[Amended 3-24-2011 by L.L. No. 2-2011]
A. The Village of Port Washington North Board of Trustees finds herewith
that wireless communications facilities specified herein comprise
a rapidly growing segment of the telecommunication sector. The Village
of Port Washington North Board of Trustees hereby determines that
it is in the best interest of the residents of the Village to set
forth specific regulations establishing standards for the safe provision
of the wireless communication facilities specified herein, consistent
with applicable federal and state laws, statutes rules and regulations.
B. The Village of Port Washington North Board of Trustees fully recognizes
and adopts Section 704 of the Telecommunications Act signed into law
February 8, 1996, such section defining personal wireless services
and personal wireless service facilities and preserving local zoning
authority over decisions regarding the placement, construction, and
modification of wireless communication service facilities except for
five limitations, including that:
(1)
A local government shall not unreasonably discriminate among
providers of functionally equivalent services; and
(2)
A local government shall not prohibit or have the effect of
prohibiting the provision of personal wireless services; and
(3)
A local government shall not prohibit or have any request for
authorization to place, construct or modify personal wireless services
facilities within a reasonable period of time after the request is
filed; and
(4)
A local government shall put any decision to deny a PWSF into
writing and support such decision by substantial evidence contained
in a written record; and
(5)
A local government shall not regulate personal wireless service
facilities on the basis of the environmental effects of radio frequency
emission to the extent that such facilities comply with the Federal
Communications Commission Guidelines for Evaluating the Environmental
Effects of Radiofrequency Radiation (FCC Guidelines).
C. The Village of Port Washington North Board of Trustees hereby determines
that the following set-forth standards are in the best interests of
the residents of the Village of Port Washington North and fully comply
with the Federal Telecommunications act of 1996.
(1)
Protect the health, safety and welfare of the residents of the
Village.
(2)
Protect natural features, aesthetics and residential character
of the neighborhoods within the Village and the efficient and orderly
development of land uses from potential adverse impacts.
(3)
Promote and encourage the location of these devices in nonresidential
areas of the Village.
(4)
Minimize the total number of such devices constructed throughout
the Village within functional limits.
(5)
Promote and encourage joint use of such new and existing devices
and discourage the erection of such devices for single users.
(6)
Promote and encourage location of such devices, to the extent
possible, in areas where adverse impacts on the surrounding neighborhoods
is minimized.
(7)
Promote and encourage configuration of such devices in a manner
that minimizes adverse visual impacts through careful design, siting,
landscaping, screening and innovative camouflaging techniques.
(8)
Promote the ability to providers of services related to such
devices to supply such services as effectively though adequate engineering
and siting requirements.
(9)
Prohibit potential damage to adjacent and/or nearby properties
from collapse or failure of such devices through adequate engineering
and siting requirements.
(10)
Regulate all wireless communication facilities fairly and non-discriminataorityamong
and between the various companies engaged in constructing and/or operating
wireless communication facilities within the boundaries of the Village
of Port Washington North.
[Amended 3-24-2011 by L.L. No. 2-2011]
Unless otherwise stated in the section where the term is used
herein, the meanings of terms used in this chapter shall be as stated
below:
ACCESSORY FACILITY
Includes any building or other structure which is accessory
to the principal use, being subordinate in size, area, extent and
purpose to the principal use, and located on the same lot as the principal
use.
COLLOCATION
The use of any communication, transmission and/or reception
antennas and/or towers, radio television and/or telecommunications
beacons to carry two or more antennas by two or more service providers.
CONCEAL
To enclose a personal wireless service facility within a
natural or man-made feature resulting in the facility being either
invisible or made part of the feature enhancing it.
DESIGN
The appearance of a personal wireless service facility such
as its materials, colors and shape.
DEVICES
Includes wireless communication facilities, tower, monopole,
antenna, beacon, and accessory facility as defined herein.
DISGUISE
To design a personal wireless service facility to appear
to be something other than a personal wireless service facility.
FALL ZONE
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there might be a potential hazard from falling debris
in collapsing material.
HEIGHT
The distance measured from the finished mean grade of the
parcel to the highest point on the tower or other structure, including
the base pad and any antenna.
MITIGATION
The reduction or limitation of visual impacts by the use
of one or more methods:
TOWER, MONOPOLE
Includes any structure designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers, radio and television
transmissions and reception towers, microwave towers, common-carrier
towers, cellular telephone towers, alternate tower structures and
similar structures, inclusive of the structure and any support systems
appurtenant thereto.
WIRELESS COMMUNICATION FACILITY
Includes transmission and/or reception antennas and/or towers,
monopoles, boxes, radio, television, and/or telecommunications beacons,
and radio or television stations, including accessory facilities and
structures and any device not otherwise defined herein the purpose
of which is to facilitate the wireless transmission of voice, data,
images or other forms of wireless communications.
All towers erected, constructed, or located
within the Village shall comply with the following requirements:
A. A proposal for a tower shall not be approved unless
the Board finds that the antenna planned for the proposed tower cannot
be accommodated on an existing or approved tower or building within
a one-mile search radius of the proposed tower due to one or more
of the following reasons:
(1)
The antenna would exceed the structural capacity
of the existing or approved tower or building, as documented by a
qualified professional engineer, and the existing or approved tower
cannot be reinforced, modified, or replaced to accommodate the planned
or equivalent antenna at a reasonable cost.
(2)
The antenna would cause interference materially
impacting the usability of other existing or planned antenna at the
tower or building as documented by a qualified professional engineer
and the interference cannot be prevented at a reasonable cost.
(3)
Existing or approved towers and buildings within
the search radius cannot accommodate the antenna at a height necessary
to function reasonably as documented by a qualified professional engineer.
(4)
Other foreseen reasons that make it unfeasible
to locate the antenna upon an existing or approved tower or building.
B. Any proposed tower shall be designed, structurally,
electrically, and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least five additional users.
Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying heights.
C. The applicant shall submit to the Board a letter of
intent committing the applicant, and its successors in interest, to
negotiate in good faith for shared use of the proposed tower by other
PWS providers in the future. The issuance of a permit (assuming the
tower is approved according to this article), shall commit the new
tower owner and its successors in interest to:
(1)
Respond in a timely comprehensive manner to
a request for information from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the new tower by other PWS providers.
(3)
Allow shared use of the new tower if another
PWS provider agrees in writing to pay charges.
(4)
Make no more than a reasonable charge for shared
use, based on generally accepted accounting principles. The charge
may include, but is not limited to, a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, Village fees, construction and maintenance financing, return
on equity, and depreciation, and all of the costs of adapting the
tower or equipment to accommodate a shared user without causing electromagnetic
interference.
D. In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall
structure or existing tower in a neighboring municipality be considered
for shared use, an applicant shall submit to the Board an affidavit
that it has sent by registered or certified mail, return receipt requested,
at least fifteen days prior to the public hearing a notification to
all of the village clerks of each village, the fire departments and
the water authorities within two miles of the proposed location of
the tower. Such notification shall include the exact location of the
proposed tower, and a general description of the project including,
but not limited to the height of the tower and its capacity for future
shared use.
The operator of every PWS antenna shall submit
to the Village Clerk copies of all licenses and permits required by
other agencies and governments with jurisdiction over the design,
construction, location and operation of such antenna and shall maintain
such licenses and permits and provide evidence of renewal or extension
thereof when granted. Upon the failure to do so after 30 days' notice,
in the discretion of the Board, unless good cause for such failure
is shown, shall result in the termination of the special exception
permit.
No permit granted under this article for any
antenna or tower, or accessory structure, shall be assigned or transferred
without the prior approval of the Board.
All permits granted under this article shall
be subject to review by the Board at ten-year intervals, to determine
whether the technology in the provision of PWS has changed such that
the necessity for the permit at the time of its approval has been
eliminated or modified, and whether the permit should be modified
or terminated as a result of any such change.
[Amended 3-24-2011 by L.L. No. 2-2011]
In addition to the fees set forth in other provisions
of the Village Code:
A. Applicants shall be required to pay an application
fee of $2,500 for each location on which a personal wireless service
facility is proposed to be located and shall also be responsible for
payment of expenses as provided in the Village Code.
B. Each owner and operator of a tower shall pay to the
Village an annual fee of $2,500 for each tower and $2,500 for each
antenna on such tower.
C. Each owner and operator of an antenna or other structure for a personal
wireless service facility not on a tower shall pay to the Village
an annual fee of $2,500 for such facility.
Antennas and towers in existence which do not
conform to or comply with this article are subject to the following
provisions:
A. Antennas and towers may continue in use for the purpose
now used and as now existing but may not be replaced or structurally
altered without complying in all respects with this article.
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 article; provided, however,
that if the cost of repairing the tower to the former use, physical
dimensions, and location would be 20% 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 article.
[Added 3-24-2011 by L.L. No. 2-2011]
A. No application for such a special exception permit shall be granted
unless the applicant demonstrates to the reasonable satisfaction of
the Village Board of Trustees that no existing use, structure or alternative
technology not requiring construction can accommodate the applicant's
proposed use.
B. An applicant shall submit any information requested by the Village
Board of Trustees relating thereto. Such evidence may consist of any
or all of the following:
(1)
That no suitable existing uses or structures are located within
the geographic areas which meet the applicant's engineering requirements.
(2)
That alternative technologies not requiring the use of towers
or structures, such as a cable micro cell network using multiple low-powered
transmitters/receivers attached to a wire line system is unusable.
Costs of alternative technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
(3)
Each application for a personal wireless service facility shall
also contain two alternatives that differ from the personal wireless
service facility proposed in the application. The alternatives need
not be totally different from the proposed one; however, the alternatives
should contain differences, such as height, location, zoning district
and design.
[Added 3-24-2011 by L.L. No. 2-2011]
If any clause, sentence, paragraph, subdivision, section or
other part of this article shall for any reason be adjudged by any
court of competent jurisdiction to be unconstitutional or otherwise
invalidated, such judgment shall not affect, impair or invalidate
the remainder of this article, and it shall be construed to have been
the legislative intent to enact this article without such unconstitutional,
or invalid parts therein.
[Added 3-24-2011 by L.L. No. 2-2011]
This article shall take effect immediately upon filing in the
Office of the Secretary of State.