The Board of Trustees of the Village of Lattingtown
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 Lattingtown to the extent reasonably
permitted under federal and state laws and rules and regulations.
This article sections will ensure that all wireless telecommunications
facilities and equipment be sited, designed, built and utilized in
accordance with sound land 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 permitted by law, the siting, location, construction
and maintenance of wireless telecommunications 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 telecommunications
services facilities and to protect the natural features, aesthetics
and open space character of the Village by careful siting, design,
buffering and screening of wireless telecommunications 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 telecommunications services
facilities.
D. Limit the total number of wireless telecommunications
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
collocation and multiple use of facilities to the extent reasonably
permissible.
As used in this article, the following terms
shall be defined as follows:
ADEQUATE COVERAGE
Coverage for personal wireless services facilities is considered
to be adequate within that area when a transmitted signal is capable
of being sent or received. It is acceptable for there to be holes
within the intended coverage area.
MONOPOLE
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunications services
facility. For purposes of this article, the term "monopole" shall
include, in addition to the pole, all other components of the wireless
telecommunications services facilities.
NIER
Non-ionizing electromagnetic radiation.
REPEATER
A small, supplementary and accessory bidirectional 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.
SECONDARY WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
A small wireless telecommunications 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.
TOWER
A guy-wired or self-supporting tower constructed as a freestanding
structure comprising a part of a wireless telecommunications services
facility. For purposes of this article, the term "tower" shall include,
in addition to the tower, all other components of the wireless telecommunications
services facility.
WIRELESS TELECOMMUNICATIONS SERVICES
The provision of wireless telecommunications 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. § 332(c)(7)(C), or as hereafter amended.
With the exception of communications for the Village of Lattingtown
and local police, fire, ambulance and other municipal emergency service,
the term "wireless telecommunications services" shall specifically
exclude all other services not included in the FCC definition of "personal
wireless services."
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
Any and all equipment and structures used in connection with
the commercial operation of wireless telecommunications 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 telecommunications services
facilities, repeaters, and such other equipment, appurtenances and
structures relating thereto.
Except as provided hereinafter, no wireless
telecommunications services facility shall be sited, located, constructed
or maintained on any lot, building, structure or land area in the
Village, except in conformity with the requirements of this article,
the applicable requirements of this chapter and all other rules and
regulations governing wireless telecommunications services and facilities.
Wireless telecommunications 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 telecommunications 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. Village-owned property used for municipal purposes.
C. Properties having in excess of 12 acres in area and
which property location minimizes the economic and aesthetic impacts
upon adjoining residential properties while providing adequate coverage
to the Village.
D. Location sites not meeting with the above priority
criteria shall only be considered by the Board of Zoning 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 Lattingtown, the property value of the community, and the safety
and welfare of its citizens, to the maximum extent practicable.
The shared use of the wireless telecommunications
services facility shall be strongly encouraged. The wireless telecommunications
services facility and site shall be required to be of proper size,
location and design to accommodate the collocation of all other licensed
wireless telecommunications 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 Zoning Appeals.
The type and design of freestanding wireless
telecommunications services facilities shall be disguised to minimize
its visibility and impact to the satisfaction of the Zoning Board
of Appeals. Wireless telecommunications services facilities which
require the use of guy wires are prohibited.
The wireless telecommunications services facility
shall not be artificially lighted unless otherwise required by the
Federal Aviation Administration (FAA).
Noise-producing equipment shall be sited and/or
insulated to eliminate any increase in noise above ambient levels
as measured at the property line.
All utility device lines extended to the wireless
telecommunications services facility site shall be installed underground.
A wireless telecommunications 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 security program shall be formulated and implemented
for the site of a wireless telecommunications services facility. Such
program shall include physical features such as fencing, anticlimbing
devices or elevating ladders on monopoles or other approved structures
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism as required by the Board of Zoning
Appeals.
An approved wireless telecommunications services facility shall be inspected at the expense of the service provider in accordance with Chapter
145, Fees and Deposits, of the Code of the Village of Lattingtown 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.
An emergency action plan shall be formulated
and implemented for the site of a wireless telecommunications services
facility, to the satisfaction of the Board of Zoning Appeals and local
emergency services to the Village. 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 Zoning Appeals
and the local providers of emergency services to the Village of Lattingtown.
No wireless transmission 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 Zoning Appeals for a special use permit pursuant to this
article and the provisions of this chapter and, thereafter, approved
by the Board of Zoning Appeals. The applicant shall comply with all
procedural rules and regulations as set forth in the rules and regulations
adopted by the Board of Trustees and as hereinafter amended after
public hearing and those rules of procedures adopted by the Board
of Zoning Appeals for the hearing of a special use permit.
The applicant is responsible for the payment
to the Village of a $5,000 fee for each application for a single wireless
telecommunications services facility, and an additional $5,000 for
each collocated wireless transmission services facility for each site
requested in the application.
All decisions of the Board of Zoning Appeals
involving applications for wireless telecommunications 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.
In order to further the purposes of this article,
the Board of Zoning Appeals may, upon just cause shown, waive or modify
any of the special permit standards and criteria contained herein.
For telecommunications services facilities that are known to be presently
existing within the Village on a New York State right-of-way, the
Board of Zoning Appeals may waive or modify the special permit standards
and criteria contained therein as it deems necessary and appropriate.