As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
An accessory building and structure, including base station designed
and used to shelter equipment and/or to support PWS. The term "accessory structure"
does not include offices, long-term storage of vehicles or other equipment
storage, or broadcast studios.
ALTERNATE TOWER STRUCTURE
A mounting structure, other than a tower, that can reasonably serve
as a mounting point for an antenna and otherwise meets the requirements of
this chapter.
ANTENNA
Any device, other than an exempt antenna, used to radiate into or
capture from the air electromagnetic waves carrying any form of communication,
including, but not limited to, cellular phone antennas, PCS communications
antennas, directional antennas, such as panels and microwave dishes and omnidirectional
antennas, such as whip antennas.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more
cellular telephone switching offices, and/or long distance providers, or the
public switched telephone network.
EXEMPT ANTENNA OR TOWER
An antenna or tower exempted from the requirements of this chapter
pursuant to the provisions of this chapter.
HEIGHT
When referring to a tower or other structure, the distance measured
from the ground level grade on which the tower or structure is located to
the highest point on the tower or structure, including the base pad and any
antenna.
PERSONAL WIRELESS SERVICES (PWS)
Commercial mobile services, unlicensed wireless services, and common
carrier wireless exchange access services as defined by Section 704 of the
Federal Telecommunications Act.
PREMISES
A parcel of land, the boundaries of which are defined by the applicable
tax parcel set forth on the tax maps for the Town of Hastings and Village
of Central Square.
TOWER
Any ground- or roof-mounted pole, spire, structure or combination
thereof taller than 15 feet, other than an exempt tower, that is designed
and constructed primarily for the purpose of supporting one or more antennas,
including self-supporting lattice towers, guyed towers, or monopole towers.
The term includes, but is not limited to, radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone towers,
and structures used to support the related equipment.
In addition to any information required for application for special
use permits pursuant to this chapter, applicants for a special use permit
hereunder shall submit the following information:
A. A scaled site plan clearly indicating the location, type
and height of the proposed tower, on-site land uses and zoning, adjacent land
uses and zoning (including ones adjacent to other municipalities), adjacent
roadways, proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower, proposed lighting, names and addresses of
adjacent property owners within 550 feet of the property lot lines, the separation
distance from other towers described in the inventory of existing sites submitted
by the applicant, the type of construction of such existing tower(s) and the
owner/operator of such tower(s), if known, and any other structures, topography,
parking or other information deemed by the Village Board to be necessary to
assess compliance with this chapter.
B. Legal description of the subject property, including
the leased parcel (if applicable) and a property survey prepared by a licensed
land surveyor.
C. A landscape plan showing specific landscape materials.
D. Method of fencing, finished color and, if applicable,
the method of camouflage and illumination.
E. A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional antennas
for future users.
F. Identification of the entities providing the backhaul
network for the tower(s) described in the application and other PWS sites
owned or operated by the applicant in the Village.
G. A description of the suitability of the use of existing
towers, other structures or alternative technology not requiring the use of
towers or structures to provide the services to be furnished through the use
of the proposed new tower.
H. A description of the feasible location(s) of future towers
or antennas within the Village based upon existing physical, engineering,
technological or geographical limitations in the event the proposed tower
is erected.
I. The applicant's maintenance and inspection schedule.
J. A safety analysis and certification by a licensed professional
engineer that the proposed facility will be in compliance with all applicable
FAA and FCC laws and regulations.
K. Proof of the property owner's consent, if the applicant
is not the owner of the property on which the applicant seeks to locate the
proposed tower or antenna.
L. Long environmental assessment form, including a visual
environmental assessment form.
M. Identification of the effects, if any, such PWS facility
will have on other existing communications facilities in the area.
N. Other details as may be requested by the Village Board
to show compliance with these regulations.
In addition to the criteria and standards set forth in this chapter,
the Planning Board shall consider the following and forward its recommendations
to the Village Board. These recommendations shall be used in determining whether
or not a special permit shall be issued.
A. General.
(1) Height of the proposed tower;
(2) Proximity of the tower to residential structures and
residential district boundaries;
(3) Nature of uses on adjacent and nearby properties;
(5) Surrounding tree coverage and foliage;
(6) Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness;
and
(7) Proposed ingress and egress.
B. Availability of suitable existing or approved towers
or alternate tower structures.
C. Compliance with all other requirements of this chapter.
D. The Planning Board is authorized to review, evaluate
and determine the appropriateness of the location of a telecommunication facility
in any approved district, based upon a reasonable evaluation of its impact
or effect upon the aesthetic character of the area immediately surrounding
the facility site. In the event that the Planning Board determines that the
location of the telecommunication facility will irreparably damage the surrounding
neighborhood or area, the Board may choose, in its sole discretion, to request
that the applicant investigate one or more alternate locations in order to
avoid an irreparable damage or effect upon the adjacent area.
Each applicant shall provide to the Codes Enforcement Officer an inventory
of its existing or approved towers, antennas, or alternate tower structures
that are either within the Village or within two miles of its borders, including
specific information about the location, height and design of each tower.
Antennas and towers in existence which do not conform to or comply with
this chapter are subject to the following provisions:
A. Subject to applicable state or federal laws, rules and
regulations, antennas and towers may continue in use for the purpose now used
and as now existing but may not be replaced or altered without complying in
all respects with this chapter.
B. If such antennas or towers are hereafter damaged or destroyed
due to any reason or cause whatsoever, the antenna or tower may be repaired
and restored to its former use, location, and physical dimensions without
complying with this chapter; provided, however, that if the cost of repairing
the tower to the former use, physical dimensions, and location would be 10%
or more of the cost of a new tower of like kind and quality, then the tower
may not be repaired or restored except in full compliance with this chapter.