All wireless telecommunications facilities shall comply with
the performance standards set forth in this section.
A. Camouflage. Wireless telecommunications facilities shall be the least
obtrusive and the most appropriate to the proposed site, as determined
by the Village Board, after recommendation by the Planning Board and
the Architectural Review Board.
(1) All wireless telecommunications facilities shall be designed to the
blend into the surrounding environment through the use of design,
color and disguise, except in such instances where color is dictated
by federal or state authorities such as the Federal Aviation Administration.
(2) A wireless telecommunications facility which is roof-mounted on a
building shall be concealed within or behind existing architectural
features to limit its visibility from public ways, and shall be stepped
back from the front facade in order to limit its impact on the building's
silhouette.
(3) A wireless telecommunications facility which is side-mounted on a
building shall be painted or constructed of material to match the
color of the building material directly behind it.
(4) The Village Board may require the use of stealth technology to camouflage
ground mounts, where appropriate.
B. Lighting. Wireless telecommunications facilities shall not be artificially
lighted or display strobe lights unless required by the Federal Aviation
Administration (FAA) or other applicable authority.
C. Noise. Roof-mounted or side-mounted equipment for wireless telecommunications facilities shall be in compliance with Chapter
290, Zoning, §
290-35C, of the Code of the Village of New Hempstead.
D. Radiofrequency radiation (RFR) standards. All equipment proposed
for a wireless telecommunications facility shall be authorized per
the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation (FCC Guidelines). The owner of the facility shall submit
evidence of compliance with the FCC standards on a yearly basis to
the Village Board. If new, more restrictive standards are adopted
by any appropriate federal or state agency, the facility shall be
made to comply or the Village Board may restrict continued operations.
The cost of verification or compliance shall be borne by the owner
and/or operator of the facility.
All wireless telecommunications facilities requiring a special
permit shall comply with the regulations set forth in this chapter
and all other provisions of the Code of the Village of New Hempstead.
A. Design standards.
(1) Camouflage. Wireless telecommunications facilities shall be camouflaged
by vegetation and/or design as follows:
(a)
Camouflage by vegetation. If wireless telecommunications facilities
are not camouflaged from public viewing by existing buildings or structures,
they shall be surrounded by buffers of dense tree growth and understory
vegetation in all direction to create an effective year-round visual
buffer. Ground-mounted wireless telecommunications facilities shall
provide a vegetative buffer of sufficient height and depth to effectively
screen the entire base facility, taking into account the average tree
canopy. Trees and vegetation may exist on the subject property or
be installed as part of the proposed facility or a combination of
both. The Planning Board shall determine the types of trees and plant
materials and depth of the needed buffer based on the site conditions.
Such buffer shall be maintained in a healthy state or replaced as
necessary to provide continuing camouflaging.
(b)
Camouflage by design. To the extent that any wireless telecommunications
facility extends above the height of the vegetation immediately surrounding
it, the facility shall be camouflaged by design to minimize the adverse
visual and aesthetic impact unless otherwise required by the Planning
Board. Wireless telecommunications facilities shall be camouflaged
to resemble or mimic a native coniferous species of tree such as Balsam
fir, Canadian hemlock, Colorado blue spruce, among others, or by other
means such a new construction of a silo, flagpole, clock tower, bell
tower, cross tower, steeple, fire tower or other innovative replication
of a structure that would be consistent with the character of the
community as determined by the Village Board.
(2) Lighting. Wireless telecommunications facilities shall not be artificially
lighted or display strobe lights unless required by the Federal Aviation
Administration (FAA) or other applicable authority. Security lighting
of equipment structures and other facilities on site shall be shielded
from abutting properties. There shall be total cutoff of all such
light at the property lines of the parcel to be developed, and footcandle
measurements at the property line shall be 0.0 initial footcandle
when measure at grade.
(3) Signs.
(a)
Signs shall be limited to those needed to identify the property
and the owner and warn of any danger. No advertising is permitted
anywhere on the facility, with the exception of the identification
signage. All signs shall comply with the requirements of the Village's
sign regulations.
(b)
All ground-mounted wireless telecommunications facilities shall
be surrounded by a security barrier, which shall be posed with "no
trespassing" signs. A twenty-four-hour emergency telephone number,
and the facility operator or manager's name, shall be posted
adjacent to the entry gate. If high voltage is necessary for the operation
of equipment within the facility, signs shall be posted stating "Danger-High
Voltage."
(4) Equipment shelters. Equipment shelters for wireless telecommunications
facilities shall be designed consistent with one of the following
standards:
(a)
Equipment shelters shall be located in underground vaults; or
(b)
Equipment shelters shall be designed to be architecturally compatible,
both in style and materials, with principal structures on the site
and/or near the site and be compatible with the architecture of homes
in the vicinity, or as may be determined by the Village Board and/or
the Architectural Review Board; or
(c)
Equipment shelters shall be camouflaged behind an effective
year-round landscape buffer equal to the height of the proposed building.
The Village Board, and/or the Planning Board shall determine the types
of materials and depth of the needed buffer based on the site conditions.
Such buffer shall be maintained in a healthy state or replaced as
necessary to provide continuing camouflaging.
(5) Accessory structures. Accessory structures for wireless telecommunications
facilities shall be permitted only if the structures are constructed
for the sole and exclusive use and operation of the communications
facility, are the minimum size necessary to meet the needs of the
specific site, and meet the following requirements:
(a)
Accessory structures may not include office, long-term vehicle
storage, other outdoor storage or other uses that are not needed to
send or receive wireless telecommunications transmissions.
(b)
Accessory structures must be less than 500 square feet in area
and 15 feet in height.
(c)
Accessory structures must be camouflaged behind an effective
year-round landscape buffer equal in height to the proposed structure.
Such buffer shall be maintained in a healthy state or replaced as
necessary to provide continuing camouflaging.
(d)
In residential zones, the use of compatible building materials
such as wood, brick or stucco is required for all accessory structures,
which shall be designed to match architecturally the exterior of residential
structures in the neighborhood, as determined by the Village Board
and/or the Architectural Review Board. In no case will metal siding
be allowed for accessory structures.
(6) Scenic landscapes and vistas. Wireless telecommunications facilities
that are not camouflaged shall not be located within open areas that
are visible from public roads, recreational areas or residential development.
All ground-mounted wireless telecommunications facilities shall be
surrounded by a buffer of dense tree growth and shall be camouflaged
by design to minimize adverse visual and aesthetic impacts.
(7) Utility service lines. All electric power supply and telephone service
lines to new towers and accompanying facilities shall be installed
underground from the existing power source.
(8) Access and parking.
(a)
A road and parking plan shall be provided to ensure adequate
emergency and service access and shall meet the requirements of the
Village Board. Any driveway shall meet the requirements of the Village
Board and the highway authority for the road on which driveway fronts.
(b)
Maximum use of existing public and private roads shall be made,
consistent with safety and aesthetic considerations.
(c)
Road construction shall minimize ground and vegetation disturbance.
Road grades shall follow natural contours to reduce soil erosion potential
and to ensure that roads are aesthetically compatible with the character
of the surrounding area.
(d)
The Planning Board may require an erosion and sedimentation
control plan and may refer the site plan to the appropriate county
or state agency, Village Engineer, and/or Village Planner for review.
(e)
Unpaved roads shall be considered unless conditions require
paving, as determined by the Planning Board, in consultation with
the appropriate authorities or consultants.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9) Maintenance, testing and inspection.
(a)
The originally approved appearance of the exteriors of all towers,
accessory buildings and any other structure must be retained through
regular maintenance by the applicant.
(b)
Before commercial transmission begins, the applicant shall require
certification by a licensed professional engineer that the facility
will not exceed the maximum permissible exposure limits for the level
of electromagnetic radiation using standards in accordance with the
FCC Guidelines.
(10)
Removal of facilities.
(a)
Towers and antennas shall be removed if the owner's or
user's special permit for these facilities has expired or been
terminated or if the facilities are no longer being used by the FCC
licensee. Towers and antennas shall be removed if there is not at
least one operator with a valid special permit using the tower. Potential
or planned future use of any facility for commercial communications
service is not sufficient to avoid the requirement for removal. The
Village Board shall require the owner, user or both to post bond or
escrow cash to guarantee the removal of terminated or unused facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
If the removal of towers and antennas is required, accessory
buildings and other structures shall also be removed unless the Village
Board decides that removal of these structures is not required.
(c)
Each applicant seeking a special permit for a wireless telecommunications facility shall provide a written contract with the Village of New Hempstead, agreeing to be fully responsible for removal, and indemnifying the Village for the costs for removal, of antennas, appurtenances, including, but not limited to, driveway, fencing, parking, accessory buildings and supporting structures such as towers when removal is required by Chapter
290, Zoning, of the Village Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
If a proposed wireless telecommunications facility will be owned
by an entity other than an FCC-licensed carrier which will use that
facility, the carrier shall provide to the Village Board a copy of
a contract between the facility owner and the FCC-licensed carrier
in which the owner agrees to remove the facility, including any tower,
antennas, appurtenances, including, but not limited to, parking, driveway,
fencing and accessory structures, and indemnify the Village for the
costs of such removal, when these facilities are no longer being used
by an FCC-licensed operator with a valid Village of New Hempstead
special permit.
(e)
A decision to require removal shall be the responsibility of
the Village Board after consulting with the Code Enforcement Officer
and the Village Attorney. Removal shall occur within 90 days of the
Village Board's decision to require removal unless the Village
Board has agreed to a temporary extension of that time. If not removed
within the designated period, the Village shall have the right to
compel removal, with all costs to be borne by the special permit holder
who owns and/or previously used the facilities. Removal costs may
also be recovered from the owner of the tax parcel on which the facilities
are located.
(f)
When towers are removed, site reclamation shall be completed
to the satisfaction of the Village Board within 180 days of structure
removal. Reclamation shall include landscaping, removal of structures,
utility lines and accessory structures, and shall encompass the building
site and buffer area controlled by the facility owner.
(11)
Letter of credit.
(a)
Before the site plan for the wireless telecommunications facility is approved by the New Hempstead Planning Board, the applicant shall be required to post a letter of credit, in accordance with the Planning Board's decision and to the satisfaction of the Village Engineer and Village Building Inspector, to secure to the Village the satisfactory cost of maintenance of the facility and, if discontinued or abandoned, the physical removal of the facility as set forth in §
276-9, Abandonment or discontinuation of use. Such letter of credit shall comply with the requirements of the Village Law and shall be satisfactory to the Village Attorney as to form, sufficiency and manner of execution.
(b)
All required maintenance and physical removal shall be made
at the applicant's expense, without reimbursement by the Village.
(c)
When a letter of credit has been posted and required maintenance
has not been performed within the terms of such letter of credit,
the Village Board may thereupon declare said letter of credit to be
in default.
(d)
Increase in amount of security necessary. The Planning Board
may increase the amount of the letter of credit necessary by an appropriate
amount for required maintenance and physical removal when, after a
public hearing, the Planning Board determines that the cost of maintenance
and physical removal exceeds the amount of security already posted.
The Planning Board can increase the amount of security posted so that
the new amount of security will cover the cost in full of the required
maintenance and physical removal.
B. Environmental standards.
(1) Wireless telecommunications facilities shall not be located in wetlands
or in regulated wetland buffer areas, in endangered or threatened
species habitants, water bodies, historic or archaeological sites.
(2) No hazardous waste shall be discharged on the site of any wireless
telecommunications facility. If any hazardous materials are to be
used on site, there shall be provisions for full containment of such
materials. An enclosed containment area shall be provided with a sealed
floor, designed to contain at least 110% of the volume of the hazardous
materials stored or used on the site.
(3) All stormwater run-off generated by the use shall be contained on
site.
C. Safety standards.
(1) Radiofrequency radiation (RFR) standards. All equipment proposed
for a wireless telecommunications facility shall be authorized per
the FCC Guidelines. The owner of the facility shall submit evidence
of compliance with the FCC Guidelines on yearly basis to the Village
Board. If new, more restrictive standards are adopted by an appropriate
federal or state agency, the facility shall be made to timely comply
or the Village Board may restrict continued operations. The cost of
verification of compliance shall be borne by the owner and/or operator
of the facility.
(2) Security barrier. All wireless telecommunications facilities shall
be provided with security measures such as fencing, anticlimbing devices,
electronic monitoring, or other methods sufficient to prevent unauthorized
entry and vandalism. Fencing shall include a locking security gate.
Electrified fence, barbed or razor wire shall be permitted. Chain
link fencing shall include the use of screening slats of an earthtone
color.
(3) Structural soundness and fall zone. Wireless telecommunications facilities
shall be designed by a licensed professional engineer to withstand
overturning and failure. In the event of failure, facilities shall
be designed so that they will fall within the setback area of the
site and/or away from adjacent residential properties. The Village
Board shall require a foundation design and certificate of safety
from the carrier to document structural soundness.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All wireless telecommunications facilities requiring a special
permit shall comply with the following requirements:
A. Location of other facilities.
(1) Applicants shall provide a Village-wide map showing the location
of other existing, approved, and proposed wireless telecommunications
facilities within the Village of New Hempstead and all bordering municipalities,
outlining opportunities for collocation use as an alternative to the
proposed site. The applicant must demonstrate that the proposed wireless
telecommunications facility cannot be accommodated on an existing,
approved, or proposed communication tower, structure or facility due
to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity of the existing,
approved, or proposed wireless telecommunications facility, as documented
by a qualified professional engineer, and the existing, approved,
or proposed facility cannot be reinforced, modified, or replaced to
accommodate the planned or equivalent antenna at a reasonable cost.
(b)
The antenna would cause interference materially impacting the
usability of other existing, approved or proposed antennas at the
facility as documented by a qualified professional engineer and the
interference cannot be prevented at a reasonable cost.
(c)
Existing, approved, or proposed wireless telecommunications
facilities cannot accommodate the antenna at a height necessary to
function, as documented by a qualified professional engineer.
(d)
Other foreseen reasons that make it infeasible to locate the
antenna upon an existing, approved, or proposed wireless telecommunications
facility.
(2) In the event that collocation is not feasible, the applicant shall comply with requirements set forth in §
276-5B(1)(e).
B. Provision of new facilities.
(1) Any proposed ground-mounted wireless telecommunications facility
shall be designed, structurally, electrically, and in all respects,
to accommodate both the applicant's antennas and comparable antennas
for at least two additional users if the mount is over 100 feet in
height or for at least one additional user if the mount is over 75
feet in height. Mounts must be designed to allow for future rearrangement
of antennas upon the mount and to accept antennas mounted at varying
heights.
(2) The applicant shall submit to the Village Board a letter of intent
committing the applicant, and his/her successors in interest, to negotiate
in good faith for the shared use of the proposed facility by any wireless
service providers in the future. The issuance of a permit (assuming
the facility is approved according to this chapter) shall commit the
new facility owner and his/her successors in interest to:
(a)
Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared
use of the new facility by other wireless service providers.
(c)
Allow shared use of the new facility if another wireless service
provider agrees in writing to pay charges.
(d)
Make no more than a reasonable charge for shared use, based
on generally accepted accounting principles. The charge may include
but is not limited to a pro-rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance financing, return on equity, and depreciation, and
all of the costs of adapting the facility to accommodate a shared
user without causing electromagnetic or any other interference.
C. Intermunicipal cooperation. In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
wireless telecommunications facility in a neighboring municipality
be considered for shared use, the Village Board shall require that:
(1) An applicant who proposes a new wireless telecommunications facility
shall notify in writing the legislative body of each municipality
that borders the Village of New Hempstead as well as the Rockland
County Office of Fire and Emergency Services. Notification shall include
the exact location of the proposed facility and a general description
of the project, including, but not limited to, the height of the facility
and its capacity for future shared use.
(2) Documentation of this notification shall be submitted to the Village
Board at the time of application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A modification of a wireless telecommunications facility may
be considered equivalent to an application for a new facility and
will require a special permit when the following events apply:
A. The applicant intends to alter the terms of the special permit by
changing the number of facilities permitted on site or by changing
the technology used for the facility.
B. The applicant intends to add any equipment or additional height not
specified in the original special permit.
Facilities shall be insured by the owner(s) of the tower and/or
the antenna thereon against damage to persons or property. The owner(s)
of the tower and/or antennas thereon shall provide annually to the
Village Clerk a certificate of insurance in the minimum amount of
$2,000,000, or higher amount if required by the Village Board, in
which the Village of New Hempstead shall be an additional named insured.
This insurance shall insure against damage or loss arising from all
structures, towers, or antennas on the property.