For purposes of this chapter, and where not inconsistent with
the context of a particular section, the defined terms, phrases, words,
abbreviations, and their derivations shall have the meanings given
in this section. When not inconsistent with the context, words in
the present tense include the future tense, words used in the plural
include words in the singular number, and words in the singular number
include the plural number. The word "shall" is always mandatory, and
not merely directory.
ABANDONED
Any telecommunications facility which has not been operational
for a period of six consecutive months.
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lots as the wireless telecommunications facilities,
including, but not limited to, utility or transmission equipment storage
sheds or cabinets or emergency back-up power generators.
AESTHETICS
Outward appearance: the way something looks, especially when
considered in terms of style, color, texture, finish, and material;
including but not limited to towers, poles or other support structures,
antennas, antenna mounts and cabling, equipment shelters, ancillary
support equipment such as meters and radio shrouds, generators or
battery backup, fencing, and landscaping. Aesthetic standards and
samples of wireless facility aesthetic designs that are preferred
in the Village of Lake Success will be kept on file with the Village
Building Department in electronic format.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
LTE, 4G, 5G, paging, personal telecommunications services (PCS), microwave
telecommunications and services not licensed by the FCC, but not expressly
exempt from the Village's siting, building and permitting authority.
ANTENNA ARRAY
A set or group of antennas associated with a single wireless
telecommunications facility (e.g., a group of panel antennas located
at the same height on a tower structure for use by a particular carrier
of telecommunications wireless services).
APPLICANT
Any person submitting an application to the Village of Lake
Success for a special use permit and/or building permit for wireless
telecommunications facilities.
APPLICATION
All the necessary and appropriate documentation that an applicant
is required to submit for consideration of a special use permit and/or
a building permit for wireless telecommunications facilities as specifically
set forth in this chapter.
BOARD
The Board of Trustees of the Incorporated Village of Lake
Success.
CAMOUFLAGED FACILITY
A wireless telecommunications facility in which antennas
and other equipment is disguised or shielded from views by use of
colors and textures that blend with the environment, or is placed
within or behind an enclosure, cover, or screening wall or otherwise
hidden by surrounding vegetation, such that it is essentially screened
from public views and adequately disguised as part of a building or
other structure Aesthetic standards and samples of preferred wireless
facility aesthetic designs, including camouflaging, will be kept on
file with the Village Building Department. Camouflaging also pertains
to the stealth tree monopole configuration, in terms of pole color/texture;
branch style, taper, and density.
CO-LOCATION
The use of a wireless telecommunications facility that accommodates
two or more wireless facilities, or the use of a non-telecommunications
facility structure that supports one or more facilities for wireless
services by two or more carriers.
COMPLETED APPLICATION
An application that contains all the information and/or data
required by this chapter necessary to enable an informed decision
to be made with respect to an application.
DISTRIBUTED ANTENNA SYSTEM (DAS)/DAS NODE
A wireless technology consisting of a network of antenna
nodes, typically affixed to existing utility poles or other low-elevation
structures and installed lower to the ground than conventional panel
antennas on telecommunications towers and supporting equipment to
provide wireless services within a specific geographic area. DAS has
sometimes been used to provide wireless services for more than one
provider. A single DAS installation (e.g., one antenna and supporting
equipment on a given utility pole or other structure) is referred
to as a DAS node.
ENGINEER
Any person licensed by the State of New York to practice
engineering services.
EQUIPMENT
Computers, batteries, generators, transmission equipment,
cabinets, etc., which are utilized to power and/or operate a wireless
telecommunications facility.
FACILITY
See definition for "wireless telecommunications facilities."
FALL ZONE
The area on the ground within a prescribed radius from the
base of a wireless telecommunications facility, tower, or small cell
or DAS node. The fall zone is the area within which there is a potential
hazard from falling debris (such as ice) or collapsing material (such
as the support structure itself). For new towers, a hinge-point is
at times incorporated into the design to reduce the structure's
potential area of collapse in the case of a catastrophic failure.
FREESTANDING TOWER
A tower that is not supported by guy wires and ground anchors
or other means of attached or external support.
GUYED TOWER
A tower that is tied to the ground or other surface by diagonal
cables.
HEIGHT
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point, even if said
highest point is an antenna, lightning rod or camouflaged element.
LATTICE TOWER
A self-supporting structure constructed of vertical metal
struts and cross braces forming a triangular or square structure which
often tapers from the foundation to the top.
MODIFICATION, MAJOR
Modification or upgrade to an existing wireless telecommunications
facility that substantially changes (see definition) the physical
dimensions or visual impact of any aspect of the facility, as determined
by the Village Board and/or Building Inspector. Major modifications
may include, but are not necessarily limited to, replacement of existing
antennas with new models resulting in an increase to the number and/or
height of the existing antennas in the array or on a utility pole;
an increase of the overall tower height by more than 10% of the originally
approved and/or constructed tower or support structure height (whichever
is less); or an increase to the dimensions of the existing ground-based,
rooftop, pole-mounted, or other equipment area (as determined by existing
perimeter fencing, existing heights of equipment shelters, aggregate
volume of utility-pole-mounted equipment, or other criteria) or proposed
lighting or beacon where one does not currently exist.
MODIFICATION, MINOR
Modification or upgrade to an existing wireless telecommunications
facility that does not substantially change (see definition) the physical
dimensions or visual impact of any aspect of the facility, as determined
by the Building Inspector or Village Board (i.e., other than a major
modification). Minor modifications may include, but are not necessarily
limited to, replacement of existing antennas with new models that
results in equal or lesser number and/or equal or lesser height of
the existing antennas in the array or on the utility pole; no increase
to the overall tower or support structure height (or an increase in
tower/support structure height of less than 10% of the originally
approved and/or constructed height (whichever is less); or no changes
to the existing dimensions of the ground-based, rooftop, pole-mounted,
or other equipment area (as determined by existing perimeter fencing,
existing heights of equipment shelters, aggregate volume of utility-pole-mounted
equipment or other criteria). For modifications to permitted rooftop
or other structure (non-tower, non-small cell) facilities, the height
shall not be increased above five feet of the existing facility's
tallest element.
MONOPOLE
A streamlined, self-supporting pole structure constructed
of wood, steel or concrete with below-grade foundations and with no
exterior guy cables or anchors.
MOUNT
The structure or surface upon which antennas and ancillary
equipment are mounted and likely to be visible to the general public,
including but not limited to the following four types of mounts:
C.
STRUCTURE-MOUNTEDMounted on a telecommunications tower structure or structure other than a building, such as a utility pole. This may include an antenna array frame system, antennas mounted flush to the structure surface for tower systems, and small cells.
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.
RADIO FREQUENCY (RF) TECHNICAL EXPERT
A certified or licensed radio frequency (RF) engineer specializing
in electrical or microwave engineering, specifically the study of
radio frequencies.
REPEATER
A small receiver/relay transmitter designed to provide service
to areas that are not able to receive adequate coverage directly from
a primary sending and receiving site in a wireless communication network.
SENSITIVE RECEPTOR
A place/land use (e.g., historic property, scenic overlook,
wetland) that may have an increased sensitivity to views or noise
generated by a wireless telecommunications facility.
SEPARATION
The distance between one carrier's antenna or array
of antennas and another carrier's antenna or array of antennas.
SETBACK
The distance in feet between a structure or element of a
wireless telecommunications facility (e.g., tower, equipment shelter,
ground-based compound fencing) and a property line, right-of-way (ROW)
boundary, or an identified physical feature such as a structure on
the property or a natural feature such as a watercourse or regulated
wetland.
SMALL CELLS/SMALL CELL NODE
Low-powered wireless antennas and base stations that function
like cells in a mobile wireless network, typically covering localized
outdoor areas such as traffic and transit corridors, commercial or
shopping districts, and other places of congregation, and in areas
where additional network coverage and capacity may be required to
supplement existing wireless service. Small cell antennas and supporting
equipment are typically affixed to new or existing utility poles or
other structures and installed lower to the ground than conventional
panel antennas on telecommunications towers to provide wireless services
within a specific geographic area. Small cells are typically used
to provide wireless services for one provider. A single small cell
installation (e.g., one antenna and supporting equipment on a given
utility pole or other structure, with a maximum height from the grade
to the highest element of no greater than 50 feet) is referred to
as a "node." Any new support structures for a small cell will be 50
feet or less in height above ground level.
SPECIAL USE PERMIT
The official document or permit issued by the Board pursuant
to which an applicant is permitted to construct, maintain, and use
a wireless telecommunications facility as granted or issued pursuant
to this chapter. The Board is hereby authorized to review and approve,
approve with modifications, or disapprove special use permit applications
and site plans consistent with Village Law §§ 7-725-a
and 7-725-b.
STATE
The State of New York.
STEALTH OR STEALTH TECHNOLOGY
A method of installing and/or constructing wireless telecommunications
facilities with designs that conceal or disguise their presence (see
"camouflaged facility" definition). This may include but is not limited
to the use of color-matching, antenna concealment systems for small
cells and rooftop proposals, screening walls, artificial tree limbs
for new telecommunications towers, landscaping around ground-based
equipment areas, and installing ancillary equipment underground.
STRUCTURE
A pole, tower, ground-based equipment, 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).
SUBSTANIAL CHANGE
An increase in the size of an existing telecommunications
tower; other structure such as a rooftop, water tank, or utility pole
that accommodates a permitted antenna facility; or ground-based equipment
consisting of one or more of the following unless otherwise required
by law:
A.
Height/antenna placement.
(1)
The mounting of antennas on a tower greater than 50 feet tall
or structure that would:
(a)
Increase structure height by more than 10% of the tower height
or antenna height originally approved or constructed (whichever is
less); or
(b)
The mounting of one additional antenna array with vertical separation
from the nearest existing antenna of up to 20 feet, if resulting tower
or structure height is increased by more than 10% of the height originally
approved or constructed.
(2)
The mounting of the proposed antenna may exceed the size limits set forth in this Subsection
A if necessary, to avoid interference with existing antennas. For modifications to permitted DAS or small cell sites, the pole shall not be increased above 50 feet in height, and the aggregate volume of all antennas and ancillary equipment shall be a maximum of 40 cubic feet at any node. For modifications to permitted rooftop or other structure (non-tower, non-small cell) facilities, the height shall not be increased above five feet of the facility's tallest element;
B.
Ground-based and ancillary equipment: the installation of additional
equipment cabinets or shelters that would increase the overall dimension
of the existing ground-based compound, rooftop, or other equipment
compound by more than 10% of the existing. This is including but not
limited to the perimeter of existing security fencing or the height
of the tallest existing element (e.g., top of ice bridge or shelter)
as measured from surrounding grade or other markers. New equipment
proposed at a small cell site that exceeds the aggregate volume noted
above may be proposed to be placed below grade;
C.
Ground-based equipment: the excavation outside the current tower
or other structure site, defined as the current boundaries of the
leased or owned property surrounding the tower and any access or utility
easements currently related to the site. For small cell sites, no
equipment shall be installed at grade;
D.
Ancillary equipment: the installation of new or additional generators,
resulting in increases to noise at the property line by more than
conditions stipulated in the Village code;
E.
Lighting: the installation of new FAA- or FCC-required or other
lighting on the tower structure, or an increase in ground-based, rooftop,
or other lighting that increases impacts by more than 10% from permitted
conditions. Strobe or flashing lighting will not be permitted without
documentation of FAA or other applicable requirements; or
F.
The addition of an appurtenance to the body of the tower or structure that would protrude horizontally from the edge of the existing support structure by three feet or more than the distance that existing appurtenances protrude from the edge of the existing support structure, except that the mounting of the proposed antenna may exceed the size limits set forth in this Subsection
F if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data, and
other information by wire, radio, frequency, light, and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS SITE
A.
See definition for "wireless telecommunications facilities."
B.
A structure used in providing the services described in the
definition of "wireless telecommunications facilities."
TEMPORARY
Temporary in relation to all aspects and components of this
chapter, something intended to, or that does, exist for less than
180 days.
VILLAGE
The Incorporated Village of Lake Success.
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS
TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY
An existing, replacement, or new structure, facility, or
location designed or intended to be used as, or used to support, antennas
and ancillary or accessory equipment. It includes, without limit,
freestanding towers, lattice towers, guyed towers, monopoles, and
similar structures that employ camouflage technology, including, but
not limited to, structures such as a multistory building, church steeple,
silo, water tower, sign, utility poles, or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It is a structure intended for transmitting and/or
receiving radio, television, cellular, paging, personal telecommunications
services (including 4G-, LTE- and 5G-licensed frequencies), emergency
services, or microwave telecommunications, but excluding those used
exclusively for Village fire, police and other dispatch telecommunications,
or exclusively for private radio and private citizen's bands,
amateur radio and other similar telecommunications.
WIRELESS TRANSMITTER
For purposes of this chapter, wireless transmitters are broadly
defined as any and all equipment, such as antennas, receivers, repeaters,
and meters, installed on a utility pole or other structure for purposes
of communications or data transmission. These include equipment utilized
by wireless carriers/service providers, public utility companies,
and other entities to render services to customers or provide communication/data
transfers among its personnel in accordance with all applicable licenses
and permits to operate such systems. Wireless transmitters located
in the ROWs shall be subject to the requirements of this chapter.
No person shall build, erect, or construct a wireless telecommunications facility upon any parcel of land within any zoning district within the Village unless a special use permit or building permit shall have been issued in accordance with this Chapter
85. The Village Board of Trustees is hereby authorized to review special use permit applications submitted pursuant to this section as set forth herein. The Building Inspector is hereby authorized to review building permit applications submitted pursuant to this section as set forth herein.
A. All applicants for a special use permit or building permit for wireless
telecommunications facilities or any modification (major or minor)
of such facility shall comply with the requirements set forth in this
section. Applications for a special use permit for wireless telecommunications
facilities shall be made to the Village Board of Trustees. Applications
for a building permit for wireless telecommunications facilities shall
be made to the Building Inspector. Said board or Building Inspector
is the officially designated agency that is authorized to review,
analyze, evaluate and make decisions with respect to granting or not
granting, recertifying or not recertifying, or revoking special use
or building permits for wireless telecommunications facilities. The
Village may, at its discretion, delegate or designate other official
agencies of the Village to accept, review, analyze, evaluate and make
recommendations to the Board or Building Inspector with respect to
the granting or not granting, recertifying or not recertifying or
revoking special use permits for wireless telecommunications facilities.
B. An applicant shall submit to the Village the number of completed
applications determined to be needed. The applicant may elect to schedule
a preapplication meeting to discuss the proposed facility and solicit
feedback from the Village Board and AAB prior to submitting the full
application.
C. An application for a special use or building permit for wireless
telecommunications facilities 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, or ROW entity/pole owner, if different
from the applicant, shall also sign the application. At the discretion
of the Board or Building Inspector, any false or misleading statement
in the application may subject the applicant to denial of the application
without further consideration or opportunity for correction.
D. Applications not meeting the requirements stated herein, or which
are otherwise incomplete, may be rejected by the Board or Building
Inspector.
E. The applicant shall include with the application a written certification:
(1) That the applicant's proposed wireless telecommunications facilities
will be maintained in a safe manner, and in compliance with all conditions
of the special use or building permit, without exception, as well
as with all applicable and permissible local codes, ordinances, and
regulations, including any and all applicable Village, state and federal
laws, rules and regulations.
(2) That the applicant is authorized to do business in the State of New
York.
(3) That the facility will be completed and will provide service within
180 days of the date of the grant of the special use permit.
(4) There is nothing in the agreement between the applicant and property
owner/ROW owner that would limit or preclude the ability of the applicant
to share any new telecommunications tower or support structure that
it constructs.
F. DAS, small cell nodes and wireless transmitters shall require a special
use permit unless the proposal is in accordance with the co-location
and minor modification definitions of the code, as determined by the
Village Board. For all proposed small cell/DAS nodes, the aggregate
volume of the antenna at each node, including antenna enclosure and
mount, will not exceed three cubic feet. The aggregate volume of all
other visible equipment, including but not limited to meter boxes,
radio shrouds, and conduits affixed to the utility pole, will not
exceed 28 cubic feet at each node. The maximum height (measured from
surrounding grade to top of the highest proposed element) shall not
exceed 50 feet for small cells, except as otherwise permitted by the
Village Board based on a review of supporting technical information
(e.g., height of an existing utility pole or structure on which small
cell equipment is proposed is greater than 50 feet). The minimum height
of any pole-mounted equipment shall not be less than eight feet above
surrounding grade. No at-grade equipment shall be permitted at small
cells or DAS nodes.
G. The Village Board shall be empowered to request supporting information on agreements between the applicant and pole owner (structural analysis, communication zone where small cell equipment is allowed); information on the FCC-licensed provider(s) of wireless services utilizing DAS and small cells, including coverage and/or capacity need documentation; and technical information and samples of specifications, cut sheets, aggregate equipment volumes, heights of mounted equipment, and color/texture options for such DAS and small cell antennas and ancillary equipment, and to condition the issuance of a special use permit upon implementation of stealth installation or other measures which mitigate visual effects to the maximum extent possible. No more than five small cell nodes involving locations in county or state rights-of-way, inclusive of the areas noted in §
85-3A(8), shall be submitted in a single application to the Village Board, and no more than three small cell nodes involving other locations shall be submitted in a single application. DAS and small cell nodes located on structures other than utility poles (e.g., rooftops, water tanks, large commercial signage) shall require a special use permit. A building permit will be required for all small cell and DAS nodes located in the Village.
H. Special use permit application requirements. All applications shall
contain the following:
(1) Permit application form and checklist.
(2) Visual and aesthetic details.
(3) The name, address and phone number of the person submitting the application.
(4) The name, address and phone number of the property owner, operator
and applicant and, if applicable, utility pole owner and ROW holder.
(5) The postal address and tax map designation of the property and/or
right-of-way information such as utility pole number and coordinates.
(6) The zoning district or designation in which the property is situated.
(7) Size of the property stated both in square feet and lot line dimensions,
and a diagram showing the location of all lot lines. For sites proposed
within the right-of-way, the dimensions of the right-of-way and locations
of existing and proposed overhead/subsurface utilities and adjoining
property lines shall be indicated.
(8) The location of the nearest residential structure.
(9) The location of the nearest habitable structure.
(10) A radius map, certified by its preparer, showing the name, address,
section, block and lot number on all property located within 500 feet
of any property line of the lot or parcel on which the new wireless
telecommunications facilities are proposed to be located.
(11) The location, size and height of all structures on the property.
(12) The location, size and height of all proposed and existing antennas
and all appurtenant structures, including support structures and accessory
equipment.
(13) The type, location and size of all proposed and existing landscaping
and fencing.
(14) The number, type and design of the antenna(s) proposed.
(15) The make, model and manufacturer of the tower/pole, antenna(s) and
all ancillary equipment.
(16) A description of the proposed wireless telecommunications facility
and antenna(s) and all related fixtures, structures, appurtenances
and apparatus, including heights above existing grade, materials,
color and lighting.
(17) Documentation that demonstrates the need for the wireless telecommunications
facility to provide service and eliminate a substantial gap in service.
The location(s) of the service gap areas shall be documented and described
with supporting technical information outlined below If the applicant
is a tower or infrastructure company and not an FCC-licensed wireless
carrier, the name(s) of the wireless carrier(s) and associated information
for the carrier(s).
(18) Documentation as a report with narrative and graphical representation
that describes the need for service, with inclusion of existing cell
sites and justification of why the proposed site is necessary.
(19) Signal propagation and/or capacity studies for the proposed site
and all adjoining proposed, in-service, or existing sites of that
wireless carrier that demonstrate service shortfalls and the need
for the proposed facility. The submitted technical information shall
include all FCC-licensed frequencies that are proposed in the application
along with In-Building and In-Vehicle (or comparable) signal strengths
for low-band and high-band frequencies that are proposed. Signal strength
used in the modeling (e.g., RSRP) shall also be noted and disclosed.
A report certified by a qualified RF engineer shall be provided which
describes the technical submittals and describes why a higher-priority
location is not available or technically feasible. Name and description
of modeling software and a description of the model inputs (e.g.,
level of service), shall be provided.
(20) To corroborate signal propagation maps and need for a new facility,
drive testing data and associated maps capturing signal provided from
existing sites in the area shall be required for the application.
The drive test data shall include a description of the methods and
instrumentation used.
(21) The actual intended transmission and the maximum effective radiated
power in watts of the antenna(s) and antenna sectors.
(22) Direction of maximum lobes and associated radiation of the antenna(s)
and antenna sectors.
(23) The frequency, modulation and class of service of radio or other
transmitting equipment, inclusive of licensed cellular, PCS, 4G, LTE,
AWS, 5G and other technologies.
(24) Certification that the NIER levels at the proposed site are within
the permissible threshold levels adopted by the FCC, with supporting
modeling, data, and other calculations that demonstrate the current
FCC health-based criteria.
(25) Certification that the proposed antenna(s) will not cause interference
with other telecommunications devices.
(26) Copy of lease or other agreement between the applicant and the property
or ROW owner.
(27) Structural analysis or certification by a New York State PE that
an existing or new structure on which a wireless telecommunications
facility is proposed has adequate structure capacity to accommodate
such installation.
(28) A noise analysis, defining sound in dBA from the proposed facility
to the nearest property line.
(29) Site plan. An applicant shall be required to submit a site plan as
follows: The site plan shall show all existing and proposed structures
and improvements, including roads, access, existing ROWs, property
lines, and shall include grading plans for new facilities, roads,
parking areas, landscaping, and fencing. The site plan shall also
include documentation on the proposed intent and capacity of use as
well as a justification for the height of any tower or antennas and
justification for any land or vegetation clearing required. Additionally,
the Village Board of Trustees shall require that the site plan and
landscaping plan addresses other standards listed within this section,
with particular attention to visibility from key viewpoints within
and outside of the municipality.
(30) Applicant's and/or owner's proposed tower/pole maintenance
and inspection procedures and related system of records.
(31) A copy of the FCC license applicable for the intended use of the
wireless telecommunications facilities. For DAS and small cell facilities
in a ROW, a copy of the New York State Power Service Commission license
to locate within the right-of-way shall also be submitted.
(32) A written report demonstrating the applicant's meaningful efforts
to secure shared use of existing wireless telecommunications facilities,
or the use of alternative buildings, existing small cell sites or
other existing structures within or adjoining the Village. Copies
of written requests and responses for shared use shall be provided
to the Village Board as part of the application, along with any letters
of rejection stating the reason for rejection. If co-locating at existing
cell sites cannot work from a technical basis, the applicant shall
submit a technical report describing these supporting analyses. A
written technical report from an engineer that the proposed tower
or telecommunications facilities cannot be installed or co-located
on another existing tower or usable antenna support structures owned
by others located within a one-half-mile radius of the proposed facility.
(33) Certify that the wireless telecommunications facility, foundation
and attachments are designed and will be constructed to meet all local,
Village, state and federal structural requirements for loads, including
wind and ice loads. The New York State Uniform Building Code and the
latest release of TIA-222 shall be utilized and referenced on drawings
and in the structural analyses.
(34) Certify that the wireless telecommunications facility will be effectively
grounded and bonded so as to protect persons and property and installed
with appropriate surge protectors.
(35) Long-form EAF with visual analysis.
(36) Demonstrate and provide in writing and/or by drawing effective screening
from view the ground-based equipment, pole-mounted equipment, and
all related facilities and structures of the proposed facility.
(37) Visual impact assessment which shall include:
(a)
A Zone of Visibility Map shall be provided in order to determine
locations from which the wireless telecommunications facility may
be seen.
(b)
Pictorial representations of before and after views (photosimulations)
from key viewpoints both inside and outside (if applicable) of the
Village as may be appropriate, including, but not limited to, state
highways and other major roads; state and local parks; other public
lands; historic districts; preserves and historic sites normally open
to the public; residential properties from which the site is visible,
and from any other location where the site is visible to a large number
of visitors, travelers or residents. The applicant may elect to determine
the appropriate key sites prior to a balloon test.
(c)
An assessment of the visual impact of the wireless telecommunications
facility ground-based equipment, small cell equipment mounted to the
pole, at street level, from abutting and adjacent properties and streets
which will demonstrate the need or appropriateness of screening of
said structures.
(d)
Aesthetic impacts and sight lines should be shown and considered
from the perspective of nearby residences as well as street views.
Aesthetic impact evaluation includes consideration of adverse visual
impacts on the character of the area, the area's existing features
and land use and how it appears, and the existence of similar structures
in the area.
(e)
Photo examples of existing wireless facilities (such as monopoles,
stealth tree monopoles, other structures, small cell nodes) that are
similar in appearance and height to what is being proposed.
(38) Demonstrate that the facility has been sited to minimize the adverse
visual and physical impacts and effect on the environment, the adjacent
neighborhood, and the Village and its character.
(39) In order to better inform the public of the potential visual impact
of a new wireless telecommunications facility, the applicant shall,
at the discretion of the Board, conduct a balloon test prior to the
public hearing on the application. The applicant shall arrange to
fly, or raise upon a temporary mast, a brightly colored balloon a
minimum of three feet in diameter, at the maximum height of the proposed
new wireless telecommunications facility. The dates (including a second
date, in case of poor visibility on the initial date), times and location
of this balloon test shall be published in the official newspaper
of the Village. The applicant shall inform the Village, in writing,
of the dates and times of the test, at least 14 days in advance. The
balloon shall be flown for at least three consecutive hours between
9:00 a.m. and 4:00 p.m. on the initial date. The secondary date may
be on a weekday.
(40) An analysis, completed by a qualified individual or entity, to determine
if the wireless telecommunications facility or existing structure
intended to support wireless facilities requires lighting under Federal
Aviation Administration Regulation Part 77. This requirement shall
be for any new wireless telecommunications facility or for an existing
structure or building where the application increases the height of
the structure or building. If this analysis determines that the FAA
must be contacted, then all filings with the FAA, all responses from
the FAA and any related correspondence shall be provided to the Village
in a timely manner.
I. Any and all representations made by the applicant or its counsel
to the Board, on the record or otherwise, during the application process,
whether written or verbal, shall be deemed a part of the application
and may be relied upon in good faith by the Board.
J. All utilities at a wireless telecommunications facilities site shall
be installed underground unless otherwise required by law, and in
compliance with all applicable ordinances, rules and regulations of
the Village, including specifically, but not limited to, the National
Electrical Safety Code and the National Electrical Code, where appropriate.
The Board may waive or vary the requirements of undergrounding installation
of utilities whenever, in the opinion of the Board, such variance
or waiver shall not be detrimental to the health, safety, general
welfare and environment, including the visual and scenic characteristics
of the area. For small cells, no equipment shall be situated at grade
unless approved by the Board or Building Inspector.
K. Both the wireless telecommunications facility and any and all accessory
or associated facilities shall maximize the use of building materials,
colors and textures designed to blend with the structure to which
they may be affixed, and/or to harmonize with the natural surroundings,
which shall include the utilization of stealth or concealment technology
as may be required by the Board.
L. Telecommunications sites shall provide an access road, turnaround
space, and parking to assure adequate emergency and service access.
Existing roads, whether public or private, shall be used to the maximum
extent possible. Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation. Road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
soil erosion. No access road or parking shall be proposed for DAS
or small cell sites located in a right-of-way.
M. A person who holds a special use or building permit for wireless
telecommunications facilities shall construct, operate, maintain,
repair, provide for removal of, modify or restore the permitted wireless
telecommunications facilities in strict compliance with all then-current,
applicable technical, safety and safety-related codes adopted by the
Village, state, or United States, including but not limited to the
most recent editions of the National Electrical Safety Code, the National
Electrical Code, FAA, and FCC, as well as accepted and responsible
workmanlike industry practices and recommended practices of the National
Association of Tower Erectors as modified and updated from time to
time. The codes referred to are codes that include, but are not limited
to, use, construction, building, electrical, fire, safety, health
and land use codes. In the event of a conflict between or among any
of the preceding, the more stringent shall apply.
N. A holder of a special use permit granted under this chapter shall
obtain, at its own expense, all permits, including a building permit
from the Village, and licenses required by applicable law, rule, regulation
or code, and must maintain the same, in full force and effect, for
as long as required by the Village or other governmental entity or
agency having jurisdiction over the permittee.
O. With respect to the application process, the Board will seek lead
agency status pursuant to SEQRA. The Board shall conduct an environmental
review of the proposed project pursuant to SEQRA in combination with
its review of the application and site plan pursuant to this chapter.
Other building permit applications associated with new wireless telecommunications
facilities which have obtained a special use permit will not require
a separate SEQRA submittal unless otherwise required by law.
P. Shared use of facility.
(1) The owner of the proposed new wireless telecommunications facility,
and his/her successors in interest, shall negotiate in good faith
for the shared use of the proposed wireless telecommunications facility
by other wireless service providers in the future. Copies of correspondences
soliciting co-location interest from other commercial carriers shall
be submitted with the letter to the Board. Failure to abide by the
conditions outlined in the letter may be grounds for revocation of
the special use permit. The letter shall commit the new tower owner
or wireless facility operator and their successors in interest to
respond within 60 days to a request for information from a potential
shared-use applicant.
(2) The applicant shall disclose, in writing, any agreement in existence
prior to submission of the application that would limit or preclude
the ability of the applicant to share:
(a)
Any new telecommunications tower; or
(b)
New small cell or DAS facility that it constructs.
Q. Negotiate in good faith concerning future requests for shared use
of the new wireless telecommunications facility by other telecommunications
providers.
(1) Allow shared use of the new wireless telecommunications facility
if another telecommunications provider agrees in writing to pay reasonable
charges. The charges may include, but are not limited to, a pro rata
share of the cost of site selection, planning, project administration,
land costs, site design, construction and maintenance financing, return
on equity, less depreciation, and all of the costs of adapting the
wireless telecommunications facility or equipment to accommodate a
shared user without causing electromagnetic interference.
(2) Failure to abide by the conditions outlined above shall be grounds
for revocation of the special use permit for the wireless telecommunications
facility.
R. The holder of a special use permit shall notify the Village of any
intended modification of a wireless telecommunications facility and
shall apply to the Board to modify, relocate or rebuild a wireless
telecommunications facility.
Security of facilities. All wireless telecommunications facilities
and antennas shall be located, fenced or otherwise secured in a manner
which prevents unauthorized access, specifically as follows:
A. All antennas, towers and other supporting structures, including guy
wires, shall be made inaccessible to individuals and constructed or
shielded in such a manner that they cannot be run into or climbed.
B. Transmitters and telecommunications control points shall be installed
so that they are readily accessible only to persons authorized to
operate or service them.
C. A monitor process or security alarm system shall be provided that
will be contracted with an alarm company to contact Village of Lake
Success Police Department.
Wireless telecommunications facilities shall contain a sign
no larger than is required to provide adequate notification to persons
in the immediate area of the presence of an antenna that has transmission
capabilities and shall contain the name(s) of the owner(s) and operator(s)
of the antenna(s) as well as emergency phone number(s). The sign shall
be placed on the equipment shelter or cabinet located on the premises
and be visibly able to be read from the access point of the site.
Smaller signage for small cell and DAS nodes shall be affixed to the
subject pole or pole-mounted equipment, or otherwise as determined
by the Village Board or Building Inspector in accordance with FCC
regulations. The sign shall not be lighted, unless lighting is required
by applicable law, rule or regulation. The sign shall be approved
by the Village Board or Building Inspector before installation. No
other signage, including advertising, shall be permitted on any facilities,
antennas, antenna supporting structures or antenna towers, unless
required by law.
Noise-producing equipment shall be sited and/or insulated to
minimize any increase in noise above ambient levels as measured at
the property line.
The extent and parameters of a permit for wireless telecommunications
facilities shall be as follows:
A. Such permit shall be nonexclusive.
B. Such permit shall not be assigned, transferred or conveyed without
the express prior written consent of the Village of Lake Success,
and such consent shall not be unreasonably withheld or delayed.
C. Such permit may, following a hearing upon due prior notice to the
applicant, be revoked, canceled or terminated for a violation of the
conditions and provisions of the permit for wireless telecommunications
facilities or for a material violation of this law after prior written
notice to the applicant and the holder of the permit.
The applicant and the property owner of record of any wireless
telecommunications facilities site shall, at its cost and expense,
be jointly required to execute and file with the Village a bond or
other form of security acceptable to the Village, in an amount of
$100,000 for new tower structures greater than 50 feet in height and
with such sureties as are deemed acceptable by the Village to assure
the faithful performance of the terms and conditions of this chapter,
and conditions of any permit issued pursuant to this chapter. For
co-locations that do not increase the height of the structure attached
to, the bond or other security shall be $25,000. The full amount of
the bond or security shall remain in full force and effect throughout
the term of the permit, recertification 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 permit.
No bond shall be required for small cells located on an existing utility
pole in a public ROW.
The holder of the special use permit or building permit for
certain wireless telecommunications facilities shall, annually, certify
to the Village that NIER levels at the site are within the threshold
levels then currently adopted by the FCC and that the tower, utility
pole, or other structure and all mounts for antennas and ancillary
equipment are adequate for code compliance and public safety. Said
certification shall include a report prepared in accordance with the
FCC Office of Engineering and Technology Bulletin 65, as amended.
The Village may hire a consultant of its choosing to analyze and verify
such certification; the cost of such consultant shall be reimbursed
by the applicant or permit holder. The certifying engineer shall file
a copy of its license with the Village.
Where this chapter differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by state or federal law, this chapter shall apply.
The Board may waive or modify any of the provisions and requirements
contained herein upon application of the applicant to the Board showing
just cause for such waiver or modification in order to further the
purposes and intent of this chapter and compliance with the Telecommunications
Act of 1996.