The Village Board of Trustees has determined that establishing
zoning standards for wireless telecommunications facilities is among
the legislative purposes of the Zoning Code of the Village and is
in accordance with the goals, objectives and policies of the Village
Comprehensive Plan.
The purpose of these regulations is to control the location,
construction, aesthetics, use, modification and maintenance of wireless
telecommunication facilities in accordance with federal law, promote
wireless telecommunications services, encourage siting wireless telecommunications
facilities in nonresidential areas, minimize the number of wireless
telecommunications facilities and protect, to the maximum extent practicable,
the open space character of the Village, the property values of the
community, the health and safety of our citizens and mitigate, to
the maximum extent practicable, aesthetic impacts, while not unreasonably
limiting competition among telecommunication providers.
Use. Except as provided hereinafter, no wireless telecommunications
facility, including small wireless facilities and non-small wireless
facilities, shall be located, constructed, operated or maintained
on any lot, building, structure or land within the Village, unless
a special permit has been issued in conformity with the requirements
of this chapter and all other applicable regulations.
Eligible facility request. Notwithstanding anything to the contrary in this section, any application for a wireless telecommunications facility that does not substantially change the dimensions of a wireless telecommunications facility shall not require a small wireless permit or special use permit. In the event that a modification to, or replacement of, an existing wireless telecommunications facility does not substantially change such existing wireless telecommunications facility, all that shall be required is a building permit from the Village Building Department, provided that such facility meets the definition of eligible facility request defined in § 185-3B. The applicant shall submit a written narrative and certification report by a NYS-licensed engineer indicating compliance with all applicable provisions found within the Federal Communications Commission (FCC) regulations, the Village Code, state law and federal law. An as-built drawing of the modified facility, signed and sealed by a NYS-licensed professional engineer, shall be filed with the Building Department prior to issuance of a certificate of occupancy.
Exemptions. The provisions of this article shall not apply to unlicensed
wireless telecommunications facilities and equipment located wholly
within a principal or accessory building, such as, but not limited
to, baby monitors, heart monitors, garage door openers, burglar and
fire alarm systems, and emergency communications equipment serving
only that building.
Application fee. At the time an applicant submits an application
for a wireless telecommunications facility, such applicant shall pay
a nonrefundable application fee in an amount as determined by the
Village Board and set forth in the Village fee schedule, in addition
to any other fees required by law.
Reimbursement for use of the public right-of-way. In addition
to permit application fees, every wireless telecommunications facility
located in the public right-of-way is subject to the Village's right
to fix annually a fair and reasonable fee to be paid for use and occupancy
of the public right-of-way, set forth in the Village fee schedule.
Review costs. In accordance with Chapter 91, Article III and to the extent permissible under federal law, in connection with any proposed wireless telecommunications facility, the applicant shall be required to provide funds to an escrow account held by the Village to allow the Planning Commission to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.
Subject to the Planning Commission's review and evaluation of
technological, structural, safety and financial considerations associated
with siting wireless telecommunications facilities, a wireless telecommunication
facility shall be located, sited and erected in accordance with the
following priorities, (a) being the highest priority and (e) being
the lowest priority.
Co-location on i) an existing, approved wireless telecommunications
facility, or; ii) on any high-voltage electric transmission tower.
Co-location shall be required unless an applicant demonstrates to
the satisfaction of the Planning Commission that:
No high-voltage electric transmission tower or
existing wireless telecommunications facility site can accommodate
the proposed wireless telecommunications facility in a financially
or technologically feasible manner consistent with the wireless communications
service carrier's system requirements or FCC service obligations;
No high-voltage electric transmission tower or
existing wireless telecommunications facility site can accommodate
the proposed wireless telecommunications facility due to structural,
technical or other engineering limitation, including frequency incompatibility;
or
The owner of a high-voltage electric transmission
tower or existing wireless telecommunications site refuses to permit
an applicant shared use of the site.
Sites, lots, buildings and structures located in business and
manufacturing districts hosting a previously approved wireless telecommunications
facility.
Any new monopole, tower or structure intended to support a wireless
telecommunications facility shall be located, sized and designed to
accommodate future, potential co-location of other telecommunications
facilities, unless otherwise permitted by the Planning Commission.
Wherever possible, such facilities shall be attached to an existing
building or structure. To the maximum extent practicable, existing
rights-of-way shall be used to provide access to the site of a wireless
telecommunications facility. Every monopole, tower or structure capable
of supporting three or more wireless communication facilities shall
be wired and configured to accept a secondary, redundant power supply
in case of emergency.
If the proposed site is not proposed for the highest priority
listed above, then a detailed explanation must be provided as to why
a site of a higher priority was not selected. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons
why such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
Notwithstanding the above, the Village may approve any site
located within the Village, provided that the Village finds that the
proposed site is in the best interest of the safety, public welfare,
character and environment of the Village and will not have a deleterious
effect on the nature and character of the community and surrounding
properties.
In order to ensure compliance with all applicable provisions
of the Village Code, state law and federal law, all small wireless
facilities shall require a small wireless facility permit from the
Planning Commission.
An application submitted for a small wireless facility permit
shall comply with the applicable provisions of this section. However,
notwithstanding anything to the contrary, where appropriate, the Planning
Commission shall have the authority to waive any application or substantive
requirements set forth in this section relating to an application
for, or approval of, a small wireless facility permit, unless otherwise
set forth herein.
The Planning Commission may attach such conditions and safeguards
to any small wireless facility permit and site development plan as
are, in its opinion, necessary to ensure initial and continued conformance
to all applicable standards and requirements.
Unless otherwise set forth in this chapter, a DAS facility,
microcell facility or other type of wireless telecommunications facility
not meeting the definition of small wireless facility shall require
a special use permit from the Planning Commission.
Upon receipt of an application for a small wireless facility,
the Planning Commission shall review said application and plans in
accordance with the standards and requirements set forth in this section.
An application for approval of a small wireless facility shall
be submitted on the pertinent forms provided for that purpose by the
Village and shall be jointly filed by the operator of the small wireless
telecommunications facility and the owner of the property on which
such facility is proposed to be located. The application and documents
accompanying the application shall also be submitted in an electronic
file format.
The applicant shall submit a site plan describing any new proposed
structure and antenna and all related fixtures, accessory equipment,
appurtenances and apparatus, including, but not limited to, height
above preexisting grade, materials, color and lighting.
An application for a small wireless facility permit shall be
signed on behalf of the applicant by the person preparing the same
and with knowledge of the contents and representations made therein
and attesting to the truth and completeness of the information. The
landowner, if different than the applicant, shall also sign the application.
At the discretion of the Planning Commission, any false statement
in the application may subject the applicant to denial of the application.
The applicant must provide documentation to verify it has a
legal interest in the site if not within the public right-of-way.
Said documentation may be in the form of a deed, contract for sale
or lease for the property, depending on whether the applicant is the
property owner, contract vendee or lessee.
If proposing a new structure for the purpose of supporting a
small wireless facility, the application shall be accompanied by a
map which shows the applicant's existing and proposed area of coverage.
Such map shall locate all existing wireless telecommunications facility
sites, including small wireless facilities and non-small wireless
facilities, within 1/2 mile of the proposed small wireless facility.
In addition to the small wireless facility permit application
requirements set forth herein, all applications for the construction
or installation of a new small wireless facility or modification of
an existing small wireless facility shall contain the following information:
A descriptive statement of the objective(s) for the new facility
or modification, including and expanding on a need such as coverage
and/or capacity requirements, densifying a wireless network, introducing
new services or improving service capabilities;
The size of the property, stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines, if the proposed small
wireless facility is located outside the public right-of-way;
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed small wireless facility is
located outside the public right-of-way.
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance;
The applicant shall furnish written certification that the small
wireless facility and attachments are designed and will be constructed
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. If the wireless facility
is subsequently approved and constructed, as-built certification indicating
that the facility has been constructed in accordance with all standards
shall be furnished to the Village prior to issuance of any certificate
of occupancy.
The application shall include an environmental assessment form
(EAF), including a visual addendum, assessing the visual impact of
the proposed small wireless facility and provide appropriate modeling
and photographic simulations. The application shall include a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies,
where appropriate, and will thereby have the least adverse visual
effect on the environment, the character of the community, surrounding
properties and on the residences in the area of the wireless telecommunications
facility.
All decisions of the Planning Commission involving applications
for a small wireless facility permit shall be in writing and supported
by substantial evidence contained in a written record.
No application shall be accepted and no permit shall be issued
for a small wireless facility on a property where the Building Inspector
has found, or there exists, a violation of the Village Code and where
such violation has not been corrected.
Within 60 calendar days of receipt of a complete application
for the co-location of a small wireless facility on a preexisting
utility pole, monopole or other existing support structure, the Planning
Commission shall make a final decision on whether to approve the application
and shall notify the applicant, in writing, of such decision.
Within 90 calendar days of receipt of a complete application
for a small wireless facility on a new utility pole, monopole or other
new support structure, the Planning Commission shall make a final
decision on whether to approve the application and shall notify the
applicant, in writing, of such decision.
Within 10 calendar days of receipt of an incomplete application
for a small wireless facility, the Village shall notify the applicant,
in writing, of any supplemental information required to complete the
application. Upon receipt of an applicant's supplemental information
in response to the initial notification of incompleteness by the Village,
the applicable shot clock will reset to zero, and the Village shall
have the full 60 calendar days or 90 calendar days permitted by law
to act on the completed application.
For any subsequent determinations of incompleteness beyond the
initial, the Village shall notify the applicant of any required supplemental
information within 10 days of receipt of the supplemental submission,
and such notice shall toll the applicable shot clock until the applicant
submits the required supplemental information.
A small wireless facility shall be designed, constructed, operated,
repaired, modified and removed in strict compliance with all current
applicable technical, safety and safety-related codes, including,
but not limited to, the American National Standards Institute (ANSI)
Code, National Electrical Safety Code, and National Electrical Code.
A small wireless facility 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.
A small wireless facility shall not interfere with public safety
communications or the reception of broadband, television, radio or
other communications services enjoyed by occupants of nearby properties.
A small wireless facility shall not, by itself or in conjunction
with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of
the FCC. When a small wireless facility is complete, as-built readings
shall be taken and submitted to the Village.
The Village reserves the right to inspect any small wireless
facility to ensure compliance with the provisions of this subsection
and any other provisions found within the Federal Communications Commission
regulations, the Village Code, state and federal law. The Village
and/or its agents shall have the authority to enter the property upon
which a small wireless facility is located at any time, upon reasonable
notice to the operator and property owner, to ensure such compliance.
All antennas and other supporting structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with.
The owner and/or user of the small wireless facility, after
construction thereof, shall annually submit a report to the Village
Engineer prepared by a qualified professional engineer or engineers.
Such report shall provide an analysis of the nonionizing
electrical radiation emitted by the facility and shall be accompanied
by sufficient underlying data so that the analysis can be reviewed
for accuracy and completeness by a person expert in the field, at
the owner's expense.
If the owner and/or user demonstrate that an acceptable
comparable report is routinely made to another agency in satisfactory
intervals, the approving authority may authorize the submission of
such comparable report to the Village Engineer in lieu of the annual
report required above. In the event that the report is not submitted
as required, the Village may, in its discretion, obtain its own report
at the owner's expense.
If the owner fails to pay for the report within
30 days after a demand has been made by the Village, the cost shall
constitute a lien against the property involved and may be levied,
assessed and collected in the same manner as Village taxes.
Setback. All wireless telecommunications support structures
for any small wireless facility located outside the public right-of-way
shall be set back not less than two times the setback requirements
for principal structures for the district in which the property is
located, or the height of the facility plus the otherwise applicable
setback requirements for a principal structure for the district in
which the property is located, whichever is greater. The Planning
Commission may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristic of the proposed
support structure. However, in no case shall the Planning Commission
reduce the setback required to less than the applicable setback requirements
for principal structures in the district in which the property is
located.
Height. In no case shall a wireless telecommunications facility
exceed the minimum height reasonably necessary to provide reliable
signal coverage. The proposed height, which may be in excess of the
maximum height permitted for other structures in the applicable zoning
district, 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, as defined in this chapter.
A small wireless facility shall be sited so as
to have the least adverse visual effect on the environment and its
character, on existing vegetation and on the residents in the area
of the wireless telecommunications facilities sites. If lighting is
required, the applicant shall provide a detailed plan for sufficient
lighting of as unobtrusive and inoffensive an effect as is permissible
under federal, state and local laws, statutes, codes, rules or regulations.
Both the small wireless facility and any and all
accessory equipment shall maximize use of building materials, colors
and textures designed to blend with the structure to which it may
be affixed and/or to harmonize with the natural surroundings.
In determining the most appropriate landscaping
to be provided, the approving authority shall consider the visual
impact of the small wireless facility in its setting with regard to
immediate proximity of observers and the sight lines from major viewing
points. The area surrounding the small wireless facility or attached
wireless facility shall be landscaped and maintained with trees, shrubs
and ground cover consistent with the surrounding community character
and satisfactory to the approving authority.
When a fence is required, the outside of such fencing
shall be landscaped with trees, shrubs or other appropriate planting
material satisfactory to the approving authority.
An existing natural vegetative buffer which meets
or exceeds the above requirements may be retained to meet the landscape
requirements set forth above.
Small wireless facilities and any accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists.
Regulations applicable to small wireless facility permits in the
public right-of-way. In addition to the applicable small wireless
facility permit requirements set forth in this section, all small
wireless facilities located in the public right-of-way shall be required
to comply with the following regulations:
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
or within an easement extending onto a privately owned lot.
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground is permitted when placed in conjunction with a new stealth
pole and concealed in a ground-mounted cabinet. The maximum acceptable
dimensions of a ground-mounted cabinet is 30 inches wide by 30 inches
deep by four feet high and must be square in shape. Ground-mounted
equipment on sidewalks must not interfere with the flow of pedestrian
traffic and must conform to the American's with Disabilities Act (ADA)[1] in regards to appropriate sidewalk spacing. Ground-mounted
equipment must otherwise be screened from surrounding views to the
fullest extent possible through the use of landscaping or other decorative
features to the satisfaction of the Village. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls, enclosures or other
stealth technology to the satisfaction of the Village.
Any graffiti on any small wireless facility support structure
or any accessory equipment shall be removed within 30 days upon notification
by the Village, at the sole expense of the owner.
Accessory equipment attached to a small wireless facility support
structure shall have such vertical clearance as the Planning Commission
may determine is reasonable.
Access to any aboveground or below-ground infrastructure for
traffic control, streetlight or public transportation, including without
limitation any curb control sign, parking meter, vehicular traffic
sign or signal, pedestrian traffic sign or signal;
Access to any doors, gates, sidewalk doors, passage doors, stoops
or other ingress and egress points to any building appurtenant to
the right-of-way; and/or
All applications for a non-small wireless facility permit shall
comply with the applicable provisions of this section. However, notwithstanding
anything to the contrary, where appropriate, the Planning Commission
shall have the authority to waive any application or substantive requirements
set forth in this section relating to an application for, or approval
of, a special permit, unless otherwise set forth herein.
An application for approval of a non-small wireless facility
special permit shall be submitted on the pertinent forms provided
for that purpose by the Village and shall be jointly filed by the
operator of the non-small wireless facility and the owner of the property
on which such facility is proposed to be located. The application
and documents accompanying the application shall also be submitted
in an electronic file format.
The applicant shall provide documentation to verify it has a
legal interest in the site where the non-small wireless facility is
to be located. Said documentation may be in the form of a deed, contract
for sale or lease of the property, depending on whether the applicant
is the property owner, contract vendee or lessee.
The applicant shall submit a site plan describing any new proposed
structure and antenna and all related fixtures, accessory equipment,
appurtenances and apparatus, including, but not limited to, height
above preexisting grade, materials, color and lighting.
An application for a non-small wireless facility permit shall
be signed on behalf of the applicant by the person preparing the same
and with knowledge of the contents and representations made therein
and attesting to the truth and completeness of the information. The
landowner, if different than the applicant, shall also sign the application.
At the discretion of the Planning Commission, any false statement
in the application may subject the applicant to denial of the application.
If proposing a new structure for the purpose of supporting a
non-small wireless facility, the application shall be accompanied
by a map which shows the applicant's existing and proposed area of
coverage. Such map shall locate all existing wireless telecommunications
facility sites, including small wireless facilities and non-small
wireless facilities, within 1/2 mile of the proposed non-small wireless
facility.
In addition to all other required information as stated in this
section, all applications for the construction or installation of
new non-small wireless facilities, or any substantial change to an
existing non-small wireless facility, shall contain the following
information:
A descriptive statement of the objective(s) for the new facility
or modification, including and expanding on a need such as coverage
and/or capacity requirements, densifying a wireless network, introducing
new services or improving service capabilities;
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
The size of the property, stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines, if the proposed non-small
wireless facility is located outside the public right-of-way;
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed non-small wireless facility
is located outside the public right-of-way.
Identify and disclose the number and locations of any wireless
telecommunication facility the applicant has installed in the Village
or locations the applicant has considered in the past year for wireless
telecommunication facilities in the Village, including small wireless
facilities and non-small wireless facilities, and those sites submitted
or anticipated to be submitted within a one-year period;
A description of the anticipated maintenance needs, including
frequency of service, personnel needs and equipment needs, and the
potential traffic safety and noise impact of such maintenance;
The applicant shall furnish written certification that the non-small
wireless facility, structure, foundation, attachments and accessory
equipment are designed and will be constructed to meet all local,
county, state and federal structural requirements for loads, including
wind and ice loads. If the wireless facility is subsequently approved
and constructed, as-built certification indicating that the facility
has been constructed in accordance with all standards shall be furnished
to the Village prior to issuance of any certificate of occupancy;
and
A proposed non-small wireless facility shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies as
directed by the Planning Commission, where appropriate, and will thereby
have the least-adverse visual effect on the environment, the character
of the community, surrounding properties and on the residences in
the area of the wireless telecommunications facility.
Each applicant for a special permit under this article shall
prepare a full environmental assessment form (EAF), including a visual
addendum, assessing the visual impact of the proposed wireless telecommunications
facility and provide appropriate modeling, photographic simulations
and such other analytical tools as the Planning Commission in its
discretion may require. The Planning Commission may, in its discretion,
select the viewpoints for photo simulations and require an applicant
perform a "balloon test" for a new wireless facility and may require
alternative stealth technologies be employed to address aesthetic
impacts.
As a condition of special permit approval, the applicant shall
be required to provide a written agreement, in recordable form suitable
for filing and prepared to the satisfaction of Village Counsel, acknowledging
that it shall be required to allow the co-location of other future
non-small wireless facilities on its own facility unless otherwise
unreasonably limited by technological, structural or other engineering
considerations.
Where Co-location of a wireless telecommunications facility
is proposed, the added wireless telecommunications facility shall
be permitted as an amendment to the existing site plan or special
use permit for the site containing such facility by submission of
an application for a building permit and without the need for an application
for an amended site plan or special permit approval, provided that
such facility meets all of the otherwise applicable requirements of
this chapter and no physical modification other than the attachment
of the antennas and the installation of associated equipment to be
located on the ground is required. An amended written narrative and
certification report indicating conformance with all of the pertinent
requirements of this chapter shall be provided in addition to all
required information in support of the required building permit. An
as-built drawing of the modified facility shall be filed with the
Village Building Department as a condition of the continued validity
of such building permit. The Village Building Department shall provide
written notification to the Planning Commission of the submission
of the application for building permit upon its receipt.
The special permit may be granted by the Planning Commission in accordance with the procedure set forth in § 185-56, which includes the conduct of a public hearing.
All decisions of the Planning Commission involving applications
for a small wireless facility permit shall be in writing and supported
by substantial evidence contained in a written record.
No application shall be accepted and no special permit shall
be issued for a non-small wireless facility on a property where the
Building Inspector has found, or there exists, a violation of the
Village Code and where such violation has not been corrected.
Within 30 calendar days of receipt of any application for a
non-small wireless facility, the Village shall notify the applicant,
in writing, of any supplemental information required to complete the
application. Such notification shall toll the applicable shot clock
until the applicant submits the required supplemental information.
Within 90 calendar days of receipt of an application for a co-located
non-small wireless facility or 150 days of receipt of an application
for a new non-small wireless facility with accompanying support structure,
including such technical information from the applicant as may be
required by the Planning Commission for a special use permit under
the provisions of this section, the Village shall make a final decision
on whether to approve the application and shall notify the applicant,
in writing, of such decision.
A non-small wireless facility shall be designed, constructed,
operated, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety-related codes,
including, but not limited to, the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, and National Electrical
Code.
A non-small wireless facility 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.
A non-small wireless facility shall not interfere with public
safety communications or the reception of broadband, television, radio
or other communications services enjoyed by occupants of nearby properties.
A non-small wireless facility shall not, by itself or in conjunction
with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of
the FCC. When a non-small wireless facility is complete, as-built
readings shall be taken and submitted to the Village.
The owner and/or user of the small wireless, after construction
thereof, shall annually submit a report to the Village Engineer prepared
by a qualified professional engineer or engineers.
Such report shall provide an analysis of the nonionizing
electrical radiation emitted by the facility and shall be accompanied
by sufficient underlying data so that the analysis can be reviewed
for accuracy and completeness by a person expert in the field, at
the owner's expense.
If the owner and/or user demonstrate that an acceptable
comparable report is routinely made to another agency in satisfactory
intervals, the approving authority may authorize the submission of
such comparable report to the Village Engineer in lieu of the annual
report required above. In the event that the report is not submitted
as required, the Village may, in its discretion, obtain its own report
at the owner's expense.
If the owner fails to pay for the report within
30 days after a demand has been made by the Village, the cost shall
constitute a lien against the property involved and may be levied,
assessed and collected in the same manner as Village taxes.
Setbacks. Non-small wireless facilities, except those mounted
to an existing building or structure, shall be set back not less than
two times the setback requirements for principal structures for the
district in which the property is located, or the height of the facility
plus the otherwise applicable setback requirements for a principal
structure for the district in which the property is located, whichever
is greater. All antennas mounted on a roof shall be located so that
visibility of the antenna is limited to the greatest extent practicable,
consistent with the need to transmit an unobstructed signal. Antennas
wall-mounted on a roof-mount mechanical enclosure or similar appurtenance
shall not exceed the height of the appurtenance by more than 15 feet.
Height limitations. Notwithstanding the following height limitations,
in no case shall a non-small wireless facility exceed the minimum
height reasonably necessary to provide reliable signal coverage.
The height of any antenna, or other associated
equipment, structurally mounted as part of a wireless telecommunications
facility shall not exceed the highest point of the existing structure
on which such antennas or equipment are affixed by more than 15 feet.
The height of any monopole or tower utilized in
connection with providing wireless telecommunications services shall
not exceed 150 feet in height measured from the highest point of such
facility, including any appurtenances, to the finished grade immediately
surrounding the structure.
Materials. All visible components of a non-small wireless facility
shall be colored and finished as appropriate for the proposed location
of such facility in the reasonable judgment of the Planning Commission.
The mountings of wireless telecommunications antennas shall be nonreflective
and colored to blend with the background.
Lighting. The non-small wireless facility shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration
or other federal, state or local authority. Security and safety lighting
on all ground equipment shall be low glare and activated by motion
sensor.
Noise. Noise-producing equipment shall be sited and/or insulated
to prevent any unreasonable, unreasonably loud, disturbing or unnecessary
noise above ambient levels as measured at the property line. This
noise limitation shall not apply to noise associated with a generator
operated to supply power on a temporary, emergency basis, provided
the wireless telecommunications facility is located in a nonresidential
district and does not abut a residential district.
Operational characteristics. Unless otherwise superseded by
the Federal Communications Commission (FCC), the design and use of
the proposed wireless telecommunications facility, including its cumulative
impact with other existing and approved facilities, shall be certified
to conform with the maximum NIER exposure standards promulgated by
the FCC. Said certification shall include a report by a licensed professional
electrical engineer with expertise in radio communication facilities
and/or health physicist acceptable to the Planning Commission. A copy
of such certification report shall be submitted to the Planning Commission
prior to commencing operation of any facility and a copy shall be
filed with the Building Inspector. Except as otherwise provided by
law, the Planning Commission may require annual certification of conformance
with the applicable emission standards. Additionally, copies of certification
reports shall be submitted to the Planning Commission whenever they
are required to be submitted to the FCC. The Planning Commission may
hire a qualified professional of its choosing to review and confirm
such initial and subsequent certification report(s), the cost of which
shall be reimbursed by the applicant in accordance with the escrow
account procedures established for the reimbursement of professional
review fees for subdivision, site plan and special permit applications
as set forth in the Master Fee Schedule as same may be amended. Any
violation of the emissions standards shall require immediate discontinuation
and correction of the use responsible for the violation.
Safety provisions. Every wireless telecommunications facility shall be designed, erected and maintained so that in the event of structural failure, the facility or any component or appurtenance will fall within the required setback area and, to the maximum extent possible, away from adjacent development. Every tower or monopole over 50 feet shall have a break point to ensure the fall zone is minimized to the extent practicable in the event of structural failure. All connections, fasteners, joints and attachments shall be affixed in accordance with prevailing industry standards. Where the Building Inspector has reasonable cause to believe a condition exists which may threaten the environment or human health or safety, he may require an inspection and analysis of the condition be performed by a licensed professional engineer on five days' notice at the expense of the facility owner. A written copy of the inspection and analysis shall be submitted to the Building Inspector within five days of a written request. Whenever the Building Inspector requires a safety report pursuant to this subsection, the facility owner shall establish an escrow pursuant to Chapter 91, Article III of this Code, to fund an independent review of the analysis and findings submitted.
Security provisions. Each wireless telecommunications facility
shall be constructed so as to prevent unauthorized tampering and vandalism.
Security shall include, but not be limited to, fencing, anticlimbing
devices, locks on all cabinets, elevated ladders on monopoles and
towers and/or monitoring by staff or electronic surveillance devices.
Where a wireless facility is enclosed by fencing, the facility owner
shall install a Knox-Box® to allow for emergency access in accordance with § 185-56F(1).
The applicant shall prepare a visual impact assessment of the
proposed non-small wireless facility based upon appropriate modeling,
photography and other pertinent analytical techniques, taking into
account worst case seasonal conditions.
Landscaping and/or other screening, including but not limited
to architectural treatment, stealth design, use of neutral or compatible
coloring and materials, or alternative technologies, shall be required
to minimize the visual impact of such facility from public thoroughfares,
important viewsheds and vantage points and surrounding properties
to the maximum extent practicable.
In determining the most appropriate landscaping
to be provided, the approving authority shall consider the visual
impact of the wireless telecommunications facility or attached wireless
telecommunications facility in its setting with regard to immediate
proximity of observers and the sight lines from major viewing points.
The area surrounding the wireless telecommunications facility or attached
wireless telecommunications facility shall be landscaped and maintained
with trees, shrubs and ground cover consistent with the surrounding
community character and satisfactory to the approving authority.
When a fence is required, the outside of such fencing
shall be landscaped with trees, shrubs or other appropriate planting
material satisfactory to the approving authority.
An existing natural vegetative buffer which meets
or exceeds the above requirements may be retained to meet the landscape
requirements set forth above.
A non-small wireless facility shall be sited so as to have the
least adverse visual effect on the environment and its character,
on existing vegetation and on the residents in the area of the wireless
telecommunication services facility.
All equipment enclosures and storage buildings associated with
the wireless telecommunication facility shall be consistent or compatible
with adjacent buildings in terms of design, materials and colors and
shall be appropriately landscaped.
Regulations applicable to non-small wireless facilities in the public
right-of-way. In addition to the applicable special permit provisions
and requirements listed in this section, all non-small wireless facilities
located in the public right-of-way shall be required to comply with
the following regulations:
A non-small wireless facility in the public right-of-way shall
be co-located on an existing wireless telecommunications facility
whenever possible. If co-location is not technologically feasible,
the applicant shall locate its non-small wireless facility on existing
utility poles, monopoles or other structures that do not already act
as wireless telecommunications facility support structures.
Antennas and accessory equipment shall be treated to match the
supporting structure and may be required to be painted or otherwise
coated to be visually compatible with the support structure upon which
they are mounted.
A non-small wireless facility, which includes wireless telecommunications
support structures and accessory equipment in the public right-of-way,
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the right-of-way as determined by the Village.
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground is permitted when placed in conjunction with a new stealth
pole and concealed in a ground-mounted cabinet. The maximum acceptable
dimensions of ground-mounted cabinet is 30 inches wide by 30 inches
deep by four feet high and must be square in shape. Ground-mounted
equipment on sidewalks must not interfere with the flow of pedestrian
traffic and must conform to the American's with Disabilities Act (ADA)[2] in regards to appropriate sidewalk spacing. Ground-mounted
equipment must otherwise be screened from surrounding views to the
fullest extent possible through the use of landscaping or other decorative
features to the satisfaction of the Village. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls, enclosures or other
stealth technology to the satisfaction of the Village.
Any graffiti on any non-small wireless facility support structure,
base station or any accessory equipment shall be removed within 30
days upon notification by the Village, at the sole expense of the
owner.
Accessory equipment attached to a non-small wireless facility
support structure shall have such vertical clearance as the Planning
Commission may determine.
Proof of insurance. The applicant and the owner of the property where
the wireless telecommunications facility is to be located, if different,
shall provide the Planning Commission with proof of insurance in a
sufficient dollar amount in the reasonable judgment of the Planning
Commission to cover potential personal and property damage associated
with construction and operation of such facility.
If any wireless telecommunications facility is constructed,
repaired, rebuilt, placed, moved, relocated, modified or maintained
in a way that is inconsistent or not in compliance with the provisions
of this section or of its permit conditions and requirements, or it
is determined conclusively that the applicant made materially false
statements during the application process, then the Building Inspector
or his or her designee shall notify the holder of the permit, in writing,
of such violation. Such notice shall specify the nature of the violation
or noncompliance, and the violations must be corrected within seven
days of the date of the postmark of the notice or of the date of personal
service of the notice, whichever is earlier. Notwithstanding anything
to the contrary in this section or any other provision of this section,
if the violation or noncompliance causes, creates or presents an imminent
danger or threat to the health or safety of lives or property, the
Building Inspector may, at their sole discretion, order the violation
remedied within 24 hours.
If the wireless telecommunication facility is not brought into
compliance with the provisions of this section, or of the permit,
or substantial steps are not taken in order to bring the affected
wireless telecommunications facility into compliance, then the Building
Inspector may revoke such permit and require removal of such wireless
telecommunication facility.
The Village Building Inspector or Village Planning Commission
may determine that the safety, public welfare, character and environment
of the Village warrant and require the removal of a wireless telecommunications
facility under the following circumstances:
The wireless telecommunications facility has been abandoned
(i.e., not used as a wireless telecommunications facility) for a period
exceeding 90 consecutive days or a total of 180 days in any 365-day
period, except for periods caused by force majeure or acts of God,
in which case repair or removal shall commence within 90 days;
The wireless telecommunications facility has been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required special use permit, building permit, or any other
necessary authorization; or
Any wireless telecommunications facility is determined to be
in violation pursuant to this chapter and fails to cure such violation
within the applicable time period.
If the Building Inspector or Planning Commission makes a determination pursuant to § 185-35.1T(1) that the wireless telecommunications facility must be removed, it shall notify the holder of the wireless telecommunications facility and the owner of the property, in writing, that said wireless telecommunications facility is to be removed.
The holder of the wireless telecommunications facility permit
or the owner of the property shall be required to dismantle and remove
such wireless telecommunications facility and all accessory equipment
and associated structures from the site and return the site to its
original condition and certify through soils or other testing that
no contamination has been created by the facility, such restoration
being completed, limited only by physical or commercial impracticability,
within 90 days of receipt of written notice from the Village to remove
such non-small wireless facility. However, if the owner of the property
upon which the wireless telecommunications facility is located wishes
to retain any access roadway to the wireless telecommunications facility,
the owner may do so with the approval of the Village.
If the wireless telecommunications facility is not removed or
substantial progress has not been made to remove the wireless telecommunications
facility within 90 days after the permit holder has received such
written notice of removal, then the Planning Commission may order
officials or representatives of the Village to remove the wireless
telecommunications facility at the sole expense of the property owner
and/or permit holder.
If the Village removes or causes to be removed the wireless
telecommunications facility, and the owner of the wireless telecommunications
facility does not claim and remove them to a lawful location within
10 days, then the Village may take steps to declare the wireless telecommunications
facility abandoned and dispose of or sell them and their components
and retain the proceeds therefrom. The Village may also cause the
costs associated with the removal and disposal of the wireless telecommunications
facility to be assessed on the property in the same manner as a tax
lien or other assessment.
Each special permit holder for a wireless telecommunications
facility shall post a bond in an amount to be determined by the Village
Engineer, based on actual estimates supplied by the applicant, ensuring
removal of the facility upon expiration or termination of the special
permit, cessation of the facility or in the event a determination
is made that the facility must be removed. Each special permit holder
shall provide the Village written notification whenever any wireless
telecommunication facility is discontinued, terminated or abandoned
by one or more service providers. Such notice shall include an acknowledgment
of the requirement to remove the facility and plans for future use
of the facility. The failure to remove a wireless telecommunications
facility that has been inoperative or abandoned for a period of one
year or more shall be deemed a violation.
Violations. Any violation of this article, the Zoning Law or the conditions of a special permit shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with Article XII of this chapter. The Village may seek enforcement of this article by initiating a civil and/or criminal action. Where the Village seeks to temporarily or preliminarily enjoin a violation of this article, there shall be no need for the Village to demonstrate irreparable injury.