[HISTORY: Adopted by the Board of Trustees of the Village
of Flower Hill 4-3-2023 by L.L. No. 5-2023.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 235,
Wireless Telecommunications Facilities, adopted 8-5-2013 by L.L. No.
9-2013
A.
In recognition of advancing technology and the increased demand and
need for wireless communications towers and facilities, the Board
of Trustees hereby determines that it is in the public interest to
regulate the siting and installation of such facilities within the
Village in order to protect public interests while balancing any demonstrated
and genuine need to fill actual gaps in wireless coverage. The Village
of Flower Hill is planted with abundant flowering foliage, with many
of its streets lined with cherry trees and wild violets along the
roadsides. Apple trees dating to the days when Flower Hill farms sold
the produce from their apple, pear and peach orchards are still standing.
Throughout nearly the entire Village, no or nearly no electrical utility
poles or overhead electrical lines are in the street rights-of-way.
Instead, overhead electrical utility poles are overwhelmingly located
hidden off-street along the sides or rear of private properties. Additionally,
to maintain its natural bucolic character, essentially the entire
Village has no streetlights or roadside technological encroachments.
B.
When deliberating over granting or denying a permit and the location
of wireless facilities, due consideration shall be given to existing
land uses and development, the character of the area, visual impacts
and other aesthetics, impacts on property values, other impacts, the
existence or absence of a gap in wireless coverage, actual need, availability
and feasibility of less impactful alternatives, and other appropriate
land use factors in approving sites for the location of towers and/or
facilities.
C.
These regulations are not intended to prohibit or have the effect
of prohibiting the provision of personal wireless services.
D.
These regulations are an exercise in state zoning authority permitted
under 47 U.S.C. § 332(c)(7) (§ 704 of the Telecommunications
Act of 1996) and are intended to strike a balance between the need
for new or upgraded wireless facilities and protection of aesthetics,
open space and residential environments from redundant and unsightly
antennas, structures, and other wireless equipment and to avoid other
legitimate adverse impacts. In so doing and absent any legal mandate
to the contrary, the Village Board intends to apply the interpretation
of the applicable legal standards specified by federal courts reviewing
permitting decisions. In ExteNet Sys., Inc. v. Vill. of Flower Hill,
No. 19-CV-5588-FB-VMS, 2022 WL 3019650 (E.D.N.Y. July 29, 2022), the
United States District Court ruled that the Village of Flower Hill
is within its rights to rely on federal court, including the Second
Circuit Court of Appeals, interpretation of whether a proposed wireless
telecommunications facility is needed to fill a genuine gap in coverage
insofar as a user's ability to make a wireless telephone call
to reach a landline telephone. The enactment of these regulations
in compliance with federal and state law and the requirement of Village
approvals and wireless facilities permits is not a finding by the
Village Board that wireless telecommunication facilities are appropriate
for the zoning district, are in harmony with the Village's general
zoning plan, or will not adversely affect the neighborhoods. Such
considerations are to be made on a case-by-case basis upon each application.
As used in this chapter, the following terms shall have the
meanings indicated:
Any equipment, shed, fencing or structure, or combination
thereof, containing any electrical components necessary for the proper
operation of primary antennas.
Any man-made trees, clock towers, steeples, light poles,
flagpoles and similar alternative-design mounting structures that
camouflage or conceal the presence of antennas or towers, subject
to the review and approval of the Village Board of Trustees or its
designee.
Any exterior transmitting and receiving device mounted on
a tower, building, structure or poles (including but not limited to
monopoles, utility poles, and streetlights) and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
All zoning districts except residential districts.
The Federal Aviation Administration.
Any tower or antenna for which a building permit-special
permit, special use permit, or wireless facilities permit has been
properly issued prior to the effective date of this chapter, including
permitted towers or antennas that have not yet been completed or constructed,
provided that such approved permit(s) is current and has not expired,
or any tower which is constructed and has a certificate of compliance.
A wireless communication facility which is mounted and supported
on the roof or any rooftop appurtenance of a legally existing building
or structure.
Any structure that is designed and constructed for the principal
purpose of supporting one or more antennas for telephone, personal
communications services, common carrier services, radio and television
transmission, microwave transmission, and similar communications purposes,
including self-supporting lattice towers, guyed towers or monopole
towers. The term includes the structure and any support thereto.
A wireless communications facility which is mounted and supported
entirely on the wall of a legally existing building, including the
walls of architectural features such as parapets, chimneys and similar
appurtenances.
A facility that transmits and/or receives electromagnetic
signals, including any tower or antenna, accessory wireless facility,
wall- and roof-mounted facilities, as defined herein, and towers,
buildings, structures or poles on which antennas are mounted.
A permit issued under this chapter to construct and maintain
a wireless communications facility.
No new wireless communications facility shall be erected, moved,
reconstructed or altered to serve as a transmission, reception or
relay facility except by approval of the Board of Trustees, in compliance
with the regulations set forth in this chapter.
This section identifies locational restrictions pertaining to
residential zones, commercial zones, and parks. It is not intended
to limit other application requirements or limit the Board of Trustees'
review of the application based on aesthetics, other adverse impacts
consistent with state and federal law, availability of less impactful
alternatives, or a failure of the applicant to demonstrate sufficient
need for the wireless telecommunications facility.
A.
Residential. Wireless communications facilities located in residential
zoning districts are subject to site plan approval and wireless facilities
permit approval from the Board of Trustees following a public hearing
and must further meet the following requirements:
(1)
Wireless communications facilities on buildings shall meet the following
criteria:
(a)
Any antenna or equipment accessory to a roof-mounted antenna
shall be set back a minimum of four feet for every one foot in height
of the accessory equipment but in no instance shall protrude more
than 15 feet above the average height of the building in order to
minimize its visibility from adjacent properties or roadways. Installation
of an antenna and associated equipment shall incorporate a design
that is contextual with the structure on which the antenna is co-locating.
(b)
Any wall-mounted antenna shall not protrude above the roof parapet
or roofline and shall be painted to match the color of the existing
structure. No portion of the antenna shall extend more than 18 inches
from the facade of the building. These requirements are to be maintained
to the extent feasible without impeding the functionality of the antenna.
(c)
Enclosures designed to conceal rooftop wireless communications
facilities shall not be deemed to contribute towards building height,
floor area ratio, gross floor area, or parking requirements, provided
that said enclosure does not contain equipment or materials that are
not accessory to the wireless communication facility and the enclosure
is contextual with the architecture of the structure and is minimized
to the furthest extent practical. All equipment within the enclosure
shall still be subject to the dimensional requirements set forth in
this chapter.
(2)
A tower base shall be set back from the property line by a minimum
distance equal to 110% of the height of the tower. Accessory wireless
facilities shall comply with all other dimensional requirements of
the underlying zoning district.
(3)
Any new tower shall consist of an alternative tower structure as
defined herein. Guyed (cable-supported), truss or lattice antenna
support structures are expressly prohibited.
(4)
No new tower shall be permitted unless it is demonstrated that adequate
service in accord with FCC guidelines cannot be provided within a
coverage gap area by exhausting all other available and reasonable
locations for the proposed tower in a nonresidential district to the
satisfaction of the Board of Trustees, except as provided herein.
B.
Commercial. Wireless communications facilities located in commercial
zoning districts are subject to site plan approval and wireless facilities
permit approval from the Board of Trustees following a public hearing,
except as otherwise provided herein, and must meet the following requirements:
(1)
Wireless communication facilities on buildings shall protrude not
more than 15 feet above the average height of the building and meet
the following criteria:
(a)
Equipment accessory to a roof-mounted antenna shall be set back
a minimum of four feet for every one foot in height of the accessory
equipment but in no instance shall protrude more than 15 feet above
the average height of the building in order to minimize its visibility
from adjacent properties or roadways. Installation of an antenna and
associated equipment shall incorporate a design that is contextual
with the structure on which the antenna is co-locating, and antennas
shall not protrude more than 15 feet above the average height of the
building.
(b)
Any wall-mounted antenna shall not protrude above the roof parapet
or roofline and shall be painted to match the color of the existing
structure. No portion of the antenna shall extend more than 18 inches
from the facade of the building.
(c)
Enclosures designed to conceal rooftop wireless communications
facilities shall not be deemed to contribute towards building height,
floor area ratio, gross floor area, or parking requirements, provided
that said enclosure does not contain equipment or materials that are
not accessory to the wireless communication facility and the enclosure
is minimized to the furthest extent practical. All equipment within
the enclosure shall still be subject to the dimensional requirements
set forth in this chapter.
(2)
A tower base shall be set back from the property line by a minimum
distance equal to 110% of the height of the tower. Accessory wireless
facilities shall comply with all other dimensional requirements of
the underlying zoning district.
(3)
Wireless communications facilities located on preexisting structures
or buildings in commercial districts are not subject to wireless facilities
permit approval, provided that they have all necessary Building Department
permits and are not visible to any residential use or zone as determined
by the Building Superintendent or his/her designee. New antennas co-locating
on an existing tower approved by the Board of Trustees shall not be
subject to this requirement.
(4)
No new tower shall be permitted within 500 feet of a residential
zone unless it is demonstrated that adequate service in accord with
FCC standards cannot be provided within a coverage gap area by exhausting
all other available and reasonable locations for the proposed tower
outside the 500-foot area to the satisfaction of the Board of Trustees.
C.
Parks. Wireless communications facilities are subject to site plan
approval and facilities permit approval from the Board of Trustees
following a public hearing, except as otherwise provided herein, and
must meet the following requirements: Wireless communications facilities
shall not be located at any designated park listed by any federal,
state or Village agency, except as specified by the following:
(1)
No new tower shall be permitted unless it is demonstrated that adequate
service in accord with federal standards cannot be provided within
a coverage gap area by exhausting all other available and reasonable
locations for the proposed tower outside of the park to the satisfaction
of the Board of Trustees or their designee.
(2)
Any facility located in a park shall be located, designed and screened
to minimize the visual and aesthetic impacts.
(3)
Any facility located within a park shall not be located in an area
that would interfere with normal, day-to-day recreational activities
or operations.
(4)
Any facility located in a park which is co-located on or which replaces
an existing structure (e.g., ball field light poles) shall not be
subject to wireless facilities permit approval, provided that the
height of the new structure does not exceed the height of the preexisting
structure and is a minimum of 500 feet from the nearest residence.
(5)
Co-location. No new tower shall be permitted unless the applicant
demonstrates that no existing tower, structure or building can accommodate
the applicant's proposed antenna and unless it is demonstrated
that adequate service cannot be provided with co-location.
(6)
Any facility on Village-owned property shall be subject to a separate
agreement regarding revenue to the Village.
A.
Wireless communications facilities shall be designed in such a manner
as to minimize any visual impacts.
B.
If a wireless communications facility is located on a building, it
shall be neutral in color or similar in color to the building so that
it continues to maintain the architectural integrity of the building,
and every effort shall be made to conceal the facility.
C.
Accessory wireless facilities shall be screened, landscaped and shall
maximize use of building materials, colors and textures designed to
blend with the natural or existing surroundings to minimize any visual
impacts.
D.
The base area shall be surrounded by a six-foot-high fence or located
within a structure. The surrounding fence shall be screened as per
a landscaping plan to be approved by the Board of Trustees with input
from the Village Arborist.
E.
No signs are permitted on towers except safety instructions or similar
material.
F.
A tower shall not be lighted unless required by the FAA or otherwise
required by the Board of Trustees for safety reasons.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be deemed abandoned. The owner of such antenna/tower/site
shall remove the same at the owner's expense within 90 days of
notice. The Village reserves the right, after 90 days' written
notice sent certified mail, return receipt requested, to the owner
or owner's designee, to remove the antenna or tower and shall
bill the owner for any expense incurred. All costs associated with
same shall be assessed to the owner's next tax bill.
Requests for approvals under this chapter shall be made by application.
The application is reviewed only by Village staff and not by the Village
Board to determine whether it is deficient or sufficiently complete
on its surface to warrant a Village Board review. The Village Board
does not have the opportunity to review the application until a later
stage, and the Board has the ultimate responsibility for determining
whether the application complies with the Village Code, state laws,
and federal laws, and whether the application should be granted or
denied. Applications shall include the following:
A.
The location, type and height of the wireless communications facility
and whether it is to be located on an existing structure, co-located
or on a telecommunications tower.
B.
Adjacent roadways, rights-of-way, land uses, structures and zoning
on land within 1/2 mile.
C.
Setbacks from property lines.
D.
Environmental assessment.
E.
Scaled drawing of the site, including elevation drawings of the structure,
a visual study showing where, within one mile, the tower could be
seen, the distance between all structures and proposed means of access.
F.
Landscape plan, including fencing and fence screening.
G.
Analysis of physical need for additional towers or antennas.
H.
Written site location alternative analysis describing the location
of other sites considered, the availability of those sites, the extent
to which other sites do or do not meet the provider's service
or engineering needs and the reasons why the subject site was chosen.
Written requests and responses for site location alternative analysis
shall be provided, in addition to the names, addresses and telephone
numbers of the current owner(s) of those sites. If the proposed plan
is to locate in a residential area, the applicant must show a good
faith effort to locate in a nonresidential area and that locating
in a commercial or industrial zone is not feasible.
(1)
Evidence of a good faith effort to co-locate or locate on existing
towers, structures or buildings and why it is not feasible. Written
requests and responses for co-location efforts shall be provided,
in addition to the names, addresses and telephone numbers of the current
owner(s) of those structures.
(2)
The application must provide evidence that the proposed wireless
communications facility can accommodate, at a minimum, three times
the capacity to allow for future lease and co-location. Competing
providers are required to negotiate fairly regarding co-location leases.
A future co-location applicant cannot be denied except for mechanical,
structural or regulatory reasons and only with respect to Village
property.
I.
Location and separation distance between all other existing and proposed
facilities within the Village and/or within five miles.
J.
Coverage maps, certified radio frequency engineer report, data.
(1)
Coverage maps depicting existing and proposed coverage in -dBm levels
for each proposed carrier. Said maps shall be submitted in both paper
and electronic form. Paper maps shall be at least 11 inches by 17
inches in size and shall contain coverage areas superimposed over
current aerial photography. Electronic formats shall be submitted
in any industry-standard geographic information system (GIS) format.
(2)
Said maps shall be accompanied by a certified report by a radio frequency
engineer and shall depict any existing and proposed dBm signal strength
levels as well as identify the minimum -dBm level each proposed carrier
needs in order for a wireless telephone to be able to make a telephone
call from the subject area.
(3)
The radio frequency engineer's certified report shall identify
the source of the coverage data contained in the coverage maps.
(4)
In the report, the certifying engineer must demonstrate his or her
first-hand knowledge of the underlying data for the reception levels
shown in the coverage maps or that they otherwise have sufficient
knowledge of the underlying data and how it was secured that they
personally can reliably certify the data's accuracy.
(5)
The report must include the actual reception data and identify whether
it is drive-by, in-building, missed calls, reception-level canvassing,
or some other identified generally accepted reception testing method.
(6)
The report must identify who conducted the testing and when it was
conducted.
(7)
The report must certify that the testing was conducted using generally
accepted reliable methods and indicate the basis of that certification.
K.
Other information as deemed necessary by the Board.
L.
Visual impact analysis. Said analysis shall include:
(1)
Identification of visually sensitive sites, including parks, and
residential areas.
(2)
Visualization photographs from key viewpoints. Photographs shall
be conducted when leaves are off trees if trees are in front of the
view of a proposed tower.
(3)
In the event a crane or other equipment is utilized to simulate the
proposed tower on the subject property for the visualization photographs,
the owners of surrounding properties within 200 feet of the site and
the Board of Trustees shall be notified no less than 10 days prior
to the test by certified letter, return receipt requested. Said notification
shall include two rain dates in the event inclement weather prevents
the visualization study from taking place.
When deliberating over granting or denying a permit and the
location of wireless facilities, the Village Board shall consider
existing land uses and development, the character of the area, visual
impacts and other aesthetics, impacts on property values, other land
use impacts, the existence or absence of a genuine gap in wireless
coverage, actual need for the facility, the availability and feasibility
of less impactful alternatives, and whether denial of the application
would or would not constitute a prohibition of wireless services under
the Telecommunications Act. The Village Board shall further apply
the following priorities and considerations:
A.
Priorities.
(1)
The Board may give priority to application for location on an existing
structure or building.
(2)
The Board may give priority to applications for co-location.
(3)
The Board may give priority to a single application for multi-antenna
proposals.
(4)
The Board may give priority when necessary for health and/or security.
B.
Other considerations.
(1)
The minimum height necessary to render adequate service.
(2)
Proximity to residential districts and other structures.
(3)
Nature of existing or proposed uses of adjacent property.
(4)
Site and/or surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of tower, in particular the characteristics that have the
effect of reducing or eliminating visual obtrusiveness.
(7)
Availability of suitable existing towers and structures.
(8)
Proposed ingress and egress.
(9)
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Board of Trustees that no existing
tower, structure or building can accommodate the applicant's
proposed antenna.
(10)
Impact on wireless service.
(11)
Utility poles.
(a)
An antenna to be mounted on a new or existing pole which is
not to be located hidden along the sides or rear of properties shall
demonstrate that an antenna mounted on new or existing poles and other
structures hidden along the sides or rear of properties would not
be sufficient to fill a genuine gap in coverage consistent with controlling
federal law, would not be a reasonably feasible alternative, or would
result in greater adverse aesthetic or other adverse impacts.
(b)
An antenna to be mounted on a new pole, including but not limited
to a monopole, utility pole, or streetlight, shall demonstrate that
an antenna mounted on existing poles and other structures would not
be sufficient to fill a genuine gap in coverage consistent with controlling
federal law, would not be a reasonably feasible alternative, or would
result in greater adverse aesthetic or other adverse impacts.
(c)
A new pole includes one which replaces an existing pole.
C.
The Board may waive or reduce the burden on the applicant of one
or more of these criteria if it concludes that the goals of this section
are better served thereby.
D.
The Village Board authorizes the Board of Trustees to retain the
services of such persons, expert or otherwise, including but not limited
to competent radio frequency engineers, real estate experts and/or
attorneys, where reasonably necessary to review an application or
proposal, including, but not limited to, reviewing expert testimony
provided on behalf of the applicant and supplementing submissions.
The consultant(s) may review coverage maps, alternative site locations,
co-location opportunities or other criteria that may be associated
with the application or proposal. The consultant shall review all
submissions in accordance with all applicable federal, state and local
codes, rules and regulations and make recommendations to the Board
of Trustees. The cost of retaining such competent consultants shall
be borne by the applicant. The costs of any consultant shall be reasonable,
and the work and associated billing shall be viewable by the applicant
upon request.
E.
In the event a denial of an application would constitute an unlawful
prohibition or effective prohibition of cellular service under applicable
federal or state law (including the Telecommunications Act of 1996,
see 47 U.S.C. § 609 et seq., the "TCA"), the Board of Trustees
shall grant the wireless facilities permit and shall have the authority
to impose conditions upon such granting consistent with this chapter
and such federal or state law.
F.
If the Board of Trustees determines that the interests of this chapter
would otherwise be satisfied, the Board of Trustees may, in its discretion,
but shall not be required to, deem individual requirements and conditions
satisfied by issuing a waiver or relaxation in relation thereto. Any
waiver or relaxation may only be made in the event that the requirements
and conditions for which a waiver or relaxation is made are found
not to be requisite in the interest of public safety or general welfare
and may only be exercised in the event that the Board of Trustees,
in issuing a waiver or relaxation, makes specific findings that the
interests of this chapter would otherwise be satisfied, the waiver
or relaxation is reasonably necessary for the provision of wireless
communications services consistent with the interests of both this
chapter and the TCA, and the applicant has taken all reasonably available
mitigation measures. Every wireless facilities permit shall also conform
to all special findings that are specified herein.
Facilities are subject to site plan approval and wireless facilities
permit approval from the Board of Trustees and must meet the following
requirements:
A.
Satellite dishes shall be permitted as an accessory structure within
any use district, subject to the requirements contained herein and
subject to the issuance of a building permit from the Building Department.
C.
Ground-mounted satellite dishes shall not exceed 10 feet in diameter
or exceed a height of 15 feet above the average grade level.
D.
Ground-mounted satellite dishes shall be screened at the base with
evergreen plants, shall be finished in a color that blends with the
surrounding environment and shall not be visible from any street,
as long as adequate reception in accord with FCC requirements is maintained.
E.
Roof-mounted satellite dishes shall not exceed two feet in diameter
or project above the ridgeline of any building on the property, and
visibility from the street shall be shielded to the extent adequate
reception in accord with FCC requirements is maintained.
F.
Ground-mounted satellite dishes shall be placed only in the rear
yard, excluding the rear yard setback areas.
G.
Roof-mounted satellite dishes shall be mounted on the rear half of
the building roof and shall not exceed 10 feet in diameter.
H.
Satellite dishes shall not be visible from any street, so long as
adequate reception in accord with FCC requirements is maintained.
An architectural screen consisting of material compatible with the
building type and style or landscaping may be utilized, subject to
the review and approval of the Building Department.
At the time that a person submits an application for a wireless
facilities permit for a new tower, facility or antenna, or for modifying
or co-locating on an existing tower or other suitable structure where
no increase in height of the tower or structure is required, or for
a temporary facility, there shall be submitted with said application
a nonrefundable application fee per application and/or per location
in an amount to be determined by the Village Board of Trustees and
set forth in the Village's fee schedule.
The applicant and the owner of record of any proposed wireless
telecommunications facilities property site shall, at its cost and
expense, be jointly required to execute and file with the Village
a bond, or other form of security acceptable to the Village as to
type of security and the form and manner of execution, in an amount
of at least $75,000 for a tower facility and $25,000 for a co-location
on an existing tower or other structure and with such sureties as
are deemed sufficient by the Village to assure the faithful performance
of the terms and conditions of this chapter and conditions of any
wireless facilities permit issued pursuant to this chapter. The full
amount of the bond or security shall remain in full force and effect
throughout the term of the wireless facilities permit and/or until
any necessary site restoration is completed to restore the site to
a condition comparable to that which existed prior to the issuance
of the original wireless facilities permit.
In order to verify that the holder of a wireless facilities
permit for wireless telecommunications facilities and any and all
lessees, renters, and/or licensees of wireless telecommunications
facilities place and construct such facilities, including towers and
antennas, in accordance with all applicable technical, safety, fire,
building, and zoning codes, laws, ordinances and regulations and other
applicable requirements, the Village may inspect 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, towers, antennas and buildings or other
structures constructed or located on the permitted site.
A.
A holder of a wireless facilities permit for tower wireless telecommunications
facilities 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 wireless facilities permit
in amounts as set forth below:
B.
For a wireless telecommunications facility on Village property or
right-of-way, liability insurance shall be in reasonable amounts fixed
by the Village Board in the licensing agreement, which shall in all
events be less than or equal to those applicable to towers. The commercial
general liability insurance policy shall specifically include the
Village and its officers, board members, employees, committee members,
attorneys, agents and consultants as additional insureds.
C.
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.
D.
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.
E.
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.
F.
Before construction of a permitted wireless telecommunications facilities
is initiated, but in no case later than 15 days after the granting
of the wireless facilities permit, the holder of the wireless facilities
permit shall deliver to the Village a copy of each of the policies
or certificates representing the insurance in the required amounts.
A.
Any application for wireless telecommunication facilities that is
proposed for Village property or right-of-way, pursuant to this chapter,
shall contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by the law, to
at all times defend, indemnify, protect, save, hold harmless, and
exempt the Village and its officers, councils, 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.
A.
In the event of a violation of this chapter or any wireless facilities permit issued pursuant to this chapter, the Village may impose and collect from the property owner, lessee, and/or holder of a wireless facilities permit the fines or penalties, and pursuant to the procedures, as set forth in §§ 240-35 and 240-36 of this Village Code.
B.
The Village may also seek injunctive relief to prevent the continued
violation of this chapter without limiting other remedies available
to the Village.
If a wireless telecommunication facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter or of the wireless facilities permit, then the Village shall notify the holder of the wireless facilities permit, in writing, of such violation. A holder of a wireless facilities permit in violation may be considered in default and subject to fines as in § 235-16 and, if a violation is not corrected to the satisfaction of the Village in a reasonable period of time, the wireless facilities permit is subject to revocation.
