It is the express purpose of this article to minimize the visual
and environmental impacts of wireless communication facilities while
protecting the health, safety and welfare of Southold's citizens and
allowing wireless service providers to meet their technological and
service objectives. In addition, the regulation of wireless facilities,
including the type of structure, is intended to protect the scenic
and aesthetic qualities of the Town of Southold. This article allows
wireless communication facilities in certain preferred locations to
be reviewed and approved in keeping with the Town's existing zoning
and historic development patterns, including the size and spacing
of structures.
The regulations of this article shall govern and control the
erection, enlargement, expansion, alteration, operation, maintenance,
relocation and removal of all wireless communication facilities. The
regulations of this article relate to the location and design of these
facilities and shall be in addition to the provisions of the Southold
Building and Zoning Codes and any other federal, state or local laws
or Federal Communication Commission (FCC), Federal Aviation Administration
(FAA) or other regulations pertaining to such facilities. Nothing
herein shall be construed to, apply to, prohibit, regulate or otherwise
affect the erection, maintenance or utilization of antennas or support
structures by those licensed by the Federal Communications Commission
pursuant to Title 47 of the Code of Federal Regulations, Part 97,
to operate amateur radio stations, or satellite antennas that are
used for individual business or residential voice, data, or video
communications.
As used in this article, the following terms shall have the
meanings set forth below:
ANTENNA
Any transmitting or receiving device, including whip (omnidirectional
antenna), panel (directional antenna), disc (parabolic antenna) or
similar device, mounted in or on a tower, monopole, building or structure
and used in communications that radiate or capture electromagnetic
waves, digital signals, analog signal, radio frequencies (excluding
radar signals), wireless telecommunications signals or other communications
signals.
ANTENNA SUPPORT STRUCTURE
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for wireless telephone,
television, radio and similar communication purposes, including monopoles.
Lattice and guyed towers are not permitted antenna support structures.
The term includes radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, camouflaged
tower structures, and the like. The term includes the structure and
any support thereto. The term does not include wireless facilities
located in or on existing buildings or structures that previously
existed or are being constructed for a primary purpose other than
a wireless facility, e.g., water tower, electric utility pole, or
church steeple.
BASE STATION EQUIPMENT
Equipment integral to the operation of an antenna system.
Base station equipment typically includes, but is not limited to,
communications equipment cabinet/shelter, backup power supplies, generators,
electric and telecommunications backboards, wiring, grounding loops,
equipment enclosures, security fencing and lighting.
CO-LOCATION
The use of a single mount on the ground by more than one
provider (vertical co-location) and/or several mounts on an existing
tower, building or structure by more than one carrier for the purpose
of transmitting and/or receiving radio frequency signals for communications
purposes.
EQUIPMENT SHELTER
An enclosed structure associated with the mount within which
is housed the base station equipment for a wireless communications
facility.
FALL ZONE
The area on the ground within a prescribed radius from the
base of a wireless communications facility. The fall zone is the area
within which there might be a potential hazard from falling debris
or collapsing material, including the antenna support structure.
HEIGHT
When referring to a tower or other antenna support structure,
the height is the distance from the top of the structure at its highest
point, including antennas, lightning protection devices or any other
apparatus attached to the top of the antenna support structure, to
the base of the structure, measured in feet above ground level (AGL).
Absolute height is the distance from the top of the structure, including
all attachments, to the height of mean sea level (MSL).
LATTICE ANTENNA SUPPORT STRUCTURE
An antenna support structure that has open-framed supports
on three or four sides and is constructed without guy wires and ground
anchors.
MODIFICATION
The addition, removal, or change of any of the physical and
visually discernible components or aspects of a wireless facility,
such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernible components, vehicular access, parking and/or an upgrade
or replacement of the equipment. Adding a new wireless carrier or
service provider (co-location) to a wireless communications tower
or site is a modification. Modifications also include: extending the
height of the antenna support structure above its current height,
changing the footprint of the structure, expansion of the base station
equipment or compound area, addition of antennas to an existing carrier's
antenna array, re-orientation or relocation of existing antennas,
changes affecting the operating frequencies, effective radiated power
or number of operating channels. A modification shall not include
ordinary maintenance, as defined herein.
MONOPOLE
A freestanding antenna support structure consisting of a
single pole, without guy wires or ground anchors.
MOUNT
The structure or surface upon which antennas are mounted
and/or the location of the antenna, e.g.:
D.
FLUSH-MOUNTEDMounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent.
E.
INTERIOR-MOUNTEDMounted within a building or other structure so that the antennas are not visible from the outside.
ORDINARY MAINTENANCE
Work done to an existing wireless telecommunications facility
and antenna support structure for the purpose of maintaining them
in good operating condition. Ordinary maintenance includes inspections
and testing to maintain functionality, aesthetic and structural integrity,
and involves the normal repair of a wireless facility including the
like-for-like replacement of damaged or defective components without
otherwise adding, removing, or substantially changing anything and
therefore does not include modifications.
RADIO FREQUENCY (RF) SIGNAL
The actual beam or radio waves sent and received by a wireless
facility. A signal is the deliberate product of a wireless antenna.
The RF radiation is the by-product.
WIRELESS COMMUNICATIONS FACILITY
Antenna or antenna support structure and base equipment,
either individually or together, including permanent or temporary
movable facilities (i.e., wireless facilities mounted on vehicles,
boats or other mobile structures) used for the provision of any wireless
service.
WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services,
and common-carrier wireless exchange services, including, but not
limited to, voice, data, images or other information, cellular telephone
service, personal communications service (PCS), enhanced specialized
mobile radio (ESMR) service, and paging service.
All wireless communication facilities, and modifications to such facilities (as defined in §
280-69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §
280-71A(2) and §
280-71B(2), and except in cases of ordinary maintenance as defined in §
280-69.
A. Building permit required.
(1) All applications for a building permit shall comply with §
280-70, General requirements for all wireless communication facilities, and §
280-74, application requirements.
(2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval, and special exception approval, if it conforms to §
280-70 and falls in one of the following two categories:
(a)
New wireless facility that is interior-mounted in an existing
building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning
District which conforms to the following requirements:
[1]
Interior-mounted facilities in existing buildings shall be constructed
so that the outward appearance of the building or structure before
and after the installation is complete is identical or nearly identical.
The addition of a significant architectural feature onto an existing
building that is visible from outside for the purpose of accommodating
interior-mounted antennas shall require site plan approval; and
[2]
Base station equipment:
[a] Located within an existing shelter or building,
not to be expanded beyond an additional 10% of floor area; or
[b] Located in an underground vault, with any aboveground
components screened from view with evergreen planting; or
[c] Entirely concealed from view with dense evergreen
planting so that all equipment, shelters, fences, gates and other
associated structures are not visible from any vantage point. Plantings
shall be of sufficient size to achieve this screening effect immediately
upon planting;
[d] Noise from base equipment, including any backup
generator, measures less than 45dB at all adjacent property lines;
or
(b)
Modification, as defined in §
280-69, including co-location, of an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements:
[1]
Modifications causing essentially no visible change in the appearance
of the exterior means that the antennas are interior-mounted in the
existing structure and are not visible from the outside after installation.
Exceptionally well-designed flush-mounted antennas may also fall into
this category if they present no visible profile protruding from the
surface to which they are mounted, and are camouflaged to blend in
with the background surface to which they are mounted; and
[2]
Base station equipment, as specified above in Subsection
A(2)(a)[2].
B. Site plan approval required.
(1) All applications for site plan approval shall comply with §
280-70, General requirements for all wireless communication facilities, and §
280-74, Application fees and requirements.
(2) Building permit and site plan only. A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to §
280-70 and falls in one of the following two categories:
(a)
New wireless facility that is interior, roof- or side-mounted
to an existing building or existing structure in the LI, LIO, B, HB,
MI, or MII Zoning District which conforms to the following requirements:
[1]
Interior-mounted facilities that exceed the requirements of §
280-71A(2)(a).
[2]
Roof-mounted facilities shall conform to the following requirements:
[a] Visual impact minimized to the greatest extent
possible;
[b] Height limited to no more than 10 feet above the
highest point of the building; and
[3]
Side-mounted facilities shall be flush-mounted and painted or
otherwise camouflaged to blend with the facade or background materials
of the structure; and
[4]
Base station equipment is as specified above in Subsection
A(2)(a)[2]; or
(b)
Modification, as defined in §
280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements:
[1]
Co-locations shall not extend the height of the structure more
than 10 feet over the original approved structure. To prevent the
incremental extension of height over time, any subsequent application
with a proposed extension beyond the first 10 feet shall require special
exception review and approval; and
[2]
Base station equipment shall be as specified above in Subsection
A(2)(a)[2].
C. Special exception. All applications for special exception shall comply with the standards in §
280-70, General requirements for all wireless telecommunication facilities, and §
280-74, Application fee and requirements.
No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to Chapter
170, Landmark Preservation:
A. Any wireless communication facility located on or within an historic
structure listed by federal, state or Town agencies shall not alter
the character-defining features, distinctive construction methods
or original materials of the building.
B. Any alteration made to an historic structure to accommodate a wireless
communication facility shall be fully reversible.
C. Wireless communication facilities within an historic district listed
by federal, state or Town agencies shall be concealed within or behind
existing architectural features, so that they are not visible.
In approving a site plan or special exception, the Planning
Board may waive or modify the following criteria if it finds that
the goals and stated purposes of this article are better served by
doing so, and that there is no detriment to the public health, safety
and welfare.
A. Section
280-70I(2), Maximum height: 80 feet. In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure.
B. Section
280-70I(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible.
C. Section
280-72A(6), Scenic landscapes and vistas. The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure.
D. Section
280-70N(4), Base equipment shelter landscaping. The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads.
E. Section
280-72A(9), Antenna support structures in or adjacent to residential zones. If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences.
F. Section
280-76.1A and
B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those preexisting facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible.
With the exception of relief from the denial of an application for special exception approval pursuant to §
280-73, any applicant desiring any other relief or exemption from the requirements of this article may seek a variance from the Zoning Board of Appeals in accordance with Article
XXVI of this chapter.
The various parts, sections and clauses of this article are
hereby declared to be severable. If any clause, sentence, paragraph,
section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect
the validity of this article as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.
This article shall take effect immediately upon filing with
the Secretary of State.