As used in this chapter, the following terms shall have the
meanings indicated. Terms not specifically defined herein shall, to
the extent applicable, have the meanings defined in the Communications
Act of 1934, 47 U.S.C. § 151 et seq., Title 47 of the Code
of Federal Regulations, or other applicable federal, state or local
laws or regulations, as such laws and regulations may be amended from
time to time.
ACCESSORY OR ANTENNA EQUIPMENT
Any equipment serving or being used in conjunction with wireless
telecommunications facilities and located on the same property or
lot as the wireless telecommunications facilities, including, but
not limited to, utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, buildings and similar structures and, when co-located
on a structure, is mounted or installed at the same time as an antenna.
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to authorization from the FCC, for the provision of personal
wireless service and any commingled information services. For purposes
of this definition, the term "antenna" does not include an unintentional
radiator, mobile station, or device authorized under Part 15 of Title
47 of the Code of Federal Regulations.
BASE STATION
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network.
A.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
B.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including small wireless telecommunications facilities, distributed
antenna systems and micro cell networks).
C.
The term includes any structure that supports or houses equipment described in Subsection
A through
B above that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support, but does not include any structure that, at the time the relevant application is filed with the Village under this chapter, does not support or house equipment described in Subsection
A to
B of this section.
CO-LOCATION
Consistent with the Nationwide Programmatic Agreement (NPA)
for the Co-location of Wireless Antennas, means:
A.
Mounting or installing an antenna facility on a preexisting
structure; and/or
B.
Modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
C.
With respect to wireless facility modifications, "co-location"
means the mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
DEPLOY or DEPLOYMENT
The placement, construction, or modification of a wireless
telecommunications facility on any property or structure within the
Village.
DISTRIBUTED ANTENNA SYSTEM (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless communication service within
a geographic area or structure.
EAF
The Environmental Assessment Form approved by the New York
State Department of Environmental Conservation and set forth in 6
NYCRR 617.20.
FAA
The Federal Aviation Administration or its duly designated
and authorized successor agency.
FACILITY or PERSONAL WIRELESS SERVICE FACILITY
An antenna facility or a structure that is used for the provision
of personal wireless service [as defined in 47 U.S.C. § 332(7)(C)(i)],
whether such service is provided on a standalone basis or commingled
with other wireless communications services.
FCC or COMMISSION
The Federal Communications Commission, or its duly designated
and authorized successor agency.
HEIGHT
When referring to a structure, the distance measured from
the preexisting grade level to the highest point on the structure,
including the antenna and any other appurtenances.
HISTORIC PROPERTY OR RESOURCE
Any property or structure that has been designated a landmark pursuant to Chapter
47 or that is listed, or eligible for listing, on the National or State Register of Historic Places.
MICRO CELL FACILITY
Low-powered wireless base stations that function like cells
in a mobile wireless network, typically covering targeted indoor or
localized outdoor areas ranging in size from homes and offices to
stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A micro cell facility meets both the following qualifications: i)
each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed element,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and ii) all other wireless
equipment associated with the facility is cumulatively no more than
17 cubic feet in volume.
MODIFICATION
The improvement, upgrade or expansion of existing wireless
communication facilities, or the improvement, upgrade or expansion
of the wireless communications facilities located within an existing
equipment compound if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
communication facilities.
MONOPOLE
A wireless communication support structure which consists
of a single pole designed and erected on the ground or on top of a
structure, to support wireless communication antenna and accessory
equipment.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
PUBLIC RIGHT-OF-WAY
Any way over which the public possesses the right to travel,
which heretofore has been duly laid out, adopted and established by
law, whether publicly owned or not. The term "road" includes state,
county and Village highways and roads, streets, squares, places, courts,
boulevards, parkways and other ways however designated to which the
public has access.
REPLACEMENT
The replacement of existing wireless communication antenna
on any existing support structure or on existing accessory equipment
for maintenance, repair or technological advancement with equipment
composed of the same wind loading and structural loading that is substantially
similar in size, weight, and height as the existing wireless communication
antenna and which does not substantially change the physical dimensions
of any existing support structure.
SMALL WIRELESS FACILITY
A wireless telecommunications facility, including but not
limited to DAS and micro cells, that meets each of the following conditions:
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height, including
their antennas [as defined in 47 CFR 1.1320(d)]; or
(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; and
B.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
C.
All other wireless equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) are
cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration
under 47 CFR 17.4; and
E.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b) and 1.1310.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communication facilities
which render them more visually appealing or which serve to blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted facilities, building-mounted antenna painted to match
the existing structure, and facilities constructed to resemble trees,
shrubs, light poles, and the like.
STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or commingled with other types of services).
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
A.
The mounting of a proposed antenna on existing towers, that
would increase the original height of the tower by more than 10%,
or by the height of one additional antenna array with separation from
the nearest existing antenna not to exceed 20 feet, whichever is greater;
for other eligible support structures, it increases the height of
the structure by more than 10% or more than 10 feet, whichever is
greater;
B.
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
C.
The mounting of the proposed antenna would involve adding an
appurtenance to the body of an existing wireless telecommunications
support structure that would protrude from the edge of the original
support structure more than 20 feet, or more than the original width
of the support structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding
an appurtenance to the body of the structure that would protrude from
the edge of the structure by more than six feet, except that the mounting
of the proposed antenna may exceed the size limits herein if necessary
to shelter the antenna from inclement weather or to connect the antenna
to the support structure via cable;
D.
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
E.
The modification defeats concealment and/or stealth elements
of the support structure; or
F.
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Commission-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
UTILITY POLE
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Village-owned poles or poles owned by other
utility companies. Any utility pole in excess of 50 feet shall be
deemed a tower.
WIRELESS TELECOMMUNICATIONS FACILITY
A structure, facility or location designed or intended to
be used as, or used to support, antennas, along with any antennas
located on such structure and any accessory equipment. It includes,
without limit, freestanding towers, guyed towers, monopoles, DAS,
micro cell or small wireless facilities on utility poles in the public
right-of-way or property of the Village or within the Village and
similar structures that employ stealth technology, including but not
limited to structures such as a multistory building, church steeple,
silo, water tower, sign or other similar structures intended to mitigate
the visual impact of an antenna or the functional equivalent of such.
It includes any structure, antennas and accessory equipment intended
for transmitting and/or receiving radio, television, cellular, paging,
911, personal telecommunications services, commercial satellite services,
microwave telecommunications or other wireless or cellular communication
technologies, but excluding those used exclusively for the Village's
fire, police and other dispatch telecommunications, or exclusively
for private radio and television reception and private citizen's
bands, amateur radio and other similar telecommunications.
A small wireless facility shall be no higher than the minimum
height necessary to provide effective service. The proposed height,
which may be in excess of maximum height permitted for other structures
in the applicable zone, shall address any additional height necessary
to accommodate co-location by additional antenna arrays, but under
no circumstances is the height to be in excess of what is permitted
for a small wireless facility.
All wireless telecommunications support structures for a small
wireless facility located outside the public right-of-way shall be
set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Zoning Board
of Appeals may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
Large wireless facilities are permitted only in the M-1, MU
and NMU Zoning Districts and are subject to the restrictions and conditions
prescribed below:
A. Construction and design. All large wireless facilities shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
large wireless facilities shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Village.
B. Wind and ice. All large wireless facilities structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
C. Aviation safety. Large wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
D. Public safety communications. Large wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
E. Radio frequency emissions. A large wireless facility shall not, by
itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. When a small
wireless facility is complete, as-built readings will be taken and
submitted to the Village.
F. Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(1) Large wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2) Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Village's
residents.
(3) All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents.
(4) The owner or operator of a large wireless facility shall maintain
standby power generators capable of powering the wireless telecommunications
facility for at least 24 hours without additional public utility power,
and indefinitely with a continuous or replenished fuel supply. Such
standby power shall activate automatically upon the failure of public
utility power to the site. Notwithstanding the foregoing, the Zoning
Board of Appeals may require standby power longer than 24 hours where
circumstances indicate sufficient space exists to accommodate longer
periods of backup power.
Wireless telecommunications facility support structures shall
be no higher than the minimum height necessary. The proposed height,
which may be in excess of maximum height permitted for other structures
in the applicable zone, shall address any additional height necessary
to accommodate co-location by additional antenna arrays, but under
no circumstances is the height to be in excess of 150 feet.
All large wireless facilities, including any support structures
and accessory equipment, located outside the public right-of-way shall
be set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Zoning Board
of Appeals may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
The applicant and the owner of record of any proposed large
wireless facility property site shall, at their 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 sufficient to ensure
the proper operation, maintenance and, if necessary, removal of such
large wireless facility and associated equipment and restoration of
any impacted property, as determined by the Zoning Board of Appeals
based on a written estimate from a qualified professional, and with
such sureties as are deemed sufficient by the Zoning Board of Appeals
to assure the faithful performance of the terms and conditions of
this section and conditions of the LWFP 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 LWRP 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 special
use permit.
In addition to any other remedies in this section, a violation
of any provision of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $500, or imprisonment for a period
not to exceed six months, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five year, punishable by a fine not less than $500 nor
more than $1,000, or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $5,000 or imprisonment
for a period not to exceed one year, or both. Each continued violation
shall constitute a separate additional violation.