As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED
Any facility which has not been operational for six consecutive
months.
ACCESSORY STRUCTURE
A structure such as a storage shed or other type of enclosure
for equipment, equipment cabinets, support structures for equipment
or other appurtenances used in conjunction with the operation of a
wireless telecommunications facility as defined herein and located
on the same lot as the wireless telecommunications facility.
ANTENNA
Any exterior transmitting or receiving devices mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
ANTENNA ARRAY
A set or group of antennas aligned at the same height for
use by a particular carrier of telecommunications wireless services.
ANTENNA SUPPORT STRUCTURE
Any building or structure, other than a freestanding tower,
used to support antennas used in personal wireless services.
APPLICANT
A person, firm, organization or company applying for either
an antenna location permit (hereinafter referred to as "ALP") or a
special use permit under the provisions of this chapter. An applicant
must qualify as a wireless carrier/service provider as defined herein.
APPLICATION
A request to the Village for either an ALP or a special use
permit for a wireless telecommunications facility under the provisions
of this chapter. 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
Building Inspector concerning such request.
BUILDING INSPECTOR
The head of the Village Building Department (hereinafter
referred to as "BI").
CAMOUFLAGE
The construction of facilities to house or support a wireless
telecommunications facility so that the towers and/or antennas blend
readily with the landscape, neighborhood, and adjacent architectural
features.
COLOCATION
Placement of two or more wireless telecommunications facilities
upon a single structure (including but not limited to existing freestanding
wireless telecommunications facility structures, buildings, water
towers, etc.).
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.
ENGINEER
Any person licensed by the State of New York to practice
engineering services.
EQUIPMENT
Computers, batteries, generators, transmission equipment
and cabinets, etc., which are utilized to power and/or operate a wireless
telecommunications facility.
FACILITY
A wireless telecommunications facility.
FREESTANDING WIRELESS TELECOMMUNICATIONS FACILITY
A structure, such as a monopole or lattice tower, constructed
or existing specifically for the purposes of supporting an antenna(s)
and/or equipment used in conjunction with the operation of one or
more wireless telecommunications facilities.
FREQUENCY
The number of complete oscillations per second of energy
(as sound or electromagnetic radiation) in the form of waves.
HEIGHT
The distance measured vertically from the average level of
the curb of the lowest adjoining street or from the lowest point within
a radius of 200 feet measured from the facility, whichever is lower,
to the highest point on the building, structure or freestanding wireless
telecommunications facility as prescribed in the ordinances of the
Village of Haverstraw.
INCUMBENT WIRELESS TELECOMMUNICATIONS FACILITY
Any wireless telecommunications facility legally constructed,
erected and operated as of the date of adoption of this chapter, or
one erected under a special permit issued by the Planning Board in
accordance with this chapter and for which all applicable permits
have been acquired from all appropriate government authorities.
MODULATION
The variance of the amplitude, frequency or phase of an electromagnetic
wave for the transmission of information.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna which was legally constructed prior
to the effective date of this chapter, or for which building permits
were legally issued prior to the effective date of this chapter but
have not yet been constructed, so long as such permits are current
and not expired.
PUBLIC UTILITY
Any company authorized (either by the New York State Public
Service Commission, a municipality or other such authority) to provide
water, electric, gas or telephone services to the public.
PUBLIC UTILITY STRUCTURE
Any structure erected for the purposes of providing a public
utility service, including but not limited to water towers, electric
transmission towers/poles and telephone poles.
RADIO FREQUENCY (RF)
A frequency of electromagnetic spectrum referred to as "radio
frequency" as defined by the FCC. Hereinafter also referred to as
"RF."
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 (SUP)
The permit granted by the Planning Board, by which an applicant
is allowed to apply to the BI for a building permit to construct and
use a wireless telecommunications tower (hereinafter referred to as
"SUP").
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."
TOWER
A type of structure used to support wireless telecommunications
facilities.
VILLAGE
The Village of Haverstraw, County of Rockland, State of New
York.
VILLAGE BOARD
The elective governing body of the Village of Haverstraw.
WIRELESS TELECOMMUNICATIONS FACILITY
Antenna(s) and associated equipment and/or structures (including
but not limited to monopoles, lattice towers, etc.) used to transmit
and/or receive audio, video, data and other information using radio
frequency energy and other electronic or electromagnetic systems.
The antenna(s) and equipment of each wireless carrier will be considered
a wireless telecommunications facility (hereinafter referred to as
"WTF").
Any WTF which is established, installed, erected, constructed,
reconstructed or significantly altered subsequent to the date of adoption
of this chapter must conform to the provisions herein. Except as provided
for herein, no permit for any new freestanding WTF shall be issued
unless a SUP is granted by the Planning Board. However, for a colocation
installation, an ALP shall be issued as long as the requirements of
this code are satisfied. The Planning Board shall review all applications
which require a SUP for WTFs, hold a public hearing and approve the
application with modifications, or disapprove applications as provided
for herein. Notwithstanding the foregoing, no SUP shall be required,
and the BI shall have the authority to review and approve, approve
with modifications or disapprove applications for ALPs for WTFs for
colocation or as provided for herein.
Except as provided for herein, the provisions of this chapter
shall not apply to:
A. Satellite dish antennas which are regulated separately.
The following requirements must be met for all proposed WTFs:
A. Height.
(1) No antenna or any other transmitting or receiving device used in
conjunction with a WTF may extend more than 20 feet above the top
of the structure upon which it is placed. This height shall be measured
from the bottom of the antenna assembly (including any masts, supports,
etc., used to affix an antenna to a building or other structure) to
the top.
(2) The height of any proposed freestanding WTF shall be the minimum
necessary in order to meet the service needs of the wireless carrier
(applicant), unless the support structure, i.e., monopole, tower,
etc., is being constructed in order to allow colocation by other wireless
carriers. In such cases, the height of the WTF shall be the minimum
necessary in order to meet the needs of the applicant together with
the anticipated needs of the additional carriers being accommodated
for at the site, but in no case higher than 120 feet. Colocation and/or
the ability to colocate may be provided for at lower heights on the
support structure.
(3) The height of any accessory structure used in conjunction with the
operation of a WTF, including but not limited to equipment sheds and
shelters, shall not exceed 12 feet.
B. Setbacks and minimum lot areas. The following setback requirements
shall apply to all towers for which a special use permit is required:
(1) Towers and/or antennas shall comply with the setbacks and minimum
lot areas listed for use group M. Additionally, no tower shall be
located closer to a property line than a distance equal to 1/2 of
its height.
(2) Accessory buildings shall satisfy the setback requirements listed
for use group K.
C. Design, screening and camouflaging.
(1) If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical equipment, mechanical equipment
and visible accessory structures must be of a neutral color and similar
material that is identical to, or closely compatible with, the color
and material of the supporting structure so as to make the antenna
and other equipment as visually unobtrusive as possible.
(2) Where feasible, concealment of antennas within existing structures
should be used to reduce visual impacts.
(3) Where feasible, the use of stealth technology or stealth structures
shall be utilized to minimize the visual impacts of freestanding WTFs.
(4) All new freestanding WTFs must be designed to allow colocation by
one or more additional wireless carriers.
(5) All accessory structures, such as equipment, equipment cabinets,
etc., used in conjunction with a WTF which is located on a building,
must be located either on the roof of the building, within the building
or in a separate structure on the property which is screened by landscaping
and/or fencing to the satisfaction of the Planning Board.
(6) All equipment, equipment cabinets, etc., used in conjunction with
the operation of either a new freestanding WTF, a colocated WTF on
an existing freestanding structure or a WTF on a public utility structure
shall be enclosed in an equipment shed or shelter.
(7) Existing on-site vegetation shall be preserved or improved, and disturbance
of the existing topography shall be minimized, unless such disturbance
would result in less visual impact of the site to the surrounding
area.
(8) Landscaping must be used to screen all new freestanding WTFs and
a landscape plan must be submitted with any applications to erect
freestanding WTFs. The Planning Board may require landscaping or buffer
areas in excess of the requirements of the Haverstraw Village Zoning
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 any proposed tower and any accessory structures shall
be landscaped.
(9) All new freestanding WTFs and associated accessory structures shall
be enclosed by fencing not less than six feet in height and shall
also be equipped with appropriate anticlimbing devices. Fencing shall
be of chain link, wood or other approved alternative.
(10)
Lighting.
(a)
WTFs shall not be artificially lighted, unless required by the
Federal Aviation Administration or federal or state law.
(b)
If lighting is required, the Planning Board may review the available
lighting alternatives and approve the design that would cause the
least disturbance to the surrounding views and properties.
(11)
No signage or other identifying markings of a commercial nature
for the purpose of advertising shall be permitted upon any tower or
alternative tower structure.
The extent and parameters of a SUP or ALP (permit) for a WTF
shall be as follows:
A. Any permit may, following a hearing upon prior notice of at least
30 days to the applicant, be revoked, canceled terminated for a violation
of the conditions and provisions of the permit for the WTF, or for
a material violation of this chapter after prior written notice to
the applicant and the holder of the permit.
B. A holder of a 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.
C. Applicants shall submit information on the proposed radio frequency
emissions of their proposed WTF 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 Village Board. The cost of verification
of compliance shall be borne by the owner and operator of the tower.
D. All wireless telecommunication 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. The
owner of the WTF 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 WTF is jeopardized.
E. Owners of a WTF and owners of an antenna support structure 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.
F. Owners of a WTF shall install and maintain towers, antennas, antenna
attachments, accessory structures, wires, cables, fixtures and all
other equipment of the WTF 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.
G. All WTFs and antenna support structures shall at all times be kept
and maintained in good condition, order and repair so that the same
shall not menace or endanger the life, health, safety, welfare or
property of any person.
H. All maintenance or construction of WTFs and antenna support structures
shall be performed by licensed maintenance and construction personnel.
I. All WTFs shall maintain compliance with current RF emission standards
of the FCC.
J. In the event that the use of a WTF is discontinued by the WTF owner,
the WTF owner shall provide written notice to the Village of its intent
to discontinue use and the date when the use shall be discontinued.
Subsequent to the notice, the tower shall be removed pursuant to § 243-20.
K. Owners of a WTF shall provide the BI annually with a certification
by a New York State licensed professional engineer stating that the
WTF is in compliance with all applicable regulations and does not
pose any threat which shall endanger the health, safety and general
welfare of the community.
L. A cash deposit, letter of credit or bond from a surety company that
is both an admitted carrier in the State of New York and has an A.M.
Best's Rating of B- or better, or a Best's rating of 4 or
better.
(1) The cash deposit, letter of credit or bond must be in an amount equal
to 125% of the estimated cost of removing any proposed WTF equipment,
in the case it is abandoned, and of restoring the site.
(2) In the event that a penalty, fine or financial obligation is assessed
pursuant to the provisions of this chapter, the BI or the Village
Clerk/Treasurer may deduct the amount of such penalty from the cash
deposit.
(3) The applicant must maintain the required cash deposit, letter of
credit or bond at all times to assure the faithful performance of
the terms and conditions of this chapter and the conditions of any
permit issued pursuant to this chapter. The full amount of the bond
or security as determined when the permit is issued or as adjusted
thereafter pursuant to § 243-15C, shall remain in full force
and effect throughout the term of the permit and/or until the removal
of the WTF 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 permit and shall entitle the
Planning Board or BI to revoke the 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 permit.
All WTFs 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.
The holder of the 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. Such a certification
shall also be provided should any alterations to the WTF be made that
could reasonably be anticipated to change the NIER levels at the site.
Upon the written request by an applicant, the Planning Board
may waive or reduce any requirement included herein, where the Board
finds, based on the recommendations of its hired or retained experts
and/or consultants and upon advice of legal counsel, that all of the
following conditions apply:
A. That waiving or reducing the requirement will not result in the reasonable
likelihood of increased risk to the health, safety or general welfare
of residents or the Village of Haverstraw.
B. That waiving or reducing the requirement will not increase the reasonable
likelihood of potential visual, environmental, social or economic
impacts to be overlooked or understated.
C. That the requirement poses a significant and unreasonable burden,
expense or delay on the applicant.
D. That waiving or reducing the requirement will not undermine the legislative
intent as expressed in § 243-1 or the purposes of the Zoning
Local Law as expressed in §
245-1.