[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 6-5-2006 by L.L. No. 3-2006. Amendments noted where
applicable.]
A.
Purpose. The purpose of this chapter is to establish predictable
and balanced regulations for the site and screening of wireless telecommunications
facilities in order to accommodate the growth of telecommunications
services within the Village of Greenwood Lake. Said regulations are
intended to maximize the use of existing towers, tall buildings, and
other high structures to reduce properties from tower failure through
structural standards and setback requirements, and protect the natural
features and aesthetic character of the Village, with special attention
to open space, mountain ridges, recreation areas, scenic roads, viewsheds
and historic sites, through careful design, site, landscaping, screening
and innovative camouflaging techniques.
B.
Consistency with federal regulations. These regulations are not intended
to prohibit or have the effect of prohibiting the provision of personal
wireless services (PWS), nor shall they be used to discriminate among
providers of functionally equivalent services, consistent with federal
regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
A measurement of height from the natural grade of a site
to the highest point of a structure.
A wireless telecommunications facility that is disguised,
hidden, part of an existing or proposed structure, placed within an
existing or proposed structure or completely hidden by surrounding
vegetation is considered camouflaged.
A company, licensed by the Federal Communications Commission
(FCC), that provides personal wireless services.
The use of a single wireless telecommunications facility,
either on the ground or on an existing building or structure, by more
than one wireless communications carrier.
An enclosed structure, cabinet, shed or box which houses
the electronic receiving and relay equipment for a wireless communications
facility. Associated equipment may include air conditioning and emergency
generators. This term does not include offices, long-term storage
of vehicles or other equipment storage or broadcast studios.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Services include but are not limited to cellular, personal
communication services (PCS), enhanced specialized mobile radio, specialized
mobile radio and paging.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A self-supporting mount constructed of vertical metal struts
and cross braces forming a triangular or square structure which often
tapers from the foundation to the top.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
A self-supporting mount constructed of a single shaft of
wood, steel or concrete with below-grade foundations and a platform
(or racks) for panel antennas arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
GROUND-MOUNTEDMounted on the ground.
New York State-licensed professional engineer.
The emissions from wireless telecommunications facilities.
A certified or licensed radio frequency engineer specializing
in electrical or microwave engineering, especially the study of radio
frequencies.
A small receiver/relay transmitter of not more than 20 watts'
output designed to provide service to areas which are not able to
receive adequate coverage directly from a primary sending and receiving
site in a wireless telecommunications network.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas
and another carrier's array.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission, including
but not limited to whip, panel and dish telecommunications antennas.
A facility for the provision of wireless telecommunications
services, as defined by the Telecommunications Act of 1996, and usually
consisting of an equipment shelter, a mount and/or antenna(s). Repeaters
shall be included in the definition of wireless telecommunications
facilities.
The three types of services regulated by this chapter: commercial
mobile radio services, unlicensed wireless services and common carrier
wireless exchange access services. These services include cellular,
personal communication services (PCS), enhanced specialized mobile
radio, specialized mobile radio and paging. Excluded from this definition
are services used for fire, police and other dispatch communications
or exclusively for private radio and television reception and private
citizen bands, amateur radio and other similar private, residential
communications.
A.
Use regulations. A wireless telecommunications facility shall require
a building permit in all cases. Wireless telecommunications facilities
are permitted in PD-120, PD-200 and R-120 zones only.
(1)
Permitted uses, existing structures. A wireless telecommunications facility may be permitted to locate on any existing guyed tower, lattice tower, monopole, fire tower, water tower, clock tower, bell tower, cross tower, flagpole, road sign, steeple, chimney, silo or other innovative use of appropriate existing structures (as determined by the Planning Board), provided that there is no increase in the height of the existing structure as a result of the installation of the facility. Such installations shall not require a special use permit but will require site plan approval by Planning Board in accordance with § 120-20 of the Village Code.
(2)
Permitted uses, existing buildings. A wireless telecommunications facility may be permitted to locate on any existing building, with the exception of a designated historic structure, provided that the installation of the new facility does not increase the height of the existing building by more than 10 feet. Such installations shall not require a special use permit but will require site plan approval by the Planning Board in accordance with § 120-20.
(3)
Permitted uses, existing utility structures. A wireless telecommunications facility may be permitted to locate on any existing electric utility transmission and distribution tower, telephone pole and similar existing utility structure, provided that the installation of the new facility does not increase the height of the existing structure by more than 20 feet. These facilities may locate in all areas of the Village, where they are permitted by zoning, except within 250 feet of a designated historic structure or within 150 feet of the right-of-way of any scenic road as identified in the Village of Greenwood Lake Comprehensive Plan, provided that the new facility does not increase the height of the existing structure. Such installations shall not require a special use permit but will require site plan approval by the Planning Board in accordance with § 120-20.
(4)
Cellular facilities may be placed upon Village-owned properties with
agreement of the Village Board and issuance of a building permit without
the need for site plan review by the Planning Board or special use
permit approval, provided all regulations within this chapter are
adhered to.
(5)
Special use permit. A wireless telecommunications facility involving construction of one or more ground mounts shall require a special use permit. A special use permit may be granted, provided that the proposed use complies with the height and setback requirements of § 110-3C and the special use permit regulations set forth in § 110-5, is placed to minimize visual and aesthetic impacts and is placed on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline. The Village of Greenwood Lake defines the placement, construction and modification of a wireless telecommunications facility requiring a special use permit as a Type 1 action under the New York State Environmental Quality Review Act (SEQR).
B.
Location. Wireless telecommunications facilities shall only be located, in accordance with § 110-3 and upon the grant of site plan approval and, as applicable, a special use permit, on property which allows public utility, radio and television transmission antennas, as set for in § 110-4 of this chapter. Applicants seeking approval of wireless telecommunication facilities shall comply with the following:
(1)
New wireless telecommunications facilities shall be located on existing
structures, including but not limited to buildings, water towers,
existing telecommunications facilities, silos, utility poles and towers
and related facilities, provided that such installation preserves
the character and integrity of those structures. In particular, applicants
are urged to consider use of existing telephone and electric utility
structures as sites for one or more wireless telecommunications facilities.
If an existing tower is not feasible, the applicant shall have the
burden of proving that there are no feasible existing structures on
which to locate.
(2)
If the applicant clearly proves that it is not feasible to locate on an existing structure, wireless telecommunications facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to the use of compatible building materials and colors, screening, landscaping, placement within trees and the use of stealth technology to disguise the facility as specified in § 110-5A and as determined by the Planning Board.
(3)
The applicant must submit documentation of the legal right to install
and use the proposed facility mount at the time of application for
a building permit and/or special use permit.
C.
Dimensional requirements. Wireless telecommunications facilities
shall comply with the following requirements:
(1)
Height. Maximum height of a wireless telecommunications facility
is limited to 120 feet above ground level (AGL). The Zoning Board
of Appeals may allow wireless telecommunications facilities up to
199 feet if an independent radio frequency consultant determines that
adequate coverage would not be provided by a tower up to 120 feet
and if the applicant can demonstrate that, based upon topography of
the site and surrounding area, site of the antenna, antenna design,
surrounding tree cover and structures and/or through the use of screening,
that off-site views of the facility will be minimized. The height
limitation is waived when the antenna is mounted on an existing structure
or building and is completely camouflaged or is located on an existing
utility structure.
(2)
Setbacks. All wireless telecommunications facilities and their equipment
shelter shall comply with the following requirements:
(a)
To ensure public safety, the minimum distance from the base
of any ground-mounted wireless telecommunications facility to any
property line, road, habitable dwelling, business or institutional
use, accessory structure or public recreation area shall be the height
of the facility/mount, including any antennas or other appurtenances.
This setback is considered the fall zone. Additional setbacks may
be required by the Planning Board to provide for the public safety.
(b)
In the event that an existing structure or building is proposed
as a mount for a wireless telecommunications facility, a fall zone
shall be required unless the Planning Board finds that a substantially
better design will result from a reduced setback. In making such a
finding, the Planning Board shall consider both the visual and safety
impacts of the proposed use.
All wireless telecommunications facilities shall comply with
the performance standards set forth in this section.
A.
Camouflage.
(1)
All wireless telecommunications facilities shall be designed to blend
into the surrounding environment through the use of design and color
except in such instances where color is dictated by federal or state
authorities, such as the Federal Aviation Administration.
(2)
A wireless telecommunications facility which is roof-mounted on a
building shall be concealed within or behind existing architectural
features to limit its visibility from public ways and shall be stepped
back from the front facade in order to limit to impact on the building's
silhouette.
(3)
A wireless telecommunications facility which is side-mounted on a
building shall be painted or constructed of materials to match the
color of the building material directly behind it.
B.
Lighting. Wireless telecommunications facilities shall not be artificially
lighted or display strobe lights unless required by the Federal Aviation
Administration (FAA) or other applicable authority.
C.
Noise. Roof-mounted or side-mounted equipment for wireless telecommunications
facilities shall not generate noise in excess of 50 dB at ground level
at the base of the building closest to the antenna, including standby
power generation equipment.
D.
Radio frequency radiation (RFR) standards. All equipment proposed
for a wireless telecommunications facility shall be authorized per
the FCC Guidelines for Evaluating the Environmental Effects of Radio
Frequency Radiation (FCC Guidelines). The owner of the facility shall
submit evidence of compliance with the FCC standards on a yearly basis
to the Planning Board. If new, more restrictive standards are adopted
by any appropriate federal or state agency, the facility shall be
made to comply or continued operations may be restricted by the Planning
Board, the cost of verification of compliance shall be borne by the
owner and/or operator of the facility.
All wireless telecommunications facilities require a special
use permit and shall comply with the regulations set forth in this
section, in addition to those found in:
A.
Design standards.
(1)
Camouflage. The wireless telecommunications facility shall be designed
to eliminate, to the greatest extent possible, the visibility of the
proposed facility as viewed from a residence, public road or pathway,
or public area by means of concealment, camouflage, disguise, or placement.
The applicant shall make every available effort to ensure that the
visibility of the proposed wireless telecommunications facility is
slight or nonexistent. Wireless telecommunications facilities shall
be camouflaged by vegetation and/or design as follows:
(a)
Camouflage by vegetation. If wireless telecommunications facilities
are not camouflaged from public viewing by existing buildings or structures,
they shall be surrounded by buffers of dense tree growth and under-story
vegetation in all directions to create an effective year-round visual
buffer. Ground-mounted wireless telecommunications facilities shall
provide a vegetative buffer of sufficient height and depth to effectively
screen the facility. Trees and vegetation may be existing on the subject
property or installed as part of the proposed facility, or a combination
of both. The Planning Board shall determine the types of trees and
plant materials and depth of the needed buffer based on site conditions.
(b)
Camouflage by design. In open areas, wireless telecommunications
facilities shall be camouflaged to resemble or mimic a native coniferous
species of tree or by other means, such as new construction of a silo,
flagpole, clock tower, bell tower, cross tower, steeple or other innovative
replication of a structure that would be consistent with the character
of the community as determined by the Planning Board.
(2)
Lighting. Wireless telecommunications facilities shall not be artificially
lighted or display strobe lights unless required by the Federal Aviation
Administration (FAA) or other applicable authority. Security lighting
of equipment structures and other facilities on site shall be shielded
from abutting properties. There shall be total cutoff of all light
at the property lines of the parcel to be developed, and footcandle
measurements at the property line shall be 0.25 initial footcandle
when measured at grade.
(3)
Signs.
(a)
Signs shall be limited to those needed to identify the property
and the owner and to warn of any danger. No advertising is permitted
anywhere on the facility, with the exception of the identification
signage. All signs comply with the requirements of the Village's
sign regulations.
(b)
All ground-mounted wireless telecommunications facilities shall
be surrounded by security barrier which shall be posted with "no trespassing"
signs. A twenty-four-hour emergency telephone number shall be posted
adjacent to the entry gate. If high voltage is necessary for the operation
of equipment within the facility, signs shall be posted stating "Danger
High Voltage."
(4)
Equipment shelters. Equipment shelter for wireless telecommunications
facilities shall be designed consistent with one of the following
design standards:
(a)
Equipment shelters shall be located in underground vaults;
(b)
Equipment shelters shall be designed to be architecturally compatible,
both in style and materials, with principal structures on the site,
shall be subject to approval of the Planning Board; or
(c)
Equipment shelters shall be camouflaged behind an effective
year-round landscape buffer equal to the height of the proposed building.
The Planning Board shall determine the types of plant materials and
depth of the needed buffer based on site conditions.
(5)
Accessory structures. Accessory structures for wireless telecommunications
facilities shall be permitted if the structures are constructed for
the sole and exclusive use and operation of the telecommunications
facility and meet the following requirements:
(a)
Accessory structures may not include office, long-term vehicle
storage, other outdoor storage or other uses that are not needed to
send or receive wireless telecommunications transmissions.
(b)
Accessory structures must be less than 500 square feet and 15
feet in height.
(c)
Accessory structures must be camouflaged behind an effective
year-round landscape buffer equal in height to the proposed structure.
(d)
In residential zones, the use of compatible building materials,
such as wood, brick or stucco, is required for all accessory structures,
which shall be designed to match architecturally the exterior of residential
structures in the neighborhood, as determined by the Planning Board.
In no case will metal exteriors be allowed for accessory structures.
(6)
Scenic landscapes and vistas. Wireless telecommunications facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in § 110-5A(1), all ground-mounted wireless telecommunications facilities shall be surrounded by a buffer of dense tree growth or shall be camouflaged by design the adverse visual and aesthetic impact.
B.
Environmental standards.
(1)
Wireless telecommunications facilities shall not be located in wetlands
or in regulated wetland buffer areas, in endangered, threatened, or
special concern species habitats, water bodies, historic, or archaeological
sites.
(2)
No hazardous waste shall be discharged on the site of any wireless
telecommunications facility. If any hazardous materials are to be
used on site, there shall be provisions for full containment of such
materials. An enclosed containment area shall be provided with sealed
floor, designed to contain at least 110% of the volume of the hazardous
materials stored or used on the site.
(3)
Any increase in stormwater runoff shall be contained on site.
(4)
Ground-mounted equipment for wireless telecommunications facilities
shall not generate nose in excess of 50 dB at the property line, including
standby power generation equipment.
C.
Safety standards.
(1)
Radio frequency radiation (RFR) standards. All equipment proposed
for a wireless telecommunications facility shall be authorized per
the FCC guidelines. The owner of the facility shall submit evidence
of compliance with the FCC guidelines on a yearly basis to the Planning
Board. If new, more restrictive standards are adopted by any appropriate
federal or state agency, the facility shall be made to comply or continued
operations may be restricted by the Planning Board. The cost of verification
of compliance shall be borne by the owner and operator of the facility.
(2)
Security barrier. All wireless telecommunications facilities shall
be provided with security measures, such as fencing, anti-climbing
devices, electronic monitoring and other methods, sufficient to prevent
unauthorized entry and vandalism. Fencing shall be solid wood and
shall include a locking security gate. Electrified fence, barbed or
razor wire shall be prohibited.
(3)
Structural soundness and fall zone. Wireless telecommunications facilities
shall be designed by a licensed professional engineer to withstand
overturning and failure. In the event of failure, facilities shall
be designed so that they will fall within the setback area of the
site and/or away from adjacent residential properties. The Planning
Board shall require a foundation design and certificate of safety
from the carrier to document structural soundness.
A.
Procedures. The Planning Board is authorized to review and approve,
approve with modifications or disapprove site plans and special use
permits pursuant to § 120-20A. The Planning Board shall
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed antenna,
mount or equipment structure(s). Any decision by the Planning Board
to deny or approve a request to place, construct or modify wireless
telecommunications facilities shall be in writing. The Planning Board
may seek the advice and recommendations of outside consultants as
well as Town of Warwick Wireless Facilities Advisory Committee on
any application involving the construction or expansion of a wireless
facility within the Village. Cost of such outside consultants shall
be at the expense of the applicant.
B.
Application filing requirements, site plan approval. All applicants
for a wireless telecommunications facility shall fulfill the site
plan requirements for of this chapter and shall, in addition, provide
the following:
(1)
Proof that the applicant or coapplicant is licensed carrier or public
utility.
(2)
A statement, certified by a radio frequency technical expert and
approved by the Planning Board, that the installation of the proposed
antenna, including reception and transmission functions, will not
interfere with the radio or television service enjoyed by adjacent
residential and nonresidential properties or with public safety telecommunications,
in accordance with FCC standards.
(3)
A statement, certified by a professional engineer and approved by
the Planning Board, documenting the structural soundness of the wireless
telecommunications facility.
(4)
Proof that the wireless telecommunications facility shall be fully
automated and require only occasional maintenance of the facility
and site.
(5)
A report shall be submitted documenting what existing structures,
buildings, and utility structures were considered for use as possible
sites, the reason and supporting scientific analysis documenting why
these existing facilities are inadequate, and what considerations
and analysis were made to ensure the minimizing of potential aesthetic
impacts when choosing the proposed site.
C.
Application filing requirements, special use permit. Applicants for
special use permit for a wireless telecommunications facility shall
fulfill the requirements of a Type 1 action under SEQR and shall,
in addition, provide the following:
(1)
A survey of all existing structures, buildings and utility structures
within the Village outlining the opportunities for the use of these
existing structures and buildings as an alternative to the proposed
site. The applicant must demonstrate that the proposed wireless telecommunications
facility cannot be accommodated on an existing structure, building
or utility structure. In the event that location on an existing structure,
building or utility structure is not feasible, a written statement
of the reasons for the infallibility shall be submitted to the Planning
Board. The Planning Board may hire an independent technical expert
in the field of radio frequency engineering to verify if location
on an existing structure, building or utility structure is not feasible
and to evaluate the need for the proposed facility. The cost for such
a technical expert shall be at the expense of the applicant and shall
be fair and in line with similar costs in other communities. The failure
of an applicant to demonstrate a good faith effort to collocate may
be grounds for denial of the special use permit.
(2)
The applicant must demonstrate the need for the proposed facility
showing the impracticality of upgrading or expanding an existing site
and must project facility expansion needs within the Village for a
minimum of five years.
(3)
Proposed location of antenna, mount (include latitude and longitude)
and equipment shelter(s), with total elevation dimensions and AGL
of the highest point.
(4)
Proposed security barrier, indicating type and extent as well as
point of controlled entry.
(5)
Drawings, dimensioned and to scale, which show the ultimate appearance
and operation of the wireless telecommunications facility at full
buildout, including representations of the proposed mount, antennas,
equipment shelters, cable runs, driveways, parking areas and any other
construction or development attendant to the wireless telecommunications
facility. If the security barrier will block views of the wireless
telecommunication facility, the barrier drawing shall be cut away
to show the view behind the barrier.
(6)
Materials of the proposed facility specified by generic type and
specific treatment, these shall be provided for the antennas, mounts,
equipment shelters, cables, as well as cable runs, and security barrier.
(7)
Colors of the proposed facility represented by a color board showing
actual colors proposed. Colors shall be provided for the antennas,
mounts, equipment shelters, cables, as well as cable runs, and security
barrier.
(8)
Landscape plan, including existing trees and shrubs, by dominant
species and height and those proposed to be added, identified by size
of specimen at installation and species.
(9)
The following material shall be provided to allow the Planning Board
to determine the level of visual impact and the appropriateness of
the facility:
(a)
Existing (before condition) color photographs of views of the
site from key viewpoints both inside and outside of the Village, including
but not limited to state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, scenic roads and scenic viewsheds identified in
the Village of Greenwood Lake Comprehensive Plan and from any other
location where the site is visible to residents or visitors. The Planning
Board shall determine the key viewpoints from which the site shall
be photographed.
(b)
Proposed (after condition) simulations. Each of the existing
condition photographs shall have the proposed wireless telecommunications
facility superimposed on to it to show what would be seen from the
key viewpoints if the proposed facility is built.
(10)
Within 21 days of filing an application for a special use permit,
the applicant shall arrange to fly, or raise upon a temporary crane,
a six-foot brightly colored balloon at the subject site to illustrate
the height of the proposed facility. The dates (including a second
date in case of poor visibility or unfavorable wind conditions), times,
and location of such tests shall be advertised in the official newspaper
of the Village of Greenwood Lake at seven and 14 days prior to the
tests. The applicant shall meet with the Planning Board prior to arranging
for the balloon tests to review and agree upon acceptable dates, times
and locations from which the photographs shall be taken.
D.
Performance bond. Upon application a performance bond is required
in the amount to be determined by the Village of Greenwood Lake Engineer.
E.
Insurance. Proof of liability insurance must be provided to the Building
Inspector. If there is a change in insurance carrier, a new certificate
must be provided.
F.
Waivers. The Planning Board may waive one or more of the application
filing requirements of this section if it finds that such information
is not needed for a thorough review of a proposed wireless telecommunications
facility.
All wireless telecommunications facilities requiring a special
use permit shall comply with the following requirements:
A.
Location of other facilities. Applicants shall provide a Village-wide
map showing the location of other existing, approved, or proposed
wireless telecommunications facilities within the Village of Greenwood
Lake and all bordering municipalities inside and outside New York
State outlining opportunities for co-location use as an alternative
to the proposed site. The applicant must demonstrate that the proposed
wireless telecommunications facility cannot be accommodated on an
existing, approved, or proposed telecommunications tower, structure
or facility due to one or more of the following reasons:
(1)
The antenna would exceed the structural capacity of the existing,
approved, or proposed wireless telecommunications facility, as documented
by a qualified professional engineer, and the existing, approved,
or proposed facility cannot be reinforced, modified or replaced to
accommodate the planned or equivalent antenna at a reasonable cost.
(2)
The antenna would exceed the structural capacity of the existing,
approved, or proposed wireless telecommunications facility, as documented
by a qualified radio frequency expert, and the existing, approved,
or proposed facility cannot be reinforced, modified or replaced to
accommodate the planned or equivalent antenna at a reasonable cost.
(3)
Existing, approved, or proposed wireless telecommunications facilities
cannot accommodate the antenna at a height necessary to function as
documented by a qualified radio frequency expert.
(4)
Other foreseen reasons, technical or otherwise, that make it not
feasible to locate the antenna upon an existing, approved, or proposed
wireless telecommunications facility. In the event that co-location
is not feasible, a written statement of the reasons for the infeasibility
shall be submitted to the Planning Board. The Planning Board may hire
an independent technical expert in the field of RF engineering to
verify if co-location is not feasible and to evaluate the need for
the proposed facility. The cost of such a technical expert shall be
at the expense of the applicant.
B.
Provision for new facilities. Any proposed ground-mounted wireless
telecommunications facility shall be designed, structurally, electrically
and in all respects, to accommodate both the applicant's antenna
and comparable antennas for at least two additional users if the mount
is over 100 feet in height or for a least one additional user if the
mount is over 60 feet in height. Mounts must be designed to allow
for future rearrangement of antennas upon the mount and to accept
antennas mounted at varying height. The applicant shall submit to
the Planning Board a letter of intent committing the applicant, and
his/her successors in interest, to negotiate in good faith for shared
use of the proposed facility by any wireless service providers in
the future. The issuance of a permit (assuming the facility is approved
according to this section) shall commit the new facility owner and
his/her successors in interest to:
(1)
Respect in a timely comprehensive manner to a request for information
from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use
of the new facility by other wireless service providers.
(3)
Allow shared use of the new facility if another wireless service
provider agrees in writing to pay charges.
(4)
Make no more than a reasonable charge for shared use, based on a
generally accepted accounting principles. The charge may include but
is not limited to a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance financing, return on equity depreciation and all of
the costs of the adapting the facility to accommodate a shared user
without causing electromagnetic interference.
C.
Intermunicipal cooperation. In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
wireless telecommunications facility in a neighboring municipality
be considered for shared use, the Planning Board shall require that:
(1)
An applicant who proposed a new wireless telecommunications facility
shall notify in writing the legislative body of each municipality
that borders the Village and the County Planning Board. Notification
shall include the exact location of the proposed facility and the
general description of the project, including, but not limited to,
the height of the facility and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Planning
Board at the time of application.
A modification of a wireless telecommunications facility may
be considered equivalent to an application for a new facility and
will require a special use permit when the following events apply:
A.
Alterations. The applicant intends to alter the terms of the special
use permit by changing the number of facilities permitted on site
or by changing the technology used for the facility.
B.
Additions. The applicant intends to add any equipment or additional
height not specified in the original design filing.
A.
Maintenance. Wireless telecommunications facilities shall be structurally
inspected annually and certified by a professional engineer. The scope
of the inspection shall be submitted in writing and approved by the
Planning Board, and a copy of the resulting inspection report shall
be submitted for approval to Village of Greenwood Lake Building Inspector
annually.
B.
Monitoring. After the wireless telecommunications facility is operational,
the applicant shall submit, within 90 days of beginning operations
and at annual intervals from the date of issuance of the special use
permit, the following:
(1)
Existing measurements of RFR from the wireless telecommunications
facility.
(2)
Existing measurements of noise from the wireless telecommunications
facility, such measurements shall be signed by an acoustical engineer,
stating that noise measurements are accurate and meet the noise standards
section of this chapter.
A.
Abandonment. Any wireless telecommunications facility that is not
operated for a continuous period of 12 months shall be considered
abandoned, and the owner of the facility shall physically remove it
within 90 days of receipt of notice. "Physically remove" shall include,
but is not limited to:
(1)
Removal of antennas, mount, equipment shelters, security barriers
and all related materials from the subject property.
(2)
Proper disposal of the waste material from the site in accordance
with local and state solid waste disposal regulations.
(3)
Restoring the location of the facility to its natural condition,
with the exception of landscaping and grading.
B.
If the carrier fails to remove the facility in accordance with this
section of this chapter, the Village will have the authority to enter
the property and remove the facility using the performance bond funds
and any other costs of removal beyond the performance bond will be
assessed against the property owner.
No reconstruction, alteration, extension, or replacement shall
exceed the height of the existing facility.
A special use permit issued for any wireless telecommunications
facility shall be valid for five years. At the end of that time period,
the wireless telecommunications facility shall be removed by the carrier
or a new special use permit shall be required. In reviewing the new
application for a special use permit, the Planning Board shall determine
whether the technology in the provision of the facility has changed
such that the necessity for the permit at the time of its approval
has been eliminated for modified and whether the permit should be
modified or terminated as result of any such change. Upon initial
issuance of a special use permit for a wireless telecommunications
facility, the new facility shall be put into operation within two
years of approval of the special use permit. If the facility is not
in operation within this time frame, the special use permit shall
expire. The project will be reviewed as a new application if the special
use permit is allowed to expire.
Telecommunication facilities and support structures that were
legally permitted on or before the date this chapter was enacted shall
be permitted to continue provided that:
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine of
$500 and/or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall continue, for each day the offense
is continued, a separate and distinct offense hereunder.
