Applicants for site plan review for the establishment of construction
of personal wireless service facilities shall meet all of the following
criteria:
The proposed personal wireless service facility is required
to provide service to locations which the applicant is not able to
serve with existing facilities which are located within and outside
the Village by co-location or otherwise.
The applicant shall demonstrate, using technological evidence,
that the antenna must be placed where it is proposed, in order to
satisfy its function in the provided grid system.
A.
The co-location of existing personal wireless service facilities
shall be strongly preferred to the construction of a new personal
wireless service facilities.
B.
If a new site for a personal wireless service facilities is proposed,
the applicant shall submit a report setting forth in detail:
(1)
An
inventory of existing personal wireless service facilities which are
within a reasonable distance from the proposed facility with respect
to coverage;
(2)
An
inventory of existing personal wireless service facilities in other
municipalities which can be utilized or modified in order to provide
coverage to the locations the applicant is seeking to serve; and
(3)
A
report on the possibilities and opportunities for co-location as an
alternative to a new site.
C.
The applicant must demonstrate that the proposed personal wireless
service facilities cannot be accommodated on an existing facility
in another municipality due to one or more of the following reasons:
(1)
The
proposed equipment would exceed the existing and reasonably potential
structural capacity of existing and approved personal wireless service
facilities, considering existing and planned use for those facilities.
(2)
The
existing or proposed equipment would cause interference with other
existing or proposed equipment which could not reasonably be prevented
or mitigated.
(3)
Existing
or approved personal wireless service facilities in neighboring municipalities
do not have space on which the proposed equipment can be placed so
it can function effectively and reasonably, and the applicant has
not been able, following a good faith effort, to reach an agreement
with owners of such facilities.
(4)
Other
reasons make it impractical to place the proposed equipment on existing
and approved personal wireless service facilities and on other existing
facilities in other municipalities.
(5)
Service
to the locations to which the applicant seeks to provide service cannot
be provided by existing facilities within or outside the Village.
A.
There shall be only one personal wireless service facility allowed
per lot, unless a provider co-locates on the existing tower or monopole
on that lot.
B.
The minimum lot size for a tower or monopole shall be equal to the
square of twice the tower's or monopole's height.
C.
If a new antenna structure is constructed, as opposed to mounting
the antenna on an existing structure, the minimum distance between
the base of the support structure and the property lines shall be
10% greater than the height of the antenna. All personal wireless
service facilities shall be separated from all residential dwellings
by a distance of no less than 500 feet and by no less than 500 feet
from the road right-of-way. All guy wire anchors and accessory facilities
shall be set back a minimum of 30 feet from the property line.
The applicant shall demonstrate that the antenna is the minimum
height required to function satisfactorily. No antenna that is taller
than this minimum height shall be approved.
Security fencing, showing the location, materials and height,
shall be provided around each tower or monopole to secure the site
and provide an opaque barrier. Access to the structure shall be through
a locked gate.
Where a personal wireless facility is to be attached to an existing
building or structure, such facility shall be integrated into such
existing building or structure in such a manner which blends with
the architectural characteristics of the building or structure to
the maximum extent practicable.
Unless wall-mounted on an existing roof-mounted mechanical enclosure
or similar appurtenance, all antennas mounted on a roof shall be located
so that visibility of the antenna is limited to the greatest extent
possible. Antennas wall-mounted on a roof-mounted mechanical enclosure
or similar appurtenance shall not exceed the height of the appurtenance
at the point of installation.
The applicant shall demonstrate that the proposed antenna and
support structure are safe and the surrounding areas will not be negatively
affected by support structure failure, falling ice or other debris,
electromagnetic fields, or radio frequency interference. All support
structures shall be fitted with anticlimbing devices, as approved
by manufacturers.
Prior to site plan approval, a performance bond or other security
sufficient to cover the full cost of the removal and disposal of the
personal wireless service facility upon abandonment of said facility
shall be provided by the owner/operator. This cost shall be determined
by an estimate of the Village-designated engineer. Any such security
must be provided pursuant to a written security agreement with the
Village, approved by the Village Board and also approved by the Village
Attorney as to form, sufficiency and manner of execution. The form
of security shall be limited to those permissible under New York State
Law.
