The Board of Trustees of the Village of Tarrytown
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 Tarrytown 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
collocation and multiple use of WTSFs to the extent reasonably permissible.
E. Encourage the siting of WTSFs on existing or other
planned or approved WTSFs.
F. Encourage the use of alternative technologies, which
eliminate the need for new or additional WTSFs in the Village.
G. Where the siting of a WTSF within the Village is proven
to be necessary, to limit new WTSFs to existing nonresidential buildings
and areas zoned for industrial and commercial uses.
For purposes of this Article
XIII, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. 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.
ACCESSORY FACILITY OR STRUCTURE
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.
ANTENNA
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.
ANTENNA ARRAY
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).
ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY
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.
BOARD
The Planning Board of the Village of Tarrytown is the designated
agency or body of the Village to which applications for a compatible
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 compatible use permits
for telecommunications facilities.
COLLOCATION
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.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FREESTANDING TOWER
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.
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
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.
OCCUPIED BY THE PUBLIC
Areas not under the control of the owner or operator of the
facility to the exclusion of all others.
PERSON
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.
STEALTH
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.
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
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."
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
A facility or structure designed or intended to be used or
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, guyed 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.
The following compatible use permit standards
and requirements shall apply to all WTSFs. No compatible use permit
approval shall be granted unless the Planning Board makes the findings
in writing that the application fulfills all of the purposes and meets
all of the requirements of this article.
Except as provided hereinafter, no WTSF shall
be located, constructed or maintained on any building, structure or
land area in the Village of Tarrytown, except in conformity with the
requirements of this article and all other applicable regulations.
Any alteration of an existing WTSF must comply with requirements of
this article and all other applicable regulations.
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 is 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 Board may
require installation of such upgraded facilities upon renewal of the
compatible use permit or if the WTSF is being altered.
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.
Noise-producing equipment shall be sited and/or insulated to conform to Chapter
215, Noise, of the Code of the Village of Tarrytown.
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.
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 Best) 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.
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.
All decisions of the Board involving applications
for WTSFs shall be in writing and supported by substantial evidence.
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. 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.