[Added 1-20-2000 by L.L. No. 1-2000]
The Board of Trustees of the Village of Muttontown
determines that it is in the best interest of its residents to establish
regulations and standards for the siting and installation of all wireless
equipment, including towers, monopoles, pole-mounted and building-attached
equipment and other related devices and equipment. These regulations
and standards are adopted in order to promote the safety and welfare
of the residents of the Village of Muttontown to the extent reasonably
permitted under federal and state laws and rules and regulations.
This article will ensure that all wireless telecommunication facilities
and equipment be sited, designed, built and utilized in accordance
with sound use planning that will preserve and protect the aesthetic
qualities of the Village and promote and protect the safety and welfare
of its residents.
The purpose of this article is to regulate,
to the fullest extent reasonably permitted by law, the siting, location,
construction and maintenance of wireless telecommunication services
facilities in the Village in order to:
A.
Promote the safety and welfare of the residents of
the Village and surrounding communities.
B.
Minimize the adverse visual effects of wireless telecommunication
services facilities and protect the natural features, aesthetics and
open space character of the Village by careful siting, design, buffering
and screening of wireless telecommunication services facilities.
C.
Avoid potential dangers to the community, adjacent
properties and the site from structural dangers pertaining to the
construction and maintenance of wireless telecommunication services
facilities.
D.
Limit the total number of wireless telecommunication
services facilities to be constructed in the Village to the minimum
number of facilities necessary to provide adequate coverage to the
Village.
E.
Maximize the use of any proposed site by reducing
the number of facilities to be constructed on the site and encourage
co-location and multiple use of facilities to the extent reasonably
permissible.
F.
Encourage the priority siting of wireless telecommunication
services facilities on properties in the following order and location:
large acreage lots, the Economic Development District, Village-owned
property and lots exceeding 12 acres in the Residential Districts
E-3 and E-5.
As used in this article, the following terms
shall be defined as follows:
Coverage for personal wireless services facilities is considered
to be adequate within that area when the transmitted signal is capable
of being sent or received. It is acceptable for there to be holes
within the intended coverage area.
An area within the Village of Muttontown where there is not
adequate coverage.
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunication services
facility. For purposes of this article, the term "monopole" shall
include, in addition to the pole, all other components of the wireless
telecommunication services facilities.
Non-ionizing electromagnetic radiation.
A small, supplementary and accessory bi-directional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for primary base stations which may be
attached to a structure or pole.
A small wireless telecommunication services facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage.
Such facility shall be limited in height and transmission power to
the minimum necessary to achieve adequate coverage in the area where
there is a failure of coverage.
A guide wired or self-supporting tower constructed as a freestanding
structure comprising a part of a wireless telecommunication services
facility. For purposes of this article, the term "tower" shall include,
in addition to the tower, all other components of the wireless telecommunication
services facility.
The provision of wireless telecommunication services, including
those more commonly referred to as cellular telephones, which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless services" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 322(c)(7)(C), or as hereafter amended.
With the exception of communications for the Village of Muttontown\
and local police, fire, ambulance and other municipal emergency service,
the term "wireless telecommunication services" shall specifically
exclude all other services not included in the FCC definition of "personal
wireless services."
Any and all equipment and structures used in connection with
the commercial operation of wireless telecommunication services, as
defined herein, and as the term "personal wireless services facilities"
is defined in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, secondary wireless telecommunication services
facilities, repeaters and such other equipment, appurtenances and
structures relating thereto.
Except as provided hereinafter, no wireless
telecommunication services facility shall be sited, located, constructed
or maintained on any lot, building, structure or land area in the
Village of Muttontown, except in conformity with the requirements
of this article, the applicable requirements of this chapter and all
other rules and regulations governing wireless telecommunication services
and facilities.
Wireless telecommunication services facilities
shall be located on properties meeting the below criteria in the noted
order of priority. The applicant shall evaluate and demonstrate the
feasibility of all available high priority locations meeting the criteria
before considering a lower priority location:
A.
Private or public properties exceeding 100 acres in
area where one wireless telecommunication services facility site can
provide at least adequate coverage to the Village and which avoids
and minimizes impacts upon adjoining residential properties by providing
a separation of 1,000 feet or more from all property boundaries and/or
residences.
B.
Properties or structures in the Economic Development
District.
C.
Village-owned property used for municipal purposes.
D.
Properties having in excess of 12 acres in area within
the Village's E-3 and E-5 Zoning Districts and which property location
minimizes the economic and aesthetic impacts upon adjoining residential
properties while providing adequate coverage to the Village.
E.
Location sites not meeting with the above priority
criteria shall only be considered by the Zoning Board of Appeals when
the applicant demonstrates to the Board's satisfaction that a priority
site is not available and that the alternate site protects and preserves
the aesthetic qualities, open space characteristic of the Village
of Muttontown, the property value of the community and the safety
and welfare of its citizens, to the maximum extent practicable.
[Amended 10-10-2006 by L.L. No. 2-2006]
The shared use of the wireless telecommunication services facility
shall be strongly encouraged. The wireless telecommunication services
facility and site shall be required to be of proper size, location
and design to accommodate the co-location of all other licensed wireless
telecommunication service providers' facilities and the communications
equipment of all local emergency services, as necessary to provide
adequate coverage of the entire Village, unless otherwise approved
by the Board of Trustees.
[Amended 10-14-2008 by L.L. No. 1-2008]
It shall be a priority of the Village to maximize the separation
between wireless telecommunication services facilities and residences
and residential properties. Unless otherwise modified by the Board
of Trustees in an effort to accommodate co-location or other purposes
of this article, a freestanding wireless telecommunication services
facility shall be located from the property line and all dwelling
units not less than:
A.
The height of the facility plus two times the applicable setback
for principal structures for the district in which the property is
located; and
B.
Such additional setbacks as shall be determined by the Board of Trustees
in order that the proposed facility will not create damage or injury
from a structural failure of a wireless telecommunication services
facility.
[Amended 10-10-2006 by L.L. No. 2-2006]
The type and design of freestanding wireless telecommunication
services facilities shall be disguised to minimize its visibility
and impact to the satisfaction of the Board of Trustees. Wireless
telecommunication services facilities which require the use of guy
wires are prohibited.
A.
Notwithstanding any provision to the contrary in this
chapter, the following maximum height limitation for wireless telecommunication
services facilities shall apply, but under no circumstances shall
the height exceed the minimum height reasonably necessary to accomplish
the purpose it is proposed to serve.
B.
The height of any monopole or other freestanding structure
utilized in a wireless telecommunication services facility shall not
exceed 150 feet, measured from the highest point of such facility
to the original grade elevation of the ground immediately adjacent
to the structure.
[Amended 10-10-2006 by L.L. No. 2-2006]
A.
The applicant shall prepare a visual impact assessment of the proposed
wireless telecommunication services facility based upon appropriate
modeling, photography and other pertinent analytical techniques as
required by the Board of Trustees, including, but not limited to,
a map identifying the zone of visibility.
B.
Landscaping and/or other screening and mitigation, including, but
not limited to, architectural treatment, and alternative construction,
structural and transmission technologies such as antennas attached
to or disguised as trees or other features or camouflaging techniques,
shall be required to minimize the visual impact of such facility from
public thoroughfares, important viewsheds and vantage points and surrounding
properties to the extent practicable all as determined by the Board
of Trustees.
C.
No signs other than as approved by the Board of Trustees for security
or safety purposes shall be erected on any wireless telecommunication
services facility.
D.
All ground-based equipment and structures shall be located underground.
The wireless telecommunication services facility
shall not be artificially lighted unless otherwise required by the
Federal Aviation Administration (FAA).
[Amended 10-10-2006 by L.L. No. 2-2006]
A.
Unless otherwise superseded by the Federal Communications Commission
(FCC), the design and use of the proposed wireless telecommunication
services facility, including its cumulative impact with other existing
and approved facilities, shall be certified to conform to the maximum
NIER exposure standards promulgated by the FCC, as amended. Said certification
shall include a report prepared in accordance with FCC Office of Engineering
and Technology Bulletin 65, as amended.
B.
The Board of Trustees shall require annual certification of conformance
with the applicable emissions standards and the requirements and conditions
of approval.
C.
Certification shall also be required prior to any modification of
the wireless telecommunication services facility, at any time the
Building Inspector suspects such modification has been made or upon
modification of the FCC standards.
D.
The Board of Trustees shall hire a qualified professional of its
choice to review and confirm such initial and annual certification
report, the cost of which shall be reimbursed by the applicant.
E.
Any violation of the emissions standards shall require immediate
discontinuation and correction of the use responsible for the violation.
Any such violation of these requirements of this chapter or the conditions
of the special permit approval shall be deemed to be an offense punishable
by fine and/or imprisonment in accordance with this chapter.
Noise-producing equipment shall be sited and/or
insulated to minimize, to the maximum extent practicable, any increase
in noise above ambient levels as measured at the property line.
All utility device lines extended to the wireless
telecommunication services facility site shall be installed underground.
A wireless telecommunication services facility
shall be designed and erected so that in the event of structural failure
it will fall within the required setback area and, to the maximum
extent possible, away from adjacent development. No new structure
shall be permitted which would be classified by the FAA regulations
as an obstruction or hazard.
A.
The owner and applicant shall indemnify, defend, protect
and hold harmless the Village, its Board members, officers, employees
and agents from and against any and all claims, demands, losses, damages,
liabilities, fines, charges, penalties, administrative and judicial
proceedings and orders, judgments, remedial actions of any kind, all
costs and cleanup actions of any kind and all costs and expenses incurred
in connection therewith, including reasonable attorney's fees and
the costs of defense, directly or proximately resulting from activities
undertaken pursuant to the use and operation of any approved wireless
telecommunication services facility.
B.
The owner and applicant shall obtain and maintain
at all times insurance of an appropriate type and amount from an insurer
licensed and authorized in the State of New York meeting the requirement
of the Zoning Board of Appeals, the Village Board of Trustees and
the Village Attorney.
[Amended 10-10-2006 by L.L. No. 2-2006]
A security program shall be formulated and implemented for the
site of a wireless telecommunication services facility. Such program
shall include physical features such as fencing, anti-climbing devices
or elevating ladders on monopoles or other approved structure and/or
monitoring either by staff or electronic devices to prevent unauthorized
access and vandalism as required by the Board of Trustees.
An approved wireless telecommunication services facility shall be inspected at the expense of the service provider in accordance with Chapter 67, Fees and Deposits, adopted by the Village by a licensed professional engineer every five years or at any time upon a determination by the Building Inspector that an approved structure may have sustained structural damage or is in violation of the conditions of approval. A copy of the inspection report shall be submitted to the Building Inspector.
[Amended 10-10-2006 by L.L. No. 2-2006]
An emergency action plan shall be formulated and implemented
for the site of a wireless telecommunication services facility, to
the satisfaction of the Board of Trustees and local emergency services
to the Village of Muttontown. Such plan shall include identification
of all appropriate features and considerations of each facility, appropriate
training of local police, fire and ambulance service providers and
appropriate provisions for notification of the public in the event
of an emergency, to the satisfaction of the Board of Trustees and
the local providers of emergency services to the Village of Muttontown.
[Amended 10-10-2006 by L.L. No. 2-2006]
In the case of an application for approval of a wireless telecommunication
services facility to be located on lands owned by a party other than
the applicant or the Village, a copy of the lease agreement with the
property owner, together with any subsequent modifications thereof,
shall be provided to the Board of Trustees and a copy shall be filed
with the Village Clerk.
A.
The Board of Trustees, at its discretion and in cooperation with
the involved parties, shall allow certain proprietary information
contained in such lease which is unrelated to the requirements of
this article or the conditions of the approvals for said facility
to be omitted or kept confidential.
B.
The Board of Trustees shall not approve the application unless it
finds that the lease agreement is in conformance with and properly
reflects the purposes and requirements of this article and the conditions
of approval.
[Amended 10-10-2006 by L.L. No. 2-2006]
A.
A wireless telecommunication services facility, or any portion thereof,
including any portion of the antenna, shall be dismantled and removed
from the property on which it is located when it has been inoperative
or abandoned for a period of 180 days from the date on which it ceased
operation or no longer has a valid approval, permit or license or
is otherwise no longer necessary for the provision of adequate coverage
and adequate capacity in the Village of Muttontown.
B.
The applicant shall provide to the Village written notification of
the date the use of the facility was discontinued or abandoned or
no longer has a valid approval, permit or license or is otherwise
no longer necessary for the provision of adequate coverage and adequate
capacity in the Village of Muttontown by one or more of the service
providers. The applicant will also acknowledge in this notification
the requirement to remove the facility and set forth the plans for
its removal.
C.
The owner and/or applicant shall provide to the satisfaction of the
Village of Muttontown a written agreement suitable for filing with
the Nassau County Clerk to ensure the dismantling, removal and restoration
of an abandoned wireless telecommunication services facility or portion
thereof. Compliance with the requirements of removal as set forth
herein shall be secured by a bond or cash deposit posted by the applicant
in an amount and for a duration determined to be adequate by the Board
of Trustees.
D.
In the event that such facility or portion thereof is not completely
removed from the property within the required time, the Village shall
be authorized to cause such removal and be reimbursed for all expenses
incurred, including reasonable attorneys' fees from said bond.
[Amended 10-10-2006 by L.L. No. 2-2006]
No wireless telecommunication services facility shall be sited,
erected, constructed and maintained or permitted or allowed to be
sited, erected, constructed and maintained within the Village unless
and until a written application shall have been made to the Board
of Trustees for a special use permit pursuant to this article and
the provisions of this chapter and thereafter approved by the Board
of Trustees. The applicant shall comply with all procedural rules
and regulations as set forth in the rules and regulations adopted
by the Board of Trustees for the hearing of a special use permit.
The applicant is responsible for the payment
to the Village of a permit fee of $5,000 for each application for
a single wireless telecommunication services facility and an additional
$5,000 for each co-located licensed wireless telecommunication services
provider for each site requested in the application.
[Amended 10-10-2006 by L.L. No. 2-2006]
In addition to the required filing fees of § 190-76, the applicant shall be liable for, and shall pay, the actual and necessary charges which have been incurred by the Village in connection with the application, and an initial hearing deposit of $7,500 must accompany the filing fee.
B.
Each applicant shall pay the application fees and hearing charges
required above prior to the hearing and meeting for which the fees
are required and the charges are incurred to the extent that the latter
are then determined. To the extent that hearing charges are subsequently
determined to exceed the funds on hand, the applicant shall pay the
same prior to the next stage (after such charges are determined) in
connection with the application, or approval, including the filing
of a final decision.
C.
No hearing shall be held and no consideration shall be given by the
Board of Trustees on any application unless all required fees and
charges, to the extent that the latter are then determined, shall
have been paid.
[Amended 10-10-2006 by L.L. No. 2-2006]
All decisions of the Board of Trustees involving applications
for wireless telecommunication services shall be in writing and filed
within 62 days of the close of the public hearing and filing of required
information and documentation requested.
[Amended 10-10-2006 by L.L. No. 2-2006]
In order to further the purposes of this article, the Board
of Trustees may, upon just cause shown, waive or modify any of the
special permit standards and criteria contained herein. For telecommunication
services facilities that are known to be presently existing within
the Village on a New York State right-of-way, the Board of Trustees
may waive or modify the special permit standards and criteria contained
herein as it deems necessary and appropriate.
