an attached wireless telecommunications
facility is attached.
A structure constructed or erected on the ground, with a
roof supported by columns or walls. Structures divided by unpierced
masonry division walls extending from the ground through the roof
shall be deemed to be separate buildings.
The mounting or installation of an antenna array at an existing
wireless telecommunications facility for the purpose of transmitting
and/or receiving radio frequency signals, electromagnetic waves or
other wireless signals for wireless telecommunications purposes.
Any structure, including cabinets, shelters and the build-out
of an existing structure, which is used to contain equipment as part
of a wireless telecommunications facility.
An unstaffed facility for the transmission and/or reception
of wireless telecommunications services, usually consisting of one
or more antenna arrays, connection cables, equipment facility, and
a support structure to achieve the necessary elevation. This includes
a wireless tower or base station within the meaning of 47 U.S.C. § 1455(a).
A change to a permitted wireless telecommunications facility
that alters the physical appearance or transmission power of the permitted
wireless telecommunications facility, replacement of equipment or
removal of equipment.
A single tube structure that is designed and is, or would
be, available for use by utilities, telecommunications service providers,
and cable systems, and has as its sole or primary purpose to support
antennas and their associated facilities.
The approval granted by the Board of Trustees to the applicant
to construct and use wireless telecommunications facilities within
the Village, in accordance with the terms of this chapter.
An individual, corporation, trust, partnership, joint-stock
company, association of two or more persons having a joint common
interest or any other entity.
The shortest horizontal distance from a lot line to the part
of a support structure or an equipment facility which is nearest to
the lot line.
Anything constructed or erected on or under the ground or
upon another structure or building.
Any:
The commercial provision of personal wireless service as
defined in the Federal Telecommunications Act of 1996.
An attached wireless telecommunications facility or a freestanding
wireless telecommunications facility.
A pole that is designed and is, or would be, available for
use by utilities, telecommunications service providers, and cable
systems, but not a structure that has as its sole or primary purpose
to support antennas and their associated facilities.
No person may install a wireless telecommunications facility
without a permit granted by the Board of Trustees. If the wireless
telecommunications facility is proposed to be located in the public
right-of-way or on any other Village property, the facility will also
require a license or franchise granted by the Board of Trustees for
the use of public property.
A.
The Board of Trustees may grant a permit to install a new wireless telecommunications facility in accordance with the procedures set forth in § 87-6 and the standards set forth in § 87-8. The Board of Trustees may grant a permit to install a new wireless telecommunications facility in the public right-of-way or on Village property in accordance with § 87-9. The Board of Trustees may grant a permit to renew or modify an existing permit for a wireless telecommunications facility in accordance with § 87-7.
B.
A
permit granted under this chapter may not be assigned or otherwise
transferred except upon the approval of the Board of Trustees, unless
the assignment or other transfer is to a corporate affiliate or successor
of the permit holder, in which case the permit holder need only notify
the Board of Trustees of the assignment as soon as practical, but
not more than 30 days after the assignment or other transfer. The
Board of Trustees will approve an assignment or other transfer upon
proof that the assignee or transferee is capable of complying with
the obligations imposed by the permit.
C.
The
Board of Trustees will review and act upon an application for a permit
under this chapter within a reasonable period of time after the application
is complete. An application is complete when the Board of Trustees
determines that it contains all the information required by this chapter.
D.
A
permit under this chapter will be valid for five years, but may be
terminated at any time, subject to reapplication by the permit holder,
if the permit holder violates the terms and conditions of the permit.
E.
The Board of Trustees may modify a permit that it has granted under
this chapter in any manner that it deems appropriate and that is consistent
with this chapter.
F.
If the Board of Trustees denies an application for a permit under
this chapter it will provide written notice to the applicant setting
forth the reasons for the rejection.
A.
Each
applicant for a permit under this chapter will provide the following
information:
(2)
The name and address of:
(a)
A person who shall be designated as the managing agent in control
of and responsible for the maintenance of the facility; and
(b)
A person who resides or has a place of business in Westchester
County who shall be designated as the person upon whom process may
be served as agent of the applicant.
(3)
A depiction of the proposed design, height, location, bulk, and size
of the wireless telecommunications facility and a declaration that
the proposed facility satisfies the requirements of this chapter.
(4)
A full environmental assessment form (EAF), Part I, and the visual
EAF addendum (Appendix A and Appendix B, 6 NYCRR Part 617.20), including
graphic information in the form of photographs or computer-generated
images with the proposed wireless telecommunications facility superimposed,
that portrays the visual impact of the proposed facility from various
vantage points.
(5)
A report signed by a professional engineer licensed by the State
of New York with expertise in radio communication facilities setting
forth the following:
(a)
The number, type and design of the proposed antenna array(s);
(b)
The make, model and manufacturer of the proposed antenna array(s);
(c)
A description of the proposed antenna array(s) and all related
fixtures, structures, appurtenances and apparatus, including height
above grade, materials and lighting;
(d)
The frequency, modulation and class of service;
(e)
The transmission and maximum effective radiated power;
(f)
The direction of maximum lobes and associated radiation; and
(g)
Certification that the facility will comply with all applicable
standards for radiofrequency emissions, whether considered individually
or in conjunction with other sources of radiofrequency emissions whose
effects are to be considered in determining compliance with applicable
laws and regulations, together with a declaration describing the manner
in which the radiofrequency emissions for the facility were calculated
and the results of those calculations.
(6)
A report signed by a professional engineer licensed by the State
of New York with expertise in structural engineering setting forth
the following:
(a)
In the case of an attached wireless telecommunications facility,
documentation of the ability of the attachment structure to accept
the antenna array(s), the proposed method of affixing the antenna
array(s) to the attachment structure and the precise point at which
the antenna array(s) shall be mounted.
(b)
In the case of a freestanding wireless telecommunications facility,
documentation that the proposed support structure is capable of sustaining
wind pressure and overturning moment in accordance with New York State
Uniform Fire Prevention and Building Code, and is provided with lightning
protection in accordance with New York State Uniform Fire Prevention
and Building Code and National Electrical Code, and a description
of the support structure's capacity, including the number of
antenna arrays it can accommodate and the precise point at which the
antenna array(s) shall be mounted.
(7)
Documentation of the additional capacity for future shared use of
the proposed wireless telecommunications facility and certification
that the additional capacity will be available to future applicants
providing utility services, including wireless telecommunication services,
subject to good-faith negotiations, or certification and supporting
evidence that collocation is not feasible.
(8)
A statement of anticipated on-site service needs, including frequency
of service visits and types of vehicles used for service.
(9)
Except with respect to an application for an attached wireless telecommunications facility, a landscape plan in compliance with § 87-8J delineating the existing trees to be preserved; the location and dimensions of proposed planting areas; the size, type and number of trees and shrubs to be planted; buffers; and fences screening elevations of fences, and materials used, unless landscaping is not required by § 87-8J.
B.
Application
for a permit under this chapter must be submitted to the Board of
Trustees through the Building Department, together with the fee as
established by the Board of Trustees.
C.
Where
the proposed wireless telecommunications facility requires site plan
approval, such as an equipment facility which is a building, the Board
of Trustees will be the reviewing and approving authority with respect
to site plan review, as well.
D.
The
Board of Trustees may delegate certain aspects of the review and approval
process to the Planning Board or the Architectural Review Board for
advisory review, if and as appropriate.
E.
All
statements made in the application, as well as any representations
made by the applicant or any representative of the applicant to the
Board of Trustees or other Village officials in the course of the
application process, whether written or verbal, will be deemed to
be a part of the application and may be relied upon in good faith
by the Village.
F.
The
Board of Trustees will determine within a reasonable time if the application
is complete. If the Board of Trustees determines that the application
is not complete it will advise the applicant of those aspects of the
application that are incomplete. Upon determining that the application
is complete, the Board of Trustees will schedule a public hearing
with respect to the application. The applicant will publish notice
of the public hearing in the official newspaper of the Village not
less than 15 calendar days prior to the scheduled date of the public
hearing and will provide notice of the public hearing by certified
mail to the owner of each property located within 1,500 feet of the
property on which the new wireless telecommunications facility is
proposed to be located. Proof of delivery of such notice shall be
provided to the Board of Trustees prior to the public hearing.
G.
Where
a wireless telecommunications facility is part of a network of wireless
telecommunications facilities that will be installed contemporaneously,
a single application will be submitted for all facilities that would
individually require a permit under this chapter. The denial of a
permit for some of the facilities for which the application is submitted
does not require denial of the permit for all proposed facilities
included in the application. Permits may be conditioned so that the
wireless telecommunications facilities within the Village that are
part of the network, considered together, are the least intrusive
means necessary to fill a significant gap in service in the Village
of Pelham.
H.
When
additional expertise is needed, the Board of Trustees may retain,
at the applicant's expense, any consultants and/or experts that
the Board of Trustees requires for the review and evaluation of the
application for an initial permit under this chapter or for renewal
or modification of an existing permit. The applicant will deposit
with the Village funds sufficient to reimburse the Village for the
reasonable costs of such evaluation(s).
I.
Within
60 days of completing construction, an applicant may be required to
submit reports certified by independent, qualified experts confirming
that the facility as constructed complies with the terms and conditions
of the permit.
A.
An
application to renew or modify a permit granted under this chapter
must be submitted not less than six months prior to the expiration
of the permit and must provide the following information:
(1)
The name of the permit holder.
(2)
The date on which the original permit was granted and any date(s)
on which the permit was renewed.
(3)
If the wireless telecommunications facility has been modified since
the original permit was granted, a statement of the manner in which
the wireless telecommunications facility was modified and proof that
the modification was authorized by the Board of Trustees.
(4)
Certification that the wireless telecommunications facility complies
with the existing permit and all applicable statutes, laws, rules
and regulations.
(5)
Certification by a professional engineer licensed by the State of New York with expertise in structural engineering that the support structure or attachment structure is structurally sound and continues to satisfy the requirements of § 87-6A(6), as well as all applicable local, state and federal structural requirements.
B.
Where the applicant requests only to renew the permit, without any change in the wireless telecommunications facility, the Board of Trustees, after reviewing the application, will grant the application if it determines that the wireless telecommunications facility complies with the existing permit and that the applicant has satisfied the requirements of § 87-7A.
C.
Where
the applicant requests that the permit be modified, the Board of Trustees,
after reviewing the application:
(1)
Will grant the application if it determines that:
(a)
The proposed modification is necessary for the collocation of
new transmission equipment, the removal of transmission equipment
or the replacement of transmission equipment, as long as the modification
does not substantially change the physical dimensions of the support
or attachment structure; or
(2)
Will deny the application if it determines that the wireless telecommunications facility does not comply with the terms of the existing permit, or does not satisfy the standards established by § 87-8 or is otherwise ineligible for a permit under this chapter or that the applicant has not satisfied the requirements of § 87-7A.
D.
If
the Board of Trustees determines that any term or condition of the
existing permit is no longer fully enforceable as a matter of law,
or must be modified or extended to other installations in order to
provide for the nondiscriminatory treatment of wireless telecommunications
facilities, it may deny the application to renew the permit and allow
the applicant to apply for a new permit.
E.
The
Board of Trustees will have the same authority with respect to an
application to renew or modify an existing permit as it does with
respect to the initial permit, except as may be limited by this section.
The following standards will apply to an application for a permit
under this chapter.
A.
Necessity
of service. The proposed wireless telecommunications facility must
fill a significant gap in current wireless telecommunications services
in the Village of Pelham. A significant gap may be demonstrated only
by actual in-kind survey data in the area of the proposed installation.
For example, if the significant gap is within a building or buildings,
then the survey data must be measured inside the building or buildings
in the survey area. Aggregated data purchased from a third party is
not sufficient to establish a gap in service.
B.
Least
intrusive means. The proposed wireless telecommunications facility
must be the least intrusive means of filling the significant gap in
current wireless telecommunications services in the Village of Pelham.
In determining whether a proposed wireless telecommunications facility
is the least intrusive means of closing a significant gap in service,
the Board of Trustees will consider the feasibility of locating the
proposed facility in the following locations, in the specified order
of priority:
(1)
On an existing support structure located on Village property in a
commercially zoned area without increasing the height of the support
structure;
(2)
On an attachment structure in a commercially zoned area without increasing
the height of the attachment structure; and
(3)
On a property in a commercially zoned area.
C.
Operation
and security.
(1)
Every wireless telecommunications facility must be designed, constructed,
maintained and operated in a manner that minimizes noise and traffic
to surrounding areas and ensures the security of the facility.
(2)
Every wireless telecommunications facility must be protected against
unauthorized access. If the protection is provided by means of a fence
or other enclosure, the design must be approved by the Board of Trustees.
(3)
No use ancillary to the wireless telecommunications facility, such
as a business office, maintenance depot or vehicle and equipment storage,
is permitted.
D.
Radiofrequency emissions. The proposed wireless telecommunications
facility, considered both individually and in conjunction with other
sources of radiofrequency emissions whose effects are to be considered
in determining compliance with applicable laws and regulations, must
comply with applicable standards for environmental effects of radiofrequency
emissions. When calculating radio frequency emission levels, the applicant
must use the general population standards (as such term is defined
by the Federal Communications Commission) and clearly disclose the
minimum distance upon which the calculations are based and establish
that the distance specified is the closest distance any member of
the public could come to the proposed facility.
E.
Collocation and use of existing structures. Collocation is required
unless the applicant demonstrates that reasonable efforts to collocate
have been unsuccessful. The use of a utility pole or an attachment
structure to locate a wireless telecommunications facility is required
unless the applicant demonstrates that no attachment structure is
suitable for the location of the wireless telecommunications facility.
F.
New support structure. A new support structure is permissible only
if use of an existing structure is not feasible and a new support
structure is the least intrusive means to fill the significant gap
in current wireless telecommunications service in the Village of Pelham.
Every new support structure must be a utility pole, unless the applicant
demonstrates that the use of a utility pole would be infeasible, in
which case the new support structure must be a monopole, rather than
a self-supporting lattice or guy-wire support tower, unless the applicant
demonstrates that the use of a monopole would be infeasible.
G.
Height. The total height of any support structure, attachment structure,
equipment facility and antenna must be the least necessary to fill
the significant gap in current wireless telecommunications service
in the Village of Pelham.
(1)
Attached wireless telecommunications facility. The antenna array(s) and attachment device for an attached wireless telecommunications facility may not be higher than the maximum permissible height of a building in the zoning district in which the facility is proposed to be located, without regard to the provisions of § 98-102. An antenna array attached to the side of the attachment structure may not extend above the highest point of the attachment structure.
(2)
Freestanding wireless telecommunications facility. The maximum height
of a freestanding wireless telecommunications facility may not be
greater than the maximum height permitted for a building in the zoning
district in which the facility is proposed to be located, when measured
from unimproved ground level to the highest point of the antenna array.
H.
Setback standards.
(1)
An antenna array for an attached wireless telecommunications facility
is exempt from the setback requirements for the zoning district in
which the attachment structure is located. An antenna array attached
to the side of an attachment structure may extend up to five feet
horizontally from the side of the attachment structure, provided that
the antenna array does not encroach upon an adjoining parcel.
I.
Visual impact. A wireless telecommunications facility shall be sited
to have minimum adverse visual impact on surrounding areas, parks
and roadways.
(1)
The antenna array(s) of an attached wireless telecommunications facility
must be of colors that are harmonious with the exterior of the attachment
structure.
(2)
The antenna array(s) and support structure of a freestanding wireless
telecommunication facility must be of a neutral color that is harmonious
with the surrounding natural features, buildings and structures.
(3)
An equipment facility must be sited to minimize adverse visual impact
on surrounding areas, parks and roadways, even if that requires that
the equipment facility be located completely or partially below grade
or within an existing building or structure. An equipment facility
not located within an existing building or structure must be treated
in an architectural manner compatible with the buildings and structures
in the vicinity using architecture, materials, colors and textures
designed to blend with the surrounding buildings and structures and/or
natural surroundings.
J.
Landscaping. Landscaping must be provided for each freestanding wireless
telecommunications facility, sufficient to minimize the visual impact
of the wireless telecommunications facility, and as follows. No additional
landscaping is required for collocation on an existing freestanding
wireless telecommunications facility unless necessary to minimize
the visual impact of the new facility.
(1)
The area surrounding the facility must be landscaped and maintained
with paving, trees, shrubs and ground cover consistent with the surrounding
community character, considering the visual impact of the wireless
telecommunications facility in its setting with regard to immediate
proximity of observers and the sight lines from major viewing points.
(2)
When a fence is required to secure a wireless telecommunications
facility, the outside of such fencing must be landscaped with trees,
shrubs or climbing material on the fencing satisfactory to the Board
of Trustees.
(3)
An existing natural vegetative buffer which meets or exceeds the
above requirements may be retained to meet the landscape requirements
set forth above.
K.
Access. The accessway to a wireless telecommunications facility must
provide an adequate turning radius for vehicles servicing the wireless
telecommunications facility to enter and leave the site without reversing,
but is not required to satisfy the standards for width and construction
applicable to a public road.
B.
The
requirements of this chapter are in addition to the requirements in
any license or franchise agreement, and the issuance of a permit under
this chapter does not authorize the installation of any wireless telecommunications
facility that is not authorized by, or is in violation of, the terms
or conditions of any license or franchise agreement.
C.
Any permit granted for the installation of a wireless telecommunications
facility in the right-of-way or on other property of the Village of
Pelham terminates automatically on the revocation or expiration of
the license or franchise agreement for the facility.
D.
The Board of Trustees may issue a permit for the installation of a wireless telecommunications facility in the public right-of-way or on other property of the Village of Pelham if the applicant satisfies the standards of § 87-8 and the following standards, unless the applicant demonstrates that the application of these standards will effectively prohibit the installation of a facility that is necessary to fill a significant gap in current wireless telecommunications service in the Village of Pelham and is the least intrusive means of closing that significant gap:
(1)
The wireless telecommunications facility will be comparable in size
to or smaller than other wireless telecommunications facilities in
the area and will be installed above ground or below ground consistent
with the requirements for the area in which the facility is to be
located;
(2)
Unless collocated, the proposed antenna array(s) will be located
at least 1,200 feet from any existing antenna array associated with
any other wireless telecommunications facility, or if less, 1,200
feet minus a distance required to avoid placement of the proposed
antenna array(s) in the front of a residential unit on the same side
of the street as the existing antenna array, with the distance being
measured along the street line, and not along a radius;
(3)
All portions of the wireless telecommunications facility (other than
the support structure and ground-mounted equipment) must be located
at least eight feet above ground level and must be designed to provide
adequate roadway clearance, to prevent interference or hazard to pedestrians,
vehicular traffic, or other property in the roadway, and to minimize
the visual impact of the facility to adjoining properties.
(4)
Any facility installed on an attachment structure or using an existing
support structure must be flush-mounted. Antennas are treated as flush-mounted
if the point of attachment is to the structure or a vertical extension
of the structure. The design, placement and physical dimensions of
the antenna array(s), equipment facility and associated connection
or attachment devices must be consistent with the design, placement
and physical dimensions of the structure to which it is to be attached,
and in any event may not:
(a)
Require an expansion of the footprint of the structure (including
any guy wires) of more than 10%;
(b)
Use an antenna other than an omnidirectional, whip or panel
antenna, or result in an extension in the height of the structure
(including the vertical height of the antennas) of more than eight
feet above the top of the structure for omni-directional or whip antennas,
or more than four feet for panel antennas;
(c)
Result in an expansion of more than 10% in the circumference
or width of the structure.
(d)
Intrude on any sidewalk or vehicular roadway, pedestrian walkway
or create a significant additional hazard for the same;
(e)
Have more than one antenna array with three antennas, with no
antenna extending more than 12 inches horizontally from the face of
the structure, or, where mounted on a utility pole, a single omnidirectional
antenna whose diameter does not exceed the diameter of the utility
pole; or
(f)
Require installation of other equipment on the structure that
exceeds four feet in height or the lesser of three feet in width or
three times the width of the structure at the point of attachment.
(5)
Any new support structure and its footprint will be of a design and
have physical dimensions consistent with existing utility poles in
the area where it will be located, unless infeasible, and will not
intrude on any sidewalk or vehicular roadway, or pedestrian walkway,
or create a significant additional hazard for the same.
E.
References to specific dimensions, distances and locations in this
section do not limit the authority of the Board of Trustees to impose
additional conditions on the grant of the permit where warranted to
minimize visual impacts or provide for the public safety.
F.
The proposed location of the wireless telecommunications facility
may not:
(1)
Conflict with safety and safety-related codes and requirements;
(2)
Conflict with the nature or character of a neighborhood, park or
historic district;
(3)
Be contrary to an already stated purpose of a specific zoning or
land use designation;
(4)
Create an unacceptable risk, or the reasonable probability of such,
to residents, the public, employees and agents of the Village, or
employees of the service provider or other service providers; or
(5)
Conflict with the provisions of this chapter.
The Board of Trustees may impose such terms and conditions on
a permit under this chapter as may be necessary to compel compliance
with this chapter, including the following:
A.
A wireless telecommunications facility must at all times comply with
the applicable individual facility and cumulative standards for environmental
effects of radiofrequency emissions based on general population limits
(and not occupational limits) as such terms are defined by the Federal
Communications Commission and must demonstrate compliance with those
standards upon request. The Board of Trustees may require that the
applicant deposit with the Village, and maintain on deposit throughout
the term of the permit, funds sufficient to reimburse the Village
for the reasonable costs of a regular review by an appropriate expert
of the facility's compliance with these standards.
B.
The permit may allow the permit holder to make subsequent modifications
to the wireless telecommunications facility upon notice to the Village
but without further application to the Board of Trustees; but the
specification of such permitted modifications does not relieve the
applicant of its obligation to apply for and obtain permits, authorizations
or inspections required from other Village departments in connection
with the modifications.
C.
To the extent that applicable rules, regulations, standards, and
provisions of any state or federal agency, including but not limited
to, the Federal Aviation Administration and the Federal Communications
Commission, and specifically including any rules and regulations regarding
height, lighting, and security are changed and/or are modified during
the duration of a permit for wireless telecommunications facilities,
then the holder of such a permit shall conform the permitted wireless
telecommunications facilities to the applicable changed and/or modified
rule, regulation, standard, or provision within a maximum of 24 months
of the effective date of the applicable changed and/or modified rule,
regulation, standard, or provision, or sooner as may be required by
the issuing entity.
D.
The permit must require the applicant to secure and maintain throughout
the duration of the permit public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage
in accordance with the following provisions:
(1)
The policy will provide coverage in the following amounts:
(a)
Commercial general liability insurance covering personal injuries,
death and property damage in the amount of $1,000,000 per occurrence
and $2,000,000 in the aggregate;
(b)
Automobile liability insurance in the amounts of $1,000,000
per occurrence and $2,000,000 in the aggregate; and
(c)
Workers compensation liability and disability insurance in the
amounts required by statute.
(2)
The commercial general liability insurance policy shall specifically
include in an endorsement the Village and its officers, boards, employees,
committee members, attorneys, agents and consultants as additional
named insureds.
(3)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the State of New
York and with a Best's rating of at least A. The insurance policies
shall contain an endorsement obligating the insurer to furnish the
Village with at least 30 days' prior written notice in advance
of the cancellation of the insurance.
(4)
Before construction of a permitted wireless telecommunications facility
is initiated, but in no case later than 15 days after the grant of
the permit, the holder of the permit must deliver to the Village a
copy of each of the policies or certificates representing the insurance
in the required amounts.
(5)
Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
E.
The applicant, to the greatest extent permitted by the law, will
at all times defend, indemnify, protect, save, hold harmless, and
exempt the Village, and its officers, boards, employees, committee
members, attorneys, agents, and consultants from any and all penalties,
damages, costs, or charges arising out of any and all claims, suits,
demands, causes of action, or award of damages, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the placement, construction,
erection, modification, location, products performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said facility, excepting, however, any portion of such claims,
suits, demands, causes of action or award of damages as may be attributable
to the negligent or intentional acts or omissions of the Village,
or its servants or agents. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by the Village.
F.
The applicant will provide and maintain throughout the term of the
permit a bond in an amount at least $75,000, in a form acceptable
to the Village Attorney. The bond will be in an amount sufficient
to ensure the safe and timely removal of the wireless telecommunications
facility in case of abandonment, and/or to restore the site to a condition
comparable to that which existed prior to the issuance of the permit.
The bond shall remain in effect throughout the term of the permit
and shall be renewed annually.
A.
A wireless telecommunications facility not used for the provision
of personal wireless services for a continuous period of 12 months
or more may be deemed by the Village to be abandoned. Upon receipt
of notice of a determination of abandonment from the Village, the
permit holder shall remove the wireless telecommunications facility
within 90 days.
B.
When the permit holder or the operator has filed with the Federal
Communications Commission a notice of intent to cease operations,
the permit holder must provide the Village with a copy of the notice
within 30 days. The permit holder must remove its wireless telecommunications
facility within 90 days of filing such notice with the Federal Communications
Commission.
A.
The Board of Trustees may revoke or suspend a permit granted under
this chapter if the permit holder violates any term of this chapter
(including those related to procedural requirements) or any condition
of the permit and the permit holder fails to abate any violation within
10 days after written notice has been sent to the business address
for service shown on the application for a permit. The permit holder
is responsible to notify the Village of any change in the name, address
and telephone number of the person to whom notice may be sent under
this chapter.
B.
A violation of this chapter is punishable by a fine not exceeding
$1,000 per day per occurrence or imprisonment for a period not to
exceed 15 days. Each day's continued violation shall constitute
a separate offense. The Village may also seek injunctive relief to
enforce the requirements of this chapter or any permit issued pursuant
to this chapter.
