[HISTORY: Adopted by the Board of Trustees of the Village of Greene 2-12-2001
by L.L. No. 1-2001. Amendments noted where applicable.]
A.
The Village of Greene recognizes the increased demand
for personal wireless service facilities and the need for the services they
provide. Often, these facilities require the construction of a communications
tower. The intent of this chapter is to protect the Village's interest
in siting towers while also allowing service providers to meet their technological
and service objectives for the benefit of the public.
B.
The goals of this section are to:
(1)
Minimize visual effects of towers through careful design,
siting and vegetative screening.
(2)
Avoid potential damage to adjacent properties from tower
or accessory structure failure or falling debris through engineering and careful
siting of towers structures.
(3)
Maximize use of any new or existing tower and encourage
the use of existing buildings and/or structures to reduce the number of towers
needed.
For the purpose of this chapter, certain terms and words are herewith
defined as follows:
An accessory facility or structure serving or being used in conjunction
with a telecommunications facility or tower and located on the same lot as
the telecommunications facility or tower. Examples of such structures include
utility or transmission equipment, storage sheds or cabinets. The term "accessory
structures" does not include offices, long-term storage of vehicles or other
equipment storage, or broadcast studios.
Man-made trees, clock towers, bell steeples, light poles and similar
alternative mounting structures that camouflage or conceal the presence of
antennas or towers.
Any exterior apparatus designed for telephonic, radio, data, Internet
or television communications through the sending and/or receiving of electromagnetic
waves, and includes equipment attached to a tower or building for the purpose
of providing personal wireless services, including unlicensed wireless telecommunications
services, wireless telecommunications services utilizing frequencies authorized
by the Federal Communications Commission for "cellular," "enhanced specialized
mobile radio" and "personal communications services," telecommunications services,
and its attendant base station.
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.
Personal wireless service facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which do not
require construction of a new tower.
"Cell on wheels," which is a temporary facility rolled in or installed
and used for a period of no longer than 90 days.
The Electronic Industries Association.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured
from the finished grade of the parcel to the highest point on the tower or
other structure, including the base pad and any antenna. If the support structure
is on a slope grade, then the average between the highest and lowest grades
shall be used in calculating the antenna height.
The structure or surface upon which personal wireless service facilities
are mounted. There are three types of mounts:
BUILDING-MOUNTEDA personal wireless service facility mount fixed to the roof or side of a building.
GROUND-MOUNTEDA personal wireless service facility mount fixed to the ground, such as a tower.
STRUCTURE-MOUNTEDA personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles and bridges.
Shall be defined in the same manner as in Title 47, United States
Code, Section 332 (c)(7)(C), as they may be amended now or in the future,
and includes facilities for the transmission and reception of radio or microwave
signals used for communication, cellular phone, personal communications services,
enhanced specialized mobile radio and any other wireless services licensed
by the FCC and unlicensed wireless services.
Any tower or antenna for which a building permit or special use permit
has been properly issued prior to the effective date of this chapter, including
permitted towers and antennas that have not yet been constructed so long as
such approval is current and not expired.
Any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas for telephone, radio and similar
communication purposes, including self-supporting lattice towers, guyed towers
or monopole towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers, alternative
tower structures and the like. The term includes the structure and any support
thereto.
Commercial mobile services that operate on public frequencies and
do not need a FCC license.
All the areas, from which an object (such as a tower) can be seen
by an observer, generally considered while standing at ground level. Areas
not visible due to intervening topography alone are considered NOT visible,
while areas generally without views due to intervening vegetation are considered
POTENTIAL viewshed. A viewshed is usually considered to extend to a distance
where the potential impact is lessened due to atmospheric conditions. For
the purpose of visual impact analysis of towers, a practical limit for viewshed
analysis is often three to five miles.
A.
Collocated antennas. Personal wireless service facilities
comprised of collocated antennas utilizing existing buildings or structures,
which collocated antennas are similar to existing antennas on such building
or structure, shall be permitted upon such conditions that the Village Planning
Board may require.
B.
New towers. Personal wireless service facilities requiring
construction of a new tower shall require, in addition to site plan approval,
a tower permit from the Planning Board in accordance with the standards set
forth in this section.
C.
Cell on wheels (COW). A COW or other temporary personal
wireless service facility shall be permitted for a maximum of 90 days with
approval of the Village Planning Board.
A.
Each application shall require a fee in the amount of
$250 made payable to the Village Clerk of Greene along with the application.
In addition, the applicant shall be required to reimburse the Village of Greene
for the cost of professional evaluation, including but not limited to signal
propagation studies, visual impact assessment studies, site plan review, public
hearings and any incidental administrative costs associated with these projects.
The applicant shall be required to post a cash deposit or payment bond in
the amount of such anticipated costs for the purpose of insuring such reimbursement
to the Village.
B.
For each personal wireless service facility, the applicant
shall submit to the Village Planning Board a written application and a drawing
that indicates proposed design in relationship to the existing antenna.
C.
For each personal wireless service facility requiring
a tower permit, the applicant shall submit a written application and other
supporting materials as are generally required for such permits under the
Village of Greene Site Plan Review Law[1] and Personal Wireless Service Facilities Law.
D.
Each applicant for a personal wireless service facility
shall submit an environmental assessment form (long-form), with the visual
addendum, and an analysis demonstrating that location of the personal wireless
service facility as proposed is necessary to meet the frequency reuse and
spacing needs of the applicant's personal wireless service and to provide
ninety-percent service and coverage to the new service area. Application material
and supporting documentation may utilize any combination of site plans, surveys,
maps, photosimulations, technical reports or written narratives necessary
to convey the following information. Each applicant shall submit:
(1)
A site plan (certified by a licensed land surveyor) clearly
indicating the location, type and height of the proposed tower and antenna,
on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways,
proposed means of access, setbacks from property lines, elevation drawings
of the proposed tower and any other proposed structures, including but not
limited to:
(2)
The maximum height of the proposed personal wireless
service facility and/or tower along with justification for the height of any
tower.
(3)
A detail of tower type (monopole, guyed, freestanding
or other).
(4)
The location, type and intensity of any lighting on the
tower and justification for the proposed lighting.
(5)
Property boundaries and names of adjacent land owners.
(6)
Proof of the landowners' consent if the applicant
does not own the property; with copies of the purchase or lease agreement.
(7)
The location of all other structures, including proposed
structures on the property within a radius of 125% of tower height, together
with the distance of those structures to any proposed tower.
(8)
The location, nature and extent of any proposed fencing,
landscaping and/or screening; and reason for the clearing of the land.
(9)
The location and nature of proposed utility easements
and access road, if applicable.
(10)
The telecommunications company must demonstrate that
it is licensed by the FCC if required to be licensed under FCC regulations.
(11)
The applicant, if not the telecommunications service
provider, shall submit proof of lease agreements with a FCC-licensed telecommunications
provider if such telecommunications provider is required to be licensed by
the FCC.
(12)
A signed statement indicating that:
(a)
The applicant and landowner agree they will diligently
negotiate in good faith to facilitate collocation of additional personal wireless
service facilities by other providers on the applicant's structure or
within the same site location; and
(b)
The applicant and/or landlord agree to remove the facility
within 60 days after abandonment.
(13)
A site, elevation and landscaping plan indicating the
specific placement of the facility on the site, the location of existing structures,
trees and other significant site features, the type and location of plant
materials used to screen the facility and the proposed color(s) of the facility.
(14)
A current map showing the location of the proposed tower;
a map showing the locations and service areas of other personal wireless service
facilities operated by the applicant and those proposed by the applicant that
are close enough to impact service within the Village.
(15)
A landscape plan showing specific landscape materials.
(16)
Method of fencing, and finished color and, if applicable,
the method of camouflage and illumination.
(17)
A notarized letter signed by the applicant stating the
tower will comply with all EIA Standards and all applicable local, state and
federal laws and regulations, including, specifically, FAA regulations.
(18)
A statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for future
users.
(19)
Certification that the antenna usage will not interfere
with other adjacent or neighboring transmission or reception functions.
A.
To minimize adverse visual impacts associated with the
proliferation of towers, collocation of personal wireless service facilities
on existing or new towers shall take precedence over the construction of new
single-use towers.
B.
The Village Planning Board may deny an application to
construct new facilities if the applicant has not shown by substantial evidence
that it has made a good-faith effort to mount the facilities on an existing
structure and/or tower.
A.
As provided above, new facilities shall be designed to
accommodate collocation, unless the applicant demonstrates why such design
is not feasible for economic, technical or physical reasons.
B.
The following criteria and additional requirements shall
apply to each application for site plan approval for a personal wireless service
facility:
(1)
Setbacks. All towers shall be set back from all residential
dwellings and commercial structures (permanent or seasonal) and all property
lines a minimum distance of 125% of the tower height. In addition, all towers
shall be in compliance with the FAA Codes and Regulations.
(2)
View corridors. Due consideration shall be given so that
placement of towers, antenna and personal wireless service facilities do not
obstruct or significantly diminish views.
(3)
Color. Towers shall have a color generally matching the
surroundings or background that minimizes their visibility, unless the FCC
or FAA requires a different color. Towers shall be painted and maintained
in good condition from an aesthetic standpoint.
(4)
Lights, signals and signs. No signals, lights or signs
shall be permitted on towers unless required by the FCC or the FAA. Should
lighting be required, in cases where there are residents located within a
distance that is 300% of the height of the tower, then dual-mode lighting
shall be requested from the FAA.
(5)
Equipment structures. Ground-level equipment, buildings
and the tower base shall be screened from public view. The standards for the
equipment buildings are as follows:
(a)
Ground-level buildings shall be screened from view by
landscape plantings, fencing or other appropriate means, as specified herein
or in other sections of the Village Code.
(b)
Equipment buildings mounted on a roof shall have a finish
similar to the exterior building walls. Equipment for roof-mounted antennas
may also be located within the building on which the antenna is mounted.
(6)
Visual impact assessment. The Planning Board may require
a visual impact assessment be performed by a New York State licensed landscape
architect or other qualified professional who has had prior experience in
the preparation of visual impact assessments. The visual impact assessment
will be prepared in accordance with the following methodology:
(a)
A "viewshed map" shall be provided in order to determine
locations where the tower may be seen. The viewshed map shall extend a minimum
of three miles in all directions from the proposed location of the tower.
It shall indicate areas where the tower can be seen based on intervening topography
only and areas where the tower can be seen based on intervening topography
and vegetation.
(b)
Photorealistic simulations. Pictorial representations
of "before" and "after" views from key viewpoints. Key viewpoints will be
suggested by the professional based on resource sensitivity, viewer sensitivity,
number of viewers affected and input from the Planning Board. Potential key
viewpoints may include but are not limited to state highways and other major
roads, state and local parks, other public lands, preserves and historic sites
normally open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Planning Board shall
review and approve the key viewpoints at a presubmission conference with the
applicant. The presentation of "before" and "after" photos shall be as full
color original prints at 11 inches by 17 inches for public viewing.
(c)
Written assessment of the expected viewer response to
the visual impacts created by the proposed tower, including the base, guy
wires, accessory buildings, utility connections and access roads. Discussion
of alternative tower designs and color schemes.
(d)
Discussion of potential mitigation options, including
screen planting on site and off site, tower design options to minimize impacts
and potential off-set mitigation if insufficient on- or off-site mitigation
options are not available.
(7)
Aesthetics. Personal wireless service facilities shall
be located and buffered to the maximum extent which is practical and technologically
feasible to help ensure compatibility with surrounding land uses. In order
to minimize adverse aesthetic effects on neighboring residences to the extent
possible, the Planning Board may impose reasonable conditions on the applicant,
including the following:
(a)
The Planning Board may require reasonable landscaping
consisting of trees or shrubs to screen the base of the tower and accessory
structures to the extent possible from adjacent residential property. Existing
an-site trees and vegetation shall be preserved to the maximum extent possible.
(b)
The Planning Board may require that the tower be designed
and sited so as to avoid, if possible, application of FAA lighting and painting
requirements. If lighting is utilized, all lights shall be baffled to limit
light directed downward as much as possible without being in conflict with
the FAA requirements.
(c)
Accessory facilities should maximize use of building
materials, colors and textures designed to blend with the natural surroundings;
and
(d)
No tower or personal wireless service facility shall
contain any signs, company logos or advertising devices.
(8)
Traffic access and safety.
(a)
A road turnaround and two parking spaces shall be provided
to assure adequate emergency and service access. Maximum use of existing roads,
public or private, shall be made. Road construction shall, at all times, minimize
ground disturbance and vegetation cutting, and road grades shall closely follow
natural contours to assure minimal visual disturbance and reduce soil erosion
potential.
(b)
All towers and guy anchors, if applicable, shall be enclosed
by a fence not less than six feet in height or otherwise sufficiently secured
to protect them from trespassing or vandalism. A locked gate will be required
as a minimum.
(c)
Federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC and any other agency
of the federal government with the authority to regulate towers and antennas.
If those standards and regulations are changed, then personal wireless service
providers governed by this chapter shall bring their towers and antennas into
compliance with the revised standards and regulations within three months
of their effective date. The revised standards and regulations are not retroactively
applicable to existing providers, unless a more stringent compliance schedule
is mandated by the controlling federal agency. Failure to bring towers and
antennas into compliance with the revised standards and regulations shall
constitute grounds for the Village to remove a provider's facilities
at the provider's expense.
(d)
The applicant shall provide a certification from a qualified,
licensed New York State professional engineer, certifying that the tower or
personal wireless service facility meets applicable structural safety standards
and upon operation does not interfere with local radio and/or television frequencies.
(e)
Antenna support structure safety. The applicant shall
demonstrate that the proposed antenna and support structure are safe and the
surrounding areas will not be negatively affected by support structure failure,
falling ice or other debris or interference. All support structures shall
be fitted with anticlimbing devices, as approved by the manufacturers.
(f)
Each year after a facility becomes operational, the facility
operator shall conduct a safety inspection in accordance with the EIA and
FCC standards and within 60 days of the inspection, file a report with the
Village Clerk. Submission of a FCC required, and duly filed, safety inspection
report, or the facility operator's maintenance reports for the prior
12 months in the event no FCC report is required for such year, shall satisfy
the requirements of this section.
(g)
The fall zone of any roof-mounted personal wireless service
facility can not exceed the distance of the roof's perimeter in any direction.
All roof-mounted personal wireless service facilities:
(h)
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable Village building codes
and the applicable standards for towers that are published by the Electronic
Industries Association (EIA), as amended from time to time. If, upon inspection,
the Village concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring the tower
into compliance with such standards. If the owner fails to bring its tower
into compliance within 30 days, the Village may remove the tower at the owner's
expense. Further, if a tower fails to comply with such codes and standards,
the owner shall reimburse the Village for its costs for an engineer or other
person and their and the Village's costs in this regard.
(9)
Removal of obsolete/unused facilities. The applicant, its successors and/or assignees (applicant) shall agree, in writing, to remove the tower or antennas at the applicant's expense, if the personal wireless service facility becomes obsolete or ceases to be used for its intended purpose for 60 or more consecutive days. Removal of such obsolete and/or unused towers or antennas shall take place within 180 days of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or personal wireless service facility. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 83-8 of this chapter.
(10)
Public involvement. The applicant shall notify by certified
mail adjacent property owners of any application for any personal wireless
service facilities permit and shall allow input from such property owners
upon its site plan review. In addition, the Planning Board shall issue a public
notice in the local newspaper of this application.
C.
The following criteria and additional requirements shall
apply to each application:
(1)
Height. The applicant must submit sufficient information
to justify the proposed height as the minimum necessary to achieve its coverage
objectives.
(2)
Shared use of existing towers and/or structures. At all
times, shared use of existing towers and/or structures, e.g. municipal water
tank, buildings, towers, etc., shall be preferred to the construction of new
towers. An applicant for a tower permit shall present a report inventorying
existing towers and/or structures within a reasonable distance of the proposed
site and outlining opportunities for shared use of existing facilities as
an alternative to a proposed new tower. The applicant shall submit documentation
demonstrating good-faith efforts to secure shared use on existing towers or
structures as well as documentation of the technical, physical and/or financial
reasons why shared usage is not proposed. Written request for shared use shall
be provided where applicable. The applicant shall also demonstrate efforts
to locate a new tower on the same site as an existing tower or structure,
if it is not collocating on the existing tower or structure.
(3)
Available services. To ensure that the tower or antenna
installation actually benefits the Village's residents, it is required
that the company offer service, through its normal plans, to residents of
the Village. This service shall extend throughout the largest metropolitan
area found within 30 miles of the Village's perimeter without the imposition
of roaming charges.
(4)
No antenna shall cause localized interference with the
reception of any other communications signals, including, but not limited
to, public safety, television and radio broadcast signals.
A.
Personal wireless service facilities may be repaired
and maintained without restrictions.
B.
The following types of personal wireless service facilities
are not subject to the provision of this section:
(1)
Public safety agencies.
(2)
Antennas used solely for television and radio reception,
including up to ten-foot diameter satellite antennas.
(3)
Wireless radio utilized for temporary emergency communications
in the event of a disaster.
(4)
Licensed amateur (ham) radio stations and citizen band
stations so long as such antennas are not more than 50 feet in height as measured
from the ground.
(5)
Routine maintenance or repair of a personal wireless
service facility and related equipment (excluding structural work or changes
in height or dimensions of antennas, towers or buildings), provided that compliance
with the standards of this chapter are maintained.
(6)
During a declared emergency affecting the Village of
Greene, a COW or personal wireless service facility shall be permitted at
the discretion of the Emergency Manager designated by the Village of Greene.
A.
Complaints of violations. Whenever a violation of this
chapter occurs, any person may file a complaint in regard thereto. All such
complaints must be in writing and shall be filed with the Code Enforcement
Officer and Village Clerk, who shall properly record such complaint and immediately
investigate the report thereon.
B.
Procedure for abatement of violations.
(1)
Whenever, in the opinion of the Code Enforcement Officer,
after proper examination and inspection, there appears to exist a violation
of any provision of this chapter, or of any rule or regulation adopted pursuant
thereto, the Code Enforcement Officer shall serve a written notice of violation
upon the owner of the property in violation. Fourteen days after notification,
this shall be considered a violation and shall be subject to appropriate penalties
and other remedies as provided for herein and under the laws of the State
of New York.
(2)
Such notice of violation shall:
(3)
In the event the violation is not remedied, then the
person notified of such violation shall be subject to conviction for a violation
as defined by the Penal Law of the State of New York and shall be subject
to a fine of not more than $250 or by sentence of imprisonment for a period
of not more than 15 days, or both. Each day that the violation continues shall
constitute a separate offense.
C.
Alternative penalty. In addition to other remedies provided
in this chapter, the Village Board or, with its approval, the Code Enforcement
Officer, may institute any appropriate action or proceeding to prevent such
unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation, to prevent
the occupancy of such building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
D.
Appeal. Any person aggrieved by any order, requirement,
decision, interpretation or determination made by an administrative official
or body charged with the enforcement of this chapter may appeal to the Zoning
Board of Appeals. The procedure of the Zoning Board of Appeals and the conduct
of its members shall be in conformity with § 7-712 of the Village
Law and any amendments thereto.
