[HISTORY: Adopted by the City Council of the City of Glen Cove 7-24-2007.
Amendments noted where applicable.]
A.
The purpose of this chapter is to establish general guidelines
and requirements for the siting of wireless communications towers and antennas.
The goals of this section are to:
(1)
Protect residential areas and land uses from potential
adverse impacts of wireless telecommunications facilities and antennas.
(2)
Encourage the location of towers in nonresidential areas.
(3)
Minimize the total number of towers throughout the community.
(4)
Strongly encourage the use of existing towers as a primary
option rather than the construction of additional single-use towers.
(5)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal.
(6)
Promote and encourage utilization of technological designs
that will either eliminate or reduce the need for erection of new tower structures
to support antennas and telecommunications facilities.
(7)
Encourage users of towers and antennas to configure them
in a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative camouflaging
techniques.
(8)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively and
efficiently.
(9)
Consider the public safety of communications towers.
(10)
Avoid potential damage to adjacent properties from tower
failure through proper engineering and careful siting of tower structures.
B.
In furtherance of these goals, the City of Glen Cove
shall give due consideration to the City's Comprehensive Master Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving sites
for the location of towers and antennas.
As used in this chapter, the following terms shall have the meanings
indicated:
Any facility which has not been operational for six consecutive months.
A structure such as a storage shed or other type of enclosure for
equipment, equipment cabinets, support structures for equipment or other appurtenances
used in conjunction with the operation of a wireless telecommunications facility
as defined herein and located on the same lot as the WTF.
Any exterior transmitting or receiving devices mounted on a tower,
building or structure and used in communications that radiate or capture electromagnetic
waves, digital signals, analog signals, radio frequencies (excluding radar
signals), wireless telecommunications signals or other communication signals.
A set or group of antennas aligned at the same height for use by
a particular carrier of telecommunications wireless services.
Any building or structure, other than a freestanding tower, used
to support antennas used in personal wireless services.
A person, firm, organization or company applying for either an antenna
location permit (hereinafter referred to as "ALP") or a special use permit
under the provisions of this chapter. An applicant must qualify as a wireless
carrier/service provider as defined herein.
A request to the City for either an ALP or a special use permit for
a WTF under the provisions of this chapter. The application shall include
all necessary, appropriate, and written documentation, verbal statements,
and representations, in whatever form or forum submitted or made by an applicant
to the BDA concerning such request.
The head of the City Building Department (hereinafter referred to
as "BDA").
The construction of facilities to house or support a WTF so that
the towers and/or antennas blend readily with the landscape, neighborhood,
and adjacent architectural features.
The City of Glen Cove, County of Nassau, State of New York.
The elective governing body of the City of Glen Cove.
Placement of two or more wireless telecommunications facilities upon
a single structure (including but not limited to existing freestanding WTF
structures, buildings, water towers, etc.).
An application that contains all information and/or data necessary
to enable the Planning Board to evaluate the merits of the application and
to make an informed decision with respect to the effect and impact of the
WTF on the City in the context of the permitted land use for the particular
location requested.
The chief fiscal officer of the City of Glen Cove.
The environmental assessment form approved by the New York State
Department of Environmental Conservation.
Any person licensed by the State of New York to practice engineering
services.
Computers, batteries, generators, transmission equipment and cabinets,
etc., which are utilized to power and/or operate a wireless telecommunications
facility.
The Federal Aviation Administration, or its duly designated and authorized
successor agency.
A wireless telecommunications facility.
The Federal Communications Commission, or its duly designated and
authorized successor agency.
A structure, such as a monopole or lattice tower, constructed or
existing specifically for the purposes of supporting an antenna(s) and/or
equipment used in conjunction with the operation of one or more wireless telecommunications
facilities.
The distance measured vertically from the average level of the curb
of the lowest adjoining street or from the lowest point within a radius of
200 feet measured from the facility, whichever is lower, to the highest point
on the building, structure, or freestanding wireless telecommunications facility
as prescribed in the ordinances of the City of Glen Cove.
Any wireless telecommunications facility legally constructed, erected
and operated as of the date of adoption of this chapter, or one erected under
a special permit issued by the Planning Board in accordance with this chapter
and for which all applicable permits have been acquired from all appropriate
government authorities.
Nonionizing electromagnetic radiation.
A structure or use that does not conform to the regulations of the
district in which it is situated.
Any tower or antenna which was legally constructed prior to the effective
date of this chapter, or for which building permits were legally issued prior
to the effective date of this chapter but have not yet been constructed, so
long as such permits are current and not expired.
Any company authorized (either by the New York State Public Service
Commission, a municipality or other such authority) to provide water, electric,
gas or telephone services to the public.
Any structure erected for the purposes of providing a public utility
service, including, but not limited to, water towers, electric transmission
towers/poles and telephone poles.
The State Environmental Quality Review Act.
The property, including all buildings and structures located thereon,
on which a wireless telecommunications facility is, or is proposed to be,
located.
The permit granted by the Planning Board, by which an applicant is
allowed to apply to the BDA for a building permit to construct and use a wireless
telecommunications tower (hereinafter referred to as "SUP").
A method of installing/constructing wireless telecommunications facilities
which conceals, hides or camouflages their presence.
The transmission and reception of audio, video, data and other information
by wire, radio frequency, light and other electronic or electromagnetic systems.
Any structure used in, associated with or necessary for the provision
of wireless services as described in the definition of "wireless telecommunications
facility."
A type of structure used to support wireless telecommunications facilities.
Any company which is licensed by the FCC to operate wireless telecommunications
facilities.
Antenna(s) and associated equipment and/or structures (including,
but not limited to, monopoles, lattice towers, etc.) used to transmit and/or
receive audio, video, data and other information using radio frequency energy
and other electronic or electromagnetic systems. The antenna(s) and equipment
of each wireless carrier will be considered a wireless telecommunications
facility (hereinafter referred to as "WTF").
Any WTF which is established, installed, erected, constructed, reconstructed
or significantly altered subsequent to the date of adoption of this chapter
must conform to the provisions herein. Except as provided for herein, no permit
for any new freestanding WTF shall be issued unless a SUP is granted by the
Planning Board. However, for a collocation installation, an ALP shall be issued
as long as the requirements of this code are satisfied. The Planning Board
shall review all applications which require a SUP for WTFs, hold a public
hearing and approve the application with modifications, or disapprove applications
as provided for herein. Notwithstanding the foregoing, no SUP shall be required,
and the BDA shall have the authority to review and approve, approve with modifications
or disapprove applications for ALPs for WTFs for collocation or as provided
for herein.
Except as provided for herein, the provisions of this chapter shall
not apply to:
A.
Satellite dish antennas which are regulated separately.
A.
Any WTF lawfully existing under the regulations in effect
at the time of the creation of said WTF, although not conforming to or complying
with other provisions of this chapter, may be allowed to continue in its present
usage as a preexisting, nonconforming use and shall be treated as a nonconforming
use, as provided for in this section, provided that a certificate of existing
use, certifying that it was legally constructed prior to the effective date
of this chapter, is obtained from the BDA. No such nonconforming WTF shall
be altered or modified in any way, unless it is brought into compliance with
the provisions of this chapter. Nothing contained herein shall be construed
to limit or prohibit the routine maintenance of such WTFs.
B.
Any nonconforming WTF, if discontinued for six months
or longer, shall not be resumed without full compliance with the provisions
of this chapter.
C.
Notwithstanding anything to the contrary herein contained, all nonconforming WTFs shall be required to conform to the provisions of this chapter within 10 years following the effective date of this chapter, or shall be considered in violation of this chapter and will be subject to the penalties specified in § 255-21 hereof.
A.
The BDA is authorized to issue ALPs for the following
WTFs, provided that all of the requirements set forth herein are met:
(1)
Nonresidential zoning districts.
(a)
Collocation of WTFs on towers and which contain one or more WTFs which have been approved in accordance with this chapter or which qualify as incumbent freestanding WTFs as defined herein, provided that, in the case of collocation on an existing freestanding WTF, the height of the existing structure is not increased by more than 15 feet, and provided that all height, setback and design requirements as set forth in § 255-9 herein are met. All accessory structures, including, but not limited to, equipment, equipment cabinets, equipment sheds/shelters, etc., must also comply with the standards set forth in § 255-9 herein. No more than five antenna arrays may be attached to a tower for a permit under this section.
B.
Application requirements. The BDA may promulgate appropriate
application forms to assist in the completion and evaluation of an application
for ALPs. The following materials shall be submitted in triplicate to the
BDA, who shall certify that the application is complete before the application
for an ALP is reviewed and is issued:
(1)
Name, address and telephone number of the applicant.
(2)
Name, address and telephone number of the owner of the
property on which the WTF will be located.
(3)
Section, block and lot number(s) of the property on which
the proposed WTF will be located.
(4)
A copy of an agreement between the applicant and the
owner of the site which authorizes the use of the site as a location for the
proposed WTF.
(5)
A location map to scale indicating the location of the
proposed WTF.
(6)
An up-to-date survey of the property prepared, signed
and sealed by an engineer or surveyor licensed by the State of New York.
(7)
A site plan or plans to scale specifying the location
of the proposed WTF on the property. All setbacks of the WTF from front, rear
and side yards shall be shown. (If the WTF is located upon an existing structure,
the setbacks of the existing structure from front, rear and side yards shall
be shown and the location of the WTF on the existing structure, including
all dimensions, shall be shown.)
(8)
Elevations showing the height of all proposed antennas,
equipment and supporting structures (i.e., monopoles, towers, etc.) from ground
level. Dimensions of all antennas and equipment and the distances of each
from the top of any structures upon which they are located shall also be shown.
(9)
Construction/Engineering drawings to be reviewed by the
BDA to determine whether the proposed WTF meets with all applicable building,
fire and safety codes and showing that the WTF includes appropriate deicing
equipment.
(10)
Completed long-form environmental assessment form (EAF),
together with a visual assessment addendum.
(11)
A cash deposit or bond from a surety company that is
both an admitted carrier in the State of New York and has an A.M. Best's Rating
of B- or better, or a Best's rating of 4 or better.
(a)
The cash deposit or bond must be in an amount equal to
200% of the estimated cost of removing any freestanding WTF, if it is abandoned,
and of restoring the site.
(b)
In the event that a penalty, fine or financial obligation
is assessed pursuant to the provisions of this chapter, the BDA or the Controller
may deduct the amount of such penalty from the cash deposit.
(c)
The applicant must maintain the required cash deposit
or bond at all times to assure the faithful performance of the terms and conditions
of this chapter and the conditions of any SUP issued pursuant to this chapter.
The full amount of the bond or security shall remain in full force and effect
throughout the term of the SUP and/or until the removal of the WTF and any
necessary site restoration is completed. The failure to pay any annual premium
for the renewal of any such security shall be a violation of the provisions
of the SUP and shall entitle the Planning Board to revoke the SUP after prior
written notice to the applicant and holder of the permit and after a hearing
upon due prior notice to the applicant and holder of the SUP.
(12)
A certificate of public liability insurance naming the City as additional insured for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the SUP in amounts as set forth below and in § 255-17 herein:
(13)
A copy of any Federal Communications Commission licenses
and approvals allowing the applicant to operate a WTF.
(14)
Certification by a licensed professional engineer that
the proposed WTF will not cause interference with existing communication devices
and that electromagnetic radiation levels at the proposed site are within
any threshold levels that have been adopted by the Federal Communications
Commission.
C.
Fees.
(1)
Upon application for an ALP, a nonrefundable application
fee of $5,000 shall be paid to the City by the applicant. The fee for an antenna
location permit (ALP) shall be $5,000. If the application seeks permission
for collocation on an existing tower or antenna support structure with no
increase in height of the tower or antenna support structure, the application
fee shall be $2,000.
(2)
In addition, for review of the plans for the physical
antenna or antenna support structure(s) the fee shall be $100 for the first
$1,000 of estimated construction cost, and $15 for each additional $1,000
of estimated cost. The fee for a certificate of occupancy shall be $200.
A.
Criteria for issuance of a SUP.
(1)
The Planning Board shall review all WTF applications
which require SUPs. The Planning Board may approve the application, impose
reasonable conditions, or deny the application. The applicant must demonstrate
to the Planning Board that the proposed facility is the least intrusive means
for closing a significant gap in service.
(2)
Suggested Priority List.
(a)
To the greatest extent possible, all new WTFs in the
City shall be located on sites in the following order of priority:
[1]
Collocation with existing telecommunications facilities.
[2]
Collocation on properties located in commercial or industrial
zoning districts.
[3]
Properties located in commercial or industrial zoning
districts.
[4]
Properties located in other nonresidential zoning districts.
[5]
Properties located in residential zoning districts.
(b)
If the proposed property site is not the highest priority
listed above, then a detailed explanation must be provided as to why a site
of a higher priority could not be selected. The applicant must satisfactorily
demonstrate to the Planning Board the reason or reasons why a SUP 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.
(c)
An applicant may not bypass sites of higher priority
by stating that the site presented is the only site leased or selected. An
application shall address collocation as an option and, if such option is
not proposed, the applicant must explain why collocation is impracticable.
B.
The applicant shall, in writing, identify and disclose
the number and locations of any additional sites that the applicant has, is
or will be considering, reviewing or planning for WTFs within the City, and
all sites within two miles of the border of the City.
C.
The Planning Board may prescribe such appropriate conditions
to minimize any adverse effect and provide safeguards as may be required in
order to consider and protect the public health, safety and welfare of the
community. The City Council may require any landscaping or other measures
which it deems necessary to preserve and protect the character of the neighborhood,
the public health and safety and property values.
A.
Upon application for a WTF SUP, a nonrefundable application
fee of $5,000 shall be paid to the City by the applicant. If the application
seeks permission for collocation on an existing tower or antenna support structure
with no increase in height of the tower or antenna support structure, the
application fee shall be $2,000. In addition, for review of the plans for
the physical antenna or antenna support structure(s), the fee shall be $100
for the first $1,000 of estimated construction cost, and $15 for each additional
$1,000 of estimated cost. The fee for a certificate of occupancy shall be
$200.
B.
Application requirements. All applicants for a SUP for
a WTF or any modification of such WTF shall comply with the requirements set
forth in this section. The following materials shall be submitted to BDA,
who shall review the application for completeness, before forwarding it to
the Planning Board for review:
(1)
An application for a SUP for a WTF 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 property owner, if different from
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.
(2)
The application shall include a written statement:
(a)
That the applicant's proposed WTF shall be maintained
in a safe manner and in compliance with all conditions of the SUP.
(b)
That the construction of the WTF will conform with all
applicable local, county, state and federal laws, rules and regulations, and
ordinances.
(c)
That the applicant is authorized to do business in the
State of New York.
(3)
All applications for the construction of a new WTF shall
be accompanied by a WTF engineering report containing the information hereinafter
set forth. The report shall be prepared, signed and sealed by professional
engineer or registered architect licensed in the State of New York. Where
this section calls for certification, such certification shall be by a qualified
New York State licensed professional engineer or registered architect acceptable
to the City. The application shall include, in addition to the other requirements
for the SUP, the following information:
(a)
Documentation that demonstrates the need for the WTF
to provide service primarily within the City.
(b)
The name, address, and telephone number of the person
preparing the report.
(c)
The name, address, and telephone number of the property
owner, lessee, operator and applicant, including the legal basis for the applicant's
authority.
(d)
The legal description, postal address, and Tax Map designation
of the property.
(e)
The zoning district in which the property is situated.
(f)
The size of the property, stated both in square feet
and lot line dimensions.
(g)
A survey of the property indicating the dimensions of
the property, the location and height of all structures, the location, size
and height of all proposed and existing towers, antennas, and accessory structures,
and the type, size and location of all proposed and existing landscaping and
fencing.
(h)
An indication of the location of all residential structures
within 500 feet, in the case of a freestanding tower, and within 250 feet
in the case of all other WTF applications.
(i)
The names, addresses, and telephone numbers of all owners
of other freestanding towers or existing antenna support structures located
within a one-half-mile radius of the proposed WTF. The address and location
of each such freestanding tower or antenna support structure shall be indicated.
(j)
The number, type and design of the WTF's proposed antenna(s)
and the basis for the calculations of the WTF's capacity to accommodate multiple
users.
(k)
The make, model and manufacturer of the WTF and antenna(s).
(l)
A description of the proposed WTF and antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including height
above preexisting grade, materials, color and lighting.
(m)
The frequency, modulation and class of service of radio
or other transmitting equipment.
(n)
The transmission and maximum effective radiated power
of the antenna(s).
(o)
The direction of maximum lobes and associated radiation
of the antenna(s).
(p)
The applicant must identify its utilization of the most
recent technological design.
(q)
The applicant's proposed WTF maintenance and inspection
procedures and related system of records.
(r)
Certification, including such documentation as the Planning
Board shall require, that NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(s)
A certification that the construction and placement of
the proposed freestanding tower and the proposed antenna(s) will not interfere
with public safety communications, the usual and customary transmission or
reception of radio, television, or other communications services enjoyed by
adjacent residential and nonresidential properties, or other existing telecommunications
devices.
(t)
A copy of the FCC license applicable for the use of the
WTF.
(u)
Certification that a topographic and geomorphologic study
and analysis has been conducted and, taking into account the subsurface and
substrata and the proposed drainage plan, that the site is adequate to assure
the stability of the proposed wireless telecommunications tower on the proposed
site.
(v)
Propagation studies of the proposed site and all adjoining
proposed or in-service or existing sites. The propagation study must identify
a gap in coverage that the service provider needs to eliminate, and must also
demonstrate how the addition of a WTF will satisfy this need.
(w)
The applicant shall disclose, in writing, any agreement
in existence prior to submission of the application that would limit or preclude
the ability of the applicant to share any WTF that it constructs.
(x)
Certification that the WTF, foundation and attachments
are designed and will be constructed to meet all local, county, state and
federal structural requirements for loads, including wind and ice loads. If
the WTF is subsequently approved and constructed, similar "as-built" certification
indicating that the WTF has been constructed in accordance with all standards
shall be furnished prior to the City issuance of a SUP.
(y)
An affidavit attesting to the fact that the applicant
made diligent, but unsuccessful, efforts to install or collocate the applicant's
WTF on freestanding towers or an antenna support structure owned by other
persons located within a one-half-mile radius of the proposed WTF.
(z)
Certification that the proposed site of the WTF does
not pose a risk of explosion, fire, or other danger to life or property due
to its proximity to volatile, flammable, explosive, or hazardous materials
such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous
chemicals.
(aa)
A "search ring" prepared by a qualified radio frequency
engineer and overlayed on an appropriate background map demonstrating the
area within which the communications facility needs to be located in order
to provide proper signal strength and coverage to the target cell. The applicant
must be prepared to justify why it selected the proposed site, discuss the
availability (or lack of availability) of a suitable structure within the
search ring which would have allowed for collocated antenna(s), and to what
extent the applicant explored locating the proposed tower in an appropriate
site or government property or a more intensive use district.
(4)
The applicant shall present an evaluation of at least
three alternative sites, comparing the characteristics of each with the requirements
of the proposed WTF and demonstrating why the alternate sites would be incompatible
for collocation. Reasons supporting incompatibility could include, but not
be limited to the following:
(a)
Existing structures and/or towers are not of sufficient
height to meet the applicant's engineering requirements within the geographic
service area described.
(b)
Existing structures and/or towers do not have sufficient
structural strength to support the applicant's antennas and equipment.
(c)
The applicant's proposed antenna or antennas would cause
electromagnetic interference with the antenna or antennas of the existing
WTFs.
(d)
The cost or contractual provisions required by the owner
of an existing WTF site, or to adapt an existing WTF site for sharing, would
exceed the cost of erecting a new site.
(5)
The applicant shall furnish written certification that
the WTF and related facilities are grounded and bonded so as to protect persons
and property and are installed with appropriate surge protectors.
(6)
The applicant shall submit a completed long-form EAF
and a completed visual EAF addendum. Based on the results of the visual EAF
addendum, the Planning Board may require submission of a more detailed visual
analysis. Applicants are encouraged to seek preapplication meetings with the
Planning Board to address the scope of the required visual assessment.
(7)
A visual impact assessment which shall include:
(a)
A "zone of visibility" map, which shall be provided in
order to determine locations where the WTF may be seen.
(b)
Pictorial representations of "before" and "after" views
from key viewpoints both inside and outside of the City to be determined by
the Planning Board, including, but not limited to, major roads, county and
local parks, other public lands, historic districts, preserves and historic
sites normally open to the public, nearby residential properties and from
any other location where the WTF is visible to a large number of visitors,
travelers, or residents. The Planning Board will provide guidance concerning
the appropriate key views in evaluating the site.
(c)
An assessment of the visual impact of the WTF base and
accessory structures from abutting and adjacent properties and streets.
(d)
To the extent practicable, a visual impact assessment
must include simulations of the proposed WTF in all seasons, including "leaf-off"
simulation in winter season.
(8)
All utilities serving any WTF site shall be, when possible,
installed underground and in compliance with all laws, rules and regulations
of the City, including, specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
(9)
A demonstration that the WTF will be sited so as to have
the least adverse visual effect on the environment and its character, on existing
vegetation, and the residences in the area of the WTF site.
(10)
Both the WTF and any and all accessory or associated
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and with the
natural surroundings.
(11)
Access and parking for vehicles shall be provided to
assure adequate emergency and service access. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and vegetation cutting. Road
grades shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(12)
The applicant shall submit 12 copies of the completed
application and such additional copies as may be determined. A copy of the
application shall be provided to the legislative body of all adjacent municipalities
and to the Nassau County Planning Commission. The responsibility of providing
such notification shall be borne by the applicant, who shall file an affidavit
of compliance with the City.
(13)
If the applicant is proposing the construction of a freestanding
tower, the applicant shall examine the feasibility of designing a tower to
accommodate future demand for at least two additional commercial applications.
The scope of this examination shall be determined by the Planning Board. The
WTF shall be structurally designed to accommodate at least two additional
antenna arrays equal to those of the applicant and located as close to the
applicant's antenna as possible without causing interference. This requirement
may be waived, provided that the applicant, in writing, demonstrates that
the provisions of future shared usage of the WTF is not technologically feasible
or is commercially impracticable and creates an unnecessary and unreasonable
burden, based upon:
C.
Upon receipt of a complete application, unless waived
by the Planning Board, there shall be a presubmission conference with the
BDA. The purpose of this conference will be to address issues which will help
to expedite the review and permitting process. Where the application is for
the shared use of an existing telecommunications tower or antenna support
structure, the applicant can seek to waive any application requirements that
may not be applicable. At the preapplication meeting, the waiver requests,
if appropriate, will be decided by the City. Costs of the City's consultants
to prepare for and attend the preapplication meeting shall be borne by the
applicant.
D.
Within three months following the presubmission conference,
10 copies of the completed application and all supporting documents shall
be submitted to the Secretary of the Planning Board. The Planning Board shall
hold a public hearing within 62 days of said submission. Notice of such hearing
shall be given by at least one publication in the official newspaper of the
City not less than five days before the date of such hearing. Notice of the
public hearing, specifying the relief requested, on a form required by the
Planning Board, shall be sent by mail to each owner or occupant of all parcels
of property located within a radius of 500 feet measured from all points of
the subject property lines, by certified mail, return receipt requested. Said
notice shall be postmarked not more than 20 days before or less than five
days prior to the date set for the public hearing. An affidavit of mailing,
together with the certified letter postal receipts, shall be filed with the
Planning Board.
E.
The Planning Board shall, within 62 days of the close
of the public hearing, make a determination to approve the application, approve
the application with conditions, or deny the application.
F.
The recommendation of the Planning Board shall be filed
in the office of the City Clerk within five days, and a copy thereof mailed
to the applicant.
G.
The holder of a SUP shall notify the Building Department
of any intended modification of a WTF. Review of an amendment or modification
to an existing SUP shall contain the same information as a new application
and shall be acted upon in the same manner as the review of the original application.
H.
Any and all representations made by the applicant to
the Planning Board, on the record, during the application process, whether
written or verbal, shall be deemed a part of the application and may be relied
upon in good faith by the Council.
The following requirements must be met for all proposed WTFs:
A.
Height.
(1)
No antenna or any other transmitting or receiving device
used in conjunction with a WTF may extend more than 20 feet above the top
of the structure upon which it is placed. This height shall be measured from
the bottom of the antenna assembly (including any masts, supports, etc., used
to affix an antenna to a building or other structure) to the top.
(2)
The height of any proposed freestanding WTF shall be
the minimum necessary in order to meet the service needs of the wireless carrier
(applicant), unless the support structure, i.e., monopole, tower, etc., is
being constructed in order to allow collocation by other wireless carriers.
In such cases, the height of the WTF shall be the minimum necessary in order
to meet the needs of the applicant together with the anticipated needs of
the additional carriers being accommodated for at the site, but in no case
higher than 120 feet. Collocation and/or the ability to collocate may be provided
for at lower heights on the support structure.
(3)
The height of any accessory structure used in conjunction
with the operation of a WTF, including but not limited to equipment sheds
and shelters, shall not exceed 12 feet.
B.
Setbacks. The following setback requirements shall apply
to all towers for which a special use permit is required:
C.
Design, screening and camouflaging.
(1)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical equipment, mechanical equipment
and visible accessory structures must be of a neutral color and similar material
that is identical to, or closely compatible with, the color and material of
the supporting structure so as to make the antenna and other equipment as
visually unobtrusive as possible.
(2)
Where feasible, concealment of antennas within existing
structures should be used to reduce visual impacts.
(3)
Where feasible, the use of stealth technology or stealth
structures shall be utilized to minimize the visual impacts of freestanding
WTFs.
(4)
All new freestanding WTFs must be designed to allow collocation
by one or more additional wireless carriers.
(5)
All accessory structures, such as equipment, equipment
cabinets, etc., used in conjunction with a WTF which is located on a building,
must be located either on the roof of the building, within the building or
in a separate structure on the property which is screened by landscaping and/or
fencing to the satisfaction of the Planning Board.
(6)
All equipment, equipment cabinets, etc. used in conjunction
with the operation of either a new freestanding WTF, a collocated WTF on an
existing freestanding structure or a WTF on a public utility structure shall
be enclosed in an equipment shed or shelter.
(7)
Existing on-site vegetation shall be preserved or improved,
and disturbance of the existing topography shall be minimized, unless such
disturbance would result in less visual impact of the site to the surrounding
area.
(8)
Landscaping must be used to screen all new freestanding WTFs and a landscape plan must be submitted with any applications to erect freestanding WTFs. The Planning Board may require landscaping or buffer areas in excess of the requirements in Chapter 280 (Zoning) of the Glen Cove City Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any accessory structures shall be landscaped.
(9)
All new freestanding WTFs and associated accessory structures
shall be enclosed by fencing not less than six feet in height and shall also
be equipped with appropriate anticlimbing devices. Fencing shall be of chain
link, wood or other approved alternative.
(10)
WTFs shall not be artificially lighted, unless required
by the Federal Aviation Administration or federal or state law.
(a)
If lighting is required, the Planning Board may review
the available lighting alternatives and approve the design that would cause
the least disturbance to the surrounding views and properties.
(11)
No signage or other identifying markings of a commercial
nature for the purpose of advertising shall be permitted upon any tower or
alternative tower structure.
A.
The Planning Board and/or BDA may hire any consultant
and/or expert necessary to assist in reviewing and evaluating the application
and any requests for recertification.
B.
An applicant shall deposit with the City funds sufficient
to reimburse the Planning Board and BDA for all reasonable costs of consultant
and expert evaluation in connection with the review of any application. The
initial minimum deposit shall be $7,500. These funds shall accompany the filing
of an application, and the City will maintain a separate escrow account for
all such funds. The City's consultants/experts shall bill or invoice the City
no more frequently than monthly for their services in reviewing the application
and performing their duties. If, at any time during the review process, this
escrow account has a balance less than $2,500, the applicant shall immediately,
upon notification by the City, replenish said escrow account so that it has
a balance of at least $5,000. Such additional escrow funds shall be deposited
with the City before any further action or consideration is taken on the application.
In the event that the amount held in escrow by the City is more than the amount
of the actual billing or invoicing at the conclusion of the review process,
the difference shall be promptly refunded to the applicant.
C.
The total amount of the funds set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as reasonably required and requested by the City, shall be paid by the applicant.
A.
The Planning Board shall be the lead agency pursuant
to the State Environmental Quality Review Act (SEQRA). In addition, the Planning
Board shall review the application pursuant to its site plan review authority,
including any environmental criteria or considerations contained therein.
B.
The Planning Board may refer any application or part
thereof to any other agency or committee for comments and nonbinding recommendations.
C.
The Planning Board may require an applicant to supplement
any information that the Board considers inadequate or that the applicant
has failed to supply. The Planning Board may make recommendations to the applicant
for revision or deny an application on the basis that the applicant has not
satisfactorily supplied the information required in this subsection.
D.
Notwithstanding that a potential site may be situated
in an area of highest priority or highest available priority, the Planning
Board shall consider the following factors in reaching a decision:
(1)
Public health, safety and welfare and related codes and
requirements.
(2)
Traffic needs or traffic laws, or definitive plans for
changes in traffic flow or traffic laws.
(3)
The historic nature of a neighborhood or historical district.
(4)
The use or construction of a WTF which is contrary to
an already stated purpose of a specific zoning or land use designation.
(5)
The placement and location of a WTF which would create
an unacceptable risk, or the probability of such, to residents, the public,
employees and agents of the City, or employees of the service provider or
other service providers.
(6)
Surrounding tree coverage and foliage.
(7)
Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(8)
Conflicts with the provisions of this chapter.
(9)
The public necessity of the proposed WTF.
(10)
Whether the proposed WTF will have an adverse visual
impact.
(11)
Whether the proposed WTF will serve to diminish property
values.
(12)
Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of new towers and/or structures.
The extent and parameters of a SUP for a WTF shall be as follows:
A.
Such SUP may, following a hearing upon prior notice of
at least 30 days to the applicant, be revoked, canceled, or terminated for
a violation of the conditions and provisions of the SUP for the WTF, or for
a material violation of this chapter after prior written notice to the applicant
and the holder of the SUP.
B.
A holder of a SUP granted under this chapter shall obtain,
at its own expense, all permits and licenses required by applicable law, rule
or regulation and must maintain the same, in full force and effect, for as
long as required by the City or other governmental entity or agency having
jurisdiction over the applicant.
C.
Applicants shall submit information on the proposed radio
frequency emissions of their proposed WTF and demonstrate how this meets FCC
standards. Applicants shall submit evidence of compliance with FCC standards
on a yearly basis to the City. If new, more restrictive standards are adopted,
the antennas shall be made to comply, or continued operations may be restricted
by the City Council. The cost of verification of compliance shall be borne
by the owner and operator of the tower.
D.
All wireless telecommunication facilities shall be certified
by an engineer to be structurally sound and in conformance with the requirements
of the Building Code and all other construction standards set forth by the
City's Code and federal and state law. Such certification shall be submitted
with an application pursuant to this chapter. The owner of the WTF may be
required by the City to submit more frequent certifications should there be
reason to believe that the structural and electrical integrity of the WTF
is jeopardized.
E.
Owners of a WTF and owners of an antenna support structure
shall at all times employ ordinary and reasonable care and shall install and
maintain in use nothing less than commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage, injuries,
or nuisances to the public.
F.
Owners of a WTF shall install and maintain towers, antennas,
antenna attachments, accessory structures, wires, cables, fixtures and all
other equipment of the WTF in substantial compliance with the requirements
of the National Electric Safety Code and all FCC, state, and local regulations,
and in such manner that will not interfere with the use of other property.
G.
All WTFs and antenna support structures shall at all
times be kept and maintained in good condition, order, and repair so that
the same shall not menace or endanger the life, health, safety, welfare or
property of any person.
H.
All maintenance or construction of WTFs and antenna support
structures shall be performed by licensed maintenance and construction personnel.
I.
All WTFs shall maintain compliance with current RF emission
standards of the FCC.
J.
In the event that the use of a WTF is discontinued by
the WTF owner, the WTF owner shall provide written notice to the City of its
intent to discontinue use and the date when the use shall be discontinued.
K.
Owners of a WTF shall provide the BDA with a certification
every 90 days stating that the WTF is in compliance with all applicable regulations
and does not pose any threat which shall endanger the health, safety and general
welfare of the community.
A.
To the extent that the holder of a SUP for a WTF has
not received relief or is otherwise exempt from appropriate state and/or federal
agency rules or regulations, then the holder of such a SUP shall adhere to,
and comply with, all applicable rules, regulations, standards, and provisions
of any state or federal agency, including, but not limited to, the FAA and
the FCC. Specifically included in this requirement are any rules and regulations
regarding height, lighting, security, electrical and RF emission standards.
B.
To the extent that applicable rules, regulations, standards,
and provisions of any state or federal agency, including but not limited to
the FAA and the FCC, and specifically including any rules and regulations
regarding height, lighting, and security, are changed and/or are modified
during the duration of a SUP for a WTF, then the holder of such a SUP shall
conform the permitted WTF to the applicable changed and/or modified rule,
regulation, standard, or provision within a maximum of 24 months of the effective
date of the applicable changed and/or modified rule, regulation, standard,
or provision, or sooner as may be required by the issuing entity.
All WTFs and antennas shall be located, fenced or otherwise secured
in a manner which prevents unauthorized access. Specifically:
A.
All antennas, towers and accessory structures shall be
made inaccessible to individuals and constructed or shielded in such a manner
that they cannot be climbed or run into.
B.
Transmitters and telecommunications control shall be
installed such that they are readily accessible only to persons authorized
to operate or service them.
A.
In order to verify that the holder of a SUP for a WTF
and any and all lessees, renters, and/or licensees of WTFs place, construct
and maintain such facilities, including towers, antennas, antenna attachments
and accessory structures, in accordance with all applicable technical, safety,
fire, building, and zoning codes, laws, ordinances and regulations and other
applicable requirements, the City shall have authority to enter onto the property
upon which the WTF is located to inspect all facets of said permit holder's,
renter's, lessee's, licensee's, or owner's placement, construction, modification
and maintenance of such facilities, including, but not limited to, towers,
antennas, antenna attachments, accessory structures, buildings or other structures
constructed or located on the permitted site.
B.
The City reserves the right to conduct such inspections
at any time, upon reasonable notice to the property owner and operator of
the WTF. All expenses related to such inspections by the City shall be borne
by the owner of the premises one which the WTF is located, and also the owner
of the WTF.
C.
A fee shall be paid by the permit holder to the City
in the amount of $750 for an annual inspection of the telecommunications facility
by the City to ensure the structural integrity of the facility.
The holder of the SUP shall, annually, certify in writing to the City
that NIER levels at the site are within the threshold levels adopted by the
FCC. The certifying engineer must be licensed to practice engineering in the
State of New York.
A.
A holder of a SUP for a WTF shall secure and at all times
maintain public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage, in the amount of $5,000,000 for the
duration of the SUP in amounts as set forth below:
B.
The commercial general liability insurance policy shall
specifically include the City as an additional named insured.
C.
The insurance policies shall be issued by an agent or
representative of an insurance company licensed to do business in the State
of New York and with an A.M. Best's rating of at least B-.
D.
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the City with at least 30 days' prior written
notice in advance of the cancellation of the insurance. The holder of the
SUP shall also be required to inform the City with at least 30 days' prior
notice written in advance of the cancellation of the insurance. Such notification
shall be by certified mail, return receipt requested.
E.
Renewal or replacement policies or certificates shall
be delivered to the City at least 15 days before the expiration of the insurance
which such policies are to renew or replace.
F.
Before construction of a permitted WTF is initiated,
but in no case later than 15 days after the grant of the SUP, the holder of
the SUP shall deliver to the City a copy of each of the policies or certificates
representing the insurance in the required amounts.
A.
Any application for a WTF that is proposed for City property
shall contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by the law, to at all
times defend, indemnify, protect, save, hold harmless, and exempt the City,
and its officers, boards, 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, either at
law or in equity, which might arise out of or are caused by the placement,
construction, erection, modification, location, products performance, use,
operation, maintenance, repair, installation, replacement, removal, or restoration
of said WTF. With respect to the 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 City.
A.
All carriers shall have installed at their WTFs the ability
to disable the use of the WTF at an off-site monitoring location.
B.
In the event of a malfunction, the carrier shall have
the ability to discontinue the use.
C.
There shall be placed at the entrance to the WTF a sign
indicating the owner, address and telephone number for emergency contacts.
D.
Any malfunction of a WTF, which shall endanger the health,
safety and general welfare of the community, shall cause the carrier to notify
the Building Department in writing within 24 hours of the event. Such notification
shall be made by electronic communication and certified mail, return receipt
requested, at addresses to be provided by the BDA.
E.
Failure on the part of the carrier to provide the Building
Department of this notification shall be grounds to suspend the operating
license for a period no less than 30 days. The carrier shall present to the
City Council the reason for failure to notify the City.
A.
If it has been determined that a WTF is abandoned or
has become unsafe or that there have been recurring, repeated or continuing
violations of any of the provisions of this chapter, the BDA may revoke an
ALP or special use permit.
B.
Upon written notice to the former holder of the revoked
permit, the WTF shall be removed.
C.
The City shall have the right to remove any abandoned or unsafe WTF, and is entitled to utilize the performance bond provided for under § 255-6B(11) of this chapter to cover the costs related thereto.
A.
Any person who attempts to erect, erects or substantially
modifies a WTF without having first obtained the necessary permits or permissions
described in this chapter shall be deemed in violation of this chapter. Any
responsible party or other persons convicted by a court of competent jurisdiction
of violating any provision of this chapter shall be punished by a fine not
to exceed $5,000 or by imprisonment not to exceed 30 days, or both. The court
shall have the power and authority to place any person guilty of violation
of this chapter on probation and to suspend or modify any fine or sentence.
As a condition of such suspension, the court may require payment of restitution
or impose other punishment allowed by law. Each and every day such violation
continues may be deemed a separate offense.
B.
If any structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained in violation of this chapter or
without obtaining any required permits or permissions, or if any building,
structure or land is used in violation of this chapter, the City, in addition
to any other remedies, may institute proceedings to prevent such unlawful
violation or to correct or abate such violations. Each and every day such
violation continues may be deemed a separate offense.
A.
If any section, subsection, sentence, clause, phrase
or portion of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity
of the remaining portions hereof.
B.
This chapter supersedes all ordinances and local laws
or parts thereof adopted prior hereto which are in conflict herewith, to the
extent of such conflict.
