[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.]
GENERAL REFERENCES
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:
A network of spatially separated antenna sites connected
to a common source that provides wireless communication service within
a geographic area or structure.
A communication tower that is supported, in whole or in part,
by guy wires and ground anchors.
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.
A communications tower consisting of a single pole, constructed
without guy wires and ground anchors.
Nonionizing electromagnetic radiation.
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.
A communications tower that is constructed without guy wires
and ground anchors.
A wireless telecommunication facility, including but not
limited to DAS and microcells that meets each of the following conditions:
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
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
The facility does not require antenna structure registration
under Part 17; and
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
Rule 1.1307(b).
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.
A telecommunication tower permit or small wireless facility
permit.
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.
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.
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:
Four copies of all building plans.
Such performance, maintenance and removal bond(s) and such guaranties
as may be required by the Board of Trustees.
A detailed map indicating the placement of all other telecommunications
towers and communications towers within the geographical limits of
the Town of Lancaster.
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.
A site plan providing the information requirements of § 350-56E prepared to scale and in sufficient detail and accuracy and showing at a minimum:
The exact location of any proposed tower, including latitude
and longitude, together with guy wires and guy anchors, if applicable.
The maximum height of any proposed tower.
A detail of proposed tower type (monopole, guyed, self-supporting
or other).
The color or colors of any proposed tower.
The location, type and intensity of any lighting on any proposed
tower.
The property boundaries (a copy of a property survey must also
be provided).
Proof of the landowner's consent if the applicant will
not own the property.
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.
The names and addresses of adjacent landowners based on the
latest assessment roles available from the municipality.
The location, nature and extent of any proposed fencing and
landscaping or screening.
The location and nature of proposed utility easements and access
roads, if applicable.
Building elevations of accessory structures or immediately adjacent
buildings.
Propagation studies demonstrating existing signal coverage,
contrasted with the proposed signal coverage resulting from the proposed
telecommunications facility.
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.
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.
A.
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.
B.
Location.
(1)
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.
(2)
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.
C.
General conditions.
(1)
Aesthetics.
(a)
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:
[1]
Use of a monopole or guyed wire instead of a freestanding tower.
[2]
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.
[3]
Additional site plan requirements, such as additional screening,
greater setbacks and improved landscaping, to address aesthetic and
safety concerns.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
(2)
Traffic, access and safety.
(a)
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.
(b)
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.
(c)
Radiation standards. All proposed communications towers shall
comply with current standards of the Federal Communications Commission
for nonionizing electromagnetic radiation and electromagnetic fields.
(d)
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.
(e)
"No Trespassing" warning signs shall be permanently attached
to the fence or wall and shall be spaced not more than 40 feet apart.
(f)
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.
(g)
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.
(3)
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.
(4)
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.
(5)
All telecommunications facilities shall be maintained in good order
and repair.
(6)
No tower shall exceed 200 feet in height from the base of the tower
to the topmost portion of the tower.
A.
Small wireless facility permit required.
(1)
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.
(2)
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.
(3)
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.
(5)
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.
(6)
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.
(7)
The applicant shall include a statement, in writing, that:
(a)
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
(b)
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.
(8)
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.
(9)
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)
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;
(b)
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:
[1]
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;
[2]
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;
(c)
The name, address and phone number of the person preparing the
report;
(d)
The name, address, and phone number of the property owner, operator
and applicant;
(e)
The postal address and Tax Map parcel number of the property;
(f)
The zoning district or designation in which the property is
situated;
(g)
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;
(h)
The location of the nearest residential structure;
(i)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(j)
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;
(k)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(l)
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;
(m)
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;
(n)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(o)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(p)
The direction of maximum lobes and associated radiation of the
antenna(s);
(q)
The applicant's proposed maintenance and inspection procedures
and related system of records;
(r)
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;
(s)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(t)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(u)
A copy of the FCC license applicable for the intended use of
the wireless telecommunication facilities;
(v)
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
(w)
Information relating to the expected useful life of the proposed
small wireless facility.
(10)
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.
(11)
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.
B.
General and specific requirements for small wireless facilities.
(1)
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.
(2)
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).
(3)
Aviation safety. Small wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
(4)
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.
(5)
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.
(6)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
Small wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
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.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
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.
C.
Approval procedures.
(1)
For small wireless facility applications the Planning Board or the
Village Board may, at its discretion, require a public hearing.
(2)
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.
(3)
Timeframes for approval.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(4)
All time periods set forth in this section reference calendar days.
D.
Location.
(1)
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.
(a)
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;
(b)
Collocation on a site with existing wireless telecommunication
facilities or other wireless telecommunication facility structures
in the Village;
(c)
On other lands owned or controlled by the Village, including,
but not limited to, the Village public right-of-way;
(d)
On lands owned or controlled by other municipal corporations
within the Village, to the extent permitted by such other municipal
corporation;
(e)
On nonresidential zoned properties;
(f)
On residential zoned properties; and
(g)
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.
(2)
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.
(3)
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.
(4)
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.
E.
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.
F.
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.
G.
Visibility.
(1)
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.
(2)
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.
(3)
Small wireless facilities shall not be artificially lighted or marked,
except as required by law.
(4)
Electrical and land-based telephone lines extended to serve the wireless
telecommunication services facility sites shall be installed underground.
(5)
Stealth technologies shall be required to be employed in an effort
to blend into the surrounding environment and minimize aesthetic impact.
(6)
Landscaping shall be provided, if appropriate.
H.
Security.
(1)
All small wireless facilities and antennas shall be located, fenced
or otherwise secured in a manner that prevents unauthorized access.
Specifically:
(a)
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
(b)
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
I.
Recertification of small wireless facilities permit.
(1)
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:
(a)
The name of the holder of the small wireless facilities permit
for the wireless telecommunications facilities.
(b)
The date of the original granting of the small wireless facilities
permit.
(c)
Whether the small wireless facility has been modified since
the issuance of the small wireless facilities permit and, if so, in
what manner.
(d)
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.
(e)
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.
(f)
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.
(2)
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.
J.
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.
K.
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.
L.
Liability insurance.
(1)
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:
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
M.
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.
N.
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.
O.
Default and/or revocation of small wireless facilities permit.
(1)
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.
(2)
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.
P.
Removal.
(1)
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:
(a)
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;
(b)
A permitted small wireless facility falls into such a state
of disrepair that they create a safety hazard;
(c)
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
(2)
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.
(3)
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.
(4)
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.
(5)
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.
Q.
Additional requirements relating to small facility permits.
(1)
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.
(2)
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.
R.
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:
(1)
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.
(2)
Design requirements:
(a)
All equipment shall be the smallest and least visibly intrusive
equipment feasible.
(b)
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.
(3)
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:
(a)
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;
(b)
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.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Village.
(d)
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.
(e)
Any proposed underground vault related to small wireless facilities
shall be reviewed and approved by the Village Building Inspector.
(f)
Accessory equipment attached to a small wireless facility support
structure shall have such vertical clearance as the Village Building
Inspector may determine.
(4)
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:
(a)
To construct, repair, maintain or install any Village or other
public improvement located in the public right-of-way;
(b)
To prevent the interference with the operations of the Village
or other governmental entity, in the public right-of-way;
(c)
Abandonment of a street or road or the release of a utility
easement; or
(d)
An emergency as determined by the Village Board.
S.
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.
A.
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.
B.
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.
