The purpose of this article is to establish
predictable and balanced regulations for the siting and screening
of personal wireless services antennas, towers and accessory structures
in order to accommodate the growth of such systems within the Village
while protecting the public against any adverse impacts on aesthetic
resources, avoiding potential damage to adjacent properties from tower
failure through structural standards and setback requirements, and
reducing the number of towers needed to serve the community by maximizing
the use of existing towers and buildings.
Unless otherwise expressly stated, the following
words shall, for the purposes of this article, have the meanings herein
indicated:
ACCESSORY STRUCTURES
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services (PWS). The term "accessory structures" does not
include offices, long-term storage of vehicles or other equipment
storage or broadcast studios.
ALTERATION
includes, but is not limited to:
[Added 10-10-2019 by L.L.
No. 12-2019]
A.
Any additional cabinets or other boxes containing telecommunications
equipment.
B.
Increasing the size of a previously approved cabinet or other
box containing telecommunications equipment by more than one foot
in height, one foot in width, or one foot in depth.
C.
Raising any telecommunications equipment by more than five feet.
D.
Installing any new telecommunications equipment that permits
the emission of radiofrequency radiation greater than previously approved.
E.
Increasing the radiofrequency radiation emitted from the wireless
facility.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
panels and microwave dishes and omnidirectional antennas, such as
whip antennas, as part of, or in conjunction with, a personal wireless
services system.
BOARD
The Board of Trustees of the Village of Kings Point.
COLLOCATION
As to small wireless facilities, means mounting or installing
an antenna for a small wireless facility on a preexisting structure;
and/or modifying an existing structure for the purpose of mounting
or installing an antenna for a small wireless facilities on that structure.
[Added 3-7-2019 by L.L.
No. 4-2019]
FACILITY
A structure that is used for the provision of personal wireless
service, whether such service is provided on a stand-alone basis or
commingled with other wireless communications services.
[Added 3-7-2019 by L.L.
No. 4-2019]
SMALL WIRELESS FACILITIES
Facilities that meet the following criteria:
[Added 3-7-2019 by L.L.
No. 4-2019]
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height, including
their antennas;
(2)
Are mounted on structures no more than 10% taller than other
adjacent structures; or
(3)
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.
B.
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume.
C.
The provisions in §§
161-83 and
161-84, shall not apply and there shall be no required minimum spacing between structures, however:
(1)
The spacing and location of the structures shall be such as
to minimize the aesthetic impact upon nearby residential dwellings,
taking into account property lines, driveways, topography, sight lines,
water views, and existing landscaping.
(2)
New small wireless facilities shall be placed on existing structures
with existing small wireless facilities to the extent feasible, so
long as the collocation does not have a material adverse aesthetic
impact on nearby residential dwellings from the multiplicity of facilities
and associated equipment.
(3)
If such new small wireless facilities are not to be placed on
existing structures with existing small wireless facilities, they
shall be placed on other existing structures to the extent feasible,
so long as the location does not have a material adverse aesthetic
impact on nearby residential dwellings.
D.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment of the structure, is no more than
28 cubic feet in volume.
E.
The facilities do not require antenna structure registration
pursuant to the rules adopted from time to time by the Federal Communications
Commission.
F.
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards adopted from
time to time by the Federal Communications Commission.
TOWER
Any ground- or roof-mounted pole, spire, structure or combination
thereof taller than 15 feet, including supporting lines, cables, wires,
braces and masts, built for the purpose of mounting an antenna, meteorological
device or similar apparatus above grade as part of, or in conjunction
with, a personal wireless services system.
WIRELESS FACILITY
Equipment and related enclosures to implement the emission
of radiofrequency radiation or other frequency or transmission signals.
[Added 10-10-2019 by L.L.
No. 12-2019]
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. 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 11-27-2007 by L.L. No. 8-2007]
In addition to the fees set forth in other provisions
of the Village Code, each owner and operator of an antenna and/or
a tower shall pay to the Village an annual fee as shall be established
from time to time by resolution of the Board of Trustees.
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.
[Amended 3-7-2019 by L.L.
No. 4-2019]
A. Non-small wireless facilities. The Board shall conduct a public hearing
within 62 days from the day a complete application is filed with the
Village Clerk with the appropriate application fee and deposit. The
Board shall issue a decision within 35 days after the conclusion of
the public hearing and the recommendations of the Nassau County Planning
Commission, whichever is the later to occur.
B. Small wireless facilities.
[Amended 10-10-2019 by L.L. No. 12-2019]
(1) The Board shall conduct a public hearing.
(2) Notice of the public hearing shall be published in the official newspaper of the Village and sent by the applicant, as set forth in Chapter
25 of this Code, to all property owners within 600 feet of the location of all proposed small wireless facilities.
[Amended 12-15-2021 by L.L. No. 1-2022]
(3) In the event that any new locations are subsequently proposed, the applicant shall send notice, as provided in Chapter
25 of this Code, to the property owners within 400 feet of the new location.
[Amended 12-15-2021 by L.L. No. 1-2022]
(4) The applicant shall provide a certification from a qualified engineer
that the wireless facility will not emit a radiofrequency radiation
or other frequency or transmission signal greater than approved by
the Federal Communications Commission.
(5) The applicant shall provide a current report from a qualified engineer
or other professional acceptable to the Village as to all adverse
health impacts from the proposed wireless facility.
(6) The applicant shall provide certificates of insurance in such forms
and amounts as are then currently required for building permits for
single-family dwellings within the Village, naming the Village of
Kings Point, its officers and employees as additional insureds.
(7) The Board shall use its best efforts and due diligence to review
an application to co-locate a small wireless facility using an existing
structure within 60 days of its receipt of a complete application.
(8) The Board shall use its best efforts and due diligence to review
an application to deploy a small wireless facility using a new structure
within 90 days of its receipt of a complete application.
(9) Not more than 30 days and not less than 10 days before each anniversary
of the issuance of the permit, the applicant shall provide a certified
current report from a qualified engineer or other professional acceptable
to the Village confirming that:
(a)
The wireless facility is not emitting a radiofrequency radiation
or other frequency or transmission signal greater than approved by
the Federal Communications Commission;
(b)
The wireless facility is not emitting a radiofrequency radiation
or other frequency or transmission signal different from that approved
by the Village; and
(c)
A current report as to all adverse health impacts from the wireless
facility and that the adverse health impacts are no greater than those
at the time the permit was issued.
(10)
In the event that the annual certified report set forth in Subsection
B(9) is not provided to the Village within 15 days of demand by certified mail, return receipt requested, to the last address given to the Village Clerk of the applicant or any subsequent operator of the wireless facility, the permit shall be terminated and the wireless facilities shall be removed within 30 days thereafter.
(11)
In the event that the wireless facilities are not removed within
said thirty-day period, the wireless facilities shall be deemed abandoned
and of no value, and the Village shall have the right to remove them
and dispose of them, and the applicant or last subsequent operator
shall reimburse the Village for any and all costs the Village incurred
for such removal and disposal.
The Board shall have the right to vary the provisions
of this article, to the extent reasonable or necessary, upon a showing
of sufficient evidence by qualified experts that an applicant cannot
feasibly provide the services for which it is licensed if it is compelled
to conform with all of the foregoing provisions of this article or
if it is shown that any of the foregoing provisions of this article
are not enforceable by the Village because of a federal or state preemption.