As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED
Any facility which has not been operational for six consecutive months.
ACCESSORY STRUCTURE
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.
ANTENNA
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.
ANTENNA ARRAY
A set or group of antennas aligned at the same height for use by
a particular carrier of telecommunications wireless services.
ANTENNA SUPPORT STRUCTURE
Any building or structure, other than a freestanding tower, used
to support antennas used in personal wireless services.
APPLICANT
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.
APPLICATION
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.
CAMOUFLAGE
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.
CITY
The City of Glen Cove, County of Nassau, State of New York.
CITY COUNCIL
The elective governing body of the City of Glen Cove.
COLLOCATION
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.).
COMPLETED APPLICATION
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.
CONTROLLER
The chief fiscal officer of the City of Glen Cove.
EAF
The environmental assessment form approved by the New York State
Department of Environmental Conservation.
ENGINEER
Any person licensed by the State of New York to practice engineering
services.
EQUIPMENT
Computers, batteries, generators, transmission equipment and cabinets,
etc., which are utilized to power and/or operate a wireless telecommunications
facility.
FAA
The Federal Aviation Administration, or its duly designated and authorized
successor agency.
FACILITY
A wireless telecommunications facility.
FCC
The Federal Communications Commission, or its duly designated and
authorized successor agency.
FREESTANDING WIRELESS TELECOMMUNICATIONS FACILITY
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.
HEIGHT
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.
INCUMBENT WIRELESS TELECOMMUNICATIONS FACILITY
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.
NIER
Nonionizing electromagnetic radiation.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
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.
PUBLIC UTILITY
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.
PUBLIC UTILITY STRUCTURE
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.
SEQRA
The State Environmental Quality Review Act.
SITE
The property, including all buildings and structures located thereon,
on which a wireless telecommunications facility is, or is proposed to be,
located.
SPECIAL USE PERMIT
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").
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and other information
by wire, radio frequency, light and other electronic or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
Any structure used in, associated with or necessary for the provision
of wireless services as described in the definition of "wireless telecommunications
facility."
TOWER
A type of structure used to support wireless telecommunications facilities.
WIRELESS TELECOMMUNICATIONS FACILITY
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.
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:
(1) Towers and/or antennas shall comply with all existing
setback requirements of the zoning district where the tower or antenna is
proposed.
(2) Accessory buildings shall satisfy the minimum zoning
district setback requirements in the zoning district where the tower or antenna
is proposed.
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.
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.
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.
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.