[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 3-9-1998 by L.L. No. 2-1998 (Ch. 63 of the 1976 Code); amended in its entirety 4-8-2019 by L.L. No. 4-2019. Subsequent amendments noted where applicable.]
Zoning — See Ch. 350.
It is the intent of the Board of Trustees of the Village of Lancaster to provide a safe and efficient method of erecting, regulating and removing telecommunications facilities, including but not limited to, towers, cellular sites, antenna and buildings within the boundary limits of the Village of Lancaster. This chapter is intended to provide for the appropriate location and development of communication facilities to serve the residents and businesses of the Village of Lancaster; to minimize adverse visual effects of towers through careful design, siting and vegetative screening; to avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; to maximize use of any new or existing communication towers to reduce the number of towers needed; to provide a safe and efficient means for the removal of unused facilities; and to provide for the upkeep of facilities currently being utilized at no cost to the Village taxpayers.
As used in this chapter, the following terms shall have the meanings indicated:
- An arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves. It shall also mean a system of electrical conductors that transmit or receive frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS) and microwave communications.
- The location on a communication tower (a design feature) which, in the event of a tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located.
- Consistent with the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, means:
- DISTRIBUTED ANTENNA SYSTEM (DAS)
- A network of spatially separated antenna sites connected to a common source that provides wireless communication service within a geographic area or structure.
- GUYED TOWER
- A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
- MICROCELL FACILITY
- Microcells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A microcell facility meets both the following qualifications: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed element, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume.
- MONOPOLE TOWER
- A communications tower consisting of a single pole, constructed without guy wires and ground anchors.
- Nonionizing electromagnetic radiation.
- PUBLIC RIGHT-OF-WAY
- Any way over which the public possesses the right to travel, which heretofore has been duly laid out, adopted and established by law, whether publicly owned or not including state, county, town and village highways and roads, streets, squares, places, courts, boulevards, parkways and other ways however designated to which the public has access.
- SELF-SUPPORTING TOWER
- A communications tower that is constructed without guy wires and ground anchors.
- SMALL WIRELESS FACILITY
- A wireless telecommunication facility, including but not limited to DAS and microcells that meets each of the following conditions:
- B. Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and
- C. All antenna equipment associated with the facility (excluding antennas and backup power and related backup power equipment) are cumulatively no more than 28 cubic feet in volume; and
- D. The facility does not require antenna structure registration under Part 17; and
- E. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b).
- STEALTH TECHNOLOGY
- Camouflaging methods applied to wireless communication facilities which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted facilities, building-mounted antenna painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like.
- A pole, tower, base station, or other building, regardless of whether it has an existing antenna facility that is used or to be used for the provision of personal wireless service whether on its own or comingled with other types of services.
- TELECOMMUNICATIONS PERMIT
- A telecommunication tower permit or small wireless facility permit.
- TELECOMMUNICATIONS SITE
- A building or other permanent structure intended for transmitting or receiving television, AM/FM radio, digital, paging, personal communication services, microwave, cellular, telephone or similar forms of electronic communication.
- TELECOMMUNICATIONS TOWER
- A guyed, monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, paging, personal communication services, microwave, cellular, telephone or similar forms of electronic communication other than a small wireless facility.
- TELECOMMUNICATIONS TOWER PERMIT APPLICATION
- An application submitted to the Village of Lancaster Code Enforcement Officer, which shall contain the following information in addition to any other information deemed relevant by the Board of Trustees of the Village of Lancaster:
- A. Four copies of all building plans.
- C. Such performance, maintenance and removal bond(s) and such guaranties as may be required by the Board of Trustees.
- D. A detailed map indicating the placement of all other telecommunications towers and communications towers within the geographical limits of the Town of Lancaster.
- E. Proof of notification (certified mail return receipts) by the applicant to all property owners within 500 feet of the boundaries of the property upon which a proposed tower is to be situated based upon the latest assessment rolls available from the municipality and to all public utilities, including water, sewer, gas, electric, telephone and cable.
- F. A site plan providing the information requirements of § 350-56E prepared to scale and in sufficient detail and accuracy and showing at a minimum:
- (1) The exact location of any proposed tower, including latitude and longitude, together with guy wires and guy anchors, if applicable.
- (2) The maximum height of any proposed tower.
- (3) A detail of proposed tower type (monopole, guyed, self-supporting or other).
- (4) The color or colors of any proposed tower.
- (5) The location, type and intensity of any lighting on any proposed tower.
- (6) The property boundaries (a copy of a property survey must also be provided).
- (7) Proof of the landowner's consent if the applicant will not own the property.
- (8) The location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of the structures to the tower.
- (9) The names and addresses of adjacent landowners based on the latest assessment roles available from the municipality.
- (10) The location, nature and extent of any proposed fencing and landscaping or screening.
- (11) The location and nature of proposed utility easements and access roads, if applicable.
- (12) Building elevations of accessory structures or immediately adjacent buildings.
- (13) Propagation studies demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
- G. For antennas that are to be attached to an existing communications tower, a structural analysis/report verifying the ability of the structure to handle the additional antenna.
- H. A statement by the applicant or an officer thereof that radio frequency emissions shall not exceed limits established by the Federal Communications Commission.
- The Village of Lancaster, the Village of Lancaster Board of Trustees, The Village of Lancaster Planning Commission, the Village of Lancaster Code Enforcement Officer and/or The Village of Lancaster Building Inspector.
Telecommunications tower permit required. Any party interested in constructing, erecting or modifying a telecommunications tower or telecommunications site other than a small wireless facility within the Village of Lancaster shall file a telecommunications tower permit application with the Code Enforcement Officer of the Village of Lancaster. The telecommunications tower permit application shall be reviewed by the Planning Commission and the Superintendent of Public Works which upon review shall make its recommendation to the Village Board. The telecommunications tower permit application shall be reviewed to determine whether the proposed telecommunications tower or site shall be constructed, erected or modified in accordance with the provisions of this chapter. Approval, disapproval or conditional approval shall be given by the Village Board.
Subject to § 120-3B(2) below, the erection of telecommunication towers subsequent to the enactment of this chapter shall be limited to municipal property and districts identified within Chapter 350 of the Lancaster Village Code as M-1 Manufacturing Districts or M-IP Industrial Park Districts. Use of municipal property may be subject to any lease arrangements and other terms and conditions as may be deemed appropriate by the Board of Trustees.
If the limitations set forth in § 120-3B(1) above shall effectively prohibit the provision of personal wireless services within an area of the Village of Lancaster, the erection of telecommunication towers subsequent to the enactment of this chapter shall be limited in the following order to that classification of zoning district necessary so as to not effectively prohibit the provision of personal wireless service within said area of the Village of Lancaster.
Telecommunications towers, facilities and antenna shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic affect on neighboring residences to the extent possible, the Board of Trustees may impose reasonable conditions on the applicant, including but not limited to the following:
Use of a monopole or guyed wire instead of a freestanding tower.
Reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
Additional site plan requirements, such as additional screening, greater setbacks and improved landscaping, to address aesthetic and safety concerns.
The Village may require the applicant to show that it has made good faith efforts to collocate on existing towers or other available and appropriate structures or to construct new towers near existing towers in an effort to consolidate visual disturbances.
Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Towers shall be of a nonreflective finish, the color of which shall be subject to approval. Any lights which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by FAA.
No tower shall contain any advertising signs or devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.
The applicant must submit a copy of its policy regarding collocation on any proposed tower with other potential future applicants. Such policy should allow collocation under the following conditions:
Traffic, access and safety.
A road turnaround and one parking space shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height as measured from the finished grade or otherwise sufficiently protected from trespassing or vandalism.
Radiation standards. All proposed communications towers shall comply with current standards of the Federal Communications Commission for nonionizing electromagnetic radiation and electromagnetic fields.
All electrical and telephone service shall be underground. If high voltage is necessary for the operation of the communications tower or any accessory structures, appropriate warning signs shall be permanently attached to the fence or wall and shall be spaced not more than 40 feet apart.
"No Trespassing" warning signs shall be permanently attached to the fence or wall and shall be spaced not more than 40 feet apart.
Inspection. The Code Enforcement Officer and/or Board of Trustees may require periodic inspections of the telecommunications facilities to ensure structural integrity and adherence with this chapter. Based upon the results of that inspection, the Board of Trustees and/or Code Enforcement Officer may require repair, replacement or removal of nonconforming structures.
The Superintendent of Public Works, in conjunction with the Board of Trustees and the Code Enforcement Officer, may promulgate other rules and regulations with regard to breakpoints and telecommunications facilities as may be deemed necessary from time to time to implement the intent of this chapter.
Removal of tower. The applicant shall agree to remove a proposed tower if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for four consecutive months. The Board of Trustees shall require the applicant to provide a demolition bond in an amount to be determined by the Board of Trustees based upon the cost of removal or such other security as the parties may agree for purposes of removal in case the applicant fails to remove the tower as otherwise required.
Structural safety. During the application process and every three years after construction of the tower, the applicant/owner shall provide a certification from a qualified, professional engineer, certifying that a proposed tower meets applicable structural safety standards and that an inspection of the tower, all accessory structures and all fencing has been made by the applicant/owner.
All telecommunications facilities shall be maintained in good order and repair.
No tower shall exceed 200 feet in height from the base of the tower to the topmost portion of the tower.
Small wireless facility permit required.
Any party interested in constructing, erecting or modifying a small wireless facility within the Village of Lancaster shall file a small wireless facility permit application with the Code Enforcement Officer of the Village of Lancaster. The small wireless facility permit application shall be reviewed by the Planning Commission and the Superintendent of Public Works which upon review shall make its recommendation to the Village Board. The small wireless facility permit application shall be reviewed to determine whether the proposed small wireless facility shall be constructed, erected or modified in accordance with the provisions of this chapter. Approval, disapproval or conditional approval shall be given by the Village Board.
The Code Enforcement Officer or Planning Commission subject to review by the Village Board or the Village Board shall be empowered to condition the issuance of a building permit upon implementation of stealth technologies or other measures which mitigate visual effect.
All applications for small wireless facilities permits shall comply with all applicable provisions of this section. However, notwithstanding anything to the contrary, where appropriate, the Village Board shall have the authority to waive any requirements set forth in this section relating to an application for, or approval of, a small wireless facility permit, provided that it would further the purposes of this section.
An application for a small wireless facilities permit 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. The landowner, if different than the applicant, shall also sign the application. Any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
The applicant must provide documentation to verify it has a legal interest in the site, if not within the public right-of-way. Said documentation may be in the form of a deed, contract or sale or lease for the property, depending on whether the applicant is the property owner, contract-vendee or lessee.
The applicant shall include a statement, in writing, that:
The applicant's proposed small wireless facility shall be maintained in a safe manner and in compliance with all conditions of the small wireless facility permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and
The construction of the small wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the New York State.
If proposing a new structure for the purpose of supporting a small wireless facility, the application shall be accompanied by a map which shows the applicant's existing and proposed area of coverage. Such map should locate all existing wireless telecommunication facility sites within the Village and within 1/2 mile of the proposed small wireless facility.
In addition to all other required information as stated in this section, all applications for the construction or installation of new small wireless facility or modification of an existing small wireless facility shall contain the following information:
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;
Documentation that demonstrates and proves the need for the small wireless facility to provide service primarily and essentially within the Village. Such documentation shall include, but not be limited to:
Information relating to all other wireless telecommunication facilities or antennas associated with such wireless telecommunication facilities that are to be deployed in the Village in conjunction with the proposed small wireless facility;
Propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage;
The name, address and phone number of the person preparing the report;
The name, address, and phone number of the property owner, operator and applicant;
The postal address and Tax Map parcel number of the property;
The zoning district or designation in which the property is situated;
The size of the property stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines, if the proposed small wireless facility is located outside the public right-of-way;
The location of the nearest residential structure;
The location, size and height of all existing and proposed structures on the property which is the subject of the application;
The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed small wireless facility is located outside the public right-of-way;
The number, type and model of the antenna(s) proposed, with a copy of the specification sheet;
The make, model, type and manufacturer of the utility pole, monopole or other structure on which any antenna or accessory equipment for a small wireless facility is to be located and a design plan stating the structure's capacity to accommodate multiple users;
A site plan providing the information required by § 350-56E and describing any new proposed structure and antenna(s) and all related fixtures, accessory equipment, appurtenances and apparatus, including but notlimited to height above preexisting grade, materials, color and lighting;
The frequency, modulation and class of service of radio or other transmitting equipment;
The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s);
The direction of maximum lobes and associated radiation of the antenna(s);
The applicant's proposed maintenance and inspection procedures and related system of records;
Documentation justifying to the total height of any proposed antenna and structure and the basis therefor. Such justification shall be to provide service within the Village, to the extent practicable, unless good cause is shown;
Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC;
A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices;
A copy of the FCC license applicable for the intended use of the wireless telecommunication facilities;
Certification that a topographic and geomorphologic study and analysis has been conducted, and that, taking into account the subsurface and substrate, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site, though the certifying engineer need not be approved by the Village; and
Information relating to the expected useful life of the proposed small wireless facility.
The applicant shall furnish written certification that the small wireless facility and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the wireless facility is subsequently approved and constructed, as-built certification indicating that the facility has been constructed in accordance with all standards shall be furnished prior to the Village prior to issuance of any certificate of occupancy or compliance.
All proposed small wireless facilities shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, will employ stealth technologies as directed by the Village, where appropriate, and will thereby have the least adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the wireless telecommunication facility.
General and specific requirements for small wireless facilities.
Design. All small wireless facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All small wireless facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Village.
Wind and ice. All small wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
Aviation safety. Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety.
Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
Radio frequency emissions. A small wireless facility shall not, by itself or in conjunction with other wireless telecommunication facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a small wireless facility is complete, as-built readings will be taken and submitted to the Village.
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
Small wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Village's residents.
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
The owner or operator of a small wireless facility shall maintain standby power generators or batteries capable of powering the small wireless facility for at least 12 hours without additional public utility power and indefinitely with a continuous or replenished fuel supply, where appropriate. Such standby power shall activate automatically upon the failure of public utility power to the site. Notwithstanding the foregoing, the Planning Board may waive the requirement for back-up power, where appropriate, including but not limited to when a small wireless facility is not located in a densely populated area or on a major thoroughfare.
For small wireless facility applications the Planning Board or the Village Board may, at its discretion, require a public hearing.
All decisions of the Planning Board or the Village Board involving applications for a small wireless facility permit shall be in writing and supported by substantial evidence contained in a written record.
Timeframes for approval.
Within 60 days of receipt of a complete application for the collocation of a small wireless facility on a preexisting utility pole, monopole or other existing wireless telecommunication facility support structure, the Village Board shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
Within 90 days of receipt of a complete application for a small wireless facility on a new utility pole, monopole or other new wireless telecommunication facility support structure, the Village Board shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.
Within 10 days of receipt of an incomplete application for a small wireless facility, the Village shall notify the applicant in writing of any supplemental information required to complete the application. Upon receipt of an applicant's supplemental information in response to the initial notification of incompleteness by the Village, the applicable time frame will reset to zero and the Village Board shall have the full 60 or 90 days permitted by law to act on the completed application.
For any subsequent determinations of incompleteness beyond the initial, the Village shall notify the applicant of any required supplemental information within 10 days of receipt of the supplemental submission and such notice shall toll the applicable time frame until the applicant submits the required supplemental information.
All time periods set forth in this section reference calendar days.
Applications for small wireless facilities shall locate, site and erect said facility in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority.
Collocation on existing utility poles, monopoles or other wireless telecommunication facility support structures on lands owned or controlled by the Village, not including the public rights-of-way;
Collocation on a site with existing wireless telecommunication facilities or other wireless telecommunication facility structures in the Village;
On other lands owned or controlled by the Village, including, but not limited to, the Village public right-of-way;
On lands owned or controlled by other municipal corporations within the Village, to the extent permitted by such other municipal corporation;
On nonresidential zoned properties;
On residential zoned properties; and
No small wireless facilities shall be permitted in an historic district or upon a historic landmark, unless the applicant demonstrates to the Village's satisfaction that the selected site is necessary to provide adequate service and no feasible alternative site exists. Approval shall be required from the Lancaster Village Historic Preservation Commission before any small wireless facility is approved in an historic district or upon an historic landmark.
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 special use 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.
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 collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Planning Board why collocation is commercially impracticable.
Notwithstanding the above, the Planning Board or Village Board may approve any site located within the Village, provided that the Planning Board or Village Board finds that the proposed site will further the purposes of this section, is in the best interest of the safety, public welfare, character and environment of the Village and will not have a deleterious effect on the nature and character of the community and surrounding properties.
Height. Small wireless facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate collocation by additional antenna arrays, but under no circumstances is the height to be in excess of what is permitted for small wireless facilities.
Setback. All wireless telecommunication support structures for small wireless facilities located outside the public right-of-way shall be set back from the property line of the lot on which it is located a distance equal to not less than the total height of the facility, including support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure.
All small wireless facilities shall be sited so as to have the least adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the wireless telecommunications facilities sites. 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 federal, state and local laws, statutes, codes, rules or regulations.
Both the small wireless facility and any and all accessory equipment shall maximize 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.
Small wireless facilities shall not be artificially lighted or marked, except as required by law.
Electrical and land-based telephone lines extended to serve the wireless telecommunication services facility sites shall be installed underground.
Stealth technologies shall be required to be employed in an effort to blend into the surrounding environment and minimize aesthetic impact.
Landscaping shall be provided, if appropriate.
All small wireless facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:
All antennas and other supporting structures, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and
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.
Recertification of small wireless facilities permit.
At the five-year anniversary date after the effective date for the small wireless facility permit and for all subsequent fifth anniversaries of the effective date of the original permit for small wireless telecommunications facilities, the holder of the small wireless facility permit shall submit a signed written document with the following information to the Village Building Inspector confirming the compliance of the small wireless facility with the small wireless facility permit. Such submission shall include the following:
The name of the holder of the small wireless facilities permit for the wireless telecommunications facilities.
The date of the original granting of the small wireless facilities permit.
Whether the small wireless facility has been modified since the issuance of the small wireless facilities permit and, if so, in what manner.
Any requests for waivers or relief of any kind whatsoever from the requirements of this section and any requirements for a small wireless facilities permit.
Certification that the small wireless facilities are in compliance with the original small wireless facilities permit and in compliance with all applicable codes, laws, rules, regulations, federal certification requirements including but not limited to this section.
Certification that the wireless telecommunications facility support structure, attachments and accessory equipment have been designed and constructed (as built) and continues to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such certification shall be by a qualified New York State licensed professional engineer.
If the holder of a small wireless facility permit does not submit the certifications in Subsection I(1) within the time frame noted in Subsection I(1), then such small wireless facilities permit shall terminate and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the small wireless facilities permit, or subsequent fifth anniversaries, unless the holder of the small wireless facilities permit adequately demonstrates to the Village Board that extenuating circumstances prevented a timely submission of such written certification. If the Village Board agrees that there were extenuating circumstances, then the holder of the expired small wireless facilities permit may submit a late recertification request or application for a new small wireless permit.
Application fees. At the time that a person submits an application for a small wireless facility, such person shall pay a nonrefundable application fee in an amount as determined by the Village Board and as set forth in Chapter 144, Fees, in addition to any other fee required by law.
Authority to inspect. In order to verify that the holder of a small wireless facilities permit and any and all lessees, renters, and/or licensees of small wireless facilities place and construct such facilities, including supporting structures, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Village may inspect at any time, upon providing reasonable notice, 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, structures, antennas, accessory equipment and electromagnetic output.
An applicant for a small wireless facility permit 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 small wireless facilities permit in amounts as set forth below:
For collocation on existing wireless telecommunication facility structure, the insurance policies shall be in the following amounts:
For a small wireless facility located on a new wireless telecommunication structure the insurance policies shall be in the following amounts:
For a small wireless facility on Village property, the commercial general liability insurance policy shall specifically include the Village, the Village Board, other elected official, and the Village's officers, board members, employees, committee members, attorneys, agents and consultants as additional insureds.
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.
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.
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.
Prior to the issuance of a permit for a small wireless facility, the applicant shall deliver to the Village a copy of each of the policies or certificates representing the insurance in the required amounts.
Indemnification. Any approval for small wireless facilities that is proposed for Village property or in a public right- of-way pursuant to this section, 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 elected officials, officers, board members, 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, product 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.
Annual NIER certification. The holder of any small wireless facilities permit shall, annually, certify to the Village Code Enforcement Officer or his or her authorized designee that NIER levels at the site where a small wireless facility is located are within the threshold levels adopted by the FCC. In addition, the Village, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any small wireless facility is located, with or without notice to the wireless telecommunication provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Village.
Default and/or revocation of small wireless facilities permit.
If any small wireless facilities are constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the small wireless facility permit conditions and requirements, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Code Enforcement Officer, the Village Building Inspector, or their designee, shall notify the holder of the small wireless facilities permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this section, if the violation or noncompliance causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer or Building Inspector may, at their sole discretion, order the violation remedied within 24 hours.
If within the period set forth in Subsection O(1) above the small wireless facilities are not brought into compliance with the provisions of this section, or of the permit, or substantial steps are not taken in order to bring the affected small wireless facilities into compliance, then the Code Enforcement Officer or the Building Inspector may revoke such small wireless facility permit and require removal of such small wireless facility pursuant to Subsection P below.
Under the following circumstances, the Village may determine that the safety, public welfare, character and environment of the Village warrant and require the removal of small wireless facilities, under the following circumstances:
The small wireless facility has been abandoned (i.e., not used as wireless telecommunication 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;
A permitted small wireless facility falls into such a state of disrepair that they create a safety hazard;
The small wireless facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required small wireless facilities permit, or any other necessary authorization; or
If the Village makes a determination as noted in Subsection P(1), then it shall notify the holder of the small facilities permit and the owner of the property in writing that said small wireless facilities are to be removed.
The holder of the small wireless facilities permit or the owner of the property shall be required to dismantle and remove such small wireless facilities, and all accessory equipment and associated structures, from the site and return the site to its original condition and certify through soils or other testing that no contamination has been created by the facility, such restoration being completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Village to remove such small wireless facilities. However, if the owner of the property upon which the small wireless facilities are located wishes to retain any access roadway to the small wireless facilities, the owner may do so with the approval of the Village.
If the small wireless facilities are not removed or substantial progress has not been made to remove the small wireless facilities within 90 days after the small facility permit holder has received such written notice of removal, then the Village may order officials or representatives of the Village to remove the small wireless facilities at the sole expense of the property owner and/small wireless facility permit holder.
If the Village removes or causes to be removed the small wireless facilities, and the owner of the wireless telecommunication facilities does not claim and remove them to a lawful location within 10 days, then the Village may take steps to declare the small wireless facilities abandoned and dispose of or sell them and their components and retain the proceeds therefrom. The Village may also cause the costs associated with the removal and disposal of the small wireless facilities to be assessed on the property in the same manner as a tax or assessment.
Additional requirements relating to small facility permits.
Noncommercial usage exemption. Village residents utilizing satellite dishes, citizen and/or band radios, and antenna for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations relating to small wireless facilities enumerated in this section.
Prohibited on certain structures. No small wireless facility shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.
Regulations applicable to small facility permits in the public right-of-way. In addition to the applicable small wireless facility permit provisions listed in this section, all small wireless facilities located in the public right-of-way shall be required to comply with the following regulations:
Location. Small wireless facilities in the public right-of-way shall be collocated on existing wireless telecommunications facilities, whenever possible. If collocation is not technologically feasible, the applicant shall locate its small wireless facility on existing utility poles or other structures that do not already act as wireless telecommunication facility support structures.
All equipment shall be the smallest and least visibly intrusive equipment feasible.
Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
Equipment location. Small wireless facilities and any accessory equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the public right-of-way as determined by the Village. In addition:
In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, or within an easement extending onto a privately owned lot;
To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Village. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology to the satisfaction of the Village.
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Village.
Any graffiti on any small wireless facility support structure or any accessory equipment shall be removed within 30 days upon notification by the Village at the sole expense of the owner.
Any proposed underground vault related to small wireless facilities shall be reviewed and approved by the Village Building Inspector.
Accessory equipment attached to a small wireless facility support structure shall have such vertical clearance as the Village Building Inspector may determine.
Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in Subsection P above, within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Village, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
To construct, repair, maintain or install any Village or other public improvement located in the public right-of-way;
To prevent the interference with the operations of the Village or other governmental entity, in the public right-of-way;
Abandonment of a street or road or the release of a utility easement; or
An emergency as determined by the Village Board.
Reimbursement for the use of the public right-of-way. In addition to permit fees for a small wireless facility permit, every small wireless facility located in the public right-of-way is subject to the Village's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. Such compensation for use of the public right-of-way shall be directly related to the Village's actual public right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Village. The owner of each small wireless facility permit shall pay an annual fee to the Village to compensate the Village for the Village's costs incurred in connection with the activities described above as determined by the Village Board and as set forth in the Chapter 144, Fees.
A facility receiving a telecommunications permit that subsequently does not meet the requirements of that permit shall have its permit revoked and the telecommunications tower, telecommunications site or small wireless facility shall be removed within 90 days with notification of the violation by the Village. Failure to so remove the telecommunications tower, telecommunications site or small wireless facility within 90 days after notification by the Village shall result in a civil penalty not to exceed $250 for each day of a continuing violation.
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any telecommunications tower, telecommunications site or small wireless facility is being performed in violation of the provisions of this chapter or the provisions of a telecommunications permit or in an unsafe or dangerous manner, he shall notify the owner of the property and, if applicable, the holder of the telecommunication permit to suspend all work and any such person shall forthwith stop such work until the stop order has been rescinded.
A notice issued by the Code Enforcement Officer pursuant to Subsection A of this section shall be in writing and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the structure upon which work is being performed and sending a copy of the same by registered mail.