This chapter shall be known and may be cited as the "Wireless
Telecommunications Facilities Siting Law" for the Incorporated Village
of Nissequogue.
For the purposes of this chapter, and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations and their derivations shall have the meaning
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
number include words in the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
ACCESSORY STRUCTURE
An accessory building, facility, or structure serving or
being used in conjunction with a wireless telecommunications facility
and located on the same property or lot as the wireless telecommunications
facility, including but not limited to utility or transmission equipment
storage sheds or cabinets, and/or base stations designed and used
to shelter equipment and/or to support personal wireless services.
The term "accessory structure" does not include offices, long-term
storage of vehicles or other equipment storage, or broadcast studios.
ANTENNA
A device used to propagate and/or collect electromagnetic
waves or radio frequency signals.
ANTENNA ATTACHMENTS
All poles or devices that attach an antenna to a telecommunications
structure, including all connection cables.
APPLICANT
Any person submitting an application to the Village for a
special use permit for a wireless telecommunications facility.
APPLICATION
The process by which an applicant submits a request to the
Planning Board for a special use permit for a wireless telecommunications
facility. The application shall include all necessary, appropriate,
and written documentation, verbal statements, and representations,
in whatever form or forum submitted or made by an applicant to the
Planning Board concerning such request.
CAMOUFLAGING
The construction of a wireless telecommunications facility
so that the towers and/or antennas blend readily with the landscape,
neighborhood, and adjacent architectural features.
COLLOCATION
The use of the same telecommunications structure to carry
two or more antennas for the provision of wireless services by two
or more persons or entities.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable the Planning Board to evaluate the merits of the
application and to make an informed decision with respect to the effect
and impact of the wireless telecommunications facility on the Village
in the context of the permitted land use for the particular location
requested.
EAF
The environmental assessment form approved by the New York
State Department of Environmental Conservation.
ENGINEER
Any person licensed by the State of New York to practice
engineering services.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated
and authorized successor agency.
FREESTANDING TOWER
A self-supporting monopole structure specifically designed
for the purpose of supporting and enclosing antennas used in connection
with a wireless telecommunications facility.
HEIGHT
When referring to a freestanding tower, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna.
HISTORIC PLACE
Any property included in the New York State Register of Historic
Places or the National Register of Historic Places.
NIER
Nonionizing electromagnetic radiation.
OWNER
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.
PERSON
Any natural person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit
or not for profit.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
47 U.S.C. § 332.
PLANNING BOARD
The duly appointed Planning Board of the Village of Nissequogue.
SITE
The property, including all buildings and structures located
thereon, on which a wireless telecommunications facility is, or is
proposed to be, located.
SPECIAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use a wireless telecommunications facility
as granted or issued by the Planning Board.
STEALTH
Any tower or wireless telecommunications facility which is
designed to enhance compatibility with adjacent land uses.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
Any structure used in, associated with or necessary for the
provision of wireless services as described in the definition of "wireless
telecommunications facility."
TEMPORARY
In relation to all aspects and components of this chapter,
fewer than 90 days.
TOWER
Freestanding tower.
VILLAGE BOARD
The duly elected Village Board of Trustees of the Village
of Nissequogue.
WIRELESS TELECOMMUNICATIONS FACILITY (or any functionally equivalent
service or technology that may be developed in the future)
A structure, facility or location designed or intended to
be used to transmit and/or receive radio, television, cellular, paging,
911 data, or personal telecommunications services, commercial satellite
services, or microwave telecommunications signals. Not included are
services used exclusively for fire, police and other dispatch telecommunications
or exclusively for private radio and television reception and private
citizen band, amateur radios and other similar telecommunications.
A wireless telecommunications facility shall include, without limit,
accessory structures and related equipment, antennas applied to the
facade of a building or roof-mounted antennas, antenna attachments,
freestanding towers, monopoles and similar structures, and all other
accessory structures and related equipment.
Notwithstanding any other provision of the Code of the Village
of Nissequogue (the "Code"), no person shall build, erect, construct,
change, alter, modify, or use any wireless telecommunications facility
upon any parcel of land within any zoning district within the Village
unless a special use permit shall have been issued by the Planning
Board.
Any antennas which are not attached to a tower may be permitted
on any existing structure, except an historic place. The owner of
such a structure shall, by written certification to the Planning Board,
establish the following at the time plans are submitted for a special
use permit:
A. The antenna shall not exceed a height of more than 20 feet from the
highest point of the roof of the existing structure.
B. Any antenna and antenna attachments located above the primary roof
of the structure shall be set back one foot from the edge of the primary
roof for each one foot in height above the primary roof of the antenna.
This setback requirement shall not apply to antennas and their antenna
attachments located above the primary roof of the structure if such
antennas are appropriately screened from view through the use of panels,
walls, fences, or other screening techniques approved by the Planning
Board. Subject to approval by the Planning Board, setback requirements
shall not apply to stealth antennas which are mounted to the exterior
of an existing structure below the primary roof but which do not protrude
more than 18 inches from the side of such structure.
All wireless telecommunications facilities and antennas shall
be located, fenced or otherwise secured in a manner which prevents
unauthorized access. Specifically:
A. All antennas, towers and accessory structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or run into.
B. Transmitters and telecommunications control shall be installed such
that they are readily accessible only to persons authorized to operate
or service them.
Wireless telecommunications facilities shall contain a sign
no larger than four square feet to provide adequate notification to
persons in the immediate area of the presence of an antenna that has
transmission capabilities. The sign shall contain the name(s) of the
owner(s) and operator(s) of the antenna(s) as well as emergency telephone
number(s). The sign shall be located so as to be visible from the
access point of the site. No other signage, including advertising,
shall be permitted on any wireless telecommunications facilities,
antennas, or antenna towers, unless required by law. Signs, including
their location, shall be approved by the Planning Board.
Antennas, antenna attachments, towers and accessory structures
shall be designed by use of camouflaging and stealth design to facilitate
their blending 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 FAA. Every antenna, antenna attachment, 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 towers, antenna, antenna attachments and structures; provided,
however, that directional or panel antennas and omnidirectional or
whip antennas located on an existing structure shall be of colors
that match, and cause the antenna to blend with, the exterior of the
structure. Accessory structures will be designed to be architecturally
compatible with principal structures on the site.
All landscaping and buffer areas on a parcel of land containing
towers or wireless telecommunications facilities shall be in accordance
with the applicable landscaping and buffer requirements in the zoning
district where the tower or wireless telecommunications facilities
are located. The Planning Board may require landscaping or buffer
areas 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.
The extent and parameters of a special use permit for a wireless
telecommunications facility shall be as follows:
A. Such special use permit shall be nonexclusive.
B. Such special use permit shall not be assigned, transferred or conveyed
without the express prior written consent of the Planning Board, and
such consent shall not be unreasonably withheld.
C. Such special use permit may, following a hearing upon due prior notice
to the applicant, be revoked, canceled, or terminated for a violation
of the conditions and provisions of the special use permit for the
wireless telecommunications facility, or for a material violation
of this chapter after prior written notice to the applicant and the
holder of the special use permit.
D. A holder of a special use permit granted under this chapter shall
obtain, at its own expense, all permits and licenses required by applicable
law, rule or regulation and must maintain the same, in full force
and effect, for as long as required by the Village or other governmental
entity or agency having jurisdiction over the applicant.
E. Applicants shall submit information on the proposed power density
of their proposed wireless telecommunications facility 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 Planning
Board. The cost of verification of compliance shall be borne by the
owner and operator of the tower.
F. All wireless telecommunications facilities 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. Such certification
shall be submitted with an application pursuant to this chapter and
every three years thereafter. The owner of the wireless telecommunications
facility 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 wireless telecommunications facility is jeopardized.
G. Owners of a wireless telecommunications facility 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.
H. Owners of a wireless telecommunications facility shall install and
maintain towers, antennas, antenna attachments, accessory structures,
wires, cables, fixtures and all other equipment of the wireless telecommunications
facility 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.
I. All wireless telecommunications facilities 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.
J. All maintenance or construction of wireless telecommunications facilities
shall be performed by licensed maintenance and construction personnel.
K. All wireless telecommunications facilities shall maintain compliance
with current RF emission standards of the FCC.
L. In the event that the use of a wireless telecommunications facility
is discontinued by the wireless telecommunications facility owner,
the wireless telecommunications facility owner shall provide written
notice to the Village of its intent to discontinue use and the date
when the use shall be discontinued.
The applicant of any proposed wireless telecommunications facility
property site shall, at its cost and expense, be required to execute
and file with the Village a bond, or other form of security acceptable
to the Village as to type of security and the form and manner of execution,
in an amount of at least $75,000 and with such sureties as are deemed
sufficient by the Planning Board to assure the faithful performance
of the terms and conditions of this chapter and the conditions of
any special use permit issued pursuant to this chapter. The full amount
of the bond or security shall remain in full force and effect throughout
the term of the special use permit and/or until the removal of the
wireless telecommunications facility and any necessary site restoration
is completed. The failure to pay any annual premium for the renewal
of any such security shall be a violation of the provisions of the
special use permit and shall entitle the Planning Board to revoke
the special use permit after prior written notice to the applicant
and holder of the permit and after a hearing upon due prior notice
to the applicant and holder of the special use permit.
The holder of the special use permit shall annually certify
in writing to the Village that NIER levels at the site are within
the threshold levels adopted by the FCC. The certifying engineer must
be licensed to practice engineering in the State of New York.
Any applicant desiring relief or exemption from any aspect or
requirement of this chapter may request such from the Planning Board
at a preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special use
permit or, in the case of an existing or previously granted special
use permit, a request for modification of its wireless telecommunications
facility. Such relief may be temporary or permanent; partial or complete,
at the sole discretion of the Planning Board. However, the burden
of proving the need for the requested relief or exemption is solely
on the applicant to prove to the satisfaction of the Planning Board.
The applicant shall bear all costs of the Planning Board or the Village
in considering the request and the relief shall not be transferable
to a new or different holder of the permit or owner of the wireless
telecommunications facility without the specific written permission
of the Planning Board. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief or exemption will have no significant
effect on the health, safety and welfare of the Village, its residents
and other service providers, and the Planning Board must determine
that the grant of relief or exemption does not conflict with and/or
violate the intent of this chapter. Under no circumstances are the
provisions for public hearing contained in this chapter to be waived.
Where this chapter differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Village and the public shall apply.
This chapter is enacted pursuant to the Municipal Home Rule
Law. This chapter shall supersede the provisions of Village Law to
the extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
This chapter shall take effect 10 days after publication, posting,
and filing with the Secretary of State.