Village of Fonda, NY
Montgomery County
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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.
The co-location of existing personal wireless service facilities shall be strongly preferred to the construction of a new personal wireless service facilities.
If a new site for a personal wireless service facilities is proposed, the applicant shall submit a report setting forth in detail:
An inventory of existing personal wireless service facilities which are within a reasonable distance from the proposed facility with respect to coverage;
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
A report on the possibilities and opportunities for co-location as an alternative to a new site.
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:
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.
The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be prevented or mitigated.
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.
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.
Service to the locations to which the applicant seeks to provide service cannot be provided by existing facilities within or outside the Village.
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.
The minimum lot size for a tower or monopole shall be equal to the square of twice the tower's or monopole's height.
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.