These regulations are not intended to prohibit or have the effect
of prohibiting adequate communication services as set out in the Telecommunications
Act of 1996. The Board of Trustees of the Village of Oyster Bay Cove
determines that it is in the best interests of its residents to set
forth regulations establishing standards for the safe use of the devices
discussed herein under federal and state laws, statutes, rules and
regulations.
The proliferation of the construction and installation of communication
equipment, pole-mounted radio towers, and other similar equipment
and devices must be reasonably regulated in order to protect the health,
safety and welfare of the citizens of the Village of Oyster Bay Cove,
and, to the maximum degree possible, to coordinate and control the
same to preserve and protect the aesthetic qualities and bucolic nature
of the Village of Oyster Bay Cove and its neighbors. The Village recognizes
the demand for wireless communication transmission systems and the
need for the services they provide. This article acknowledges the
requirements of the Federal Telecommunications Act of 1996, as well
as the rights and responsibilities of both communication providers
and local governments under the Act. The intent of this article is
to ensure that any proposed telecommunication facility and/or similar
systems are designed, built and located with sound land use planning
by:
A. Promoting the health, safety and welfare of the residents of the
Village.
B. Minimizing adverse visual effects of towers and/or similar systems
and to protect the natural features, aesthetics and the residential
character of the Village through careful planning, design, location,
buffering and screening. To the greatest extent possible, the footprint
of the tower and any ancillary structure shall be minimized.
C. Avoiding potential damage to adjacent properties from tower failure
or falling debris through reasonable engineering and careful siting
of tower structures.
D. Maximizing use of any proposed tower locations in order to reduce
the number of towers and maximize co-locations of structures for the
purpose of locating multiple services on the same tower.
As used in this article, the following terms shall have the
meaning indicated:
100% CLEAR ZONE
The area where, in the event of a tower failure, the entire
height of the tower would fall completely within the boundaries of
the property in which it is located.
ACCESSORY FACILITY
An accessory facility serves the principal use, is subordinate
in area, extent, and purpose to the principal use and is located on
the same lot as the principal use. An example of such facilities would
include but not be limited to transmission equipment and storage sheds.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals or electromagnetic waves, which includes a
distributed antenna system ("DAS").
CO-LOCATED ANTENNA
Two or more telecommunication facilities, which utilize the
same existing towers, buildings or other structures.
COMMUNICATION TOWER or TOWER
A guyed, monopole or self-supported tower constructed as
a freestanding structure or in connection with a building or other
permanent structure or equipment capable of containing or intended
for the use of one or more antennas for transmitting and/or receiving
radio, television, digital, telephone, cellular, microwave, or other
similar electronic communications.
DISTRIBUTED ANTENNA SYSTEM or DAS
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
EMF
Electromagnetic field.
EPA
United States Environmental Protection Agency.
FAA
Federal Aviation Administration.
FCC
Federal Communication Commission.
GUYED TOWER
A communication tower consisting of a single pole constructed
with guy wires and ground anchors.
NIER
Nonionizing electromagnetic radiation.
PROPAGATION STUDY
A study which demonstrates the existing signal coverage and
the signal coverage resulting from the proposed communication facility.
SELF-SUPPORTED TOWER
A communication tower, other than a monopole, that is constructed
without guy wires and ground anchors.
STEALTH TECHNOLOGY
Technology that minimizes adverse aesthetic and visual impacts
on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location
of such telecommunications facilities, by using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
TELECOMMUNICATION FACILITIES
Communications towers, antenna(s), satellite systems and
accessory structures together used in connection with the provisions
of wireless communication service, personnel communications services,
paging services, radio, television broadcast services and similar
wireless, cellular, and systems similar or the same to the MetroCom
broadcast services.
TOWER
See "communication tower."
VILLAGE
The Incorporated Village of Oyster Bay Cove.
Any current or future lease between the applicant and the owner
of the proposed telecommunication facility site shall be subject to
review by the Planning Board and the Board of Trustees to ascertain
whether it is consistent with this article.
The following tower and antenna application materials are required:
A. Village-supplied Planning Board application.
B. Village-supplied environmental assessment form (EAF).
C. Site plan, prepared in accordance with §
264-4C(3), prepared to scale (no greater than one inch equals 20 feet) and in sufficient detail and accuracy showing, at a minimum:
(1) The exact location of the proposed tower together with guy wires
and guy anchors, if applicable.
(2) The maximum height of the proposed tower or antenna(s); scaled section
required.
(3) Construction drawings and sketches sufficient to allow the Village
Engineer or other Village experts to determine the safety and suitability
of said proposed construction.
(4) The color or colors of the tower and/or antenna(s).
(5) The location, type and intensity of lighting, if any, proposed to
be located on the tower.
(6) Surveyed boundaries of the leased or owned property upon which the
telecommunication facility is located.
(7) Proof of the landowner's consent if the applicant does not or
will not own the property, together with a copy of the lease agreement.
(8) The location of all structures within the 100% clear zone along with
the distance to those structures.
(9) The names and mailing address of all landowners who own land within
1,000 feet of the property.
(10)
The location, nature, and extent of any proposed fencing, landscaping,
screening, and buffering.
(11)
The location and nature of proposed utility easements and access
road(s), if required.
(12)
Building elevations of accessory structures or facilities or
utility service facilities.
D. "Before" and "after" propagation studies prepared by a qualified
radio frequency (RF) engineer demonstrating existing signal coverage,
contrasted with the proposed signal coverage resulting from the proposed
telecommunication facility. The applicant shall provide a professional
resume for the above-referenced RF engineer.
E. Evidence of compliance with FCC regulations, NIER levels, and EMF
standards.
F. Proposed parking, paving, and lighting and location of same at the
premises upon which the tower is located. All utilities at the site
shall be installed underground wherever possible and in compliance
with all laws, rules and regulations of the Village.
G. A search ring prepared by a qualified RF engineer and overlaid on
an appropriate background map demonstrating the area within which
the antenna needs to be located in order to provide proper signal
strength and coverage to the target cell. The applicant must be prepared
to explain to the Planning Board why it selected the proposed site,
discuss the availability or lack of availability of suitable existing
structure(s) within the search ring, which would have allowed for
co-located antenna(s) elsewhere.
H. Affidavit from the applicant identifying specific attempts to place
a co-located antenna(s) within the search area and that such efforts
were entirely unsuccessful.
I. A line of sight or visual impact study, as follows:
(1) Drawings, photographs or computer-generated graphic representation(s)
of the views from 1,000 feet away from the north, south, east, and
west of all natural and man-made features and structures within those
views, including the proposed tower and other improvements.
(2) A statement as to the potential visual and aesthetic impacts of the
proposed telecommunication tower on all adjacent properties including
comment on decreased property values.
(3) The visual impact analysis shall be prepared and sealed by an engineer
or architect registered in New York State.
J. An engineer's statement or statements from appropriate governmental
agencies that the proposed telecommunication facility will have no
adverse impact on air or surface traffic within 1/2 mile of the tower.
In addition to all conditions specified herein, the applicant shall
meet all requirements imposed for similar proposed construction within
the unincorporated areas of the Town of Oyster Bay.
K. An engineer's certified statement that:
(1) The reception and/or transmission function of the telecommunication
facility will not interfere with the usual and customary transmission
or reception of radio, television, etc., services of adjacent properties;
(2) The telecommunication facility being proposed is utilizing the most
current and up-to-date technology in the industry and will provide
the least visual and aesthetic impact on the surrounding community;
and
(3) That if technology develops so as to significantly reduce the size
or visual impact of any existing telecommunications facilities that
were previously approved by the Village and/or to improve the aesthetics
of existing approved structures, the applicant must notify the Village
in writing of same.
L. Such other additional information, studies, alternative sites and
assessments as may be required by the Planning Board and/or the Board
of Trustees to fully review and evaluate the potential impact and
location of the proposed tower or antenna.
The communication tower, antenna(s), support system, and surrounding
ground area shall be kept in good order, repair, and condition. It
shall be the affirmative duty of the applicant, its successor, assignee,
grantee, or transferee to make all repairs and maintenance necessary
to make the telecommunication facilities and surrounding grounds safe,
secure, and visually compliant with the Village ordinances and Planning
Board's conditions and terms of approval.
The following telecommunications facilities are permitted in
any district, without requirement for compliance with the other provisions
of this article:
A. Fire, police and other emergency dispatch services where telecommunications
facilities are less than 50 feet above the ground, if originating
from the ground, or less than 25 feet above the average roofline,
if originating from the roof of a building.
B. Nonbusiness television or radio reception, private citizen's
band, amateur radio and other similar communications systems utilizing
a tower and antenna, which do not exceed 50 feet above the ground,
or originating from the ground, or which do not exceed 25 feet above
the average roofline, if originating from the roof of a building.
For the purposes of this subsection, "nonbusiness" means a use for
which money, property or anything else of value is not charged, earned
or received by the owner, operator, lessee or other person(s) in control
of the telecommunications facility or the property on which it is
located.
C. A telecommunications facility located on property owned or leased
by the Village of Oyster Bay Cove, and which is located on such property
and operated pursuant to a written lease or license agreement with
the Village of Oyster Bay Cove authorized by the Board of Trustees.
D. Any minor repair, as to be determined by the Building Inspector,
and maintenance of a telecommunication facility does not require an
application for a special use permit.
Any applicant desiring relief, waiver, or exemption from any
aspect or requirement of this article may request such, provided that
the relief or exemption is contained in the submitted application
for either a special use permit or, in the case of an existing or
previously granted special use permit, a request for modification
of applicant's existing tower and/or facility. Such relief may
be temporary, permanent, partial, or complete. The applicant bears
the burden of proving the reasonable need for any such requested relief,
waiver, or exemption. No such relief, waiver, or exemption shall be
approved unless the applicant demonstrates by clear and convincing
evidence that, if granted, the relief, waiver, or exemption will have
no significant effect on the safety and welfare of the Village, its
residents, and other service providers. The applicant shall bear all
costs of the Village in considering the request, waiver, exemption,
or other relief.