[Added 6-1-1999 by L.L. No. 3-1999; readopted at time
of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This article shall be known and maybe cited as the "Regulation
of Wireless Telecommunications Towers and Facilities."
A.
On February 8, 1996, the United States Congress enacted the Telecommunications
Act of 1996 (hereinafter referred to as the "Act"). The purpose of
the Act is to provide a more competitive environment for wired and
wireless communication services in the United States by deregulating
the telecommunications industry. The Act preserves the authority of
local government to regulate the placement, construction, and modification
of personal wireless services antennas, towers and accessory structures
in order to protect the health, safety, and welfare of the public.
B.
The purpose of this article is to establish predictable and balanced
regulations for the siting and screening of personal services antennas,
towers, and accessory structures. The establishment of such regulations
is to accommodate the growth of such systems within the Incorporated
Village of Roslyn (hereinafter referred to as the "Village"). Such
regulations will further serve to protect the public against any adverse
impacts on aesthetic resources. Additionally, the regulations will
eliminate potential damage to adjacent properties from tower failure
through structural standards and setback requirements. Finally, the
regulations set forth in this article will reduce the number of towers
needed to service the community by maximizing the use of existing
towers and structures.
C.
This article is intended to regulate the placement, construction,
and modification of towers and telecommunications facilities in order
to protect the health, safety, and welfare of the public while at
the same time not unreasonably interfering with the development of
the competitive wireless telecommunications marketplace in the Village.
Specifically, this article is intended to:
(1)
Regulate the location of the towers and telecommunications facilities
in the Village;
(2)
Protect residential areas and land uses from potential adverse impacts
of towers and telecommunications facilities;
(3)
Minimize adverse visual impacts of towers and telecommunications
facilities through careful design, siting, landscaping, and innovative
camouflaging techniques;
(4)
Promote and encourage shared use/co-location of towers and antenna
support structures as a primary option rather than construction of
additional single-use towers;
(5)
Promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new tower structures
to support antenna and telecommunications facilities;
(6)
Avoid potential damage to property caused by towers and telecommunications
facilities by ensuring such structures are soundly and carefully designed,
constructed, modified and maintained and removed when no longer used
or determined to be structurally unsound; and
(7)
Ensure that towers and telecommunications facilities are compatible
with surrounding land uses.
D.
The Communications Act of 1934, as amended by the Act, grants the
Federal Communications Commission (FCC) exclusive jurisdiction over:
E.
The Village's regulation of towers and telecommunications facilities
in the Village will not have the effect of prohibiting any person
from providing wireless telecommunications services in violation of
the Act.
The following words, terms, and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
Accessory buildings and structures, including base stations,
designed and used to shelter equipment and/or to support personal
wireless services. The term "accessory structures" does not include
offices, long-term storage of vehicles or other equipment storage,
or broadcast studios.
The actual device which transmits and/or receives radio or
electromagnetic waves.
Any building or structure other than a tower which can be
used for location of telecommunications facilities.
Any person that applies for a tower development permit.
The process by which the owner of a parcel of land within
the Village submits a request to develop, construct, build, modify
or erect a tower upon such parcel of land. "Application" includes
all written documentation, verbal statements, and representations,
in whatever form or forum, made by an applicant to the Village concerning
such a request.
Any engineer licensed by the State of New York.
Any person with fee title or a long-term (exceeding 10 years)
leasehold to any parcel of land within the Village who desires to
develop or construct, build, modify or erect a tower upon such parcel
of land.
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not for profit.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
Any tower or telecommunications facility 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 towers designed to look
other than like a tower, such as light poles, power poles, and trees.
The term "stealth" does not necessarily exclude the use of uncamouflaged
lattice or monopole tower designs.
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or
reception of communications which a person seeks to locate or has
installed upon or near a tower or antenna support structure. However,
"telecommunications facilities" shall not include:
A self-supporting lattice or monopole structure constructed
from grade which supports telecommunications facilities. The term
"tower" shall not include an amateur radio operator's equipment, as
licensed by the FCC.
A.
No antenna or tower shall hereafter be used, erected, changed or
altered except after obtaining a special use permit in conformity
with this article.
B.
The Board of Trustees is hereby authorized to review and approve,
approve with modifications, or disapprove special use permits pursuant
to this article. The Board of Trustees shall have the authority to
impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed antenna, tower or accessory
structures.
The Board of Trustees shall conduct a public hearing within
62 days from the day an application is received. The Board of Trustees
shall issue a decision within 62 days after the hearing. Any denial
of a permit under this chapter shall be in writing and shall be supported
by substantial evidence.
No person shall build, erect, or construct a tower upon any
parcel of land within any zoning district within the Village unless
a special use permit shall have been issued by the Board of Trustees
after approval by the Board of Trustees.
A.
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet above the ground upon which the antenna is placed. Towers may be permitted in excess of 150 feet in accordance with § 470-103, Criteria for site plan development modifications.
B.
No new tower shall be built, constructed, or erected in the Village
unless the tower is capable of supporting another person's operating
telecommunications facilities comparable in weight, size, and surface
area to the telecommunications facilities installed by the applicant
on the tower within six months of the completion of the tower construction.
C.
An application to develop a tower shall include:
(1)
The name, address, and telephone number of the owner and lessee of
the parcel of land upon which the tower is to be situated. If the
applicant is not the owner of the parcel of land upon which the tower
is to be situated, the written consent of the owner shall be evidenced
in the application.
(2)
The legal description and address of the parcel of land upon which
the tower is to be situated.
(3)
The names, addresses, and telephone numbers of all owners of other
towers or usable antenna support structures within a one-half-mile
radius of the proposed new tower site, including Village-owned property.
(4)
A description of the design plan proposed by the applicant in the
Village. The applicant must identify its utilization of the most recent
technological design, including microcell design, as part of the design
plan. The applicant must demonstrate the need for towers and why design
alternatives, such as the use of microcell, cannot be utilized to
accomplish the provision of the applicant's telecommunications services.
(5)
An affidavit attesting to the fact that the applicant made diligent,
but unsuccessful, efforts to obtain permission to install or co-locate
the applicant's telecommunications facilities on Village-owned towers
or usable antenna support structures located within a one-half-mile
radius of the proposed tower site.
(6)
An affidavit attesting to the fact that the applicant made diligent,
but unsuccessful, efforts to install or co-locate the applicant's
telecommunications facilities on towers or usable antenna support
structures owned by other persons located within a one-half-mile radius
of the proposed tower site.
(7)
Written technical evidence from an engineer that the proposed tower
or telecommunications facilities cannot be installed or co-located
on another person's tower or usable antenna support structures owned
by other persons located within a one-half-mile radius of the proposed
tower site.
(8)
A written statement from an engineer that the construction and placement
of the tower will not interfere with public safety communications
and the usual and customary transmission or reception of radio, television,
or other communications services enjoyed by adjacent residential and
nonresidential properties.
(9)
Written technical evidence from an engineer that the proposed structure meets the standards set forth in § 470-91, Structural requirements, of this article.
(10)
Written technical evidence from a qualified engineer acceptable
to the Fire Marshal and the Building Inspector that the proposed site
of the tower or telecommunications facilities does not pose a risk
of explosion, fire, or other danger to life or property due to its
proximity to volatile, flammable, explosive, or hazardous materials
such as LP gas, propane, gasoline, natural gas, or corrosive or other
dangerous chemicals.
(11)
In order to assist Village staff and the Board of Trustees in
evaluating visual impact, the applicant shall submit color photo simulations
showing the proposed site of the tower with a photo-realistic representation
of the proposed tower as it would appear viewed from the closest residential
property and from adjacent roadways.
D.
The Act
gives the FCC sole jurisdiction of the field of regulation of RF emissions
and does not allow the Village to condition or deny on the basis of
RF impacts the approval of any telecommunications facilities (whether
mounted on towers or antenna support structures) which meet FCC standards.
Antennas and towers shall be subject to state and federal regulations
pertaining to nonionizing radiation and other health hazards related
to such facilities. In order to provide information to its citizens,
the Village shall make available, upon request, copies of ongoing
FCC information and RF emission standards for telecommunications facilities
transmitting from towers or antenna support structures. Applicants
shall be required to submit information on the proposed power density
of their proposed telecommunications facilities and demonstrate how
this meets FCC standards. Applicants shall submit evidence of compliance
with FCC standards on a yearly basis to the Village. If new, more
restrictive standards are adopted, the antennas shall be made to comply
or continued operations may be restricted by the Board of Trustees.
The cost of verification of compliance shall be borne by the owner
and operator of the tower.
E.
The use of guyed towers is prohibited. Towers must be self-supporting
without the use of wires, cables, beams or other means. The design
should utilize an open framework or monopole configuration. Permanent
platforms or structures exclusive of antennas that serve to increase
off-site visibility are prohibited.
F.
The base of the tower shall occupy not more than 500 square feet,
and the top of the tower shall be no longer than the base.
G.
Minimum spacing between tower locations is 1/4 of a mile.
H.
The Board of Trustees may require an applicant to supplement any
information that the Board of Trustees considers inadequate or that
the applicant has failed to supply. The Board of Trustees may deny
an application on the basis that the applicant has not satisfactorily
supplied the information required in this section.
All towers erected or located within the Village shall comply
with the following requirements:
A.
A proposal for a tower shall not be approved unless the Board of
Trustees finds that the antenna planned for the proposed tower cannot
be accommodated on an existing or approved tower or building within
a one-mile search radius (one-half-mile search radius for towers under
120 feet in height; one-fourth-mile search radius for towers under
80 feet in height) of the proposed tower due to one or more of the
following reasons:
(1)
The antenna would exceed the structural capacity of the existing
or approved tower or building, as documented by a qualified professional
engineer, and the existing or approved tower cannot be reinforced,
modified, or replaced to accommodate the planned or equivalent antenna
at a reasonable cost.
(2)
The antenna would cause interference materially impacting the usability
of other existing or planned antenna at the tower or building, as
documented by a qualified professional engineer, and the interference
cannot be prevented at a reasonable cost.
(3)
Existing or approved towers and buildings within the search radius
cannot accommodate the antenna at a height necessary to function reasonably
as documented by a qualified professional engineer.
(4)
Other foreseen reasons that make it infeasible to locate the antenna
upon an existing or approved tower or building.
B.
Any proposed tower shall be designed, structurally, electrically,
and in all respects, to accommodate both the applicant's antennas
and comparable antennas for at least two additional users if the tower
is over 100 feet in height or for at least one additional user if
the tower is over 60 feet in height. Towers must be designed to allow
for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying heights. The applicant shall submit to
the Board of Trustees a letter of intent committing the applicant
and its successors in interest to negotiate in good faith for shared
use of the proposed tower by other personal wireless service providers
in the future. The issuance of a special use permit (assuming the
tower is approved according to this section) shall commit the new
tower owner and its successors in interest to:
(1)
Respond 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 tower by other personal wireless service providers.
(3)
Allow shared use of the new tower if another personal wireless service
provider agrees in writing to pay charges.
(4)
Make no more than a reasonable charge for shared use, based on 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, and depreciation and all
of the costs of adapting the tower or equipment to accommodate a shared
user without causing electromagnetic interference.
C.
In order to keep neighboring municipalities informed and to facilitate
the possibility of directing that an existing tall structure or existing
tower in a neighboring municipality be considered for shared use,
the Board of Trustees shall require that:
(1)
An applicant who proposes a new tower shall notify in writing the
legislative body of each municipality that borders the Village and
the County Planning Commission. Notification shall include the exact
location of the proposed tower and a general description of the project,
including but not limited to the height of the tower and its capacity
for future shared use.
(2)
Documentation of this modification shall be submitted to the Board
of Trustees at the time of application.
Towers and all accessory structures shall conform to each of
the following minimum setback requirements:
A.
All towers up to 100 feet in height shall be set back on all sides
a distance equal to the underlying setback requirement in the applicable
zoning district. Towers in excess of 100 feet in height shall be set
back one additional foot per each foot of tower height in excess of
100 feet.
B.
Setback requirements for towers shall be measured from the base of
the tower to the property line of the parcel of land on which it is
located.
C.
Setback requirements may be modified, as provided in § 470-103B(1), when placement of a tower in a location which will reduce the visual impact can be accomplished, for example, adjacent to trees which may visually hide the tower.
D.
The minimum setbacks of the underlying zoning district shall be met
with the exception of industrial zoning districts, where towers and
accessory structures may encroach into the rear setback area, provided
that the rear property line abuts another industrially zoned property
and the tower does not encroach upon any easements.
E.
Towers and accessory structures shall be set back from the planned
public rights-of-way, as shown on the most recently adopted plan or
map of the Village showing such rights-of-way, by a minimum distance
equal to 1/2 of the height of the tower, including all antennas and
attachments.
F.
A tower's setback may be reduced in the sole discretion of the Board
of Trustees to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light pole, power line,
or similar structure.
All towers must be designed and certified by an engineer to
be structurally sound and, at minimum, in conformance with the Village
Code and any other standards outlined in this article. All towers
in operation shall be affixed to land.
For the purpose of this article, the separation distances between
towers shall be measured by drawing or following a straight line between
the base of the existing or approved structure and the proposed base,
pursuant to a site plan, of the proposed tower. Tower separation distances
from residentially zoned lands shall be measured from the base of
a tower to the closest point of residentially zoned property. The
minimum tower separation distances from residentially zoned land and
from other towers shall be calculated and applied irrespective of
Village jurisdictional boundaries.
A.
Towers shall be separated from all residentially zoned lands by a
minimum of 200 feet or 200% of the height of the proposed tower, whichever
is greater.
B.
Proposed towers must meet the following minimum separation requirements
from existing towers or towers which have a special use permit but
are not yet constructed at the time a special use permit is granted
pursuant to this article:
(1)
Monopole tower structures shall be separated from all other towers,
whether monopole or self-supporting lattice, by a minimum of 750 feet.
(2)
Self-supporting lattice towers shall be separated from other self-supporting
lattice towers by a minimum of 1,500 feet.
(3)
Self-supporting lattice tower structures shall be separated from
all monopole towers by a minimum of 750 feet.
Measurement of tower height for the purpose of determining compliance
with all requirements of this article shall include the tower structure
itself, the base pad, and any other telecommunications facilities
attached thereto which extend more than 20 feet over the top of the
tower structure itself. Tower height shall be measured from grade.
Towers shall not be artificially lighted except as required
by the Federal Aviation Administration or other federal or state authority
for a particular tower. Upon commencement of construction of a tower,
in cases where there are residential uses located within a distance
which is 300% of the height of the tower from the tower and when required
by federal law, dual mode lighting shall be requested from the Federal
Aviation Administration.
Antennas, towers and accessory structures shall be designed
to blend into the surrounding environment through the use of color
and camouflaging architectural treatment, except in instances where
the color is indicated by federal or state authorities such as the
Federal Aviation Administration. Every antenna, tower and accessory
structure shall be of neutral colors that are harmonious with, and
that blend with, the natural features, buildings and structures surrounding
such antenna and structure; provided, however, that directional or
panel antennas and omnidirectional or whip antennas located on the
exterior of a building that will also serve as an antenna tower shall
be of colors that match, and cause the antenna to blend with, the
exterior of the building. Accessory structures will be designed to
be architecturally compatible with principal structures on the site.
All landscaping on a parcel of land containing towers, antenna
support structures, or telecommunications facilities shall be in accordance
with the applicable landscaping requirements in the zoning district
where the tower, antenna support structure, or telecommunications
facilities are located. The Village may require landscaping in excess
of the requirements in the Village Code in order to enhance compatibility
with adjacent land uses. Landscaping shall be installed on the outside
of any fencing. Existing on-site vegetation shall be preserved to
the maximum extent practicable. The base of the tower and any accessory
structures shall be landscaped. Towers and accessory structures shall
be provided with security fencing to prevent unauthorized entry.
A parcel of land upon which a tower is located must provide
access to at least one paved vehicular parking space on site. A road
and parking will be provided to assure adequate emergency and service
access. Maximum use of existing roads, public or private, shall be
made.
All towers shall be of stealth design.
Any telecommunications facilities which are not attached to
a tower may be permitted on any antenna support structure at least
50 feet tall, regardless of the zoning restrictions applicable to
the zoning district where the structure is located. Telecommunications
facilities are prohibited on all other structures. The owner of such
structure shall, by written certification to the Board of Trustees,
establish the following at the time plans are submitted for a special
use permit:
A.
That the height from grade of the telecommunications facilities shall
not exceed the height from grade of the antenna support structure
by more than 20 feet;
B.
That any telecommunications facilities and their appurtenances located
above the primary roof of an antenna support structure are set back
one foot from the edge of the primary roof for each one foot in height
above the primary roof of the telecommunications facilities. This
setback requirement shall not apply to telecommunications facilities
and their appurtenances located above the primary roof of an antenna
support structure if such facilities are appropriately screened from
view through the use of panels, walls, fences, or other screening
techniques approved by the Village. Setback requirements shall not
apply to stealth antennas which are mounted to the exterior of antenna
support structures below the primary roof but which do not protrude
more than 18 inches from the side of such an antenna support structure.
A.
A tower existing prior to the effective date of this article which was in compliance with the Village's Code immediately prior to the effective date of this article may continue in existence as a nonconforming structure. Such nonconforming structure may be modified or demolished and rebuilt without complying with any of the additional requirements of this article, except for § 470-92, Separation or buffer requirements, § 470-101, Certifications and inspections, and § 470-102, Maintenance, provided that:
(1)
The tower is being modified or demolished and rebuilt for the
sole purpose of accommodating, within six months of the completion
of the modification or rebuild, additional telecommunications facilities
comparable in weight, size, and surface area to the discrete operating
telecommunications facilities of any person currently installed on
the tower.
(2)
An application for a special use permit is made to the Board
of Trustees, which shall have the authority to issue a special use
permit without further approval. The grant of a special use permit
pursuant to this section allowing the modification or demolition and
rebuild of an existing nonconforming tower shall not be considered
a determination that the modified or demolished and rebuilt tower
is conforming.
(3)
The height of the modified or rebuilt tower and telecommunications
facilities attached thereto does not exceed the maximum height allowed
under this article.
B.
Except as provided in this article, a nonconforming structure or
use may not be enlarged, increased in size, or discontinued in use
for a period of more than 180 days. This article shall not be interpreted
to legalize any structure or use existing at the time this article
is adopted which structure or use is in violation of the Village Code
prior to enactment of this article.
A.
All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to § 470-86 of this article and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this article and then every two years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
B.
The Village or its agents shall have authority to enter onto the
property upon which a tower is located, between the inspections and
certifications required above, to inspect the tower for the purpose
of determining whether it complies with the Village Code and all other
construction standards provided by the Village Code and federal and
state law.
C.
The Village reserves the right to conduct such inspections at any
time, upon reasonable notice to the tower owner. All expenses related
to such inspections by the Village shall be borne by the tower owner.
A.
Tower owners shall at all times employ ordinary and reasonable care
and shall install and maintain in use nothing less than commonly accepted
methods and devices for preventing failures and accidents which are
likely to cause damage, injuries, or nuisances to the public.
B.
Tower owners shall install and maintain towers, telecommunications
facilities, wires, cables, fixtures and other equipment in substantial
compliance with the requirements of the National Electric Safety Code
and all FCC, state, and local regulations and in such manner that
will not interfere with the use of other property.
C.
All towers, telecommunications facilities, and antenna support structures
shall at all times be kept and maintained in good condition, order,
and repair so that the same shall not menace or endanger the life
or property of any person.
D.
All maintenance or construction of towers, telecommunications facilities,
or antenna support structures shall be performed by licensed maintenance
and construction personnel.
E.
All towers shall maintain compliance with current RF emission standards
of the FCC.
F.
In the event that the use of a tower is discontinued by the tower
owner, the tower owner shall provide written notice to the Village
of its intent to discontinue use and the date when the use shall be
discontinued.
A.
Notwithstanding the tower requirements provided in this article,
a modification to the requirements may be approved by the Board of
Trustees as a conditional use in accordance with the following:
(1)
In addition to the requirement for a tower application, the
application for modification shall include the following:
(a)
Description of how the plan addresses any adverse impact that
might occur as a result of approving the modification.
(b)
A description of off-site or on-site factors which mitigate
any adverse impacts which might occur as a result of the modification.
(c)
A technical study that documents and supports the criteria submitted
by the applicant upon which the request for modification is based.
The technical study shall be certified by an engineer and shall document
the existence of the facts related to the proposed modification and
its relationship to surrounding rights-of-way and properties.
(d)
For a modification of the setback requirement, the application
shall identify all parcels of land where the proposed tower could
be located, attempts by the applicant to contract and negotiate an
agreement for co-location, and the result of such attempts.
(2)
The
Board of Trustees may require the application to be reviewed by an
independent engineer under contract to the Village to determine whether
the antenna study supports the basis for the modification requested.
The costs of the review by the Village's engineer shall be reimbursed
to the Village by the applicant.
(3)
The Board of Trustees shall consider the application for modification
based on the following criteria:
(4)
In
addition, the Board of Trustees may include conditions on the site
where the tower is to be located if such conditions are necessary
to preserve the character and integrity of the neighborhoods affected
by the proposed tower and mitigate any adverse impacts which arise
in connection with the approval of the modification.
B.
In addition to the requirements of Subsection A of this section, in the following cases the applicant must also demonstrate, with written evidence, the following:
(1)
In the case of a requested modification to the setback requirements, § 470-90, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.
(3)
In the case of a requested modification of the separation and buffer requirements from residentially zoned land of § 470-92, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.
(4)
In the case of a request for modification of the height limit
for towers and telecommunications facilities or to the minimum height
requirements for antenna support structures, that the modification
is necessary to:
(a)
Facilitate co-location of telecommunications facilities in order
to avoid construction of a new tower; or
(b)
To meet the coverage requirements of the applicant's wireless communications
system, which requirements must be documented with written technical
evidence from an engineer that demonstrates that the height of the
proposed tower is the minimum height required to function satisfactorily,
and no tower that is taller than such minimum height shall be approved.
A.
If any tower shall cease to be used for a period of 365 consecutive
days, the Board of Trustees shall notify the owner, with a copy to
the applicant, that the site will be subject to a determination by
the Board of Trustees that such site has been abandoned. The owner
shall have 30 days from receipt of said notice to show, by a preponderance
of the evidence, that the tower has been in use or under repair during
the period. If the owner fails to show that the tower has been in
use or under repair during the period, the Board of Trustees shall
issue a final determination of abandonment for the site. Upon issuance
of the final determination of abandonment, the owner shall, within
75 days, dismantle and remove the tower.
B.
In the event a tower is not removed within the relevant time period,
the tower and associated facilities may be removed by the Village
and the costs of removal assessed against the owner.
C.
Unused portions of towers above a manufactured connection shall be
removed within six months of the time of antenna relocation. The replacement
of portions of a tower previously removed requires the issuance of
a new special use permit.
The use of any portion of a tower for signs other than warning
or equipment information signs is prohibited.
The operator of every tower, antenna and accessory structure
shall submit to the Village Clerk/Treasurer copies of all licenses
and permits required by other agencies and governments with jurisdiction
over the design, construction, location and operation of such tower,
antenna and accessory structure and shall maintain such licenses and
permits and provide evidence of renewal or extension thereof when
granted.
Every special use permit granting approval of an antenna, tower
or accessory structure shall state that any assignment or transfer
of the special use permit or of any rights thereunder may be made
only with the approval of the Village.
The special use permit shall be subject to review by the Board
of Trustees at five-year intervals to determine the following:
Upon initial application for a special use permit for the maintenance
of a tower, antenna or accessory structure pursuant to this article,
and upon subsequent renewals of such special use permit, the applicant
shall pay a fee to the Village as shall be set from time to time by
resolution of the Board of Trustees.
