[Added 2-1-2007 by L.L. No. 1-2007]
The Telecommunications Act of 1996 affirmed the Village's authority
concerning the placement, construction and modification of wireless
telecommunications facilities. The Board finds that wireless telecommunications
facilities may pose significant concerns to the health, safety, public
welfare, character and environment of the Village and its inhabitants.
The Board also recognizes that facilitating the development of wireless
service technology can be an economic development asset to the Village
and of significant benefit to the Village and its residents. In order
to insure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the Village's land
use policies, the Village is adopting a single, comprehensive, wireless
telecommunications facilities application and permit process. The
intent of this article is to minimize impact of wireless telecommunications
facilities, establish a fair and efficient process for review and
approval of applications, assure an integrated, comprehensive review
of environmental impacts of such facilities, and protect the health,
safety and welfare of the Village.
This article shall be known and cited as the "Wireless Telecommunications
Facilities Siting Law for the Village of Baldwinsville."
Any special use permit issued under this article shall be comprehensive
and not severable. If part of a permit is deemed or ruled to be invalid
or unenforceable in any material respect, by a competent authority,
or is overturned by a competent authority, the permit shall be void
in total, upon determination by the Board.
For purposes of this article, 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.
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunications
facilities.
The Board of Trustees of the Village of Baldwinsville.
The use of an existing tower or structure to support antennae
for the provision of wireless services.
The inability to perform an act on terms that are reasonable
in commerce; the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be commercial impracticable and shall not render an act or the
terms of an agreement commercially impracticable.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a tower or structure, 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 or lightning
protection device.
The addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing,
utility feeds, changing the color or materials of any visually discernable
components, vehicular access, parking and/or an upgrade or changeout
of equipment for better or more modern equipment. Adding a new wireless
carrier or service provider to a telecommunications tower or telecommunications
site as a co-location is a modification. A modification shall not
include the replacement of any components of a wireless facility where
the replacement is identical to the component being replaced or for
any matters that involve the normal repair and maintenance of a wireless
facility without adding, removing or changing anything.
Nonionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
The same meaning as defined and used in the 1996 Telecommunications
Act.
The replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without the addition, removal or change of
any of the physical or visually discernable components or aspects
of a wireless facility that will add to the visible appearance of
the facility as originally permitted.
The official document or permit by which an applicant is
allowed to file for a building permit to construct and use wireless
telecommunications facilities as granted or issued by the Board.
The State of New York.
To minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
See definition for "wireless telecommunications facilities."
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this
article, something intended to, or that does, exist for fewer than
90 days.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
The Village of Baldwinsville.
Includes a telecommunications site and personal wireless
facility. It means a structure, facility or location designed, or
intended to be used as, or used to support antennas or other transmitting
or receiving devices. This includes without limit, towers of all types
and kinds and structures, including but not limited to buildings,
church steeples, silos, water towers, signs or other structures that
can be used as a support structure for antennas or the functional
equivalent of such. It further includes all related facilities and
equipment such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, SMR,
paging, 911, Personal Communications Services (PCS), commercial satellite
services, microwave services and any commercial wireless telecommunication
service not licensed by the FCC.
In order to ensure that the placement, construction, and modification
of wireless telecommunications facilities protects the Village's health,
safety, public welfare, environmental features, the nature and character
of the community and neighborhood and other aspects of the quality
of life specifically listed elsewhere in this article, the Board hereby
adopts an overall policy with respect to a special use permit for
wireless telecommunications facilities for the express purpose of
achieving the following goals:
A.
Requiring a special use permit for any new, co-location or modification
of a wireless telecommunications facility.
B.
Implementing an application process for person(s) seeking a special
use permit for wireless telecommunications facilities.
C.
Establishing a policy for examining an application for and issuing
a special use permit for wireless telecommunications facilities that
is both fair and consistent.
D.
Promoting and encouraging, wherever possible, the sharing and/or
co-location of wireless telecommunications facilities among service
providers.
E.
Promoting and encouraging, wherever possible, the placement, height
and quantity of wireless telecommunications facilities in such a manner,
including but not limited to the use of stealth technology, to minimize
adverse aesthetic and visual impacts on the land, property, buildings,
and other facilities adjacent to, surrounding, and in generally the
same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
F.
That in granting a special use permit, the Board has found that the
facility shall be the most appropriate site as regards being the least
visually intrusive among those available in the Village.
A.
No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this article without having first obtained a special use permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special use permit shall be required as provided in § 345-87.
B.
All legally permitted wireless telecommunications facilities, constructed
as permitted, existing on or before the effective date of this article
shall be allowed to continue as they presently exist; provided, however,
that any visible modification of an existing wireless telecommunications
facility will require the complete facility and any new installation
to comply with this article.
C.
Any repair and maintenance of a wireless facility does not require
the application for a special use permit.
The following shall be exempt from this article:
A.
The Village's police, Department of Public Works (including parks)
or other public service facilities owned and operated by the local
government. The Board, in its sole discretion, may exempt any public
benefit corporation or not-for-profit corporation.
B.
Any facilities expressly exempt from the Village's siting, building
and permitting authority.
C.
Over-the-air reception devices, including the reception antennas
for direct broadcast satellites (DBS), multichannel multipoint distribution
(wireless cable) providers (MMDS), television broadcast stations (TVBS)
and other customer-end antennas that receive and transmit fixed wireless
signals that are primarily used for reception.
D.
Facilities exclusively for private, noncommercial radio and television
reception and private citizen's bands, licensed amateur radio and
other similar noncommercial telecommunications.
E.
Facilities exclusively for providing unlicensed spread spectrum technologies
[such as IEEE 802.11a, b, g (Wi-Fi) and Bluetooth] where the facility
does not require a new tower.
A.
All applicants for a special use permit for wireless telecommunications
facilities or any modification of such facility shall comply with
the requirements set forth in this article and the State Environmental
Quality Review Act. The Board is the officially designated agency
or body of the Village to whom applications for a special use permit
for wireless telecommunications facilities must be made, and that
is authorized to review, analyze, evaluate and make decisions with
respect to granting or not granting or revoking special use permits
for wireless telecommunications facilities. The Board will require
a review and recommendations from the Architectural Review Board for
all applications for wireless telecommunications facilities and may
at its discretion delegate or designate other official agencies or
officials of the Village to accept, review, analyze, evaluate and
make recommendations to the Board with respect to the granting or
not granting or revoking special use permits for wireless telecommunications
facilities.
B.
The Board may reject applications not meeting the requirements stated
herein or which are otherwise incomplete.
C.
No wireless telecommunications facilities shall be installed, constructed
or modified until the application is reviewed and approved by the
Board, and the special use permit has been issued.
D.
Any and all representations made by the applicant to the Board on
the record during the application process, whether written or verbal,
shall be deemed a part of the application and may be relied upon in
good faith by the Village.
E.
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.
F.
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.
G.
The applicant shall include a statement in writing:
(1)
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 Board in writing, as well as all applicable
and permissible local codes, laws, and regulations, including any
and all applicable Village, state and federal laws, rules, and regulations;
(2)
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.
H.
Where a certification is called for in this article, such certification
shall bear the signature and seal of a professional engineer licensed
in the state.
I.
In addition to all other required information as stated in this article,
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.
(1)
A descriptive statement of the objective(s) for the new facility
or modification including and expanding on a need such as coverage
and/or capacity requirements;
(2)
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, include an analysis of current and projected usage;
(3)
The name, address and phone number of the person preparing the report;
(4)
The name, address, and phone number of the property owner and applicant,
and to include the legal name of the applicant. If the site is a tower
and the owner is different than the applicant, provide name and address
of the tower owner;
(5)
The postal address and Tax Map parcel number of the property;
(6)
The zoning district or designation in which the property is situated;
(7)
Size of the property stated both in square feet and lot line dimensions,
and a survey showing the location of all lot lines;
(8)
The location of nearest residential structure;
(9)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(10)
The type, locations and dimensions of all proposed and existing
landscaping, and fencing;
(11)
The azimuth, size and center line height location of all proposed
and existing antennae on the supporting structure;
(12)
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet;
(13)
The make, model, type and manufacturer of the tower and design
plan stating the tower's capacity to accommodate multiple users;
(14)
A site plan describing the proposed tower and antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including
height above preexisting grade, materials, color and lighting;
(15)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(16)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts;
(17)
Signed documentation such as the "Checklist to Determine Whether
a Facility is Categorically Excluded" to verify that the wireless
telecommunication facility with the proposed installation will be
in full compliance with the current FCC RF Emissions guidelines (NIER).
If not categorically excluded, a complete RF Emissions study is required
to provide verification;
(18)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(19)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(20)
A copy of the geotechnical subsurface soils investigation, evaluation
report and foundation recommendation for a proposed or existing tower
site and if existing tower or water tank site, a copy of the installed
foundation design.
J.
The applicant will provide a written copy of an analysis, completed
by a qualified individual or organization, to determine if the proposed
new tower or existing structure intended to support wireless facilities
is in compliance with Federal Aviation Administration Regulation Part
77 and if it requires lighting. This requirement shall also be for
any existing structure or building where the application increases
the height of the structure or building. If this analysis determines,
that an FAA determination is required, then all filings with the FAA,
all responses from the FAA and any related correspondence shall be
provided with the application.
K.
Application for new tower.
(1)
In the case of a new tower, the applicant shall be required to submit
a written report demonstrating its meaningful efforts to secure shared
use of existing tower(s) or the use of alternative buildings or other
structures within the Village. Copies of written requests and responses
for shared use shall be provided to the Board in the application,
along with any letters of rejection stating the reason for rejection.
(2)
In order to better inform the public, in the case of a new telecommunication
tower, the applicant shall, prior to the public hearing on the application,
hold a balloon test. The applicant shall arrange to fly, or rise upon
a temporary mast, a minimum of a three-foot in diameter brightly colored
balloon at the maximum height of the proposed new tower. The dates
(including a second date, in case of poor visibility on the initial
date), times and location of this balloon test shall be advertised
by the applicant seven days and 14 days in advance of the first test
date in a newspaper with a general circulation in the Village. The
applicant shall inform the Board, in writing, of the dates and times
of the test, at least 14 days in advance. The balloon shall be flown
for at least four consecutive hours sometime between 7:00 a.m. and
4:00 p.m. on the dates chosen. The primary date shall be on a weekend,
but in case of poor weather on the initial date, the secondary date
may be on a weekday. A report with pictures from various locations
of the balloon shall be provided with the application.
(3)
The applicant shall examine the feasibility of designing the proposed
tower to accommodate future demand for at least four additional commercial
applications, for example, future co-locations. The tower shall be
structurally designed to accommodate at least four additional antenna
arrays equal to those of the applicant, and located as close to the
applicant's antenna as possible without causing interference. This
requirement may be waived, provided that the applicant, in writing,
demonstrates that the provisions of future shared usage of the tower
is not technologically feasible, is commercially impracticable or
creates an unnecessary and unreasonable burden, based upon:
(a)
The foreseeable number of FCC licenses available for the area;
(b)
The kind of wireless telecommunications facilities site and
structure proposed;
(c)
The number of existing and potential licenses without wireless
telecommunications facilities spaces/sites; and
(d)
Available space on existing and approved towers.
(4)
The owner of a proposed new tower, and his/her successors in interest,
shall negotiate in good faith for the shared use of the proposed tower
by other wireless service providers in the future, and shall:
(a)
Respond within 60 days to a request for information from a potential
shared-use applicant;
(b)
Negotiate in good faith concerning future requests for shared
use of the new tower by other telecommunications providers;
(c)
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charges
may include, but are 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,
less depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(d)
Failure to abide by the conditions outlined above may be grounds
for revocation of the special use permit.
L.
The applicant shall provide certification with documentation (structural
analysis), including calculations that the telecommunication facility
tower and foundation and attachments, rooftop support structure, water
tank structure, and any other supporting structure as proposed to
be utilized are designed and will be constructed to meet all local,
Village, state and federal structural requirements for loads, including
wind and ice loads.
M.
If proposal is for a co-location or modification on an existing tower,
the applicant is to provide signed documentation of the tower condition
such as an ANSI report as per Annex E, Tower Maintenance and Inspection
Procedures, ANSI/TIA/EIA-222F or most recent version. The inspection
report must be performed every three years for a guyed tower and five
years for monopoles and self-supporting towers.
N.
All proposed wireless telecommunications facilities shall contain
a demonstration that the facility be sited so as to be the least visually
intrusive reasonably possible, given the facts and circumstances involved
and thereby have the least adverse visual effect on the environment
and its character, on existing vegetation, and on the residences in
the area of the wireless telecommunications facility.
O.
If a new tower, proposal for a new antenna attachment to an existing
structure, or modification adding to a visual impact, the applicant
shall furnish a visual impact assessment, which shall include:
(1)
If a new tower or increasing the height of an existing structure
is proposed, a computer generated zone of visibility map at a minimum
of one-mile radius from the proposed structure, with and without foliage,
shall be provided to illustrate locations from which the proposed
installation may be seen.
(2)
Pictorial representations of before and after (photo simulations)
views from key viewpoints both inside and outside of the Village as
may be appropriate, including but not limited to state highways and
other major roads; state and local parks; other public lands; historic
districts; preserves and historic sites normally open to the public;
and from any other location where the site is visible to a large number
of visitors, travelers or residents. Guidance will be provided concerning
the appropriate key sites at the preapplication meeting. Provide a
map showing the locations of where the pictures were taken and distance
from the proposed structure.
(3)
A written description of the visual impact of the proposed facility,
including, as applicable, the tower base, guy wires, fencing and accessory
buildings from abutting and adjacent properties and streets as relates
to the need or appropriateness of screening.
P.
The applicant shall demonstrate and provide in writing and/or by
drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed wireless telecommunications
facility.
Q.
The wireless telecommunications facility and any and all accessory
or associated facilities shall maximize the use of building materials,
colors and textures designed to blend with the structure to which
it may be affixed and/or to harmonize with the natural surroundings,
this shall include the utilization of stealth or concealment technology
as may be required by the Board.
R.
All utilities at a wireless telecommunications facilities site shall
be installed underground and in compliance with all laws, laws, rules
and regulations of the Village, including specifically, but not limited
to, the National Electrical Safety Code and the National Electrical
Code where appropriate.
S.
At a telecommunications site, an access road, turnaround space and
parking shall be provided to assure adequate emergency and service
access. Maximum use of existing roads, whether public or private,
shall be made to the extent practicable. Road construction shall at
all times minimize ground disturbance and the cutting of vegetation.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion.
T.
All wireless telecommunications facilities shall be constructed,
operated, maintained, repaired, provided for removal of, modified
or restored in strict compliance with all current applicable technical,
safety and safety-related codes adopted by the Village, state, or
United States, including but not limited to the most recent editions
of the ANSI Code, National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsible workmanlike industry
practices and recommended practices of the National Association of
Tower Erectors. The codes referred to are codes that include, but
are not limited to, construction, building, electrical, fire, safety,
health, and land use codes. In the event of a conflict between or
among any of the preceding, the more stringent shall apply.
U.
A holder of a special use permit granted under this article shall
obtain, at its own expense, all permits and licenses required by applicable
law, rule, regulation or code, and must maintain the same, in full
force and effect, for as long as required by the Board or other governmental
entity or agency having jurisdiction over the applicant.
V.
There shall be a preapplication meeting. The purpose of the preapplication
meeting will be to address issues that will help to expedite the review
and permitting process. A preapplication meeting shall also include
a site visit if there has not been a prior site visit for the requested
site. Costs of the Village's consultants to prepare for and attend
the preapplication meeting will be borne by the applicant.
W.
An applicant shall submit to the Board the number of completed applications
determined to be needed at the preapplication meeting. Written notification
of the application shall be provided to the legislative body of all
adjacent municipalities as applicable and/or requested.
X.
The holder of a special use permit shall notify the Board of any
intended modification of a wireless telecommunication facility and
shall apply to the Board to modify, relocate or rebuild a wireless
telecommunications facility.
Y.
With respect to this application process, the Board will normally
seek to have lead agency status pursuant to SEQRA. The Board shall
conduct an environmental review of the proposed project pursuant to
SEQRA in combination with its review of the application pursuant to
this article.
A.
Applicants for wireless telecommunications facilities shall locate,
site and erect said wireless telecommunications facilities in accordance
with the following priorities, one being the highest priority and
seven being the lowest priority:
(1)
On existing towers or other structures on Village owned, leased or
controlled properties.
(2)
On existing towers or other structures on other property in the Village.
(3)
A new tower on Village owned, leased or controlled properties.
(4)
A new tower on properties in areas zoned for heavy industrial use.
(5)
A new tower on properties in areas zoned for commercial use.
(6)
A new tower on properties in areas zoned for agricultural use.
(7)
A new tower on properties in areas zoned for residential use.
B.
If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception 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 site.
C.
An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Board
why co-location is commercially or otherwise impracticable. Agreements
between providers limiting or prohibiting co-location shall not be
a valid basis for any claim of commercial impracticability or hardship.
D.
Notwithstanding the above, the Board may approve any site located
within an area in the above list of priorities, provided that the
Board finds that the proposed site is in the best interest of the
health, safety and welfare of the Village and its inhabitants and
will not have a deleterious effect on the nature and character of
the community and neighborhood.
E.
The applicant shall submit a written report demonstrating the applicant's
review of the above locations in order of priority, demonstrating
the technological reason for the site selection. If appropriate, based
on selecting a site of lower priority, a detailed written explanation
as to why sites of a higher priority were not selected shall be included
with the application.
F.
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Board may disapprove
an application for any of the following reasons.
(1)
Conflict with safety and safety-related codes and requirements;
(2)
Conflict with the historic nature or character of a neighborhood
or historical district;
(3)
The use or construction of wireless telecommunications facilities
which is contrary to an already stated purpose of a specific zoning
or land use designation;
(4)
The placement and location of wireless telecommunications facilities
which would create an unacceptable risk, or the reasonable probability
of such, to residents, the public, employees and agents of the Village,
or employees of the service provider or other service providers; and
(5)
Conflicts with the provisions of this article.
A.
The Board prefers all wireless facilities to be located on existing
towers or other structures, as opposed to the construction of a new
tower. The applicant shall submit a comprehensive report inventorying
existing towers and other suitable structures within four miles of
the location of any proposed new tower, unless the applicant can show
that some other distance is more reasonable and demonstrate conclusively
why an existing tower or other suitable structure can not be used.
B.
An applicant intending to locate on an existing tower or other suitable
structure shall be required to document the intent of the existing
owner to permit its use by the applicant.
C.
Such shared use shall consist only of the minimum antenna array technologically
required to provide service primarily and essentially within the Village,
to the extent practicable, unless good cause is shown.
A.
The applicant shall submit documentation justifying the total height
of any tower, facility and/or antenna requested and the basis therefor.
Documentation in the form of propagation studies must include all
backup data used to perform at requested height and a minimum of 10
feet lowers height to allow verification of this height need. Such
documentation will be analyzed in the context of the justification
of the height needed to provide service primarily and essentially
within the Village, to the extent practicable, unless good cause is
shown.
B.
No tower constructed after the effective date of this article, including
allowing for all attachments, shall exceed that height which shall
permit operation without required artificial lighting of any kind
in accordance with municipal, Village, state, and/or any federal statute,
law, local law, Village law, code, rule or regulation.
A.
Wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law.
B.
Towers shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color to harmonize with the surroundings and
shall be maintained in accordance with the requirements of this article.
C.
If lighting is required, the applicant shall provide a detailed plan
for sufficient lighting of as unobtrusive and inoffensive an effect
as is permissible under state and federal regulations.
All wireless telecommunications facilities and antennas shall
be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
A.
All antennas, towers and other supporting structures, including guy
anchor points and wires, shall be made inaccessible to individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and
B.
Transmitters and telecommunications control points shall be installed
in such a manner 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 in order to provide adequate notification
to persons in the immediate area of the presence of RF radiation or
to control exposure to RF radiation within a given area. A sign of
the same size is also to be installed to contain the name(s) of the
owner(s) and operator(s) of the antenna(s) as well as emergency phone
number(s). The sign shall be on the equipment shelter or cabinet of
the applicant and be visible from the access point of the site and
must identify the equipment owner of the shelter or cabinet. On tower
sites, an FCC registration site as applicable is also to be present.
The signs shall not be lighted, unless applicable law, rule or regulation
requires lighting. No other signage, including advertising, shall
be permitted.
All proposed towers and any other proposed wireless telecommunications
facility structures shall be set back from abutting parcels, recorded
rights-of-way and road and street lines by the greater of the following
distances: a distance equal to the height of the proposed tower or
wireless telecommunications facility structure plus 10% of the height
of the tower or structure, or the existing setback requirement of
the underlying zoning district, whichever is greater. Any accessory
structure shall be located so as to comply with the applicable minimum
setback requirements for the property on which it is situated.
A.
The Board may hire any consultant and/or expert necessary to assist
the Board in reviewing and evaluating the application, including the
construction and modification of the site, once permitted, and any
site inspections.
B.
An applicant shall deposit with the Village funds sufficient to reimburse
the Village for all reasonable costs of consultant and expert evaluation
and consultation to the Village, including legal fees, in connection
with the review of any application, including the construction and
modification of the site, once permitted. The initial deposit shall
be $8,500. The placement of the $8,500 with the Village shall precede
the preapplication meeting. The Village will maintain a separate escrow
account for all such funds. The Village's consultants/experts shall
invoice the Village for its services in reviewing the application,
including the construction and modification of the site, once permitted.
If at any time during the process this escrow account has a balance
less than $2,500, the applicant shall immediately, upon notification
by the Village, replenish said escrow account so that it has a balance
of at least $5,000. Such additional escrow funds shall be deposited
with the Village before any further action or consideration is taken
on the application. In the event that the amount held in escrow by
the Village is more than the amount of the actual invoicing at the
conclusion of the project, the remaining balance shall be promptly
refunded to the applicant.
C.
The total amount of the funds needed as set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
A.
Prior to the approval of any application for a special use permit
for wireless telecommunications facilities, a public hearing shall
be held by the Board, notice of which shall be published in the official
newspaper of the Village no less than five calendar days prior to
the scheduled date of the public hearing. In order that the Village
may notify nearby landowners, the application shall contain the names
and address of all landowners whose property is located within 1,500
feet of any property line of the lot or parcel on which the new wireless
telecommunications facilities are proposed to be located.
B.
There shall be no public hearing required for an application to co-locate
on an existing tower or other structure or a modification at an existing
site, as long as there is no proposed increase in the height of the
tower or structure, including attachments thereto.
A.
The Board will undertake a review of an application pursuant to this
article in a timely fashion, consistent with its responsibilities,
and shall act within a reasonable period of time given the relative
complexity of the application and the circumstances, with due regard
for the public's interest and need to be involved, and the applicant's
desire for a timely resolution.
B.
The Board may refer any application or part thereof to any advisory
or other committee for a nonbinding recommendation.
C.
After the public hearing and after formally considering the application,
the Board may approve, approve with conditions, or deny a special
use permit. Its decision shall be in writing and shall be supported
by substantial evidence contained in a written record. The burden
of proof for the grant of the permit shall always be upon the applicant.
D.
If the Board approves the special use permit for wireless telecommunications
facilities, then the applicant shall be notified of such approval
in writing within 10 calendar days of the Board's action, and the
special use permit shall be issued within 30 days after such approval.
Except for necessary building permits, and subsequent certificates
of compliance, once a special use permit has been granted hereunder,
no additional permits or approvals from the Village, such as site
plan or zoning approvals, shall be required by the Board for the wireless
telecommunications facilities covered by the special use permit.
E.
If the Board denies the special use permit for wireless telecommunications
facilities, then the applicant shall be notified of such denial, in
writing, within 10 calendar days of the Board's action.
The extent and parameters of a special use permit for wireless
telecommunications facilities shall be as follows:
A.
Such special use permit shall not be assigned, transferred or conveyed
without the prior written permission of the Board, which permission
shall not be unreasonably withheld.
B.
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, or for
a material violation of this article after prior written notice to
the holder of the special use permit.
At the time that a person submits an application for a special
use permit for a new tower, such person shall pay a nonrefundable
application fee, as set by resolution of the Board of Trustees, to
the Village. If the application is for a special use permit for co-locating
on an existing tower or other suitable structure, where no increase
in height of the tower or structure is required, the nonrefundable
fee shall be as set by resolution of the Board of Trustees.
The applicant and the owner of record of any proposed wireless
telecommunications facilities property site shall, at its cost and
expense, be jointly required to execute and file with the Village
a letter of credit from a bank doing business in the County of Onondaga
State of New York, or such other form of security as the Board shall,
in its sole discretion, agree to, subject to the approval of the Village
Attorney as to type of security and the form and manner of execution,
in an amount of at least $75,000 for a tower facility and $25,000
for a co-location on an existing tower or other structure and with
such sureties as are deemed sufficient by the Village Attorney to
assure the faithful performance of the terms and conditions of this
article and conditions of any special use permit issued pursuant to
this article. The full amount of the letter of credit, or other approved
bond or security, shall remain in full force and effect throughout
the term of the special use permit and/or until any necessary site
restoration is completed to restore the site to a condition comparable
to that, which existed prior to the issuance of the original special
use permit.
A.
Owners of towers are to perform initial and periodic tower inspections
and maintenance to assure safety and to extend service life. Major
inspections are to be performed per the appropriate American National
Standards Institute (ANSI) Standard, EIA TIA-222-F Annex E, at a minimum,
every three years for guyed towers and every five years for self-supporting
towers. The report of the inspection will be provided to the Village
and any deficiencies noted in the report will be immediately corrected.
B.
In order to verify that the holder of a special use permit for wireless
telecommunications facilities and any and all lessees, renters, and/or
licensees of wireless telecommunications facilities, place and construct
such facilities, including towers and antennas, in accordance with
all applicable technical, safety, fire, building, and zoning codes,
laws, ordinances and regulations and other applicable requirements,
the Village may inspect all facets of said permit holder's, renter's,
lessee's or licensee's placement, construction, modification and maintenance
of such facilities, including, but not limited to, towers, antennas
and buildings or other structures constructed or located on the permitted
site.
A.
A holder of a special use permit for wireless telecommunications
facilities shall secure and at all times maintain public liability
insurance for personal injuries, death and property damage, and umbrella
insurance coverage, for the duration of the special use permit in
amounts as set forth below:
(1)
Commercial general liability, including products and completed
operations, XCU and contractual covering personal and advertising
injuries, bodily injury or death and property damage: $1,000,000 per
occurrence/$2,000,000 aggregate. The general liability insurance policy
must include an aggregate per project endorsement;
(2)
Automobile coverage, including hired and nonowned: $1,000,000
per occurrence/$2,000,000 aggregate;
(3)
Workers' compensation and New York State disability: statutory
amounts;
(4)
Umbrella/excess: $1,000,000 per occurrence/$2,000,000 aggregate.
B.
For a wireless telecommunications facility on property owned, leased
and/or controlled by the Village, the commercial general liability,
automobile and umbrella liability insurance policies shall specifically
include the Village and its officers, councils, employees, committee
members, attorneys, agents and consultants as additional insureds.
The commercial general liability shall use ISO form CG 2037.10-01
or its equivalent on a primary and noncontributory basis.
C.
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A minus and a financial size of VI or
greater.
D.
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days prior
written notice in advance of the cancellation of the insurance.
E.
Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
F.
Before construction of a permitted wireless telecommunications facilities
is initiated, but in no case later than 15 days after the grant of
the special use permit, the holder of the special use permit shall
deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
A.
Any application for wireless telecommunication facilities that is
proposed for property owned, leased and/or controlled by the Village,
pursuant to this article, shall contain a provision with respect to
indemnification. Such provision shall require the applicant, to the
extent permitted by law, to at all times defend, indemnify, protect,
save, hold harmless, and exempt the Village, and its officers, employees,
committee members, attorneys, agents, and consultants from any and
all penalties, damages, costs, or charges arising out of any and all
claims, suits, demands, causes of action, or award of damages, whether
compensatory or punitive, or expenses arising therefrom, either at
law or in equity, which might arise out of, or are caused by, the
placement, construction, erection, modification, location, products
performance, use, operation, maintenance, repair, installation, replacement,
removal, or restoration of said facility, excepting, however, any
portion of such claims, suits, demands, causes of action or award
of damages as may be attributable to the negligent or intentional
acts or omissions of the Village, or its servants or agents. With
respect to the penalties, damages or charges referenced herein, reasonable
attorneys' fees, consultants' fees, and expert witness fees are included
in those costs that are recoverable by the Village.
A.
In the event of a violation of this article or any special use permit
issued pursuant to this article, the Village may impose and collect,
and the holder of the special use permit for wireless telecommunications
facilities shall pay to the Village, fines and/or penalties as set
forth below.
C.
Notwithstanding anything in this article, the holder of the special
use permit for wireless telecommunications facilities may not use
the payment of fines, liquidated damages or other penalties, to evade
or avoid compliance with this article or any section of this article.
An attempt to do so shall subject the holder of the special use permit
to termination and revocation of the special use permit. The Village
may also seek injunctive relief to prevent the continued violation
of this article, without limiting other remedies available to the
Village.
If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this article or of a special use permit issued hereunder, it shall be considered a violation of this article. A permit holder in violation may be considered in default and subject to fines as in § 345-105, and, if a violation is not corrected to the satisfaction of the Village in a reasonable period of time, any special use permit is subject to revocation by the Board.
A.
Under the following circumstances, the Board may determine that the
health, safety, and welfare interests of the Village warrant and require
the removal of wireless telecommunications facilities:
(1)
Wireless telecommunications facilities with a permit have been
abandoned (i.e., not used as wireless telecommunications facilities)
for a period exceeding 90 consecutive days or a total of 180 days
in any three-hundred-sixty-five-day period, except for periods caused
by force majeure or Acts of God, in which case, repair or removal
shall commence within 90 days;
(2)
Permitted wireless telecommunications facilities fall into such
a state of disrepair that it creates a health or safety hazard;
(3)
Wireless telecommunications facilities have been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required special use permit, or any other necessary authorization
and the special permit may be revoked.
B.
If the Board makes such a determination as noted in Subsection A of this section, then the Village shall notify the holder of the special use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed. The Board may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
C.
The holder of the special use permit, or its successors or assigns,
shall dismantle and remove such wireless telecommunications facilities,
and all associated structures and facilities, from the site and restore
the site to as close to its original condition as is possible, such
restoration being limited only by physical or commercial impracticability,
within 90 days of receipt of written notice from the Village. However,
if the owner of the property upon which the wireless telecommunications
facilities are located wishes to retain any access roadway to the
wireless telecommunications facilities, the owner may do so with the
approval of the Board.
D.
If wireless telecommunications facilities are not removed within
30 days after the permit holder has received notice, then the Board
may order officials or representatives of the Village to remove the
wireless telecommunications facilities at the sole expense of the
owner or special use permit holder. A formal request by an applicant,
for a time extension, with just cause, will be considered.
E.
If the Village removes or causes to be removed wireless telecommunications
facilities, and the owner of the wireless telecommunications facilities
does not claim and remove it from the site to a lawful location within
10 days, then the Village may take steps to declare the wireless telecommunications
facilities abandoned and sell them and their components.
F.
Notwithstanding anything in this section to the contrary, the Board
may approve a temporary use permit/agreement for the wireless telecommunications
facilities, for no more 90 days, during which time a suitable plan
for removal, conversion, or relocation of the affected wireless telecommunications
facilities shall be developed by the holder of the special use permit,
subject to the approval of the Board, and an agreement to such plan
shall be executed by the holder of the special use permit and the
Mayor of the Village. If such a plan is not developed, approved and
executed within the ninety-day time period, then the Village may take
possession of and dispose of the affected wireless telecommunications
facilities in the manner provided in this section.
Any applicant desiring relief, waiver or exemption from any
aspect or requirement of this article may request such at the preapplication
meeting, provided that the relief or exemption is contained in the
submitted 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 tower and/or facilities. Such relief may be
temporary or permanent, partial or complete. However, the burden of
proving the need for the requested relief, waiver or exemption is
solely on the applicant to prove. The applicant shall bear all costs
of the Village in considering the request and the relief, waiver or
exemption. No such relief or exemption shall be approved unless the
applicant demonstrates by clear and convincing evidence that, if granted
the relief, waiver or exemption will have no significant affect on
the health, safety and welfare of the Village, its residents and other
service providers.
A.
To the extent that the holder of a special use permit for wireless
telecommunications facilities has not received relief, or is otherwise
exempt, from appropriate state and/or federal agency rules or regulations,
then the holder of such a special use permit shall adhere to, and
comply with, all applicable rules, regulations, standards, and provisions
of any state or federal agency, including, but not limited to, the
FAA and the FCC. Specifically included in this requirement are any
rules and regulations regarding height, lighting, security, electrical
and RF emission standards.
B.
To the extent that applicable rules, regulations, standards, and
provisions of any state or federal agency, including but not limited
to the FAA and the FCC, and specifically including any rules and regulations
regarding height, lighting, and security are changed and/or are modified
during the duration of a special use permit for wireless telecommunications
facilities, then the holder of such a special use permit shall conform
the permitted wireless telecommunications facilities to the applicable
changed and/or modified rule, regulation, standard, or provision within
a maximum of 24 months of the effective date of the applicable changed
and/or modified rule, regulation, standard, or provision, or sooner
as may be required by the issuing entity.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the Village, state or federal government, this article shall apply.
This article is enacted pursuant to applicable authority granted
by the state and federal government.
