[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.]
GENERAL REFERENCES
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.
Any equipment, shed, fencing or structure, or combination
thereof, containing any electrical components necessary for the proper
operation of primary antennas.
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.
All zoning districts except residential districts.
The Federal Aviation Administration.
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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
Criteria in residential zoning districts. No wireless facility may
be constructed or added in a residential-zoned district of the Village
of Islandia.
D.
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[1] herein, and must meet the following requirements:
(1)
The wireless communication facility will not be closer than 1,500
feet to homes, day care centers, schools and houses of worship.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
New antennas located on existing towers shall be flush mounted or
internally mounted.
(7)
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.
[1]
Editor's Note: So in original.
E.
Design.
(1)
The tower shall be designed in such a manner as to minimize any visual
impacts.
(2)
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.
(3)
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.
(4)
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.
(5)
No signs are permitted on towers except safety instructions or similar
material.
(6)
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:
A.
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.
B.
Adjacent roadways, rights-of-way, land uses, structures and zoning
on land within 1/2 mile.
C.
Setbacks from property lines.
D.
Environmental assessment long form.
E.
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.
F.
Landscape plan, including fencing and fence screening.
G.
Analysis of physical need for additional towers or antennas.
H.
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.
I.
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.
J.
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.
K.
Location and separation distance between all other existing and proposed
facilities within the Village and/or within five miles.
L.
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.
M.
Visual impact analysis, including:
(1)
Identification of visually sensitive sites, including parks, historic
sites and residential areas.
(2)
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.
(3)
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.
B.
Standards applying to all residential use districts.
(1)
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.
(2)
Ground-mounted satellite dishes shall not exceed 10 feet in diameter
or exceed a height of 15 feet above the average grade level.
(3)
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.
(4)
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.
C.
Standards applying to all commercial, professional and industrial
districts.
(1)
Ground-mounted satellite antennas shall be placed only in the rear
yard, excluding the rear yard setback areas.
(2)
Roof-mounted satellite antennas shall be mounted on the rear half
of the building roof and shall not exceed 10 feet in diameter.
(3)
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.
