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.Â
Promote the safety and welfare of the residents of
the Village and surrounding communities.
B.Â
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.Â
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.Â
Maximize the use of any proposed site by encouraging
collocation and multiple use of WTSFs to the extent reasonably permissible.
E.Â
Encourage the siting of WTSFs on existing or other
planned or approved WTSFs.
F.Â
Encourage the use of alternative technologies, which
eliminate the need for new or additional WTSFs in the Village.
G.Â
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.
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 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.
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.
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.
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.
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 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.
A.Â
Location priorities.
(1)Â
Notwithstanding any other provision of the Zoning
Code or any other local law, WTSFs may, subject to the provisions
of this article, be 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,
Number 1 being the highest priority and Number 8 being the lowest
priority:
|
Priority
Ranking
|
Location
| |
|---|---|---|
|
1
|
Collocation on a site with existing telecommunications
towers or structures containing existing telecommunications facilities
on nonresidential buildings in nonresidential areas
| |
|
2
|
Existing nonresidential structures greater than
20 feet in height (above ground level)
| |
|
3
|
Industrial or commercial zone districts
| |
|
4
|
Other nonresidential areas
| |
|
5
|
Collocation on existing telecommunications towers
or structures in residential districts
| |
|
6
|
Existing residential structures under compatible
use permit for commercial use
| |
|
7
|
Existing residential structures more than five
stories in height
| |
|
8
|
Other property in the Village
|
(2)Â
If the proposed WTSF is not to be on a site with existing
telecommunications towers or structures containing existing telecommunications
facilities on nonresidential buildings in nonresidential areas, then
a detailed explanation must be provided as to why a site of a higher
priority is not being proposed by the applicant. 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 demonstrate that the applicant cannot
achieve coverage utilizing sites with a higher priority of preference.
In addition to the above, in all cases, including where the proposed
WTSF is to be on a site of the highest priority (i.e., a site with
existing telecommunications towers or structures containing existing
telecommunications facilities on nonresidential buildings in nonresidential
areas), the applicant must include an analysis of all the possible
alternatives, even if the alternative is of the same priority as the
proposed site, and include the basis why each listed alternative is
not preferable to the proposed location.
(3)Â
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.
(4)Â
An application shall address collocation as an option.
If collocation is not proposed, the applicant must explain why collocation
is commercially or otherwise impracticable. Agreements limiting or
prohibiting collocation shall not be a valid basis for any claim of
commercial impracticability or hardship.
(5)Â
Notwithstanding the above, the Board may approve any
site located within an area in the above list of priorities, provided
that the Board finds that the proposed site is one that is in the
best interest of the health, safety and welfare of the Village and
its inhabitants.
B.Â
The applicant shall submit 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).
C.Â
The applicant shall, in writing, identify and disclose
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.
D.Â
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)Â
Safety and safety-related codes and requirements.
(2)Â
Traffic patterns or traffic laws.
(3)Â
The 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)Â
Proximity to residences or other noncommercial uses
so as to create discernible impact upon any adjoining property by
virtue of visual or aesthetic impacts that are out of keeping with
the area.
(5)Â
The Village Zoning Code or the Village Comprehensive
Plan.
A.Â
Location of antennas on existing WTSFs shall be considered
and preferred over the construction of new telecommunications towers
or facilities. Where such shared use 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.
B.Â
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.
C.Â
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.
D.Â
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 search
radius of 1.5 miles of the proposed WTSF due to one or more of the
following reasons:
(1)Â
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)Â
The antenna would cause interference materially impacting
the function of another 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)Â
Existing or approved WTSFs and buildings within the
search radius of 1.5 miles 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)Â
Other bona fide reasons make it infeasible or undesirable
to locate the antenna upon an existing or approved WTSF.
E.Â
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
The applicant/provider shall prepare a visual impact
assessment of the proposed WTSF based upon appropriate modeling, photography
and other pertinent analytical techniques as required by the 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 street and existing
residential views of the Hudson River.
D.Â
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.Â
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.Â
All ground-based equipment and utilities shall be
located underground to the extent feasible.
G.Â
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. WTSFs shall
not materially alter or interfere with existing views to or from the
Hudson River or surrounding areas.
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.
A.Â
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 be certified to conform with
the maximum NIER exposure standards promulgated by the FCC, as amended.
This certification shall include a report prepared in accordance with
FCC Office of Engineering and Technology Bulletin 65, 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.Â
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.
C.Â
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.Â
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.Â
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 conditional use permit approval shall be deemed to be an offense
punishable by fine in accordance with this article.
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.
A.Â
In the case of an application for approval of a WTSF
to be located on lands owned by a party other than the applicant or
the Village, a copy of the lease agreement with the property owner,
together with any subsequent modifications thereof, shall be provided
to the Board and a copy shall be filed with the Village Clerk.
B.Â
The Board, at its discretion and in cooperation with
the involved parties, shall allow proprietary information contained
in such lease which is unrelated to the requirements of this chapter
or the conditions of the approvals for the WTSF to be kept confidential.
A.Â
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 a 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 Tarrytown. The owner of the WTSF and each of the
WTS providers on any approved WTSF shall provide written certification
of the status of the use and necessity of the WTSF, or any portion
thereof, on a quarterly basis.
B.Â
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 Tarrytown 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.Â
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.Â
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.Â
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.
A.Â
All applicants for a compatible use permit for a WTSF
or any modification of such facility shall comply with the requirements
set forth in this section. All applicants for a compatible use permit
for a WTSF shall be submitted to the Board for consideration.
B.Â
Applications shall indicate compliance with site plan
and compatible use permit procedures and requirements as described
in this chapter. In addition, applicants shall be required to submit
the following:
(1)Â
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.
(2)Â
A full environmental assessment form (EAF), Part I,
and the visual EAF addendum (Appendix A and Appendix B, 6 NYCRR Part
617.20), including graphic information in the form of photographs
or computer-generated images with the wireless telecommunications
facility superimposed, that portrays the visual impact of the facility
from various vantage points determined by the Board.
(3)Â
A report signed by a licensed professional engineer with expertise in radio communication facilities and, as to Subsection B(3)(d), (e), (f) and (g), by a professional having expertise in radio frequency emissions, containing the following:
(a)Â
The number, type and design of the proposed
antenna array.
(b)Â
The make, model and manufacturer of the proposed
antenna array.
(c)Â
A description of the proposed antenna array
and all related fixtures, structures, appurtenances and apparatus,
including height above ground level, materials and lighting.
(d)Â
The frequency, modulation and class of service.
(e)Â
Transmission and maximum effective radiated
power.
(f)Â
Direction of maximum lobes and associated radiation.
(g)Â
Certification that the NIER levels based on
the maximum equipment output at the proposed site comply with emission
standards adopted by the FCC, such certification to be updated periodically
as determined by the approving authority.
(h)Â
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 Tarrytown.
Separate signal level propagation plots shall be required for each
existing, planned, approved and proposed WTSF.
C.Â
These information requirements may be supplemented
or modified by the Board in its discretion, depending on the nature
and circumstances 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.
D.Â
A report signed by a licensed professional engineer
specializing in structural engineering, containing the following:
(1)Â
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)Â
In the case of a wireless telecommunications facility
with support structure, documentation that the structure is capable
of sustaining wind pressure and overturning movement in accordance
with New York State Uniform Fire Prevention and Building Code and
is provided with lightning protection in accordance with the 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.
E.Â
Certification that the applicant will allow collocation as provided for in § 305-85, including a statement that all reasonable efforts have been made to collocate 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 Tarrytown.
F.Â
If collocation is not proposed, certification and
supporting evidence that collocation is not feasible.
G.Â
Certification and supporting evidence that the proposed
antenna array will not cause interference with existing communication
devices.
H.Â
A statement of anticipated on-site service needs,
including frequency of service visits and types of vehicles used for
service.
I.Â
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;
screening elevations of fences; and materials used.
J.Â
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.
K.Â
A copy of the FCC license and 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.
L.Â
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 collocation of all other future wireless
telecommunications service 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.
M.Â
A bond in form and amount acceptable to the Village
Attorney sufficient to ensure the safe and timely removal of the wireless
telecommunications facility in case of abandonment, such bond to be
renewed annually.
A.Â
When additional expertise is needed, the Board may
hire any consultant and/or expert to assist the Board in reviewing
and evaluating the application for a compatible use permit. 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.Â
Upon filing of its application, an applicant shall
deposit with the Village funds in the amount of $5,000 or such other
amount as the Board deems applicable to reimburse the Board for all
reasonable costs of consultant and expert evaluation and consultation
to the Board 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 Board, make an
additional deposit in an amount required by the Board.
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.
