[Added 10-17-2002 by L.L. No. 9-2002]
A.
The purposes of this article are to:
(1)
Establish standards for the siting of wireless
and attached wireless telecommunications facilities consistent with
the Telecommunications Act of 1996.
(2)
Promote the health, safety and general welfare
of the residents of the Town, through the establishment of minimum
standards to reduce the adverse visual and community character effects
of wireless and attached wireless telecommunications facilities.
(3)
Minimize the total number of wireless and attached
wireless telecommunications facilities throughout the Town in order
to preserve the Town's natural resources and scenic beauty,
(4)
Protect residential areas, land uses and property
values from potential adverse impacts of wireless and attached wireless
telecommunications facilities.
(5)
Encourage the location of wireless and attached
wireless telecommunications facilities and antennas to the extent
possible, in areas resulting in the least adverse impact on the neighborhood
and Town.
(6)
Promote the appropriate use of existing buildings,
structures, towers, and alternative host sites to minimize the intrusion
of wireless and attached wireless telecommunications facilities.
(7)
Safeguard against potential damage and injury
to persons and property associated with the collapse, debris and ice
fall from wireless and attached wireless telecommunications facilities.
(8)
Require and promote the design and configuration
of wireless and attached wireless telecommunications facilities to
minimize their adverse impact on the neighborhood and Town through
the reasonable use of the best available technology, stealth technology
and camouflage techniques.
(9)
Require that wireless and attached wireless
telecommunications facilities be suitably screened, buffered and adequately
separated from residential uses.
(10)
Safeguard against the potential for blight from
the location of an excessive number of wireless or attached wireless
telecommunications facilities at the same site.
(11)
Ensure that wireless or attached wireless telecommunications
facilities are maintained in a safe condition in good order and repair
and to require a periodic safety and maintenance reports.
(12)
Enable the providers of telecommunications services
to provide such services to the community, in an effective manner,
consistent with the purposes enumerated above.
B.
The classification of wireless and attached wireless
telecommunications facilities as a special permit use under this article
is made in recognition of the Telecommunications Act of 1996. No presumption
should be made or derived from that classification that the Town has
found that the use is harmonious generally with its zoning plan or
that such use will not adversely impact neighborhood or community
character.
[Amended 12-9-2010 by L.L. No. 8-2010]
A.
ANTENNA ARRAY
APPROVING AUTHORITY
ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY
BEST AVAILABLE TECHNOLOGY
CO-LOCATION
DISTANCE REQUIREMENT
EQUIPMENT FACILITY
FCC
LINK BUDGET
RADIO FREQUENCY OR RF DRIVE TEST
RESPONSIBLE PARTY OR PARTIES
SETBACK
SUPPORT STRUCTURE
WIRELESS TELECOMMUNICATIONS
WIRELESS TELECOMMUNICATIONS FACILITY
As used in this article, the following terms shall have the following
meanings unless the context shall otherwise require:
One or more rods, panels, discs, or similar devices used
for the transmission and/or reception of radio frequency signals,
which may include omnidirectional antennas (whip), directional antennas
(panel) and parabolic antennas (dish).
When a wireless or attached wireless telecommunications facility
is permitted by special use permit, the approving authority for the
special permit authority shall be the Somers Planning Board.
An antenna array that is attached to or substantially enclosed
within a building or structure (attachment structure), the primary
use of which is not for wireless telecommunications, with any accompanying
pole or device (attachment device) which attaches the antenna array
to the building or structure; connection cables; and an equipment
facility which may be located either inside or outside of the attachment
structure.
The latest stage of development of processes, facilities
and methods of operation practically suitable for the intended purpose
to reduce the impact of a wireless or attached wireless telecommunications
facility on an immediate neighborhood and the Town, including, but
not limited to, camouflage techniques and stealth technology. It is
anticipated that the processes, facilities and methods will change
with time in light of technological advances and improvements in scientific
knowledge and understanding. Economic considerations shall be included
in assessing practical suitability, but shall not be the sole or overriding
consideration, in the absence of extraordinary circumstances shown.
The mounting of equipment for wireless telecommunications
on a support structure, building, or other existing structure by two
or more wireless license holders or by one wireless license holder
or by one wireless license holder for more than one type of communications
technology.
The horizontal distance from the base of a support structure.
Any structure, including but not limited to cabinets, shelters,
a buildout of an existing structure, and pedestals, used to contain
ancillary equipment as part of a wireless telecommunications facility
or attached wireless telecommunications facility.
The Federal Communications Commission or any successor agency.
The tabulation of all communications system gains, losses
and wireless signal effects due to propagation. The purpose of a link
budget is to enable a judgment to be made whether sufficient signal
strength will exist to permit reliable wireless telecommunications
service throughout a proposed cell.
The process of erecting a temporary transmit antenna for
the purpose of measuring path loss from a proposed base transceiver
station or otherwise measuring the actual system performance, including
the use of a temporary transmitter to provide a test signal to the
elevated antenna while a vehicle equipped with measurement instruments
is driven on roadways to collect samples of average signal strength
at numerous locations in all areas of target coverage. Data is gathered
for existing coverage and for each incremental height of the test
antenna.
The owner of the property on which a wireless or attached
wireless telecommunications facility is located, the owner or lessee
of a wireless or attached wireless telecommunications facility; any
provider of a wireless telecommunications using a wireless or attached
wireless telecommunications facility.
The shortest horizontal distance from a lot line to the part
of a support structure or an equipment facility which is nearest to
such lot line.
Any structure designed and constructed to support an antenna
array, including self-supporting lattice towers, guy-wire support
towers, or monopole towers.
Any personal wireless service as defined in the Federal Telecommunications
Act of 1996, which includes Federal Communications Commission (FCC)
licensed commercial wireless telecommunications services, including
cellular, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging, and
similar services that currently exist or that may in the future be
developed.
An unstaffed facility for the transmission and/or reception
of wireless telecommunications services, consisting of an antenna
array, connection cables, an equipment facility, and a support structure
to achieve the necessary elevation, the primary use of which is for
a wireless telecommunications facility.
A.
This article shall apply to all wireless and attached
wireless telecommunications facilities located, proposed to be located,
in use or operation, or constructed in the Town of Somers, except
that this article shall not apply to:
(1)
A communications facility used solely and exclusively
for police communication, fire communication, private radio, private
television reception, private citizen's band, private amateur Ham
radio and other similar private, residential communications systems,
serving users on an individual property, provided that such system
is not located on and does not contain a wireless or attached wireless
telecommunications facility used or designed for a commercial purpose;
or
(2)
A wireless or attached wireless telecommunications
facility proposed to be located on the property of a governmental
agency, which facility has been found not to be subject to the zoning
and planning jurisdiction of the Town or for which a resolution has
been adopted by the Town Board to the extent of waiving special permit
and site plan review and approval, upon a determination that it is
in the overall best interests of the Town to do so.
B.
Pending applications to construct a wireless or attached
wireless telecommunications facility before any board of the Town
at the time of enactment of this article shall continue to be processed
to minimize delay and undue expense to the applicant, to the extent
practicable, but shall be subject to the provisions of this article
and shall be decided under this article. Applicants shall submit any
additional information required by this article. Information already
on file shall be used to the extent applicable to satisfy submission
requirements under this article.
A.
No wireless or attached wireless telecommunications
facility shall be placed, constructed, or used or operated in the
Town without compliance with the provisions of this article. No wireless
or attached wireless telecommunications facility in the Town may be
modified, moved, reconstructed, expanded, changed or structurally
altered without compliance with the provisions of this article.
B.
A wireless or attached wireless telecommunications
facility which existed prior to the enactment of this article shall
not require a special permit or site plan approval to be maintained,
used or operated, but will require a special permit and be subject
to site plan review and approval if modified, moved, reconstructed,
expanded, changed, or structurally altered.
C.
Without limiting the generality of the foregoing,
the addition of a new antenna array or equipment facility to a wireless
or attached wireless telecommunications facility shall be a change
requiring compliance with this article.
A.
General. The requirements of this section shall apply to each and every wireless or attached wireless telecommunications facility to which this article applies under § 170-129.3, including, but not limited to, a facility for which a special use permit is required and a facility in existence prior to the enactment of this article.
B.
Regulatory compliance. All wireless and attached wireless
telecommunications facilities shall comply with any and all applicable
laws, rules and regulations, including the provisions of the Code
of Federal Regulations pertaining to objects affecting navigable airspace
as delineated in Federal Aviation Regulation (FAR) Part 77 and the
criteria for obstructions to air navigation as established by FAR
Part 77, Subpart C, Obstruction Standards.
C.
FCC NIER standards. A wireless and attached wireless
telecommunications facility shall comply at all times with emissions
of nonionizing electrical radiation (NIER) standards established by
the FCC or any subsequent superseding standards. If at any time during
the operation of the wireless or attached telecommunications facility
the emissions are not in compliance with these standards, the Building
Inspector shall be immediately notified. A written report shall be
made to the Building Inspector within a reasonable period of time
thereafter explaining the cause of the failure to comply with emissions
standards, the corrective actions taken, and the measures taken to
prevent such noncompliance in the future.
D.
Annual NIER report. By February 1 of each odd-numbered year, a report prepared by a qualified, licensed professional engineer shall be filed with the Building Inspector on behalf of the responsible parties concerning the nonionizing electrical radiation emitted by any wireless or attached wireless telecommunications facility in operation in the Town. The report shall cover the prior two calendar years. If the facility has been in operation for a lesser period, the report shall cover the period the facility has been in operation to the end of the calendar year preceding the filing of the report. Such report shall provide an analysis of the nonionizing electrical radiation emitted by the facility under the FCC's "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance," and shall be accompanied by sufficient underlying data so that the analysis can be reviewed for accuracy and completeness by an expert in the field. Such report shall certify whether or not the wireless or attached wireless telecommunications facility has complied at all times with the applicable FCC nonionizing electrical radiation standards and shall specifically identify any noncompliance and its cause. The Building Inspector may refer the report for a professional review under Chapter 133 of the Somers Code, at the expense of the responsible parties. In the event that the report is not submitted as required, the Building Inspector may obtain the report on behalf of the Town, and if the responsible parties fail to pay for the report within 30 days after a demand has been made by the Town, the cost shall constitute a lien against the property involved and may be levied, assessed and collected in the same manner as Town taxes. The assessment of cost against the property shall not limit any other right or remedy of the Town to recover its costs against the responsible parties.
E.
Lights. Signal lights or illumination shall be prohibited
on a wireless or attached wireless telecommunications facility, but
necessary equipment facility safety lighting shall be permitted. No
wireless or attached wireless telecommunications facility for which
signal lights or illumination would be required by the FCC or the
Federal Aviation Administration shall be constructed, maintained or
operated in the Town.
F.
Signs. Signs shall be prohibited on a wireless or
attached wireless telecommunications facility, except for a sign or
signs not exceeding 150 square inches in the aggregate placed in a
visible location containing the name, address and contact information
of the party principally responsible for operating and maintaining
the facility and other public safety service information, or prohibiting
trespassing. The foregoing shall not prohibit signs mandated by applicable
laws, rules or regulations.
G.
Facility limits per site. No more than one support
structure for a wireless telecommunications facility may be located
on a single parcel less than 100 acres in area, provided that if more
than one such facility is located on a lot not in conformity with
this restriction at the time this section is enacted, such additional
facilities may remain, but may not be increased in number. No building
or structure, the primary use of which is not for wireless telecommunications,
shall be the site of more than four attached wireless telecommunications
facilities.
H.
Certificate of occupancy. A wireless or attached wireless
telecommunications facility may not be used or operated unless a certificate
of occupancy issued by the Building Inspector is in effect for such
use. A certificate of occupancy shall continue in effect as long as
the wireless or attached wireless telecommunications facility shall
remain in full compliance with all applicable laws, rules and regulations,
and its site plan approval, its special permit approval, including
all conditions thereof. The Building Inspector may revoke a certificate
of occupancy in the event of a substantial violation of an applicable
law, rule or regulation, the site plan or special permit approval,
or any condition thereof.
I.
Responsible parties. By February 1 of each year, a
written statement shall be filed with the Building Inspector stating
the current name, address, and telephone number of the responsible
parties. The provisions of this article, including site plan and special
permit approval and conditions thereof, shall apply to and be binding,
jointly and severally, upon the responsible parties.
J.
Maintenance. By February 1 of every odd-numbered year,
a report shall be filed with the Building Inspector by a qualified,
licensed professional engineer specializing in structural engineering
certifying that the wireless or attached wireless telecommunications
facility is structurally safe, has been maintained in good order and
repair, and complies with all applicable structural safety standards.
Every wireless or attached wireless telecommunications facility shall
at all times be maintained in good order and repair and in a structurally
safe condition.
K.
Abandonment. A wireless telecommunications facility
or attached wireless telecommunications facility not operated for
the provision of wireless telecommunications services for a continuous
period of 12 months or more shall be deemed to be abandoned and shall
be promptly removed, in no event later than 90 days after such twelve-month
period has expired. In addition, upon receipt of a notice of a determination
of abandonment from the Building Inspector, a wireless telecommunications
facility or attached wireless telecommunications facility shall be
removed within 90 days. When a notice of intent to cease operations
is filed with the FCC, a copy shall contemporaneously be filed with
the Building Inspector. A wireless telecommunications facility or
attached wireless telecommunications facility shall be removed within
90 days of filing such notice with the FCC. If a wireless or attached
wireless telecommunications facility is not removed within the time
prescribed by this section, the Town may remove such facility and
obtain reimbursement for its costs from one or more of the responsible
parties. In its discretion, the Town may enforce any bond submitted.
Costs incurred by the Town in enforcing the provisions of this section
shall constitute a lien against the property on which the wireless
or attached wireless telecommunications facility is located, and shall
be levied, assessed and collected in the same manner as Town taxes.
The foregoing shall not be construed to limit any of the rights or
remedies of the Town to require the removal of a facility or to recover
any costs incurred by the Town.
L.
BHP District and other excluded areas. No wireless
or attached wireless telecommunications facility shall be constructed,
established or maintained in the following areas:
M.
Conforming lot. A wireless or attached wireless telecommunications
facility shall be located on a lot which conforms with all of the
requirements of this chapter and shall be at least 80,000 square feet
in area.
N.
Staffing and equipment facility. A wireless or attached
wireless telecommunications facility shall be unstaffed, and the equipment
facility shall house only the equipment required for the operation
and maintenance of the particular site.
O.
Noise. Noise from a wireless or attached wireless
telecommunications facility shall be minimized to the maximum extent
possible.
P.
Co-location. The responsible parties of a wireless
or attached wireless telecommunications facility shall accept reasonable
structurally and technically feasible co-location from other wireless
telecommunications service providers on such facility, which shall
include the obligation to negotiate in good faith, and to rent, lease
or otherwise make available space under the terms of a commercially
reasonable fair market lease, license, contract or other transaction,
without discrimination against other wireless telecommunications service
providers, for such reasonable co-location.
[Amended 12-9-2010 by L.L. No. 8-2010]
A.
A wireless telecommunications facility or an attached wireless telecommunications
facility shall be permitted in the following zones and areas by special
permit only:
(2)
Higher-impact locations are as follows:
(a)
All zoning districts or areas not designated as lower-impact areas, except areas or districts excluded under § 170-129.5L.
B.
A special permit under this article may be granted by the approving authority in accordance with the applicable provisions of this article and pursuant to the procedures set forth in § 170-105, which includes the conduct of a public hearing. Compliance with each and every applicable requirement specified in this article and § 170-106 shall be required for the issuance of any special permit. The applicant shall bear the burden of demonstrating such compliance.
C.
The approving authority may approve, disapprove, or approve with modifications a special use permit for a wireless telecommunications facility or an attached wireless telecommunications facility under the applicable requirements of this article and the general special permit standards of § 170-106.
D.
Any special use permit granted shall be for a five-year term from
the date of issuance. Special permits may be issued with reasonable
conditions directly related to and incidental to the proposed special
permit use.
E.
A bond satisfactory to the approving authority and the Town shall
be required to ensure that the wireless or attached wireless telecommunications
facility is removed in a timely manner upon abandonment.
F.
When the approving authority has issued a special use permit for
a wireless or attached telecommunications facility, any change or
modification of said facility shall be subject to the approval of
the approving authority under the procedures for an original application
unless the approving authority waives a public hearing upon a finding
that the change or modification is minor.
G.
A special permit issued under this article may be renewed on application
for additional five-year terms, provided that the applicant shall
demonstrate that the wireless or attached wireless telecommunications
facility is and has been in compliance with the requirements of this
article, the special permit and conditions. The applicant shall be
required to pay the required application fee for such renewal. Such
renewal application shall, at minimum, include a complete statement
of the users of the facility, a complete description of all equipment
at the facility, a report from an engineer specializing in structural
engineering certifying that the facility is structurally safe based
upon a personal inspection and appropriate testing, a complete description
of all requests for co-location and the disposition of the requests,
a report on any future plans for the construction of any new wireless
or attached wireless telecommunications facility in the Town, and
an abandonment bond for the ensuing five-year period. The approving
authority may, in its discretion, waive a public hearing on the renewal
application if it finds that the public hearing is unnecessary.
H.
A special permit issued for a wireless or attached wireless telecommunications
facility under this article may be revoked by the approving authority
after a hearing conducted upon at least 10 days' notice to the responsible
parties and an opportunity to be heard. If at such hearing it shall
be shown by substantial evidence that the facility constitutes a nuisance
or that this article or the conditions of the special permit have
been materially violated, the approving authority may revoke the special
permit. Upon such revocation the facility shall be removed within
90 days. If not removed in 90 days, the Town may invoke the powers
to secure removal of the facility as provided by the abandonment provisions
of this article, including the recovery of cost.
A special permit application for a wireless
or attached wireless telecommunications facility shall be subject
to the following standards:
A.
Necessity.
(1)
A proposed wireless or attached wireless telecommunications
facility must be necessary to provide adequate wireless telecommunications
service to locations which are not and cannot be adequately served
with existing facilities within and outside of the Town, constituting
a significant "gap" in wireless telecommunications services coverage,
as demonstrated by standard engineering practice, prevailing industry
service standards, and the standards hereof. The applicant's demonstration
of necessity shall include the submission of empirical information
and evidence, to the satisfaction of the approving authority.
(2)
Necessity is presumed not to exist if:
(a)
The wireless or attached wireless telecommunications
facility is not the minimum required to provide wireless telecommunications
services in the area where a significant "gap" in wireless telecommunications
services is claimed to exist; or
(b)
The wireless or attached wireless telecommunications
facility is not the least intrusive means for closing a significant
"gap" in coverage in a remote user's ability to reach a wireless or
attached wireless telecommunications facility that provides access
to landlines.
(3)
A significant "gap" in wireless telecommunications
services coverage is presumed not to exist if:
(a)
The users in the claimed coverage "gap" possess
some ability to reach a wireless or attached wireless telecommunications
facility; or
(b)
The claimed "gaps" in coverage are very limited
in number or size so that the lack of coverage is likely to be very
small, such as in the interior of buildings in a sparsely populated
area, or confined to a limited number of houses or spots in a more
densely populated area.
(4)
In applying these standards, consideration shall
be given to whether the application of these standards unreasonably
discriminates among providers of functionally equivalent wireless
telecommunications services.
B.
Siting in a lower impact location.
(1)
A wireless and attached wireless telecommunications facility shall be located only in a lower impact location specified in § 170-129.6A(1), unless the applicant makes a clear and convincing demonstration under § 170-129.7C(2), to the satisfaction of the approving authority.
(2)
In a lower impact location, use of an existing
building or structure, or collocation with an existing wireless or
attached wireless telecommunications facility, shall be required unless
the applicant shall demonstrate in a particular case that the purposes
of this article will be better served without such use or collocation,
all to the satisfaction of the approving authority.
C.
Siting in a higher impact location.
(1)
In a higher impact location, the number of wireless
or attached wireless telecommunications facilities shall be minimized
to the greatest extent reasonably possible, consistent with the standards
of this article.
(2)
A higher impact location shall not be an acceptable
location for a wireless or attached wireless telecommunications facility
unless the applicant shall demonstrate clearly and convincingly to
the satisfaction of the approving authority that in a particular case,
utilizing best efforts and all reasonable and available technologies:
(a)
The location of a facility in a lower impact
location is technically not achievable; or
(b)
The location of a facility in a lower impact area will prevent the applicant from providing adequate wireless telecommunications service under the necessity standard of § 170-129.7A, now and in the foreseeable future.
(3)
In a higher impact location, use of existing
buildings and structures or collocation with an existing wireless
or attached wireless telecommunications facility shall be required
unless the applicant shall demonstrate clearly and convincingly to
the satisfaction of the approving authority that in a particular case,
utilizing best efforts and all reasonable and available technologies:
(a)
The use of an existing building or structure,
or collocation with an existing wireless or attached wireless telecommunications
facility, is technically not achievable; or
(b)
The use of an existing building or structure, or collocation with an existing wireless or attached wireless telecommunications facility, will prevent the applicant from providing adequate wireless telecommunications services under the necessity standard of § 170-129.7A, now and in the foreseeable future.
D.
Use of best available technology.
(1)
The siting and the design of a wireless or attached
wireless telecommunications facility shall accommodate and utilize
the best available technology to reduce, to the maximum extent reasonably
possible, the impact of the facility on the Town, the immediate neighborhood,
residential areas, parks, scenic vistas and roadways.
(2)
Examples of stealth technology and camouflage
techniques include, but are not limited to, the design of a facility
as an artificial tree not substantially greater in height than a surrounding
stand of like trees within which the facility will be located, comparatively
small antenna attached to traffic-related structures not changing
the overall appearance of such structures, a facility resembling a
traffic structure, the incorporation of a facility on electrical transmission
facilities, the design of a facility as an aesthetically pleasing
structure suitable for a particular area, such as a silo in or about
a farm operation, a steeple, clock tower, light pole, and the use
of the smallest technically feasible antenna array.
(3)
In a higher impact location, the maximum use
of the best available technology, including, but not limited to, stealth
technology and camouflage techniques, shall be required in the siting
and design of a wireless or attached wireless telecommunications facility,
unless the applicant demonstrates clearly and convincingly to the
satisfaction of the approving authority that in a particular case,
utilizing best efforts and all reasonable and available technologies:
(4)
In a lower impact location, the maximum use
of the best available technology, including, but not limited to, stealth
technology and camouflage techniques, shall be required in the siting
and design of a wireless or attached wireless telecommunications facility,
unless the applicant shall demonstrate to the satisfaction of the
approving authority that in a particular case:
E.
Operation and security.
(1)
A wireless or attached wireless telecommunications
facility shall be designed, constructed, maintained, and operated
in a manner that minimizes noise and traffic to surrounding areas
and ensures the security of the facility.
(2)
A wireless or attached wireless telecommunications
facility shall be protected against unauthorized access.
(3)
A wireless telecommunications facility shall
be enclosed by a fence, or other appropriate enclosure, the design
of which shall be approved by the approving authority.
(4)
All uses ancillary to the wireless or attached
wireless telecommunications facility, including a business office,
maintenance depot, and vehicle and equipment storage (other than equipment
needed for operation and maintenance of the facility), shall be prohibited
on the same site.
F.
Nonionizing electrical radiation. The applicant shall
demonstrate to the satisfaction of the approving authority that emissions
of nonionizing electrical radiation (NIER) will be in compliance with
standards established by the FCC or any subsequent superseding standards.
G.
New support structure.
(1)
If a new support structure is proposed, it shall
be a monopole rather than a self-supporting lattice or guy-wire support
tower, unless otherwise authorized by the approving authority for
extraordinary cause shown.
(2)
The applicant shall document additional capacity
for future shared use of the support structure and shall certify that
such additional capacity shall be available to future providers of
wireless telecommunications services in accordance with § 170-129.5Q.
(3)
A new support structure shall utilize the best available technology, including stealth technology and camouflage techniques, to minimize the impact of the support structure, subject to a demonstration by the applicant under the applicable provisions of § 170-129.7D to the satisfaction of the approving authority.
H.
Height standards.
(1)
Wireless telecommunications facility with support
structure.
(a)
The height of the wireless telecommunications
facility shall be the minimum necessary to provide adequate service
under the necessity standard.
(b)
In a higher or lower impact location, the maximum
height of a wireless telecommunications facility with support structure
shall extend no higher than 25 feet above the height of the highest
point of the surrounding foliage or structures located within 100
feet of the wireless telecommunications facility.
(2)
Attached wireless telecommunications facility.
(a)
The height of an attached wireless telecommunications
facility shall be the minimum necessary to provide adequate service
under the necessity standard.
(b)
The antenna array and attachment device for
an attached wireless telecommunications facility attached to an attachment
structure shall not extend more than 20 feet above the highest point
of the attachment structure or building.
I.
Setback and distance standards.
(1)
A wireless telecommunications facility (including
support structure), an attached wireless telecommunications facility
(including the antenna array), and any equipment facility shall comply
with the dimensional and setback requirements for a principal building
in the zoning district in which it is located, except height. Additional
setbacks may be required by the approving authority in individual
cases to contain on-site substantially all debris resulting from support
structure failure or ice-fall and/or to preserve privacy of adjoining
private and public property and to minimize visual impact on the Town,
the immediate neighborhood, residential property, parks, scenic vistas
and roadways.
(2)
The minimum distance requirements for a wireless
telecommunications facility shall be at least 500 feet from any dwelling
unit, school, place of worship or day-care facility, and at least
1 1/2 times the height of such facility from all property lines of
adjoining parcels, within or without the Town. In the case of an attached
wireless telecommunications facility, the foregoing distance requirement
shall not apply.
J.
Visual mitigation.
(1)
A wireless telecommunications facility or attached wireless telecommunications facility shall be sited and designed to have the minimum adverse visual impact on the Town, the immediate neighborhood, residential property, parks, scenic vistas and roadways, taking into account the proximity to potential viewers and sight lines from major viewing points, and shall incorporate camouflage or stealth technology to the maximum extent reasonably possible as provided in § 170-129.7D.
(2)
Attached wireless telecommunications facility.
An antenna array located on the exterior of an attachment structure
shall be of colors that are harmonious with the exterior of the attachment
structure.
(3)
Wireless telecommunications facility with support
structure. A support structure shall be of a neutral color that is
harmonious with the surrounding natural features, buildings and structures.
(4)
Equipment facility.
(a)
An equipment facility shall be sited to minimize
adverse visual impact on surrounding areas, parks and roadways. The
approving authority may require that an equipment facility be located
completely or partially below grade or be located within an existing
building or structure.
(b)
An equipment facility not located within an
existing building or structure shall be treated in an architectural
manner compatible with the buildings and structures in the vicinity
using materials, colors and textures designed to blend with the surrounding
buildings and structures and/or natural surroundings.
(c)
An equipment facility shall be the minimum dimensions
necessary to serve the site and shall be no greater than 12 feet in
height.
K.
Landscaping.
(1)
In determining the most appropriate landscaping
to be provided, the approving authority shall consider the visual
impact of the wireless telecommunications facility or attached wireless
telecommunications facility in its setting with regard to immediate
proximity of potential observers and the sight lines from major viewing
points. The area surrounding the wireless telecommunications facility
or attached wireless telecommunications facility shall be landscaped
and maintained with trees, shrubs, and ground cover consistent with
the surrounding community character and satisfactory to the approving
authority.
(2)
When a fence is required, the outside of such
fencing shall be landscaped with trees, shrubs, or other appropriate
planting material satisfactory to the approving authority.
(3)
An existing natural vegetative buffer which
meets or exceeds the above requirements may be retained to meet the
landscape requirements set forth above.
L.
Accessway and parking. The accessway shall be suitably
improved and provide an adequate turning radius and parking for vehicles
servicing the wireless telecommunications facility or attached wireless
telecommunications facility. The accessway shall allow vehicles to
enter and leave the site without reversing, to the satisfaction of
the approving authority. In the discretion of the approving authority,
additional parking spaces may be required for the facility, in addition
to any other parking requirements for the site.
A.
An applicant for a special permit under this article
shall submit an application signed by the facility owner or user,
and the property owner on which the facility would be located, which
shall include the following minimum information:
(1)
The name and address of the user of the wireless
telecommunications facility or attached wireless telecommunications
facility and the name and address of the owner of the property on
which such facility is proposed to be located. Additionally, the application
shall include the name and address of:
(a)
A person who shall be designated as managing
agent in control of and responsible for the maintenance of the facility;
and
(b)
A person who resides or has a place of business
in Westchester County who shall have been appointed as the person
upon whom process may be served as agent of the responsible parties.
(2)
A full environmental assessment form (EAF),
Part I, and the visual EAF addendum (Appendix A and Appendix B, 6
NYCRR Part 617.20), including graphic information in the form of photographs
or computer-generated images with the wireless telecommunications
facility or attached wireless telecommunications facility superimposed,
that portrays the visual impact of the facility from various vantage
points.
(3)
A report signed by a licensed professional engineer with expertise in radio communication facilities and, as to Subsection A(3)(d), (e), (f) and (g), by a health physicist with expertise in radio frequency emissions, containing the following:
(a)
The number, type and design of the proposed
antenna array.
(b)
The make, model and manufacturer of the proposed
antenna array.
(c)
A description of the proposed antenna array
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials and lighting.
(d)
The frequency, modulation and class of service.
(e)
Transmissions of maximum effective radiated
power.
(f)
Direction of maximum lobes and associated radiation.
(g)
Certification that the NIER levels based on
the maximum equipment output at the proposed site comply with emission
standards adopted by the FCC, such certification to be updated periodically
as determined by the approving authority.
B.
A report signed by a licensed professional engineer
specializing in structural engineering, containing the following:
(1)
In the case of an attached wireless telecommunications
facility, an assurance that building or structure is structurally
capable of accommodating the facility, including the antenna array
and equipment facility. The proposed method of affixing the antenna
array to the structure, and the precise point at which the antenna
array shall be mounted shall be documented.
(2)
In the case of a wireless telecommunications
facility with support structure:
(a)
An assurance that the structure is capable of
accommodating the facility, including the antenna array, and of sustaining
wind pressure and overturning moment in accordance with New York State
Uniform Fire Prevention and Building Code and is provided with lightning
protection in accordance with New York State Uniform Fire Prevention
and Building Code and National Electrical Code; and
(b)
A description of the structure's capacity, including
the number of antenna arrays it can accommodate and the precise point
at which each antenna array can be mounted.
(c)
Documentation demonstrating that the structure
is designed to collapse and fall upon itself in case of structural
failure.
C.
Certification that collocation will be accepted as required by § 170-129.5P.
D.
If the use of an existing building or structure, or collocation, is not proposed, a signed affidavit demonstrating compliance with the applicable standards of § 170-129.7 pertaining to use of an existing building or structure, or collocation.
E.
Certification and supporting evidence may be submitted
that the proposed antenna array will not cause interference with existing
communication devices, but is not mandatory.
F.
A statement of anticipated on-site service needs,
including frequency of service visits and types of vehicles used for
service.
G.
A landscape plan delineating the existing trees to
be preserved; the location and dimensions of proposed planting areas;
the size, type, and number of trees and shrubs to be planted; buffers;
and fences, screening elevations of fences and materials to be used.
H.
A map depicting and listing all existing sites containing
wireless telecommunications facilities and attached wireless telecommunications
facilities in the Town and bordering municipalities within a distance
of two miles of the site.
I.
A form of bond sufficient to ensure the safe and timely
removal of the attached wireless telecommunications facility or wireless
telecommunications facility in case of abandonment, satisfactory to
the approving authority. A bond shall be posted and approved before
any building permit is issued in an amount required by the approving
authority. The bond shall be maintained for so long as the facility
shall be maintained at the site.
J.
The required application fee.
K.
A form of access agreement may be submitted to enable
the Town to perform testing of the facility or to remove a facility
after abandonment, if necessary, but is not mandatory. If submitted
and approved by the approval authority, such access agreement shall
be executed, delivered and filed, satisfactory to the Town prior to
the issuance of a building permit.
L.
An inventory of all other locations investigated or
considered for the facility and a complete description of the reason
or reasons the other sites were not chosen.
M.
A copy of the applicant's current FCC license.
N.
Architectural elevations of the proposed facility.
O.
An emergency access plan for the proposed facility.
P.
Radio frequency (rf) drive test results for the site
shall be provided. In order to make the information usable, both rf
drive tests and propagation plots shall conform to certain minimum
requirements, including, but not limited to the following:
(1)
Each component in the rf drive test setup shall
be certified as currently in calibration and traceable to NIST (National
Institute of Standards and Technology), and the test plan for demonstrating
coverage shall be well-defined and declared.
(2)
Both incremental propagation plots, and field
rf drive test plots, shall demonstrate a clear transition from "pass"
to "fail" as the incremental height of the base station antenna is
changed.
(3)
Documentation shall clearly identify major roadways
and landmarks.
(4)
The color code for signal level conditions shall
be the same on both propagation plots and rf drive test plots. The
color code shall be explicitly defined on the map and preferably printed
by a software package that generated the plot so as to avoid errors
or omissions.
(5)
A complete disclosure of the assumptions under
which the analysis was performed, including, but not limited to, foliage
losses, fade margins, effective radiated power, and minimum signal
level requirements from the link budget, shall be declared.
(6)
The rf drive test data shall disclose any time
periods or deadlines for the test, and the weather conditions during
the test.
(7)
The data shall state whether or not the execution
of the rf drive test was monitored by an independent nonaffiliated
expert and, if so, the name, address and qualifications of the expert
shall be stated.
(8)
The data shall disclose anomalies, including
possible loose connections, uncalibrated receivers, incorrect power
transmit power settings, and defective test antenna.
Q.
A signed affidavit demonstrating compliance with the standards for the use of best available technology, including stealth technology and camouflage techniques in the siting and design of the facility under § 170-129.7.
R.
A report describing the minimum level of service deemed
satisfactory by the applicant, a description of the applicant's network
design philosophy, and the applicant's link budget.
S.
A report detailing all roaming agreement(s) enabling
the applicant to access other wireless telecommunications provider's
networks which have any coverage in the Town or the coverage "gap"
area.
T.
The approving authority may, in its discretion, modify
the application requirements where the approving authority determines
that certain information is not required in a particular case, or
may require additional information, reports or affidavits not specifically
listed in this section, where the approving authority deems such additional
information, report or affidavits to be necessary or desirable in
a particular case.
A.
The establishment, construction or modification of a wireless or attached wireless telecommunications facility, including, but not limited to, facilities for which a use variance is required, shall be subject to site plan review by the Planning Board in accordance with § 170-114 of the Somers Code.
B.
If the Planning Board finds that a proposed modification,
movement, expansion, change, or structural alteration of a wireless
or attached wireless telecommunications facility is minor, the Planning
Board may, in its discretion, waive site plan review and approval.
C.
The Planning Board may waive site plan review and approval for a new wireless or attached wireless telecommunications facility under the provisions of § 170-114F.
The invalidity of any word, section, clause,
paragraph, sentence, part or provision of this article shall not affect
the validity of any other part of this article which can be given
effect without such invalid word, section, clause, paragraph, sentence,
part or provision.
