[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 4-8-2019 by L.L. No. 1-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former
Ch. 100, Telecommunications Franchising and Licensing, adopted 5-29-2001
by L.L. No. 2-2001.
A.
The purpose of this chapter is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless telecommunications
facilities in the Village of Williamsville consistent with federal,
state and local law.
B.
By enacting this chapter, the Village intends to:
(1)
Provide for the managed development of wireless telecommunications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of Village residents, businesses and wireless
carriers in accordance with federal, state and local laws and regulations;
(2)
Establish fair, nondiscriminatory and efficient processes for review
and approval of applications to deploy telecommunications facilities
on private and public property that address the appropriate design,
siting, construction, installation, maintenance and removal of such
facilities in the Village;
(3)
Address and provide for new wireless technologies, including but
not limited to small wireless facilities, micro cell and distributed
antenna systems ("DAS") technologies;
(4)
Encourage, to the maximum extent practicable, the co-location of
telecommunications facilities on existing structures, rather than
the construction of new support structures; and
(5)
Protect Village residents and businesses from potential adverse impacts
of wireless communication facilities, to the extent permitted under
law, by providing safeguards to:
(a)
Protect the public health, safety and welfare of the community
by ensuring that such facilities do not present a physical danger
to persons or property by ensuring proper locational, engineering
and operational requirements;
(b)
Minimize adverse visual and aesthetic impacts of such facilities
to the maximum extent practicable through careful design, siting,
landscaping, screening and innovative camouflaging techniques;
(c)
Protect against excessive interference with the use of public
rights-of-way;
(d)
Protect property values of the community;
(e)
Minimize the impact of such facilities on historic resources
and residential properties and neighborhoods.
(f)
Protect residents' ability to receive high-quality communication
signals without interference from other communication providers, while
not unreasonably limiting competition among communication providers.
As used in this chapter, the following terms shall have the
meanings indicated. Terms not specifically defined herein shall, to
the extent applicable, have the meanings defined in the Communications
Act of 1934, 47 U.S.C. § 151 et seq., Title 47 of the Code
of Federal Regulations, or other applicable federal, state or local
laws or regulations, as such laws and regulations may be amended from
time to time.
Any equipment serving or being used in conjunction with wireless
telecommunications facilities and located on the same property or
lot as the wireless telecommunications facilities, including, but
not limited to, utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, buildings and similar structures and, when co-located
on a structure, is mounted or installed at the same time as an antenna.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to authorization from the FCC, for the provision of personal
wireless service and any commingled information services. For purposes
of this definition, the term "antenna" does not include an unintentional
radiator, mobile station, or device authorized under Part 15 of Title
47 of the Code of Federal Regulations.
An antenna and associated antenna equipment.
A written submission requesting authorization for the deployment
of a wireless telecommunications facility at a specific location.
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including small wireless telecommunications facilities, distributed
antenna systems and micro cell networks).
The term includes any structure that supports or houses equipment described in Subsection A through B above that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support, but does not include any structure that, at the time the relevant application is filed with the Village under this chapter, does not support or house equipment described in Subsection A to B of this section.
Consistent with the Nationwide Programmatic Agreement (NPA)
for the Co-location of Wireless Antennas, means:
Mounting or installing an antenna facility on a preexisting
structure; and/or
Modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
With respect to wireless facility modifications, "co-location"
means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
The placement, construction, or modification of a wireless
telecommunications facility on any property or structure within the
Village.
Network of spatially separated antenna sites connected to
a common source that provides wireless communication service within
a geographic area or structure.
The Environmental Assessment Form approved by the New York
State Department of Environmental Conservation and set forth in 6
NYCRR 617.20.
The Federal Aviation Administration or its duly designated
and authorized successor agency.
An antenna facility or a structure that is used for the provision
of personal wireless service [as defined in 47 U.S.C. § 332(7)(C)(i)],
whether such service is provided on a standalone basis or commingled
with other wireless communications services.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a structure, the distance measured from
the preexisting grade level to the highest point on the structure,
including the antenna and any other appurtenances.
Any property or structure that has been designated a landmark pursuant to Chapter 47 or that is listed, or eligible for listing, on the National or State Register of Historic Places.
Any wireless telecommunications facility that is not a small
wireless facility.
A permit to deploy a large wireless facility issued pursuant
to this chapter.
Low-powered wireless base stations that function like cells
in a mobile wireless network, typically covering targeted indoor or
localized outdoor areas ranging in size from homes and offices to
stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A micro cell facility meets both the following qualifications: i)
each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed element,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and ii) all other wireless
equipment associated with the facility is cumulatively no more than
17 cubic feet in volume.
The improvement, upgrade or expansion of existing wireless
communication facilities, or the improvement, upgrade or expansion
of the wireless communications facilities located within an existing
equipment compound if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
communication facilities.
A wireless communication support structure which consists
of a single pole designed and erected on the ground or on top of a
structure, to support wireless communication antenna and accessory
equipment.
Nonionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
Any way over which the public possesses the right to travel,
which heretofore has been duly laid out, adopted and established by
law, whether publicly owned or not. The term "road" includes state,
county and Village highways and roads, streets, squares, places, courts,
boulevards, parkways and other ways however designated to which the
public has access.
The replacement of existing wireless communication antenna
on any existing support structure or on existing accessory equipment
for maintenance, repair or technological advancement with equipment
composed of the same wind loading and structural loading that is substantially
similar in size, weight, and height as the existing wireless communication
antenna and which does not substantially change the physical dimensions
of any existing support structure.
A wireless telecommunications facility, including but not
limited to DAS and micro cells, that meets each of the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height, including
their antennas [as defined in 47 CFR 1.1320(d)]; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater; and
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
All other wireless equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) are
cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
under 47 CFR 17.4; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b) and 1.1310.
A permit to deploy a small wireless facility issued pursuant
to this chapter.
Camouflaging methods applied to wireless communication facilities
which render them more visually appealing or which serve to blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted facilities, building-mounted antenna painted to match
the existing structure, and facilities constructed to resemble trees,
shrubs, light poles, and the like.
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or commingled with other types of services).
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
The mounting of a proposed antenna on existing towers, that
would increase the original height of the tower by more than 10%,
or by the height of one additional antenna array with separation from
the nearest existing antenna not to exceed 20 feet, whichever is greater;
for other eligible support structures, it increases the height of
the structure by more than 10% or more than 10 feet, whichever is
greater;
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of an existing wireless telecommunications
support structure that would protrude from the edge of the original
support structure more than 20 feet, or more than the original width
of the support structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding
an appurtenance to the body of the structure that would protrude from
the edge of the structure by more than six feet, except that the mounting
of the proposed antenna may exceed the size limits herein if necessary
to shelter the antenna from inclement weather or to connect the antenna
to the support structure via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Equipment that facilitates transmission for any Commission-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Village-owned poles or poles owned by other
utility companies. Any utility pole in excess of 50 feet shall be
deemed a tower.
A structure, facility or location designed or intended to
be used as, or used to support, antennas, along with any antennas
located on such structure and any accessory equipment. It includes,
without limit, freestanding towers, guyed towers, monopoles, DAS,
micro cell or small wireless facilities on utility poles in the public
right-of-way or property of the Village or within the Village and
similar structures that employ stealth technology, including but not
limited to structures such as a multistory building, church steeple,
silo, water tower, sign or other similar structures intended to mitigate
the visual impact of an antenna or the functional equivalent of such.
It includes any structure, antennas and accessory equipment intended
for transmitting and/or receiving radio, television, cellular, paging,
911, personal telecommunications services, commercial satellite services,
microwave telecommunications or other wireless or cellular communication
technologies, but excluding those used exclusively for the Village's
fire, police and other dispatch telecommunications, or exclusively
for private radio and television reception and private citizen's
bands, amateur radio and other similar telecommunications.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
A.
Except as otherwise provided by this chapter, no person shall be
permitted to deploy, or prepare any site for the deployment of, a
wireless telecommunications facility without having first obtained
either a small wireless facility permit (SWPFP) for the a small wireless
facility or a large wireless facility permit (LWFP) for a large wireless
facility, as applicable.
B.
Notwithstanding anything to the contrary in this section, any application
for a wireless telecommunications facility that does not substantially
change the dimensions of a wireless telecommunications facility shall
not require a SWFP or a LWFP, but such modification may require a
building permit or other administrative approval from the Village
Code Enforcement Officer.
C.
The repair and/or maintenance of an existing wireless telecommunications
facility that does not substantially change the dimensions of such
facility shall not require a SWFP or a LWFP.
D.
All applications for a SWFP or a LWFP shall comply with all applicable
provisions of this chapter. However, notwithstanding anything to the
contrary herein, where appropriate, the Zoning Board of Appeals may
waive any requirements set forth in this chapter relating to an application
for, or approval of, a wireless telecommunications facility permit,
provided that it would further the purposes of this section.
E.
In addition to the requirements set forth for the issuance of a SWFP or LWFP, any telecommunications provider seeking to deploy a wireless telecommunications facility in the public right-of-way or on public property shall also obtain a license for such deployment from the Board of Trustees as provided for in § 100-13A(1) and § 100-23A(1) herein.
F.
In the event any conflict exists between any applicable federal or
state laws or regulations and any provision of this chapter, the provisions
of the most recently adopted applicable federal or state laws or regulations
shall be applied and control.
A.
An application for a SWFP shall be in writing and contain all of
the information required by this chapter as well as such other information
as reasonably requested by the Code Enforcement Officer and/or the
Zoning Board of Appeals.
B.
No application shall be accepted and no SWFP shall be issued for
a property where the Code Enforcement Officer has found, or there
exists, a violation of the Village Code and where such violation has
not been corrected.
C.
An application for a SWFP 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 Zoning Board
of Appeals, any false or misleading statement in the application may
subject the applicant to denial of the application without further
consideration or opportunity for correction.
D.
The applicant must provide documentation to verify it has a legal
interest in the site, if not within the public right-of-way. Said
documentation may be in the form of a deed, contract or sale or lease
for the property, depending on whether the applicant is the property
owner, contract-vendee or lessee.
E.
The applicant shall include a statement, in writing, that:
(1)
The applicant's proposed small wireless facility shall be maintained
in a safe manner and in compliance with all conditions of the SWFP,
without exception, as well as all applicable and permissible federal,
state and local laws, statutes, codes, rules and regulations; and
(2)
The construction of the small wireless facility is legally permissible,
including, but not limited to, the fact that the applicant is authorized
to do business in New York State.
F.
If proposing a new structure for the purpose of supporting a small
wireless facility, the application shall be accompanied by a map which
shows the applicant's existing and proposed area of coverage.
Such map must locate all existing wireless telecommunications facility
sites within the Village and within 1/2 mile of the proposed small
wireless facility.
G.
In addition to all other required information as stated in this section,
all applications for the construction or installation of new small
wireless facility or modification of an existing small wireless facility
shall contain the following information:
(1)
A descriptive statement of the objective(s) for the new facility
or modification including and expanding on a need such as coverage
and/or capacity requirements;
(2)
Documentation that demonstrates and proves the need for the small
wireless facility to provide service primarily and essentially within
the Village. Such documentation shall include, but not be limited
to:
(a)
Information relating to all other wireless telecommunications
facilities or antennas associated with such wireless telecommunications
facilities that are to be deployed in the Village in conjunction with
the proposed small wireless facility;
(b)
Propagation studies of the proposed site and all adjoining planned,
proposed, in-service or existing sites that demonstrate a significant
gap in coverage and/or if a capacity need, including an analysis of
current and projected usage;
(3)
The name, address and phone number of the person preparing the report;
(4)
The name, address, and phone number of the property owner, operator
and applicant;
(5)
The postal address and Tax Map parcel number of the property;
(6)
The zoning district or designation in which the property is situated;
(7)
The size of the property stated both in square feet and lot line
dimensions, and a survey prepared by a licensed professional surveyor
showing the location of all lot lines, if the proposed small wireless
facility is located outside the public right-of-way;
(8)
The location of the nearest residential structure;
(9)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(10)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed small wireless facility is
located outside the public right-of-way;
(11)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(12)
The make, model, type and manufacturer of the utility pole,
monopole or other structure on which any antenna or accessory equipment
for a small wireless facility is to be located and a design plan stating
the structure's capacity to accommodate multiple users;
(13)
A site plan describing any new proposed structure and antenna(s)
and all related fixtures, accessory equipment, appurtenances and apparatus,
including but not limited to height above preexisting grade, materials,
color and lighting;
(14)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(15)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(16)
Direction of maximum lobes and associated radiation of the antenna(s);
(17)
Applicant's proposed maintenance and inspection procedures
and related system of records;
(18)
Documentation justifying to the total height of any proposed
antenna and structure and the basis therefor. Such justification shall
be to provide service within the Village, to the extent practicable,
unless good cause is shown;
(19)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(20)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(21)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(22)
Certification that a topographic and geomorphologic study and
analysis has been conducted, and that, taking into account the subsurface
and substrate, and the proposed drainage plan, the site is adequate
to assure the stability of the proposed wireless telecommunications
facilities on the proposed site, though the certifying engineer need
not be approved by the Village; and
(23)
Information relating to the expected useful life of the proposed
small wireless facility.
H.
The applicant shall furnish written certification that the small
wireless facility and attachments are designed and will be constructed
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. 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 to the Village prior to issuance of any certificate
of occupancy or compliance.
I.
All proposed small wireless facilities shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
to the maximum extent practicable based upon the facts and circumstances
involved with the proposed site and facility, will employ stealth
technologies as directed by the Zoning Board of Appeals, where appropriate
and feasible, and will thereby have the least adverse visual effect
on the environment, the character of the community, surrounding properties
and on the residences in the area of the wireless telecommunications
facility.
J.
All applications shall be accompanied by the appropriate nonrefundable
application fee, as established by the Village Board and set forth
in the Village Fee Schedule, in addition to any other fee required
by applicable law.
A.
Design. All small wireless facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. All small wireless facilities
shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Village.
B.
Wind and ice. All small wireless facilities structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
C.
Aviation safety. Small wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
D.
Public safety communications. Small wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
E.
Radio frequency emissions. A small wireless facility shall not, by
itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. When a small
wireless facility is complete, as-built readings will be taken and
submitted to the Village.
F.
Maintenance. To the maximum extent practicable, the following maintenance
requirements shall apply:
(1)
Small wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Village's
residents.
(3)
All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents.
(4)
The owner or operator of a small wireless facility shall maintain
standby power generators or batteries capable of powering the small
wireless facility for at least 12 hours without additional public
utility power and indefinitely with a continuous or replenished fuel
supply, where appropriate. Such standby power shall activate automatically
upon the failure of public utility power to the site.
A.
Small wireless facilities must be deployed in accordance with the following priorities, Subsection A(1) being the highest priority and Subsection A(8) being the lowest priority.
(1)
Co-location on existing utility poles, monopoles or other wireless
telecommunications facility support structures on lands owned or controlled
by the Village, not including the public rights-of-way;
(2)
Co-location on a site with existing wireless telecommunications facilities
or other wireless telecommunications facility structures in the Village;
(3)
On other lands owned or controlled by the Village including but not
limited to the Village public right-of-way;
(4)
On lands owned or controlled by other municipal corporations within
the Village, to the extent permitted by such other municipal corporation;
(5)
On nonresidentially zoned properties;
(6)
On residentially zoned properties;
(7)
On or adjacent to any historic property or resource; and
(8)
No small wireless facilities shall be permitted within Glen Park.
B.
If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why
such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
C.
An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Zoning
Board of Appeals why co-location is commercially impracticable.
D.
Notwithstanding the above, the Zoning Board of Appeals may approve
any site located within the Village, provided that it finds that the
proposed site will further the purposes of this section, is in the
best interest of the safety, public welfare, character and environment
of the Village and will not have a deleterious effect on the nature
and character of the community and surrounding properties.
A small wireless facility shall be no higher than the minimum
height necessary to provide effective service. The proposed height,
which may be in excess of maximum height permitted for other structures
in the applicable zone, shall address any additional height necessary
to accommodate co-location by additional antenna arrays, but under
no circumstances is the height to be in excess of what is permitted
for a small wireless facility.
All wireless telecommunications support structures for a small
wireless facility located outside the public right-of-way shall be
set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Zoning Board
of Appeals may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
A.
All small wireless telecommunications facilities shall be sited so
as to have the least adverse visual effect on the built or natural
environment of the Village, on existing vegetation and on the residents
in the area of the wireless telecommunications facilities sites. If
lighting is required, the applicant shall provide a detailed plan
for sufficient lighting of as unobtrusive and inoffensive an effect
as is permissible under federal, state and local laws, statutes, codes,
rules or regulations.
B.
Both the small wireless telecommunications facility and any and all
accessory equipment shall maximize use of building materials, colors
and textures designed to blend with the structure to which it may
be affixed and/or to harmonize with the natural surroundings.
C.
A small wireless telecommunications facility shall not be artificially
lighted or marked, except as required by law.
D.
Electrical and land-based telephone lines extended to serve the wireless
telecommunications services facility sites shall be installed underground.
E.
Stealth technologies, consistent with design guidelines, if any,
adopted by the Village Board, shall be required to be employed in
an effort to blend into the surrounding environment and minimize aesthetic
impact.
F.
Landscaping shall be provided, if appropriate.
A.
The Zoning Board of Appeals may, at its discretion, require a public
hearing on any application for a SWFP.
B.
The Zoning Board of Appeals shall grant, grant with conditions or
deny the application for a SWFP within the time frames set forth herein,
and it shall render its determination, based upon substantial evidence
in the record, in writing.
C.
In granting any SWFP, the Zoning Board of Appeals may attach such
conditions and safeguards to such permit as are, in its opinion, necessary
to ensure initial and continued conformance to all applicable standards
and requirements, including the incorporation of stealth technologies
or other measures which mitigate adverse visual impacts and may require
that such facility be designed and constructed in accordance with
design guidelines, if any, adopted by the Village Board.
D.
Time frames for determination.
(1)
Within 60 days of receipt of a complete application for the co-location
of a small wireless facility on a preexisting utility pole, monopole
or other existing wireless telecommunications facility support structure,
the Zoning Board of Appeals shall make a final decision on whether
to approve, approve with condition or deny the application and shall
notify the applicant in writing of such decision.
(2)
Within 90 days of receipt of a complete application for a small wireless
facility on a new utility pole, monopole or other new wireless telecommunications
facility support structure, the Zoning Board of Appeals shall make
a final decision on whether to approve the application and shall notify
the applicant in writing of such decision.
(3)
Within 10 days of receipt of an incomplete application for a small
wireless facility, the Village shall notify the applicant in writing
of any supplemental information required to complete the application.
Upon receipt of an applicant's supplemental information in response
to the initial notification of incompleteness by the Village, the
applicable shot clock will reset to zero and the Village shall have
the full 60 days or 90 days permitted by law to act on the completed
application.
(4)
For any subsequent determinations of incompleteness beyond the initial,
the Village shall notify the applicant of any required supplemental
information within 10 days of receipt of the supplemental submission
and such notice shall toll the applicable time frames until the applicant
submits the required supplemental information.
(6)
All time periods set forth in this section reference calendar days.
(7)
The time frames set forth herein may be extended by mutual agreement
of the applicant and the Zoning Board of Appeals, or upon a determination
by the Zoning Board of Appeals, set forth in writing and based upon
substantial evidence, that, despite its best efforts, the Zoning Board
of Appeals could not complete its review of such application consistent
with all applicable requirements within such time frames.
A.
At the five-year anniversary date after the issuance of any SWFP
and for all subsequent fifth anniversaries thereafter, the holder
of the SWFP shall submit a signed written document with the following
information to the Village Code Enforcement Officer confirming the
compliance of the small wireless facility with the SWFP. Such submission
shall include the following:
(1)
The name of the holder of the SWFP for the small wireless telecommunications
facility.
(2)
The date of the original granting of the SWFP.
(3)
Whether the small wireless facility has been modified since the issuance
of the SWFP and, if so, in what manner.
(4)
Any requests for waivers or relief of any kind whatsoever from the
requirements of this section and any requirements for a SWFP.
(5)
Certification that the small wireless facilities are in compliance
with the original SWFP and in compliance with all applicable codes,
laws, rules, regulations, federal certification requirements including
but not limited to this section.
(6)
Certification that the wireless telecommunications facility support
structure, attachments and accessory equipment have been designed
and constructed (as built) and continue to meet all local, county,
state and federal structural requirements for loads, including wind
and ice loads. Such certification shall be by a professional engineer
licensed by the State of New York.
B.
If the holder of a SWFP provides all of the information required under Subsection A to the satisfaction of the Code Enforcement Officer, the Code Enforcement Officer shall recertify the SWFP for an additional five-year period.
C.
If the holder of a SWFP does not submit the certifications in Subsection A within the time frame noted in Subsection A, such SWFP shall terminate and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original issuance of the permit, or subsequent fifth anniversaries, unless the holder of the SWFP adequately demonstrates to the Code Enforcement Officer that extenuating circumstances prevented a timely submission of such written certification, in which case the holder of the expired small wireless permit may submit a late recertification request or application for a new small wireless permit.
A.
Noncommercial usage exemption. Village residents utilizing satellite
dishes, citizen and/or band radios, and antenna for the purpose of
maintaining television, phone, and/or Internet connections at their
residences shall be exempt from the regulations relating to small
wireless facilities enumerated in this section.
B.
Prohibited on certain structures. No small wireless facility shall
be located on single-family detached residences, single-family attached
residences, twin homes, duplexes, or any residential accessory structure.
A.
In addition to the applicable SWFP provisions listed in this chapter,
any application to deploy a small wireless facility on Village-owned
property or within a public right-of-way owned or controlled by the
Village shall comply with the following requirements:
(1)
License. An applicant to deploy a small wireless facility on Village-owned
property or within a public right-of-way owned or controlled by the
Village must obtain a license from the Board of Trustees that fairly
and reasonably compensates the Village for the costs associated with
such deployment.
(a)
In the case of deployments within a public right-of-way owned
or controlled by the Village, such costs shall be limited to those
costs that are objectively reasonable approximations of the costs
incurred by the Village relating to such deployment in the right-of-way,
which costs shall be adopted by the Village Board and included in
the Village's schedule of fees.
(b)
Any license issued pursuant to this section shall require the
applicant, to the extent permitted by law, to at all times defend,
indemnify, protect, save, hold harmless, and exempt the Village and
its elected officials, officers, board members, 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, product 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.
(2)
Location. Small wireless facilities in the public right-of-way shall
be co-located on existing wireless telecommunications facilities,
whenever possible. If co-location is not technologically feasible,
the applicant shall locate its small wireless facility on existing
utility poles or other structures that do not already act as wireless
telecommunications facility support structures.
(3)
Design requirements:
(a)
All equipment shall be the smallest and least visibly intrusive
equipment feasible.
(b)
Antenna and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
The small wireless facility shall be designed to be consistent
with the design guidelines, if any, adopted by the Village.
(4)
Equipment location. Small wireless facilities and any accessory equipment
in the public right-of-way shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic,
or to otherwise create safety hazards to pedestrians and/or motorists
or to otherwise inconvenience public use of the public right-of-way
as determined by the Village. In addition:
(a)
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
or within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
(b)
To the extent feasible, accessory equipment, exclusive of antenna,
shall be placed underground. Ground-mounted accessory equipment that
cannot be placed underground shall be screened from surrounding views,
to the fullest extent possible, through the use of landscaping or
other decorative features to the satisfaction of the Village. Ground-mounted
accessory equipment shall be screened, when possible, by utilizing
existing structures. If screening by utilizing existing structures
is not possible, ground-mounted accessory equipment shall be made
architecturally and aesthetically compatible with the surrounding
area through the use of coatings, landscaping, and/or screening walls,
enclosures or other stealth technology to the satisfaction of the
Village.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Village.
(d)
Any graffiti on any small wireless facility support structure
or any accessory equipment shall be removed within 30 days upon notification
by the Village at the sole expense of the owner.
(e)
Any proposed underground vault related to small wireless facilities
shall be reviewed and approved by the Village.
(f)
Accessory equipment attached to a small wireless facility support
structure shall have such vertical clearance as the Zoning Board of
Appeals may determine.
(5)
Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 100-26, within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Village, consistent with its police powers and any applicable federal and/or state regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
To construct, repair, maintain or install any Village or other
public improvement located in the public right-of-way;
(b)
To prevent the interference with the operations of the Village
or other governmental entity, in the public right-of-way;
(c)
Abandonment of a street or road or the release of a utility
easement; or
(d)
An emergency as determined by the Village Board.
A.
An application for a LWFP shall be in writing and contain all of
the information required by this chapter as well as such other information
as reasonably requested by the Code Enforcement Officer and/or the
Zoning Board of Appeals.
B.
No application shall be accepted and no LWFP shall be issued for
a large wireless facility on a property where the Code Enforcement
Officer has found, or there exists, a violation of the Village Code
and where such violation has not been corrected.
C.
An application for a LWFP 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 Zoning Board
of Appeals, any false or misleading statement in the application may
subject the applicant to denial of the application without further
consideration or opportunity for correction.
D.
The applicant must provide documentation to verify it has a legal
interest in the site where the large wireless facility is to be located.
Said documentation may be in the form of a deed, contract or sale
or lease for the property, depending on whether the applicant is the
property owner, contract-vendee or lessee.
E.
The applicant shall include a statement, in writing, that:
(1)
The applicant's proposed large wireless facility shall be maintained
in a safe manner and in compliance with all conditions of the special
use permit, without exception, as well as all applicable and permissible
federal, state and local laws, statutes, codes, rules and regulations;
and
(2)
The construction of a large wireless facility is legally permissible,
including, but not limited to, the fact that the applicant is authorized
to do business in New York State.
F.
The application shall be accompanied by a map in graphical form and
in AutoCAD® or compatible drawing exchange
file format, which shows the applicant's existing and proposed
area of coverage. Such map should locate all existing facility sites
within the Village and within one mile of the Village in bordering
communities.
G.
In addition to all other required information as stated in this section,
all applications for the construction or installation of new large
wireless facilities, or any substantial change to an existing large
wireless facility, shall contain the following information:
(1)
A descriptive statement of the objective(s) for the new facility
or modification including and expanding on a need such as coverage
and/or capacity requirements;
(2)
Documentation that demonstrates and proves the need for the large
wireless facility to provide service primarily and essentially within
the Village. Such documentation shall include propagation studies
of the proposed site and all adjoining planned, proposed, in-service
or existing sites that demonstrate a significant gap in coverage and/or
if a capacity need, including an analysis of current and projected
usage;
(3)
The name, address and phone number of the person preparing the report;
(4)
The name, address, and phone number of the property owner, operator
and applicant;
(5)
The postal address and Tax Map parcel number of the property;
(6)
The zoning district or designation in which the property is situated;
(7)
The size of the property stated both in square feet and lot line
dimensions, and a survey prepared by a licensed professional surveyor
showing the location of all lot lines;
(8)
The location of the nearest residential structure;
(9)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(10)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed facility is located outside
the public rights-of-way;
(11)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(12)
The make, model, type and manufacturer of the support structure
and a design plan stating the support structure's capacity to
accommodate multiple users;
(13)
A site plan describing the proposed support structure and antenna(s)
and all related accessory equipment, fixtures, structures, appurtenances
and apparatus, including height above preexisting grade, materials,
color and lighting;
(14)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(15)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(16)
Direction of maximum lobes and associated radiation of the antenna(s);
(17)
Applicant's proposed support structure and accessory equipment
maintenance and inspection procedures and related system of records;
(18)
Documentation justifying to the total height of any wireless
telecommunications facility support structure and the basis therefor.
Such justification shall be to provide service within the Village,
to the extent practicable, unless good cause is shown;
(19)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(20)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(21)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(22)
Certification that a topographic and geomorphologic study and
analysis has been conducted, and that, taking into account the subsurface
and substrate, and the proposed drainage plan, the site is adequate
to assure the stability of the proposed wireless telecommunications
facilities on the proposed site;
(23)
Identify the proposed location of emergency power supply and
the decibel level emitted during testing and operation;
(24)
Information relating to the expected useful life of the proposed
large wireless facility;
(25)
Construction details for the proposed tower, supporting structure,
and base, including specifications for the maximum height of the tower
or structure the proposed base could support; and
(26)
Information relating to intended future co-locations on the
large wireless facility that may result in a further increase in the
size or height of the proposed large wireless facility.
H.
In the case of a new wireless telecommunications facility support
structure for a large wireless facility, the applicant shall be required
to submit a written report demonstrating its efforts to secure shared
use of existing wireless telecommunications support structure(s) or
the use of alternative existing buildings or other structures within
a one-half-mile radius of the site proposed. Copies of written requests
and responses for shared use shall be provided to the Zoning Board
of Appeals with the application, along with any letters of rejection
stating the reason for rejection. Acceptable reasons for rejection
include:
(1)
The proposed antenna and accessory equipment would exceed the structural
capacity of the existing building or other structure, and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antenna and accessory equipment would cause radio frequency
interference with other existing equipment for that existing building
or other structure and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing buildings or other structures do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(4)
A commercially reasonable agreement could not be reached with the
owner of such building or other structure.
I.
The applicant shall furnish written certification that the wireless
telecommunications facility, structure, foundation, attachments and
accessory equipment are designed and will be constructed to meet all
local, county, state and federal structural requirements for loads,
including wind and ice loads. If the large wireless facility is subsequently
approved and constructed, as-built certification indicating that the
large wireless facility has been constructed in accordance with all
standards shall be furnished to the Village prior to issuance of any
certificate of occupancy or compliance.
J.
The applicant shall submit a completed long-form EAF. Based on circumstances
of each application for a large wireless facility, the Zoning Board
of Appeals may require submission of a detailed visual analysis.
K.
All proposed large wireless facilities shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies where
appropriate, and will thereby have the least adverse visual effect
on the environment, the character of the community, surrounding properties
and on the residences in the area of the large wireless facility.
L.
The applicant shall, in writing, identify and disclose the number
and locations of any additional sites that the applicant has been,
is or will be considering, reviewing or planning for wireless telecommunications
facilities in the Village, and all municipalities adjoining the Village,
for a two-year period following the date of the application.
M.
All applications shall be accompanied by the appropriate nonrefundable
application fee, as established by the Village Board and set forth
in the Village Fee Schedule, in addition to any other fee required
by applicable law, and shall deposit funds, in an amount to be determined
by the Zoning Board of Appeals, into an escrow account held by the
Village to allow the Zoning Board of Appeals to retain such technical
experts and other consultants as may be necessary to review the proposal,
including, but not limited to, the review of financial and technical
aspects of the proposal and of the financial, legal and technical
practicability of alternatives which may be available to the applicant.
Large wireless facilities are permitted only in the M-1, MU
and NMU Zoning Districts and are subject to the restrictions and conditions
prescribed below:
A.
Construction and design. All large wireless facilities shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
large wireless facilities shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Village.
B.
Wind and ice. All large wireless facilities structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
C.
Aviation safety. Large wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
D.
Public safety communications. Large wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
E.
Radio frequency emissions. A large wireless facility shall not, by
itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. When a small
wireless facility is complete, as-built readings will be taken and
submitted to the Village.
F.
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(1)
Large wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Village's
residents.
(3)
All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents.
(4)
The owner or operator of a large wireless facility shall maintain
standby power generators capable of powering the wireless telecommunications
facility for at least 24 hours without additional public utility power,
and indefinitely with a continuous or replenished fuel supply. Such
standby power shall activate automatically upon the failure of public
utility power to the site. Notwithstanding the foregoing, the Zoning
Board of Appeals may require standby power longer than 24 hours where
circumstances indicate sufficient space exists to accommodate longer
periods of backup power.
A.
Large wireless facilities must be deployed in accordance with the following priorities, Subsection A(1) being the highest priority and Subsection A(5) being the lowest priority.
(1)
Co-location on existing wireless telecommunications facilities on
lands owned or controlled by the Village, not including the public
right-of-way;
(2)
Co-location on a site with existing wireless telecommunications facilities
or other tall structures in the Village;
(3)
On other lands owned or controlled by the Village including but not
limited to the Village public right-of-way;
(4)
On lands owned or controlled by other municipal corporations within
the Village, to the extent permitted by such other municipal corporation;
(5)
On private property not zoned exclusively for residential use.
B.
If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why
such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
C.
An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Zoning
Board of Appeals why co-location is commercially impracticable.
Wireless telecommunications facility support structures shall
be no higher than the minimum height necessary. The proposed height,
which may be in excess of maximum height permitted for other structures
in the applicable zone, shall address any additional height necessary
to accommodate co-location by additional antenna arrays, but under
no circumstances is the height to be in excess of 150 feet.
All large wireless facilities, including any support structures
and accessory equipment, located outside the public right-of-way shall
be set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Zoning Board
of Appeals may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
A.
All large wireless facilities shall be sited so as to have the least
adverse visual effect on the environment and its character, on existing
vegetation and on the residents in the area of the wireless telecommunications
facilities sites. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under federal, state and local laws, statutes,
codes, rules or regulations.
B.
Both the large wireless facility and any and all accessory equipment
shall maximize use of building materials, colors and textures designed
to blend with the structure to which it may be affixed and/or to harmonize
with the natural surroundings.
C.
A large wireless facility shall not be artificially lighted or marked,
except as required by law.
D.
Wireless telecommunications facility support structures for large
wireless facilities shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color as specified by the Planning Board,
to harmonize with the surroundings and shall be maintained in accordance
with the requirements of this section.
E.
Electrical and land-based telephone lines extended to serve the large
wireless facility sites shall be installed underground.
F.
To the maximum extent practicable, stealth technologies, consistent
with design guidelines, if any, adopted by the Village Board, shall
be required to be employed in an effort to blend into the surrounding
environment and minimize aesthetic impact.
G.
Landscaping shall be provided, if appropriate.
A.
For any LWFP application the Zoning Board of Appeals shall hold a
public hearing on due notice within 60 days after submission of a
formal completed application, including such technical information
from the applicant as may be required by the Zoning Board of Appeals.
B.
Notice of the public hearing shall be by publication in the official
newspaper of the Village at least five days in advance of the hearing.
The hearing notice shall indicate that the application may be examined
and further information is available from the Building Department
office during regular business hours. Copies of the publication order
shall be mailed by the applicant to the owners of property within
1,000 feet of the property which is the subject of the application,
and an affidavit of service thereof shall be filed with the Code Enforcement
Officer no later than the date of the hearing.
C.
Within 62 days of the close of the public hearing, the Zoning Board
of Appeals shall grant, grant with conditions or deny the application
and shall set for the reasons therefor in a written determination.
D.
In granting any LWFP, the Zoning Board of Appeals may attach such
conditions and safeguards to such permit as are, in its opinion, necessary
to ensure initial and continued conformance to all applicable standards
and requirements, including the incorporation of stealth technologies
or other measures which mitigate adverse visual impacts and may require
that such facility be designed and constructed in accordance with
design guidelines, if any, adopted by the Village Board.
E.
Time frames for determination.
(1)
Within 30 days of receipt of any application for a large wireless
facility, the Code Enforcement Officer shall notify the applicant
in writing of any supplemental information required to complete the
application. Such notification shall toll the applicable shot clock
until the applicant submits the required supplemental information.
(2)
Within 90 days of receipt of an application for a co-located large
wireless facility or 150 days of receipt of an application for a new
large wireless facility with accompanying support structure, including
such technical information from the applicant as may be required by
the Zoning Board of Appeals, the Zoning Board of Appeals shall make
its final decision on the application for a LWFP.
(3)
All time periods set forth in this section reference calendar days.
(4)
The time frames set forth herein may be extended by mutual agreement
of the applicant and the Zoning Board of Appeals, or upon a determination
by the Zoning Board of Appeals, set forth in writing and based upon
substantial evidence, that, despite its best efforts, the Zoning Board
of Appeals could not complete its review of such application consistent
with all applicable requirements within such time frames.
A.
At any time between 12 months and six months prior to the five-year
anniversary date after the issuance of a LWFP, and all subsequent
fifth anniversaries thereafter, the holder of a LWFP shall submit
a signed written request to the Zoning Board of Appeals for recertification.
In the written request for recertification, the holder of such permit
shall note the following:
(1)
The name of the holder of the LWFP for the wireless telecommunications
facility.
(2)
The date of the original granting of the LWFP.
(3)
Whether the large wireless facility has been modified since the issuance
of the special use permit and, if so, in what manner.
(4)
Any requests for waivers or relief of any kind whatsoever from the
requirements of this section and any requirements for a LWFP.
(5)
Certification that the large wireless facilities are in compliance
with the special use permit and in compliance with all applicable
codes, laws, rules, regulations and federal certification requirements.
(6)
Certification that the wireless telecommunications support structure,
base station and accessory equipment are designed and constructed
(as built) 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 professional engineer licensed by the
State of New York.
B.
If, after such review, the Zoning Board of Appeals determines the
permitted large wireless facility is in compliance with the LWFP and
all applicable statutes, laws, local laws, ordinances, codes, rules
and regulations, the Zoning Board of Appeals shall recertify the special
use permit for the large wireless facility, which may include any
new provisions or conditions that are mutually agreed upon or required
by applicable statutes, laws, local laws, ordinances, codes, rules
and regulations.
C.
If, after such review, the Zoning Board of Appeals determines that
the permitted large wireless facility is not in compliance with the
LWFP and all applicable statutes, local laws, ordinances, codes, rules
and regulations, the Zoning Board of Appeals may refuse to issue a
recertification of the special use permit for the large wireless facility,
and, in such event, such large wireless facility shall not be used
after the date that the applicant receives written notice of such
decision by the Zoning Board of Appeals unless and until any deficiencies
determined by the Zoning Board of Appeals are cured. Any such decision
shall be in writing and supported by substantial evidence contained
in a written record.
D.
If the applicant has submitted all of the information requested by the Zoning Board of Appeals and required by this section, and if the Zoning Board of Appeals does not complete its review, as noted in Subsection B of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, the applicant for the permitted large wireless facility shall receive an extension of the special use permit for up to six months in order for the Zoning Board of Appeals to complete its review.
E.
If the holder of a LWFP does not submit a request for recertification of such permit within the time frame noted in Subsection A of this section, then such LWFP and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original issuance of the LWFP, or subsequent fifth anniversaries, unless the holder of the LWFP adequately demonstrates to the Zoning Board of Appeals that extenuating circumstances prevented a timely recertification request, in which case the holder of the LWFP may submit a late recertification request or application for a new LWFP.
The applicant and the owner of record of any proposed large
wireless facility property site shall, at their cost and expense,
be jointly required to execute and file with the Village a bond, or
other form of security acceptable to the Village as to type of security
and the form and manner of execution, in an amount sufficient to ensure
the proper operation, maintenance and, if necessary, removal of such
large wireless facility and associated equipment and restoration of
any impacted property, as determined by the Zoning Board of Appeals
based on a written estimate from a qualified professional, and with
such sureties as are deemed sufficient by the Zoning Board of Appeals
to assure the faithful performance of the terms and conditions of
this section and conditions of the LWFP issued pursuant to this chapter.
The full amount of the bond or security shall remain in full force
and effect throughout the term of the LWRP and/or until any necessary
site restoration is completed to restore the site to a condition comparable
to that which existed prior to the issuance of the original special
use permit.
A.
In addition to the applicable LWFP permit provisions and requirements
listed in this section, any application to deploy a large wireless
facility on Village-owned property or within a public right-of-way
owned or controlled by the Village shall be required to comply with
the following regulations:
(1)
License. An applicant to deploy a large wireless facility on Village-owned
property or within a public right-of-way owned or controlled by the
Village must obtain a license from the Board of Trustees that fairly
and reasonably compensates the Village for the costs associated with
such deployment.
(a)
In the case of deployments within a public right-of-way owned
or controlled by the Village, such costs shall be limited to those
costs that are objectively reasonable approximations of the costs
incurred by the Village relating to such deployment in the right-of-way,
which costs shall be adopted by the Village Board and included in
the Village's Schedule of Fees.
(b)
Any license issued pursuant to this section shall require the
applicant, to the extent permitted by law, to at all times defend,
indemnify, protect, save, hold harmless, and exempt the Village and
its elected officials, officers, board members, 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, product 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.
(2)
Location. Large wireless facilities in the public right-of-way shall
be co-located on existing wireless telecommunications facility whenever
possible. If co-location is not technologically feasible, the applicant
shall locate its large wireless facility on existing utility poles,
monopoles or other structures that do not already act as wireless
telecommunications facility support structures.
(3)
Design requirements:
(a)
All accessory equipment shall be the smallest and least visibly
intrusive equipment feasible.
(b)
Antenna and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
The large wireless facility shall be designed to be consistent
with the design guidelines, if any, adopted by the Village.
(4)
Equipment location. Large wireless facilities, which include wireless
telecommunications support structures and accessory equipment in the
public right-of-way, shall be located so as not to cause any physical
or visual obstruction to pedestrian or vehicular traffic, or to otherwise
create safety hazards to pedestrians and/or motorists or to otherwise
inconvenience public use of the right-of-way as determined by the
Village. In addition:
(a)
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
(b)
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground shall be screened from surrounding views, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Village. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls, enclosures or other
stealth technology to the satisfaction of the Village.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Village.
(d)
Any graffiti on any large wireless facility support structure,
base station or any accessory equipment shall be removed within 30
days upon notification by the Village at the sole expense of the owner.
(e)
Any proposed underground vault related to large wireless facilities
shall be reviewed and approved by the Village.
(f)
Accessory equipment attached to a large wireless facility support
structure shall have such vertical clearance as the Zoning Board of
Appeals may determine.
(5)
Relocation or removal of large wireless facilities in the public right-of-way. In addition to the removal provisions set forth in Section 100-26, within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a large wireless facility and any accessory equipment in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any large wireless facility or accessory equipment when the Village, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
To construct, repair, maintain or install any Village or other
public improvement located in the right-of-way;
(b)
To prevent the interference with the operations of the Village
or other governmental entity, in the right-of-way;
(c)
Abandonment of a street or road or the release of a utility
easement; or
(d)
An emergency as determined by the Village Board.
A.
Security. All small wireless telecommunications facilities and antennas
shall be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
(1)
All antennas and other supporting structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and
(2)
Transmitters and telecommunications control points shall be installed
in such a manner that they are readily accessible only to persons
authorized to operate or service them.
B.
Inspections. In order to verify that the holder of a permit issued
pursuant to this chapter, and any and all lessees, renters, and/or
licensees of such wireless facilities, place and construct such facilities,
including supporting structures, accessory equipment and antennas,
in accordance with all applicable technical, safety, fire, building,
and zoning laws, statutes, codes, rules, regulations and other applicable
requirements, the Village may inspect at any time, upon providing
reasonable notice, all facets of said permit holder's, renter's,
lessee's or licensee's placement, construction, modification
and maintenance of such facility, including, but not limited to, structures,
antennas, accessory equipment and electromagnetic output.
C.
Insurance. An applicant for a wireless telecommunications facility
permit shall secure and at all times maintain public liability insurance
for personal injuries, death and property damage, and umbrella insurance
coverage, for the duration of the permit in amounts as set forth below:
(1)
For co-location on existing wireless telecommunications facility
structure, the insurance policies shall be in the following amounts:
(2)
For a wireless telecommunications facility located on a new wireless
telecommunications structure the insurance policies shall be in the
following amounts:
(3)
For a wireless telecommunications facility on Village property, the
commercial general liability insurance policy shall specifically include
the Village as an additional insured.
(4)
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
(5)
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
(6)
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.
(7)
Prior to the issuance of a permit for a small wireless facility,
the applicant shall deliver to the Village a copy of each of the policies
or certificates representing the insurance in the required amounts.
D.
Annual NIER certification. The holder of any permit issued pursuant
to this chapter shall, annually, certify to the Code Enforcement Officer
that NIER levels at the site where a wireless telecommunications facility
is located are within the threshold levels adopted by the FCC. In
addition, the Village, at its own cost and expense, shall be permitted
to conduct its own certification test of the NIER levels at the site
where any wireless telecommunications facility is located, with or
without notice to the wireless telecommunications provider. Once operational,
but prior to providing service to customers, as-built readings must
be provided to the Village.
A.
A SWFP or LWFP may be revoked under the following circumstances:
(1)
The facility has been abandoned (i.e., not used as a wireless telecommunications
facility) for a period exceeding 90 consecutive days or a total of
180 days in any 365-day period, except for periods caused by force
majeure or acts of God, in which case, repair or removal shall commence
within 90 days;
(2)
The permitted facility falls into such a state of disrepair that
it creates a safety hazard;
(3)
The facility has been located, constructed, or modified without first
obtaining, or in a manner not authorized by, the required permit,
or any other necessary authorization;
(4)
If a permitted facility is constructed, repaired, rebuilt, placed,
moved, relocated, modified or maintained in a way that is inconsistent
or not in compliance with the provisions of this section or of the
permit conditions or other legal requirements, or it is determined
that the applicant made materially false or misleading statements
during the application process; or
B.
The Code Enforcement Officer shall notify the permit holder in writing of any violation of Subsection A, which notice shall specify the nature of the violation or noncompliance, and specify that the violations must be corrected within seven 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 or noncompliance causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer may order the violation remedied within 24 hours.
C.
If within the period set forth in Subsection B the small wireless facilities are not brought into compliance with the provisions of this chapter, or of the permit, or substantial steps are not taken in order to bring the affected facility into compliance, then the Code Enforcement Officer may issue a written recommendation to the Zoning Board of Appeals that such permit be revoked and such wireless facility be removed pursuant to § 100-26.
D.
Upon the receipt of a recommendation described in Subsection C, above, the Zoning Board of Appeals shall conduct a public hearing on said recommendation as soon as practicable and, based upon evidence adduced at such hearing, adopt such recommendation, in whole or in part, or reject such recommendation. If the Zoning Board of Appeals determines to revoke such permit, the owner or applicant shall remove such wireless facility in accordance with § 100-26.
A.
If the Zoning Board of Appeals revokes a permit as provided in § 100-25, the Code Enforcement Officer shall promptly notify the holder of such permit and the owner of the property in writing that said wireless facility is to be removed and any affected property appropriately restored.
B.
The holder of the permit or the owner of the property shall be required
to dismantle and remove such small wireless facility, and all accessory
equipment and associated structures, from the site and return the
site to its original condition and certify through soils or other
testing that no contamination has been created by the facility, such
restoration being completed, limited only by physical or commercial
impracticability, within 90 days of receipt of written notice from
the Code Enforcement Officer to remove such wireless facility.
C.
If the wireless facility is not removed or substantial progress has
not been made to remove the wireless facilities within 90 days after
the small facility permit holder has received such written notice
of removal, the Village may remove the wireless facilities at the
sole expense of the property owner and/or permit holder.
D.
If the Village removes or causes to be removed the wireless facility,
and the owner of the wireless telecommunications facility does not
claim and remove them to a lawful location within 10 days of being
notified of its removal, the Village may take steps to declare the
facilities abandoned and dispose of or sell them and their components
and retain the proceeds therefrom. The Village may also cause the
costs associated with the removal and disposal of the wireless facilities
to be assessed on the property in the same manner as a tax or assessment.
A.
The holder of a permit issued pursuant to this chapter shall adhere
to and comply with all applicable rules, regulations, standards, and
provisions of any state or federal agency, including, but not limited
to, the FCC and the FAA. Specifically included in this requirement
are any rules and regulations regarding height, lighting, security,
electrical and RF emission standards.
B.
To the extent that applicable rules, regulations, standards, and
provisions of any state or federal agency, including, but not limited
to, the FCC and the FAA, and specifically including any rules and
regulations regarding height, lighting, and security, are amended
and/or are modified during the duration of a permit issued pursuant
to this chapter, the holder of such a permit shall conform the permitted
wireless telecommunications facility to the applicable amended and/or
modified rule, regulation, standard, or provision within a maximum
of 12 months after 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.
In addition to any other remedies in this section, a violation
of any provision of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $500, or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five year, punishable by a fine not less than $500 nor
more than $1,000, or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $5,000 or imprisonment
for a period not to exceed one year, or both. Each continued violation
shall constitute a separate additional violation.
