The Village of North Collins recognizes the increased demand
for wireless communications transmitting facilities and the public
and private demand for the services that they provide. Often, these
facilities require the construction and maintenance of communications
facilities, towers and accessory support structures. The bulk and
visual impact of such installations creates aesthetic problems, making
it appropriate to have some special conditions as to the size and
placement thereof. The intent of this chapter is to protect the Village
of North Collins' interest in maintaining its small-village,
residential character by properly siting towers and related facilities
in a manner consistent with sound land use planning while also allowing
wireless providers to competitively meet their technological and service
objectives.
In addition to the provisions and the terms defined therein,
as used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY EQUIPMENT
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
[Added 9-16-2019 by L.L. No. 2-2019]
ACCESSORY FACILITY or STRUCTURE
An accessory facility or structure serving or being used
in conjunction with a telecommunications tower and located on the
same lot as the telecommunications tower, including utility or transmission
storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include, but not be limited to radio, television, cellular, personal
telecommunications services (PCS) paging, and microwave telecommunications.
[Amended 9-16-2019 by L.L. No.
2-2019]
BASE STATION
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower as defined in this subpart or any equipment associated with
a tower.
[Added 9-16-2019 by L.L. No. 2-2019]
A.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
B.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and power supplies,
and comparable backup equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
C.
The term includes any structure other than a tower that, at the time the relevant application is filed with the Village of North Collins pursuant to §
164-12 supports or houses equipment described in this chapter that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
D.
The term does not include any structure that, at the time the relevant application is filed with the Village of North Collins under §
164-12, does not support or house equipment described this chapter.
COLLOCATED FACILITY
A telecommunications facility that uses an existing building,
tower or other structure for the placement of antennas without the
need for the placement, erection or construction of a separate telecommunications
tower for said placement of antennas.
COLLOCATION
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
[Amended 9-16-2019 by L.L. No.
2-2019]
COMMUNICATIONS TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications but excluding those used either for fire, police and
other dispatch communications or exclusively for private radio and
television reception and private citizens bands, amateur radio and
other similar communications.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
[Added 9-16-2019 by L.L. No. 2-2019]
ELIGIBLE FACILITIES REQUEST
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving collocation of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
[Added 9-16-2019 by L.L. No. 2-2019]
ELIGIBLE SUPPORT STRUCTURE
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Village of North Collins.
[Added 9-16-2019 by L.L. No. 2-2019]
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GRID MAP
A complete map of all existing or proposed telecommunications
facility and tower locations within the Village of North Collins and
any contiguous town, together with such narrative or technical data
or information as the applicant shall deem relevant or necessary so
as to establish the necessity of each tower site that is the subject
of the application.
MICROWAVE
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
MONOPOLE
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
[Amended 9-16-2019 by L.L. No.
2-2019]
PREEXISTING STRUCTURES MAP
A complete map of the Village of North Collins inventorying
and identifying all preexisting structures, municipal buildings or
lands, public utility buildings, lands or rights-of-way or special
geographic areas (e.g., hills, wooded areas, naturally screened areas),
together with such narrative or technical data or information as the
applicant or Village shall deem relevant or necessary so as to establish
whether or not any of such structures or areas may be suitable for
any proposed telecommunications tower site.
PROPAGATION MAPS
Complete maps, plans, narrative, overlays and analysis of
the signal propagation studies for the proposed telecommunications
tower site, together with all propagation studies for all other proposed
or existing telecommunications tower sites within the Village of North
Collins and any contiguous town which adjoins the proposed telecommunications
tower site or which may impact on the siting process for the proposed
telecommunications tower location.
SATELLITE ANTENNA
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
SMALL CELL WIRELESS TELECOMMUNICATIONS FACILITY OR SMALL CELL
FACILITY
Small cells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, malls, hospitals, and shopping metropolitan outdoor spaces.
A small cell facility meets both the following qualifications: each
antenna is located inside an enclosure of no more than six cubic feet
in volume or, in the case of an antenna that has exposed elements,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and all other wireless equipment
associated with the facility is cumulatively no more than 17 cubic
feet in volume. The following types of associated ancillary equipment
are not included in the calculation of equipment volume: electric
meter, concealment elements, telecommunications demarcation box, ground-based
enclosures, equipment, power transfer switch, cut-off grounding switch,
and vertical cable runs for the connection of power and other services.
[Added 9-16-2019 by L.L. No. 2-2019]
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure (tower or base station) if it meets
any of the following criteria:
[Added 9-16-2019 by L.L. No. 2-2019]
A.
The mounting of the proposed antenna on existing towers, other
than towers in the public rights-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater.
B.
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
C.
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public rights-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
D.
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
E.
The modification defeats concealment and/or stealth elements
of the support structure; or
F.
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
TELECOMMUNICATIONS FACILITY
Includes telecommunications towers, accessory facilities
or structures and/or antennas and any buildings and/or equipment used
in connection with the provision of cellular telephone service, personal
communications services (PCSs), paging services, radio and television
services and similar broadcast services.
TELECOMMUNICATIONS TOWER
A communications tower on which one or more transmitting
and/or receiving antennas are located.
TOWER
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
[Amended 9-16-2019 by L.L. No.
2-2019]
UTILITY POLE
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Village-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
[Added 9-16-2019 by L.L. No. 2-2019]
WIRELESS TELECOMMUNICATION SERVICES FACILITY
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small cell telecommunication
facilities on utility poles in the public right-of-way or property
of the Village of North Collins or of another municipal corporation
within the Village of North Collins and similar structures that employ
camouflage technology, including but not limited to structures such
as a multistory building, church steeple, silo, water tower, sign
or other similar structures intended to mitigate the visual impact
of an antenna or the functional equivalent of such. It is a structure
intended for transmitting and/or receiving radio, television, cellular,
personal telecommunications services, commercial satellite services
or microwave telecommunications, but excluding those used for dispatch
telecommunications, exclusively or exclusively for private radio and
television reception and private citizen's bands, amateur radio
and other similar telecommunications.
[Added 9-16-2019 by L.L. No. 2-2019]
ZONING OVERLAY MAP
A map of the Village of North Collins adequately identifying
each separate zoning district of the Village on an overlay to the
grid map, propagation maps and preexisting structures map, respectively.
In the event of any conflict or inconsistency between the provisions of this chapter and the provisions of any portion of Chapter
181, Zoning, or the provisions of any other applicable regulation, ordinance or law, the more restrictive provisions shall control, except for telecommunications towers, which are governed by the provisions of this chapter.
The requirements of this chapter shall be applied and administered
in a manner consistent with the New York State Environmental Quality
Review Act (SEQRA), and no action shall be taken under this chapter
to issue a conditional use permit and no building permit shall be
granted until the required review process has been completed. The
Village shall, to the extent appropriate, utilize information contained
in any required environmental assessment or statement in reaching
a decision on the action being considered.
Telecommunications facilities will be permitted in any district
in the Village only upon issuance of a conditional use permit and
final site plan approval as required by the Code of the Village of
North Collins.
The following are exempt from the application of this chapter:
A. The repair and maintenance of existing telecommunications towers,
antennas or accessory facilities or structures.
B. Antennas used solely for residential household television and radio
reception.
C. Satellite antennas erected and maintained in accordance with the
provisions of the Code of the Village of North Collins.
D. Lawful or approved telecommunications facilities uses existing prior
to the effective date of this chapter; provided, however, that any
alteration, modification or expansion of such uses shall require compliance
with this chapter.
In the event that an applicant intends to site any telecommunications
facility pursuant to a lease or occupancy or use agreement of any
type, a copy of such lease or agreement shall be submitted with the
conditional use permit application. Copies of any modification, renewal,
extension or termination of such lease or agreement shall be submitted
within 30 days of execution.
[Added 9-16-2019 by L.L. No. 2-2019]
A. Purpose. The purpose of this section is to establish uniform policies
and procedures for the deployment and installation of small cell wireless
telecommunication facilities (small cell facility) in the Village
of North Collins, which will provide a public health, safety, and
welfare benefit consistent with the preservation of the integrity,
safe usage, and visual qualities in the Village. Any installation
of a small cell facility shall require either a special permit from
the Village Board or a small cell permit from the Planning Board.
B. Special use permit approval by the Village Board is required for the following uses. All special use permit applications must comply with the requirements set forth in Chapter
164.
(1) A substantial change to an existing tower or base station.
(2) Any other application for placement, installation, collocation or
construction of transmission equipment that does not constitute an
eligible facilities request.
(3) Installation of a new tower over 50 feet in height.
(4) Placement of new antenna on an existing tower or base station that
results in a substantial change to the tower or base station.
(5) Installation of equipment located on sidewalk.
(6) Installation of equipment on a pole, located at an elevation less
than 15 feet from the ground.
(7) Installation of a small cell facility on a pole located within 20
feet of a dwelling unit.
C. Small cell permit from the Planning Board.
(1) No person shall install a small cell facility without first filing
a small cell facility application and obtaining a small cell permit
from the Planning Board.
(2) The Planning Board shall approve a small cell permit application
concerning any eligible facilities request for modification of an
eligible support structure that does not change the physical dimensions
of such structure. An applicant shall assert in writing that its request
is considered an eligible facilities request. The Board requires the
applicant to provide Planning Board documentation or information to
only the extent reasonably related to determine whether the request
meets the requirements of an eligible facilities request.
(3) The Planning Board may issue a permit for the following:
(a)
Collocation of a small cell facility or distributed antenna
system (DAS) facility on an existing tower, utility pole or streetlight
not exceeding 50 feet in height on public or private property. Collocation
of a small cell facility or DAS facility on an existing tower, utility
pole or streetlight exceeding 50 feet in height shall require special
permit approval.
(b)
Collocation on existing buildings within the Village of North
Collins.
(c)
Installation of a monopole or utility pole for small cell or
DAS facility in the public right-of-way that does not exceed 50 feet
in height.
(4) Small cell permit application for Planning Board approval.
(a)
The small cell permit application shall be made to the wireless
telecommunications provider or its duly authorized representative
and shall contain the following:
[1]
The applicant's name, address, telephone number, and email
address;
[2]
The names, addresses, telephone numbers, and email address of
all consultants, if any, acting on behalf of the applicant with respect
to the filing of the application.
[3]
A general description of the proposed work and the purpose of
the work proposed.
[4]
Identify and disclose the number and locations of any small
cells that the applicant has installed or locations the applicant
has considered in the past year for small cell infrastructure within
the Village and those submitted or anticipated to be submitted within
a one-year period.
[5]
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance.
(b)
Any amendment to information contained in a small cell permit
application shall be submitted in writing to the Village within 30
days after the change necessitating the amendment.
(5) The wireless telecommunications provider shall pay to the Village
an application fee and administrative fee as set forth by the Village
Board.
(6) The wireless telecommunications provider is authorized, after 30
days' written notice to the Village Code Enforcement Officer,
to remove its facility at any time from the rights-of-way and cease
paying the Village the administrative fee.
D. Location of small cell facility approved by the Planning Board.
(1) The following locational priorities shall apply in the order specified,
consistent with the Village's obligation to create the least
amount of adverse aesthetic impact and to preserve the scenic values
of the Village:
(a)
On the roof of any Village-owned or federal, state or local
government-owned buildings or structures.
(b)
Location on privately owned buildings.
(c)
Location on an existing Village-owned utility poles.
(d)
Location on Village-owned infrastructure on private poles.
(e)
Location Village-owned property, where there is no existing
pole.
(f)
Location on privately owned utility poles.
(2) If the proposed site is not the highest priority listed above, then
a detailed explanation must be provided as to why a site of higher
priority was not selected. The person seeking such an exemption must
satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed use.
E. Small cell facility permit fees.
(1) Small cell facility permit fees and administrative fees shall be
established by the Village Board by board resolution from time to
time. The Village Clerk shall maintain a schedule of such fees.
F. Planning Board requirements as to aesthetics and neighborhood impact
mitigation for small cell permits.
(1) In order to preserve the character and integrity of Village neighborhoods,
the Village Board finds that the following requirements are essential
to protect the public health, safety and welfare, and scenic preservation.
(a)
New small cell facilities shall include stealth technology designs,
unless the Planning Board makes a written determination that such
designs are not feasible
(b)
The Planning Board may consider alternative locations for equipment,
whether pole mounted or ground mounted.
(c)
All small cells placed on any roof shall be set back at least
15 feet from the edge of the roof along any street frontage, unless
the Planning Board makes a written determination waiving the setback
requirement.
(d)
The Planning Board shall consider all impacts to site lines
and aesthetic views.
(e)
Except within the public right of way, all proposed poles, pole
equipment and enclosures shall comply with the designated setback
requirements.
(f)
Up to three small cells will be allowed per utility pole if
technologically feasible and if, in the determination of the Planning
Board, there are no safety or aesthetic concerns. Small cells must
be designed and placed in an aesthetically pleasing manner to the
reasonable satisfaction of the approving agency.
(g)
No small cell placement shall be allowed on ornamental street
lighting poles as determined by the Building Inspector.
(h)
No small cell facilities shall obstruct pedestrian or vehicular
traffic in any way.
(i)
In no event shall any utility pole or wireless telecommunication
support structure as of October 1, 2019, installed in the public right
of way, exceed 50 feet in height, unless special permit approval is
obtained from the Village Board. A shorter pole may be required if
the initial proposal is deemed out of character of with the neighborhood
as determined by the Planning Board.
(j)
Each new small cell facility, including antennas or other associated
equipment, installed in the public right-of-way shall not exceed more
than 10 feet above the pole or wireless existing utility telecommunications
support structure on which it is being located, unless special permit
approval is obtained from the Village Board.
G. The Secretary of the Planning Board shall forward a copy of the Planning
Board decision to the Town Assessor to allow the Village to better
assess the utility infrastructure for wireless telephone facilities.
A copy of said decision shall also be sent to the Village Clerk.
H. Duration. Construction pursuant to a small cell permit issued by
the Planning Board under this section must be commenced within 12
months of issuance of the small cell permit and diligently pursued
thereafter, or such small cell permit shall expire.
I. Routine maintenance and replacement. An application shall not be
required for routine maintenance; and the replacement or upgrade of
a small cell facility with another small cell facility that is same
as or smaller in size and height at the same location.
J. Information updates. Any amendment to information contained in a
small cell building/work permit application shall be submitted in
writing to the Village within 30 days after the change necessitating
the amendment. On an annual basis, the wireless telecommunication
provider shall provide a list of existing small cell locations within
the municipality.
K. Removal, relocation or modification of small cell facility in the
public right-of-way.
(1) Notice. Within 90 days following written notice from the Village,
the wireless provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter the position of any small facilities within the public right-of-way
whenever the Village has determined that such removal, relocation,
change or alteration is necessary for the construction, repair, maintenance,
or installation of any Village improvement in or upon, or the operations
of the Village in or upon, the public right-of-way.
(2) Abandonment of facilities. Upon abandonment of a small facility within
the public rights-of-way of the Village, the wireless provider shall
notify the Village within 90 days. Following receipt of such notice,
the municipality may direct the wireless provider to remove all or
any portion of the small cell facility if the Village, or any of its
departments, determine that such removal will be in the best interest
of the public health, safety and welfare.
L. Special use permit application and other requirements.
(1) All applicants for a special use permit for wireless telecommunications
services facilities or any modification of such facility shall comply
with the requirements set forth in this chapter.
(2) The Village may reject applications not meeting the requirements
stated herein or which are otherwise incomplete.
(3) The Village shall require a license and/or right of way agreement
for any new wireless telecommunications facilities in, upon, above,
along, across and over municipal facilities, municipal property and
public rights of way. An application shall not be deemed complete
unless and until said license and/or right of way agreement is in
place.
(4) No wireless telecommunications facilities shall be installed, constructed
or modified until the application is reviewed and approved by the
Village, and the special use permit has been issued.
(5) Any and all representations made by the applicant to the Village
on the record during the application process, whether written or verbal,
shall be deemed a part of the application and shall be considered
agreed upon conditions of approval that may be relied upon in good
faith by the Village.
(6) An application for a special use permit for wireless telecommunications
facilities shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
(7) The applicant must provide documentation to verify it has the right
to proceed as proposed on the site. This would require an executed
copy of the lease with the landowner or landlord or a signed letter
acknowledging authorization. If the applicant owns the site, a copy
of the ownership record is required.
(8) The applicant shall include a statement in writing:
(a)
That the applicant's proposed wireless telecommunications
facilities shall be maintained in a safe manner, and in compliance
with all conditions of the special use permit, without exception,
unless specifically granted relief by the Village in writing, as well
as all applicable and permissible local codes, ordinances, and regulations,
including any and all applicable Village, state and federal laws,
rules, and regulations;
(b)
That the construction of the wireless telecommunications facilities
is legally permissible, including, but not limited to the fact that
the applicant is authorized to do business in the State of New York.
(9) Where a certification is called for, such certification shall bear
the signature and seal of a registered professional licensed in the
State of New York.
(10)
In addition to all other required information as stated herein,
all applications for the construction or installation of new wireless
telecommunications facilities or modification of an existing facility
shall contain the information hereinafter set forth unless requirements
are specifically waived by the Village Board.
(a)
A descriptive statement of the objective(s) for the new facility
or modification of an existing facility including and expanding on
a need such as coverage and/or capacity;
(b)
Documentation that demonstrates and proves the need for the
wireless telecommunications facility to provide service primarily
and essentially within the Village. Such documentation shall include
propagation studies of the proposed site and all adjoining planned,
proposed, in-service or existing sites that demonstrate a significant
gap in coverage and/or if a capacity need, including an analysis of
current and projected usage;
(c)
The name, address and phone number of the person preparing the
report;
(d)
The name, address, and phone number of the property owner and
the applicant, including the legal name of the applicant. If the site
is a tower and the owner is different that the applicant, provide
the name and address of the tower owner;
(e)
The postal address and tax map parcel number of the property;
(f)
The zoning district or designation in which the property is
situated;
(g)
Size of the property stated both in square feet and lot line
dimensions, and a survey showing the location of all lot lines;
(h)
The location of, and distance to, the nearest residential structure;
(i)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(j)
The type, location(s) and dimension(s) of all proposed and existing
landscaping, and fencing;
(k)
The azimuth, size and center-line height location of all proposed
and existing antennae on the supporting structure;
(l)
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet;
(m)
The make, model, type and manufacturer of the tower and design
plan stating the tower's capacity to accommodate multiple users;
(n)
A site plan describing the proposed tower and antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including
height above preexisting grade, dimensions, materials, color and lighting;
(o)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(p)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts.