[HISTORY: Adopted by the Board of Trustees of the Village of Islandia 11-15-2011 by L.L. No. 3-2011. Amendments noted where applicable.]
Zoning — See Ch. 177.
In recognition of advancing technology and the increased demand and need for wireless communications towers and facilities, the Board of Trustees hereby determines that it is in the interests of the Village of Islandia and its residents in order to protect public safety and welfare that when deliberating the location of wireless communications facilities, due consideration shall be given to the Village's Comprehensive Plan, the priority of municipal uses as well as the development of municipally owned or leased wireless communications facilities, existing land uses and development, environmentally sensitive areas, aesthetics and other appropriate factors in approving sites for the location of towers and/or facilities. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services.
As used in this chapter, the following terms shall have the meanings indicated. The inclusion or omission of a definition does not mean that an item is either prohibited or precluded or approved.
- ACCESSORY WIRELESS FACILITY
- Any equipment, shed, fencing or structure, or combination thereof, containing any electrical components necessary for the proper operation of primary antennas.
- ALTERNATIVE TOWER STRUCTURE
- Any man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that fully or partially camouflage or conceal the presence of antennas or towers in a manner so as to mitigate the visual or other impacts of the antenna or tower, subject to the review and approval of the Board of Trustees.
- Any exterior transmitting or receiving device 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 communications signals.
- COMMERCIAL DISTRICTS
- All zoning districts except residential districts.
- The Federal Aviation Administration.
- MUNCIPALLY OWNED OR LEASED FACILITY
- Property that is owned by the Village of Islandia and which is used or leased to be used as the site of a wireless communications facility.
- PREEXISTING TOWERS AND PREEXISTING ANTENNAS
- Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this chapter including permitted towers or antennas that have not yet been completed or constructed, provided that such approved permit(s) is current and has not expired; or any tower which is constructed and has a certificate of compliance.
- ROOF-MOUNTED COMMUNICATIONS FACILITY
- A wireless communications facility which is mounted and supported on the roof or any rooftop appurtenance of a legally existing building or structure.
- Any structure that is designed and constructed for the principal purpose of supporting one or more antennas for telephone, personal communications services, common carrier services, radio and television transmission, microwave transmission, and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes the structure and any support thereto.
- WALL-MOUNTED COMMUNICATIONS FACILITY
- A wireless communications facility which is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features, such as parapets, chimneys and similar appurtenances.
- WIRELESS COMMUNICATIONS FACILITY
- A facility that transmits and/or receives electromagnetic signals, including any tower or antenna, as defined herein.
No new wireless communications facility shall be erected, moved, reconstructed or altered to serve as a transmission, reception or relay facility except by approval of the Board of Trustees, in compliance with the regulations set forth in this section.
Municipal property. Wireless communications facilities shall not be permitted in the zoning districts of the Village of Islandia except where the property is owned by the Village of Islandia.
Criteria in all zoning districts. No wireless facility may be constructed or added in any zoning district of the Village of Islandia unless the subject property is owned by the Village of Islandia unless a compelling need is demonstrated by the owner of the subject property that there is a gap in service and an absolute need (not a low level of service) at that location.
Criteria in residential zoning districts. No wireless facility may be constructed or added in a residential-zoned district of the Village of Islandia.
Criteria in nonresidential districts. Wireless communications facilities located in nonresidential zoning districts are subject to § 151-4B above and site plan approval and special permit approval from the Board of Trustees. provided herein, and must meet the following requirements:
The wireless communication facility will not be closer than 1,500 feet to homes, day care centers, schools and houses of worship.
Equipment accessory to a roof-mounted antenna shall be set back a minimum of four feet for every one foot in height of the accessory equipment but in no instance shall protrude more than 15 feet above the average height of the building in order to minimize its visibility from adjacent properties or roadways. Installation of an antenna and associated equipment shall incorporate a design that is contextual with the structure on which the antenna is co-locating, and antennas shall not protrude more than 15 feet above the average height of the building.
Any wall-mounted antenna shall not protrude above the roof parapet or roofline and shall be painted to match the color of the existing structure. No portion of the antenna shall extend more than 18 inches from the facade of the building.
A tower base shall be set back from the property line by a minimum distance equal to 110% of the height of the tower. Accessory wireless facilities shall comply with all other dimensional requirements of the underlying zoning district.
Wireless communications facilities located on preexisting structures or buildings in commercial districts are not subject to special permit approval, provided that they have all necessary Building Division permits and are not visible to any residential use or zone as determined by the Building Inspector and/or the Village Engineer. New antennas co-locating on an existing tower approved by the Board of Trustees shall not be subject to this requirement.
New antennas located on existing towers shall be flush mounted or internally mounted.
No new tower shall be permitted within 1,500 feet of a residential zone unless it is demonstrated that adequate service cannot be provided within a coverage gap area (not a low-level service area) by exhausting all other available and reasonable locations for the proposed tower outside the one-thousand-five-hundred-foot area to the satisfaction of the Board of Trustees.
Editor's Note: So in original.
The tower shall be designed in such a manner as to minimize any visual impacts.
If a wireless communications facility is located on a building, it shall be neutral in color, or similar in color to the building, and every effort shall be made to conceal the facility.
Accessory wireless facilities shall be screened and landscaped and shall maximize use of building materials, colors and textures designed to blend with the natural or existing surroundings to minimize any visual impacts.
The base area shall be surrounded by a six-foot-high fence. The surrounding fence shall be screened by a continuous row of evergreen trees of at least six feet in height and planted five foot on center at time of installation.
No signs are permitted on towers except safety instructions or similar material.
A tower shall not be lighted unless required by the FAA or otherwise required for safety reasons.
Any antenna or tower that is not operated for a continuous period of 12 months shall be deemed abandoned. The owner of such antenna/tower/site shall remove the same at the owner's expense within 90 days of notice. The Village reserves the right, after 90 days' written notice sent certified mail, return receipt requested, to the owner, to remove the antenna or tower and shall bill the owner for any expense incurred. All costs associated with same shall be assessed to the owner's next tax bill.
Applications shall include the following:
The location, type and height of the wireless communications facility and whether it is to be located on an existing structure, co-located or on a telecommunications tower.
Adjacent roadways, rights-of-way, land uses, structures and zoning on land within 1/2 mile.
Setbacks from property lines.
Environmental assessment long form.
Scaled drawing of the site, including elevation drawings of the structure, a visual study showing where, within one mile, the tower could be seen, the distance between all structures and proposed means of access.
Landscape plan, including fencing and fence screening.
Analysis of physical need for additional towers or antennas.
Written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reasons why the subject site was chosen. Written requests and responses for site location alternative analysis shall be provided, in addition to the names, addresses and telephone numbers of the current owner(s) of those sites. If the proposed plan is to locate in a residential area, the applicant must show a good faith effort to locate in a nonresidential area and that locating in a commercial or industrial zone is not feasible.
Evidence of a good faith effort to co-locate or locate on existing towers, structures or buildings and why it is not feasible. Written requests and responses for co-location efforts shall be provided, in addition to the names, addresses and telephone numbers of the current owner(s) of those structures.
The application must provide for any evidence that the proposed wireless communications facility can accommodate, at a minimum, three times capacity to allow for future lease and co-location. Future lease fees shall be at a reasonable market price. Competing providers are required to negotiate fairly regarding co-location leases. A future co-location applicant cannot be denied except for mechanical, structural or regulatory reasons.
Location and separation distance between all other existing and proposed facilities within the Village and/or within five miles.
Coverage map(s) depicting existing and proposed coverage for each proposed carrier. Said maps shall be submitted in both paper and electronic form. Paper maps shall be at least 11 inches by 17 inches in size and shall contain coverage areas superimposed over current aerial photography. Electronic formats shall be submitted in any industry-standard geographic information system (GIS) format. In addition, said maps shall be accompanied by a certified report by a radio frequency engineer and shall depict any existing and proposed signal strength levels.
Visual impact analysis, including:
Identification of visually sensitive sites, including parks, historic sites and residential areas.
Visualization photographs from key viewpoints. Photographs shall be conducted when leaves are off trees if trees are in front of the view of a proposed tower.
In the event a crane or other equipment is utilized to simulate the proposed tower on the subject property for the visualization photographs, the owners of surrounding properties within 200 feet of the site and the Village of Islandia shall be notified no less than 10 days prior to the test by certified letter, return receipt requested. Said notification shall include two rain dates in the event inclement weather prevents the visualization study from taking place.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Trustees that no existing tower, structure or building can accommodate the applicant's proposed antenna.
The Board of Trustees shall be authorized to retain the services of competent radio frequency engineers, real estate experts and/or attorneys where reasonably necessary to review an application or proposal, including, but not limited to, reviewing expert testimony provided on behalf of the applicant and supplementing submissions. The consultant(s) may review coverage maps, alternative site locations, co-location opportunities or other criteria that may be associated with the application or proposal. The consultant shall review all submissions in accordance with all applicable federal, state and local codes, rules and regulations and make recommendations to the Board of Trustees. The cost of retaining such competent consultants shall be borne by the applicant. The costs of any consultant shall be reasonable, and the work and associated billing shall be viewable by the applicant upon request.
Facilities are subject to site plan approval and special permit approval from the Board of Trustees and must meet the following requirements:
Satellite antennas shall be permitted as an accessory structure within any use district, subject to the requirements contained herein and subject to the issuance of a building permit from the Village of Islandia.
Standards applying to all residential use districts.
Ground-mounted satellite antennas shall not be located in any front or side yard area, with the exception of a corner or a cul-de-sac lot where the side yard is larger than the rear yard.
Ground-mounted satellite dishes shall not exceed 10 feet in diameter or exceed a height of 15 feet above the average grade level.
Ground-mounted satellite antennas shall be screened at the base with evergreen plants, shall be finished in a color that blends with the surrounding environment and shall not be visible from any street.
Roof-mounted satellite antennas shall not exceed two feet in diameter or project above the ridgeline of any building on the property, nor shall they be visible from any street.
Standards applying to all commercial, professional and industrial districts.
Ground-mounted satellite antennas shall be placed only in the rear yard, excluding the rear yard setback areas.
Roof-mounted satellite antennas shall be mounted on the rear half of the building roof and shall not exceed 10 feet in diameter.
Satellite antennas shall not be visible from any street. An architectural screen consisting of material compatible with the building type and style or landscaping may be utilized, subject to the review and approval of the Village of Islandia.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand, notwithstanding the invalidity of any part.