[Added 11-4-2002 by L.L. No. 10-2002]
The Board of Trustees of the Village of Irvington
determines that it is in the best interest of its residents to establish
regulations and standards for the siting and installation of all wireless
telecommunications services facilities (WTSF) 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 Irvington to the extent reasonably permitted under
federal and state laws and rules and regulations to avoid blight,
to prevent the interruption of viewsheds and to limit construction
of any WTSF in an area where such construction would be incompatible
with the surrounding area. This article will ensure that all WTSFs
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 permitted by law, the siting, location, construction
and maintenance of WTSFs 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 WTSFs and protect
the natural features, aesthetics and character of the Village by careful
siting, design, buffering and screening of WTSFs.
C.
Limit the total number of WTSFs to be constructed
in the Village to the minimum number of WTSFs necessary to provide
adequate coverage within the Village.
D.
Maximize the use of any proposed site by encouraging
co-location and multiple use of WTSFs to the extent reasonably permissible.
F.
Encourage the siting of WTSFs on existing or other
planned or approved WTSFs.
G.
Encourage the use of alternative technologies, which
eliminate the need for new or additional WTSFs in the Village.
H.
Where the siting of a WTSF within the Village is proven
to be necessary, limit new WTSFs to existing nonresidential buildings
and areas zoned for industrial and commercial uses.
When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. For purposes of this Article XXI, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meanings given in this section:
A facility or structure serving or being used in conjunction
with a WTSF and located on the same property or lot as the WTSF, including,
but not limited to, utility or transmission equipment storage sheds
or cabinets.
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
whip antennas, and parabolic antennas as part of, or in conjunction
with, a WTSF. Such waves shall include, but not be limited to, radio,
television, cellular, paging, personal telecommunications services
(PCS) and microwave telecommunications.
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 (disc).
An antenna array that is attached to an existing building
or structure, with any accompanying pole or device which attaches
the antenna array to the existing building or structure; connection
cables; and an equipment facility which may be located either inside
or outside of the attachment structure.
The Planning Board of the Village of Irvington is the designated
agency or body of the Village to which applications for a special
use permit for a telecommunications facility must be made, and that
is authorized to review, analyze, evaluate and make decisions with
respect to granting, recertifying, or revoking special use permits
for telecommunications facilities.
The use of the same structure or telecommunications tower
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
The Federal Aviation Administration.
The Federal Communications Commission.
Any structure that is specifically designed for the purpose
of supporting a wireless telecommunications device. This definition
shall include monopoles and self-supporting and guyed towers.
Any wireless telecommunications services facility that is
not a small wireless facility.
[Added 1-6-2020 by L.L.
No. 1-2020]
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Areas not under the control of the owner or operator of the
facility to the exclusion of all others.
Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, agency, political
subdivision and any legal successor, representative, agent or agency
of the foregoing.
A wireless telecommunications services facility that meets
each of the following conditions:
[Added 1-6-2020 by L.L.
No. 1-2020]
Each antenna (excluding associated antenna equipment) is no
more than thee cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
under FCC rules; and
The facility is not located on Tribal lands, as defined under
36 C.F.R. § 800.16(x); and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
the FCC rules.
Any WTSF which is designed to enhance compatibility with
adjacent land uses, including, but not limited to, architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and WTSFs designed not to look like a conventional WTSF
but like something else existing in the community, such as light poles,
power poles, flagpoles, and trees.
A modification to a facility substantially increases or changes
the facility if it meets any of the following criteria:
[Added 1-6-2020 by L.L.
No. 1-2020]
For towers outside of public rights-of-way, it increases the
height by more than 20 feet or 10%, whichever is greater; for towers
in the rights-of-way and for all base stations, it increases the height
of the tower or base station by more than 10% or 10 feet, whichever
is greater;
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than 20 feet, or more than the width of
the tower structure at the level of the appurtenance, whichever is
greater; for towers in the rights-of-way and for all base stations,
it protrudes from the edge of the structure more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the tower or base station;
It would defeat concealment and/or stealth elements of the tower
or base station; or
It does not comply with prior conditions of the approval for
the existing structure and/or site, unless the noncompliance is due
to an increase that does not exceed the substantial thresholds above.
The provision of wireless telecommunications services, including,
but not limited to, those more commonly referred to as "cellular telephones,"
which services are regulated by the 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 highway department, the term "wireless
telecommunications services" shall specifically exclude all other
services not included in the FCC definition of "personal wireless
services."
A facility or structure used or designed or intended to be
used to support and include antennas for WTS. A WTSF is a facility
or structure intended for transmitting and/or receiving radio, television,
cellular, paging or personal wireless telecommunications services
or microwave telecommunications, but excludes facilities or structures
used exclusively for fire, police and other dispatch telecommunications,
private radio and television reception, private citizens bands, amateur
radios and other similar telecommunications. A WTSF includes, without
limit, antennas applied or affixed to the facade of a building or
roof-mounted antennas, freestanding towers, monopoles, equipment shelters,
and similar structures that employ camouflage technology, and including,
but not limited to, structures such as a church steeple, water tower,
flagpole, sign, or combination thereof or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. Both small wireless facilities and large wireless
telecommunications services facilities are wireless telecommunications
services facilities.
[Amended 1-6-2020 by L.L.
No. 1-2020]
[Amended 1-6-2020 by L.L.
No. 1-2020]
A.
Except as otherwise provided by this section, no person shall be
permitted to site, place, build, construct, or modify a wireless telecommunications
services facility without having first obtained from the Planning
Board a special use permit.
B.
Notwithstanding any provision to the contrary, if a proposed modification to a facility does not substantially increase or change the physical dimensions of the facility, a special use permit is not required, but the modification requires approval by the Building Inspector. The Building Inspector shall refer the application to the Village's WTSF consultant and the Village Attorney for evaluation of compliance with the requirements of this Article XXI.
C.
Repair and/or maintenance (not including upgrades and replacements)
of an existing wireless telecommunications services facility shall
not require a special use permit. Upgrades and replacements require
a special use permit.
[Amended 1-6-2020 by L.L. No. 1-2020]
A.
Except as provided, no special use permit for a wireless telecommunications
services facility shall be granted unless the Planning Board finds
that the application meets all of the requirements of this article
and all other applicable regulations.
B.
The Planning Board may attach such conditions and safeguards to any
permit as are, in its opinion, necessary to ensure initial and continued
conformance to all applicable standards and requirements.
C.
No application shall be accepted and no permit shall be issued for
a wireless telecommunications services facility where the Building
Inspector has found, or there exists, a violation of the Code of the
Village of Irvington and where such violation has not been corrected.
[Amended 1-6-2014 by L.L. No. 1-2014; 12-15-2014 by L.L. No. 17-2014; 1-6-2020 by L.L. No. 1-2020]
A.
Location priorities.
(1)
Notwithstanding any other provision of the Zoning Code or any other local law, WTSFs may be, subject to the provisions of this article, located in any zoning district. The owner of the property or properties proposed and the person seeking to install the WTSF (collectively, the "applicant") shall seek permission from the Village to locate, site and erect the WTSF(s), including towers or other tall structures, in accordance with the following priorities, which shall be applied in order to effectuate the legislative intent of this article as specified in § 224-103. Generally, the following priorities shall be applied with No. 1 being the highest priority and No. 9 being the lowest priority:
|
Priority Ranking
|
Location
| |
|---|---|---|
|
1.
|
Co-location on an existing telecommunications
tower or structure on Village-owned property
| |
|
2.
|
For small wireless facilities, existing utility
poles
| |
|
3.
|
Village-owned property, excluding Village Hall
| |
|
4.
|
Co-location on a non-Village-owned site with
existing telecommunications towers or structures containing existing
telecommunications facilities
| |
|
5.
|
Existing nonresidential structures greater than
20 feet in height (above ground level)
| |
|
6.
|
Business or Waterfront District
| |
|
7.
|
Other nonresidential areas
| |
|
8.
|
Existing residential structures under special
permit for commercial use
| |
|
9.
|
Existing residential structures more than five stories in height
| |
|
10.
|
Other property in the Village, except no WTSF shall be located
on any detached one-family dwelling, attached one-family dwelling,
two-family dwelling, or any one- or two-family accessory structure.
|
(2)
If the proposed WTSF is not to be on a site
with existing telecommunications towers or structures containing existing
telecommunications facilities on Village-owned property, then a detailed
explanation must be provided as to why a site of higher priority is
not being proposed by the applicant, including an explanation of why
a higher priority site is commercially or otherwise impracticable.
The applicant seeking such an exception must satisfactorily demonstrate
the reason or reasons why such a permit should be granted for the
proposed site and the hardship that would be incurred by the applicant
if the permit were not granted for the proposed site, which shall
be supported by propagation studies and such other data that demonstrates
that the applicant cannot achieve coverage utilizing sites with a
higher priority of preference.
(3)
An applicant may not bypass sites of higher
priority by stating that the site presented is the only site that
has been leased or selected by the applicant, unless it is factually
demonstrated in the application that the site is the only one that
can be leased or selected by the applicant for physical, technological,
legal or financial reasons. Agreements limiting or prohibiting co-location
shall not be a valid basis for any such claim.
B.
Notwithstanding that a potential site may be situated
in an area of highest available priority, the Board may disapprove
an application, or condition the granting of an application, where
granting of the application as submitted would violate any of the
following considerations:
(1)
Safety and safety-related codes and requirements.
(2)
Traffic patterns or traffic laws.
(3)
Historic nature of a designated neighborhood
or historical district or deemed eligible to be registered regardless
of whether any of the properties within such district have been registered
on the National or State Register of Historic Places.
(4)
Proximity to residences or other noncommercial
uses so as to create a discernible impact upon any adjoining property
by virtue of visual or aesthetic impacts that are out of keeping with
the area.
(5)
Viewsheds.
(6)
The Village Zoning Code or the Village Comprehensive
Plan.
A.
In the event that an application to share the use
of an existing freestanding telecommunications tower does not increase
the height of the freestanding telecommunications tower, the Board
may, in its sole discretion, waive such requirements of the application
required by this article as may be unnecessary to the review of the
application.
[Amended 12-15-2014 by L.L. No. 17-2014]
B.
Proposed shared use shall consist only of the minimum
antenna array technologically required to provide service within the
Village, unless it is demonstrated that a more extensive antenna array
is necessary to fill a service gap which cannot be filled without
erecting additional freestanding towers or telecommunications structures
within the Village.
[Amended 12-15-2014 by L.L. No. 17-2014]
C.
Where co-location or location on Village-owned property
is unavailable, the applicant shall submit a comprehensive report
which lists existing WTSFs and other appropriate structures which
could possibly be used to support antennas within 1.5 miles of any
proposed new WTSF site, unless the applicant can show that some other
distance is more reasonable, and outlining the opportunities for shared
use of existing facilities and the use of other existing structures
as a preferred alternative to new construction.
[Amended 12-15-2014 by L.L. No. 17-2014]
D.
A proposal for a WTSF shall not be approved unless
the Board finds that the antenna planned for the proposed WTSF cannot
be placed on an existing or approved WTSF or building within a 1.5
mile search radius of the proposed WTSF due to one or more of the
following reasons:
(1)
The antenna would exceed the structural capacity
of the existing or approved WTSF or building, as certified by a licensed
professional engineer, and the existing or approved WTSF 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 function of other existing or approved antenna(s) at
the WTSF or building, as certified by a qualified professional, and
the interference cannot be prevented at reasonable cost.
(3)
Existing or approved WTSFs and buildings within
the 1.5 mile search radius cannot accommodate the antenna at a height
necessary to function reasonably or to provide adequate coverage to
the intended service area, as certified by a qualified professional.
(4)
Other bona fide reasons make it infeasible or
undesirable to locate the antenna upon an existing or approved WTSF.
E.
In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall
structure or existing WTSF in a neighboring municipality be considered
for shared use, an applicant shall submit to the Board with its application
an affidavit that it has sent by registered or certified mail, return
receipt requested, at least 15 days prior to the public hearing on
the application, a notification to the Clerk of each municipality,
and the secretary of each municipal district or commission, such as
the fire departments and the water authorities, that is wholly or
partly within two miles of the proposed location of the WTSF. Such
notification shall include the precise location of the proposed WTSF,
and a general description of the proposal, including but not limited
to the height of the WTSF and its capacity for future shared use.
[Amended 1-6-2020 by L.L. No. 1-2020]
Except for smal wireless facilities on existing
utility poles, all WTSFs and their equipment shelters shall comply
with the building setback provisions of the zoning district in which
the facility is located. It shall be demonstrated to the satisfaction
of the Board that the proposed WTSF is set back adequately to prevent
damage or injury resulting from icefall or debris resulting from failure
or collapse of a WTSF or any part thereof, and to avoid and minimize
all other impacts upon adjoining properties. In addition, the following
setbacks shall be observed:
A.
To ensure public safety, the minimum distance from
the base of any ground-mounted WTSF to any property line, road, habitable
dwelling, business or institutional use, accessory structure or public
recreation area shall be the height of the facility/structure, including
antennas or other appurtenances. This setback is considered the "fall
zone." Additional setbacks may be required by the Board to provide
for the public safety.
B.
In the event that an existing structure or building
is proposed as a mount for a WTSF, a fall zone shall be required unless
the Board finds that a substantially better design will result from
a reduced setback. In making such a finding, the Board shall consider
both the visual and safety impacts of the proposed use.
All WTSFs and their equipment shelters shall
comply with the height provisions of the zoning district in which
the facility is located. Notwithstanding the following height limitations,
in no case shall a WTSF be higher than is reasonably necessary under
contemporary technology for it to accomplish the purpose it is proposed
to serve.
A.
The height of any antennas, or other associated equipment
structurally mounted as part of a WTSF, shall not exceed by more than
15 feet the highest point of the existing structure on which such
antennas or equipment are affixed.
B.
The maximum height of a WTSF is limited to 50 feet
above ground level upon which the antenna is placed. The ground elevation
may not be raised to increase the height of the WTSF.
C.
In the event that improving technologies permit the
installation of smaller or lower antennas without degradation of their
capabilities and without excessive replacement cost, the Planning
Board may require installation of such upgraded facilities upon renewal
of the special permit or if the WTSF is being altered.
[Amended 1-6-2020 by L.L. No. 1-2020]
A.
WTSFs shall only be permitted on, in or attached to
existing or approved buildings or structures by use of stealth technologies
or materials unless otherwise permitted by the Board.
B.
Where permitted, the only freestanding WTSF permitted
shall be a monopole. WTSFs which require the use of guy wires or open
framework are prohibited.
C.
WTSFs shall not materially alter or interfere with
existing Hudson River views from residences or surrounding areas.
[Amended 1-6-2020 by L.L. No. 1-2020]
D.
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
WTSF from public thoroughfares, important view and vantage points
and surrounding properties, to the extent practicable as determined
by the Board.
E.
No signs other than exempt signs or signs that may
be required by the Board for security or safety purposes shall be
erected on any WTSF.
F.
All ground-based equipment and utilities shall be
located underground to the extent feasible.
G.
WTSFs shall be designed to blend as much as feasible
into the surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated
by federal or state authorities. Every WTSF shall be of colors and
design that are compatible and harmonious to blend with the natural
features, buildings and structures surrounding such WTSF.
[Amended 1-6-2020 by L.L. No. 1-2020]
The WTSF shall not be artificially lighted on
an ongoing basis but may be artificially lighted for use, as and when
necessary, for repair and safety purposes, or as otherwise required
by appropriate governmental authority.
[Amended 1-6-2020 by L.L. No. 1-2020]
A.
Unless otherwise superseded by the FCC, the design and use of the
proposed WTSF, including its cumulative impact with other existing
and approved WTSFs, shall conform with the maximum NIER exposure standards
promulgated by the FCC, as amended. If new, more restrictive standards
are adopted, the antennas shall be made to comply as soon as is practicable,
failing which operation of the WTSF may be terminated by the Village.
The cost of compliance shall be borne by the owner and operator of
the WTSF.
B.
Annual certification by a professional engineer specializing in electrical
engineering certifying conformance with the applicable emissions standards
and the requirements and conditions of conditional use permit approval
shall be required. This certification shall include a report prepared
in accordance with FCC Office of Engineering and Technology Bulletin
65, as amended.
C.
Certification by a professional engineer specializing in electrical
engineering shall also be required prior to any modification of the
WTSF or upon modification of the FCC standards.
D.
The Board may hire a qualified professional or recognized authority
to review and report on such initial and annual certification report,
the cost of which shall be reimbursed by the applicant.
E.
Any violation of the emissions standards shall be reported to the
Board and shall require immediate discontinuation and correction of
the use responsible for the violation. Any such violation of these
requirements of this article or the conditions of special use permit
approval shall be deemed to be an offense punishable by fine in accordance
with this article.
F.
No WTSF shall interfere with public safety communications or the
reception of broadband, television, radio or other communication services
in the Village.
G.
WTSFs shall be maintained to ensure upkeep of the facility in order
to promote the safety and security of Village residents. All maintenance
activities shall utilize the best available technology for preventing
failures and accidents.
On-site electrical and land-based telephone
lines extended to serve the WTSF sites shall be installed underground.
A WTSF 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 Title 14 CFR Part 77 as an obstruction or hazard.
[Added 1-6-2020 by L.L. No. 1-2020]
Any special use permit for a WTSF that is proposed for Village-owned
property or in the public right-of-way shall contain a condition with
respect to indemnification. Such condition shall require the applicant
to at all times defend, indemnify, protect, save, hold harmless and
exempt the Village and its elected officials, officers, board members,
employees, committee members, attorneys, agents and consultants from
any and all penalties, damages, costs or charges arising out of any
and all claims, suits, demands, causes of action, or award of damages,
whether compensatory or punitive, or expenses arising therefrom, which
might arise out of, or are caused by, the placement, construction,
erection, modification, location, performance, use, operation, maintenance,
repair, installation, replacement, removal or restoration of such
facility; excepting, however, any portion of such claims, suits, demands,
causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the Village or its servants
or agents. With respect to penalties, damages or charges referenced
herein, reasonable attorneys' fees, consultants' fees, and expert
witness fees are included in those costs that are recoverable by the
Village.
The owner and applicant shall provide and keep
in full force and effect, at their own cost and expense, public liability
insurance which shall afford protection in an amount to be fixed by
the Board, but in no case less than $2,000,000 per occurrence, naming
the Village as an additional insured and indemnifying the Village
against any and all losses for personal injury, death, property damage
or other claim, obligation or liability, and all costs or expenses
in connection therewith, including reasonable attorneys' fees and
all costs of litigation, arising out of or relating to the existence,
operation or use of any approved WTSF and any activities in connection
therewith. This insurance shall be written in form satisfactory to
the Village by good and solvent insurance companies of recognized
standing, authorized to do business in the State of New York (rated
not less than "A" XV by Bests) and shall contain a provision that
the policy or policies shall not be canceled on less than 30 days'
written notice to the Village. Appropriate insurance certificates
shall be deposited with the Village before any permit is issued.
A security program shall be formulated and implemented
for the site of a WTSF. Such program shall include physical features
such as fencing screened by buffer vegetation, anticlimbing 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.
A monopole or other approved structure shall
be inspected at the expense of the service provider by a licensed
professional engineer at least every five years or at any other time
upon a determination by the Building Inspector that the monopole or
other approved structure may have sustained structural damage. A copy
of the inspection report shall be submitted to the Building Inspector.
Necessary repairs/alterations shall be made to the structure to ensure
structural integrity.
[Amended 1-6-2020 by L.L. No. 1-2020]
A.
The applicant must provide documentation to verify it has a legal
interest in the site or the building or structure on which the WTSF
is proposed to be installed. Said documentation may be in the form
of a deed, contract of sale or lease, depending on whether the applicant
is the property owner, contract-vendee or lessee.
B.
The Planning Board, at its discretion and in cooperation with the
involved parties, shall allow proprietary information contained in
such document that is unrelated to the requirements of this chapter
or the conditions of approval for the WTSF to be kept confidential.
A.
A WTSF, or any portion thereof, including any portion
above the height of the antenna, shall be dismantled and removed from
the property on which it is located when it has been inoperative or
abandoned for period of 90 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 in the
Village of Irvington.
[Amended 1-6-2020 by L.L. No. 1-2020]
B.
The applicant shall provide to the Village written
notification, including identification of the date the use of the
WTSF 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 in the Village of Irvington by one or more of
the service providers, acknowledgment of the requirements to remove
the WTSF, and identification of the plans for the removal of the WTSF
within six months of such termination, abandonment or discontinuance
of use.
C.
The applicant shall provide to the satisfaction of
the Village a written agreement suitable for filing with the County
Clerk, Division of Land Records, to ensure the dismantling, removal
and restoration of such an abandoned wireless telecommunications services
facility. Performance of the removal requirements as set forth herein
shall be secured by a bond posted by the applicant in an amount and
for a duration determined to be adequate by the Board.
D.
Unused portions of WTSFs above a manufactured connection
shall be removed within six months of the time of antenna relocation
or removal, unless a time extension is approved by the Board. The
replacement of portions of a WTSF previously removed requires the
issuance of a new conditional use permit.
E.
In the event that such WTSF, or portion thereof, is
not completely removed from such property within such time, the Village
shall be authorized to effect such removal at the expense of the property
owner.
[Amended 1-6-2020 by L.L. No. 1-2020]
All applicants for a special use permit for a WTSF or any modification
of such facility shall, in addition to the requirements of the Zoning
Code for site plan approval (if required), submit the following:
A.
The name and address of the owner of the 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 person who shall be designated
as managing agent in control of and responsible for the maintenance
of the facility and a person who resides or has a place of business
in Westchester County who shall be designated as the person upon whom
process may be served as agent of the applicant.
B.
A full environmental assessment form (EAF), Part I, and the visual
EAF addendum, including graphic information in the form of photographs
or computer-generated images with the wireless telecommunications
facility superimposed, that portrays the visual impact of the facility
from various vantage points determined by the Board.
C.
A visual impact assessment of the proposed WTSF based upon appropriate
modeling, photography and other pertinent analytical techniques as
required by the Planning Board, including but not limited to a map
identifying the zone of visibility and a visual simulation prepared
by a professional engineer licensed in the State of New York. Such
assessment shall also include a cataloging of the visual impact of
the proposed WTSF on all existing views of the Hudson River within
the Village.
D.
Radio communications facilities and radio frequency emissions report.
(1)
A report signed by a licensed professional engineer with expertise
in radio communication facilities and, as to Subsections C(1)(d),
(e), (f) and (g), by a professional having 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 ground level, materials and lighting.
(d)
The frequency, modulation and class of service.
(e)
Transmission and 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, and will remain within the,
emission standards adopted by the FCC, such certification to be updated
periodically as determined by the approving authority.
(h)
Multicolor signal level propagation plots indicating adequate
coverage under the FCC regulations and Telecommunications Act of 1996,
as amended, or other applicable law, at standard USGS scale drawings
of 1:25,000, including but not limited to topography and elevations,
existing buildings, streets, WTSFs and other similarly tall structures,
tile propagation plots, radial propagation plots and drive propagation
plot data, and identification of all of the relevant system design
parameters of all existing, approved or proposed WTSFs which may affect
or provide service within the Village of Irvington. Separate signal
level propagation plots shall be required for each existing, planned,
approved and proposed WTSF.
(2)
These information requirements may be supplemented or modified
by the Board in its discretion, depending on the nature and circumstance
of the application, on a case-by-case basis. The Board is not empowered
to determine that the application for the WTSF, if fully in compliance
with FCC standards, may be rejected for health-related reasons because
of projected emissions.
(3)
If the WTSF is approved and constructed, as-built emissions
readings shall be taken and submitted prior to issuance of a certificate
of compliance.
E.
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,
documentation of the ability of the building or structure to accept
the antenna array, the proposed method of affixing the antenna array
to the structure and the precise point at which the antenna array
shall be mounted.
(2)
In the case of a wireless telecommunications facility with support
structure, documentation that the structure is capable of sustaining
wind pressure, ice load, 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
a description of the structure's capacity, including the number of
antenna arrays it can accommodate and the precise point at which the
antenna array shall be mounted.
F.
A written report demonstrating the applicant's review of the proposed
WTSF location(s) in order of priority, demonstrating the technological
reason for the site selection(s).
G.
Certification that the applicant will allow co-location as provided for in § 224-109, including a statement that all reasonable efforts have been made to co-locate such WTSF on all other existing, planned or approved sites with communication antennas which would eliminate the need for new or additional WTSFs in the Village of Irvington.
H.
If co-location is not proposed, certification and supporting evidence
that co-location is not feasible.
I.
A written statement identifying and disclosing the number and locations
of any additional WTSF sites that the applicant is considering, reviewing
or planning, however preliminarily, for wireless telecommunications
facilities in the Village, and all municipalities immediately adjoining
the Village, for a two-year period following the date of the application.
J.
If co-location is not proposed, certification and supporting evidence
that co-location is not feasible.
K.
Certification and supporting evidence that the proposed antenna array
will not cause interference with existing communication devices.
L.
A statement of anticipated on-site service needs, including frequency
of service visits and types of vehicles used for service.
M.
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 used.
N.
A map depicting and listing all existing sites containing wireless
telecommunications facilities in the Village and bordering communities
used by the operator, owner or applicant.
O.
A demonstration that there is a public need for each such WTSF at
the location(s) proposed by the applicant to provide adequate coverage
in the Village.
P.
A copy of the FCC license.
Q.
A written agreement, in recordable form suitable for filing in the
Westchester County Clerk's Office and prepared to the satisfaction
of the Village Attorney, acknowledging that it shall be required to
allow the co-location of all other future WTSFs unless otherwise unreasonably
limited by technological, structural or other engineering considerations
and expressly stating that it shall negotiate in good faith with all
other providers.
R.
A statement, in writing, that:
(1)
The proposed WTSF shall be maintained in a safe manner and in
compliance with all conditions of the special use permit, without
exception, as well as all applicable federal, state and local laws,
and regulations; and
(2)
The construction of a WTSF is legally permissible, including,
but not limited to, the fact that the applicant is authorized to do
business in New York State.
S.
An application for a special use permit shall be signed on behalf
of the applicant by the person preparing the same and with knowledge
of the contents and representations made therein and attesting to
the truth and completeness of the information. The landowner, if different
than the applicant, shall also sign the application. At the discretion
of the Planning Board, any false or misleading statement in the application
may subject the applicant to denial of the application without further
consideration or opportunity for correction.
T.
A bond, in an amount determined by the Planning Board and in a form
acceptable to the Village Attorney, sufficient to ensure the safe
and timely removal of the wireless telecommunications facility in
case of abandonment, disrepair or uncured violation of this chapter.
Such bond is to be renewed annually.
V.
Notwithstanding anything to the contrary, where appropriate, the
Planning Board may waive any requirements set forth in this section
relating to the application for, or approval of, a special use permit.
[Amended 8-10-2015 by L.L. No. 10-2015]
A.
When additional expertise is needed, the Board or
Building Inspector may hire any consultant and/or expert to assist
in reviewing and evaluating the application. The review and evaluation
by the consultant may include, but is not limited to, the construction
and modification of the site of a proposed renewal/recertification
of a WTSF.
B.
Upon filing of its application, and to the extent
permissible under federal law, an applicant shall deposit with the
Village funds in the amount of $5,000 for a new WTSF, $3,000 for modifications
to a WTSF, or such other amount as the Village deems applicable to
reimburse the Village for all reasonable costs of consultant and expert
evaluation and consultation to the Village in connection with the
review of any application and/or recertification of a WTSF. To the
extent that the initial deposit is insufficient to cover the costs
of such consultant and expert evaluation, the applicant shall immediately,
upon request of the Village, make an additional deposit in an amount
required by the Village.
[Amended 1-6-2020 by L.L. No. 1-2020]
The applicant and all future owners of the premises
and the WTSF shall at all times keep on file in the office of the
Village Clerk the name, address, and telephone number of the owner
and operator of such WTSF and of at least one individual who shall
have authority to arrange for the maintenance of the premises and
WTSF, and who shall be authorized to accept service of notices and
legal process on behalf of the owner and operator(s) of the premises
and WTSF.
[Amended 1-6-2020 by L.L. No. 1-2020
A.
In addition to the applicable special use permit provisions and requirements
of this article, all wireless telecommunications services facilities
in the public right-of-way shall be required to comply with the following
regulations:
(1)
Location. WTSFs in the public right-of-way shall be co-located
on an existing wireless telecommunications facility whenever possible.
If collocation is not technologically feasible, the applicant shall
locate its WTSF on an existing utility pole, monopole or other structure
that does not already act as a WTSF support structure. No WTSF shall
be allowed on an ornamental street lighting pole.
(2)
Design requirements:
(a)
All accessory equipment shall be the smallest and least visibly
intrusive equipment feasible.
(b)
Antenna and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(3)
Equipment location. WTSFs shall be located so as not to cause
any physical or visual obstruction to pedestrians and/or motorists
or to otherwise inconvenience public use of the right-of-way, as determined
by the Village. In addition:
(a)
In no case shall ground-mounted accessory equipment, walls or
landscaping be located within 18 inches of the face of the curb, or
within four feet of any driveway or alley leading to the street.
(b)
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground shall be screened from surrounding views, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Planning Board. Ground-mounted
accessory equipment shall be screened, when possible, by utilizing
existing structures. If screening by using existing structures is
not possible, ground-mounted accessory equipment shall be made architecturally
and aesthetically compatible with the surrounding area through the
use of coatings, landscaping and/or screening walls, enclosures or
other stealth technology.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area.
(d)
Any graffiti on any WTSF support structure, base station or
any accessory equipment shall be removed within 30 days upon notification
by the Village at the sole expense of the owner.
(e)
Any proposed underground vault related to WTSFs shall be reviewed
and approved by the Planning Board.
(f)
Accessory equipment attached to a WTSF support structure shall
have such vertical clearance as the Planning Board may determine.
(4)
Relocation or removal of WTSFs in the public right-of-way. In
addition to the removal provisions set forth in § 124-122
above, within 90 days following written notice from the Village, or
such longer period as the Village determines is reasonably necessary,
or such shorter period in the case of an emergency, an owner of a
WTSF and any accessory equipment in the public right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, or
change the position of any WTSF or accessory equipment when the Village,
consistent with its police powers and any applicable Public Service
Commission regulations, shall have determined that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
(a)
To construct, repair, maintain or install any Village or other
public improvement in the public right-of-way;
(b)
To prevent the interference with the operations of the Village
or other governmental entity in the public right-of-way;
(c)
Abandonment of a street or road or the release of a utility
easement; or
(d)
An emergency as determined by the Village Board of Trustees.
B.
Street opening permit. In addition to the requirements set forth above, any applicant seeking to place a WTSF in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter 184, Streets and Sidewalks, of the Code of the Village of Irvington relating to construction activities in the right-of-way. To the extent that any provisions of Chapter 184 are inconsistent with the provisions in this section, the provisions in this section shall control.
C.
Reimbursement for use of the public right-of-way. In addition to the permit fees for a WTSF permit, every WTSF in the public right-of-way is subject to the Village's right to fix an annual rental fee a fair and reasonable management fee. The management fee shall be directly related to the Village's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other public right-of-way management activities by the Village. The owner of each WTSF shall pay an annual fee to the Village for the Village's costs incurred in connection with the activities described above as determined by the Village Board of Trustees and set forth in the Village's Fee Schedule, Chapter 114.
The operator of every WTSF 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 conditional use permit.
No permit granted under this article for any
antenna or WTSF, 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 five-year intervals, to determine
whether the technology applicable to WTSFs generally 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.
The invalidity of any section, subsection, paragraph,
sentence, clause 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 part or parts.
A violation of this article is hereby punishable
by a fine not exceeding $1,000 per day per occurrence or imprisonment
for a period not to exceed 15 days. Each day's continued violation
shall constitute a separate offense.
This article shall take effect upon its adoption
and filing with the Office of the Secretary of State.
