The purpose of this chapter is to establish
predictable and balanced regulations for the siting and screening
of personal wireless services antennas, towers, and accessory structures
in order to accommodate the growth of such systems within the Village
while protecting the public against any adverse impacts on aesthetic
resources, avoiding potential damage to adjacent properties from tower
failure through structural standards and setback requirements, and
reduce the number of towers needed to serve the community by maximizing
the use of existing towers and buildings.
Unless otherwise expressly stated, the following
words shall, for the purposes of this chapter, have the meanings herein
indicated:
ACCESSORY STRUCTURES
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services. The term “accessory structures” does
not include offices, long-term storage of vehicles or other equipment
storage, or broadcast studios.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
panels and microwave dishes, and omnidirectional antennas, such as
whip antennas, as part of, or in conjunction with, a personal wireless
services system.
BOARD
The Board of Trustees of the Village of Baxter Estates.
COLLOCATION
As to small wireless facilities, means mounting or installing
an antenna for a small wireless facility on a pre-existing structure;
and/or modifying an existing structure for the purpose of mounting
or installing an antenna for a small wireless facility on that structure.
[Added 3-7-2019 by L.L. No. 3-2019]
FACILITY
A structure that is used for the provision of personal wireless
service, whether such service is provided on a stand-alone basis or
commingled with other wireless communications services.
[Added 3-7-2019 by L.L. No. 3-2019]
SMALL WIRELESS FACILITIES
Facilities that meet the following criteria:
[Added 3-7-2019 by L.L. No. 3-2019]
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in
height, including their antennas;
(2)
Are mounted on structures no more than 10% taller
than other adjacent structures; or
(3)
Do not extend existing structures on which they
are located to a height of more than 50 feet or by more than 10%,
whichever is greater.
B.
Each antenna associated with the deployment, excluding
associated antenna equipment, is no more than three cubic feet in
volume.
C.
The provisions in §§
159-4 and
159-5 shall not apply, and there shall be no required minimum spacing between structures; however:
(1)
The spacing and location of the structures shall
be such as to minimize the aesthetic impact upon nearby residential
dwellings, taking into account property lines, driveways, topography,
sight lines, water views, and existing landscaping.
(2)
New small wireless facilities shall be placed
on existing structures with existing small wireless facilities to
the extent feasible, so long as the collocation does not have a material
adverse aesthetic impact on nearby residential dwellings from the
multiplicity of facilities and associated equipment.
(3)
If such new small wireless facilities are not
to be placed on existing structures with existing small wireless facilities,
they shall be placed on other existing structures to the extent feasible,
so long as the location does not have a material adverse aesthetic
impact on nearby residential dwellings.
D.
All other wireless equipment associated with the
structure, including the wireless equipment associated with the antenna
and any pre-existing associated equipment of the structure, is no
more than 28 cubic feet in volume.
E.
The facilities do not require antenna structure
registration pursuant to the rules adopted from time to time by the
Federal Communications Commission.
F.
The facilities do not result in human exposure
to radio frequency radiation in excess of the applicable safety standards
adopted from time to time by the Federal Communications Commission.
TOWER
Any ground- or roof-mounted pole, spire, structure, or combination
thereof taller than 15 feet, including supporting lines, cables, wires,
braces, and masts, built for the purpose of mounting an antenna, meteorological
device, or similar apparatus above grade as part of, or in conjunction
with, a personal wireless services system.
The operator of every PWS antenna shall submit
to the Village Clerk copies of all licenses and permits required by
other agencies and governments with jurisdiction over the design,
construction, location and operation of such antenna and shall maintain
such licenses and permits and provide evidence of renewal or extension
thereof when granted. The failure to do so after 30 days' notice,
in the discretion of the Board, unless good cause for such failure
is shown, shall result in the termination of the special exception
permit.
No permit granted under this chapter for any
antenna or tower, or accessory structure, shall be assigned or transferred
without the prior approval of the Board.
All permits granted under this chapter shall
be subject to review by the Board at ten-year intervals, to determine
whether the technology in the provision of PWS has changed such that
the necessity for the permit at the time of its approval has been
eliminated or modified, and whether the permit should be modified
or terminated as a result of any such change.
[Amended 9-19-2005 by L.L. No. 1-2005]
In addition to the fees set forth in other provisions
of the Village Code:
A. Each owner and operator of a tower shall pay to the
Village an annual fee for such tower and for each antenna on such
tower in an amount as set from time to time by resolution of the Board
of Trustees.
B. Each owner and operator of an antenna not located
on a tower shall pay to the Village an annual fee for such antenna
in an amount as set from time to time by resolution of the Board of
Trustees.
C.
Each owner and operator of one or more small wireless facilities
shall pay to the Village such permit applications fees and annual
fees as set from time to time by resolutions of the Board of Trustees.
[Added 3-7-2019 by L.L. No. 3-2019]
Antennas and towers in existence which do not
conform to or comply with this chapter are subject to the following
provisions:
A. Antennas and towers may continue in use for the purpose
now used and as now existing but may not be replaced or structurally
altered without complying in all respects with this chapter.
B. If such antennas or towers are hereafter damaged or
destroyed due to any reason or cause whatsoever, the antenna or tower
may be repaired and restored to its former use, location, and physical
dimensions without complying with this chapter; provided, however,
that if the cost of repairing the tower to the former use, physical
dimensions, and location would be 20% or more of the cost of a new
tower of like kind and quality, then the tower may not be repaired
or restored except in full compliance with this chapter.
[Amended 3-7-2019 by L.L.
No. 3-2019]
A. Non-small wireless facilities. The Board shall conduct
a public hearing within 62 days from the day a complete application
is filed with the Village Clerk with the appropriate application fee
and deposit. The Board shall issue a decision within 35 days after
the conclusion of the public hearing and the recommendations of the
Nassau County Planning Commission, whichever is the later to occur.
B. Small wireless facilities.
(1) At the discretion of the Board, the Board may conduct
a public hearing.
(2) The Board shall use its best efforts and due diligence
to review an application to collocate a small wireless facility using
an existing structure within 60 days of its receipt of a complete
application.
(3) The Board shall use its best efforts and due diligence
to review an application to deploy a small wireless facility using
a new structure within 90 days of its receipt of a complete application.
The Board shall have the right to vary the provisions
of this chapter, to the extent reasonable or necessary, upon a showing
of sufficient evidence by qualified experts that an applicant cannot
feasibly provide the services for which it is licensed if it is compelled
to conform with the all of the provisions of this chapter or if it
is shown that any of the foregoing provisions of this chapter are
not enforceable by the Village because of a federal or state preemption.
[Added 9-19-2005 by L.L. No. 1-2005;
amended 8-6-2015 by L.L. No. 2-2015]
For each violation of any provision of this chapter, the owner,
general agent, or contractor of a building or premises where such
violation has been committed or shall exist, and the lessee or tenant
of an entire building or entire premises where any such violation
has been committed or shall exist, and the owner, general agent, contractor,
lessee or tenant of any part of a building or structure or premises
in which part such violation has been committed or shall exist, and
the general agent, architect, builder, contractor or any other person
who knowingly commits, takes part or assists in any such violation,
or who maintains any building or premises in which any such violation
shall exist, shall constitute a violation, punishable as follows:
for a conviction of a first offense, by a fine not more than $250,
or imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment; for a conviction of a second offense, both of which
were committed within a period of five years, by a fine not less than
$250, nor more than $500, or imprisonment for a period not to exceed
15 days, or both such fine and imprisonment; and for a conviction
of a third or subsequent offense, all of which were committed within
a period of five years, by a fine not less than $500, nor more than
$1,000, or imprisonment for a period not to exceed 15 days, or both
such fine and imprisonment. Each day that a violation occurs or continues
shall be deemed a separate and distinct violation hereunder.