Editor's Note: This local law also repealed former Ch. 292,
Telecommunication Facilities, adopted 6-25-1997 by L.L. No. 4-1997 (Ch. 184 of the 1987 Code), as amended.
The purpose of this chapter is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in the Town of North Castle. While the municipality recognizes
the importance of wireless communications facilities in providing
high quality communications service to its residents and businesses,
the municipality also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
Provide for the managed development of wireless communications facilities
in a manner that enhances the benefits of wireless communication and
accommodates the needs of the public and wireless telecommunications
operators in accordance with federal and state laws and regulations;
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower-based, and small
wireless communications facilities in the municipality, including
facilities both inside and outside the public rights-of-way;
Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, and other wireless
communications facilities;
Encourage the collocation of wireless communications facilities on
existing wireless support structures rather than the construction
of new wireless support structures;
Protect the public from potential adverse impacts of wireless communications
facilities and preserve, to the extent permitted under law, the visual
character of established communities and the natural beauty of the
landscape;
Ensure that wireless communications facilities will be removed in
the event that such wireless communications facilities are abandoned
or become obsolete and are no longer necessary; and
Any applicant proposing construction of a new tower-based WCF shall submit plans to the North Castle Town Clerk for review by the North Castle Planning Director and for approval by the Town Board in accordance with the requirements of Part II, Chapter 355, Article VII, § 355-33 through § 355-40, Special permit uses.
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a special permit use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Town Board may grant special permit use in accordance with the procedures and requirements of Part II, Chapter 355, Article VII, § 355-33 through § 355-40, Special permit uses.
Siting. Tower-based WCF shall only be permitted in the following districts by special permit use, subject to the requirements and prohibitions of Chapter 292:
Coverage or capacity. An applicant for a tower-based WCF must
demonstrate that a gap in wireless coverage or capacity exists and
that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the municipality's decision on an application
for approval of tower-based WCFs.
Collocation. In accordance with § 292-4A(5), an applicant for a tower-based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficiently tall structures where the intended wireless communications facility can be accommodated and function as required by its construction permit or license without unreasonable modification.
Site plan. An applicant for a tower-based WCF must submit a
full site plan to the North Castle Town Clerk which shall include,
but shall not be limited to, the following documentation and materials:
Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property; written authorization from the property owner consenting to the making of the application to the Town for special permit use; written acknowledgment from the property owner of being bound by Chapter 292, the conditions of any site plan approval authorized by the Town, and all other requirements of the Code of the Town of North Castle.
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed support structures; scaled
elevation view; access road(s) location and surface material; parking
area; fences; power source(s); location and content of (any or warning)
signs; exterior lighting specifications; landscaping plan; land elevation
contours; existing land uses surrounding the site; proposed transmission
building and/or other accessory uses with details; elevations; and
proposed use(s).
A written report that includes, but is not limited
to, the following documentation and materials; information describing
the tower height and design; a cross section of the tower; engineering
specifications detailing construction of the tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including, but
not limited to, the number and type of antennas that it can accommodate;
radio frequency coverage including, but not limited to, scatter plot
analysis and the input parameters for the scatter plot analysis. All
tower structure information shall be certified by a registered professional
engineer (PE) licensed by the State of New York; and all wireless
telecommunications data shall be certified by an appropriate wireless
telecommunications professional.
A written report, titled "Cost of Wireless Facilities
Removal" certified by a registered professional engineer (PE) licensed
by the State of New York, detailing the total cost of removing and
disposing of the tower, antenna, and all related facilities.
All other uses ancillary to the tower-based WCF
and associated equipment (including, but not limited to, a business
office, maintenance depot, or vehicle storage) are prohibited from
the tower-based WCF site unless otherwise permitted in the zoning
district in which the tower-based WCF site is located. An applicant's
site plan shall include in detail all other current and proposed uses
ancillary to the tower-based WCF and demonstrate that such uses are
permitted in the underlying zoning district.
Where the tower-based WCF is located on a property
with another principal use, the applicant shall prove that the owner
of the property has granted an easement for the proposed facility
and that vehicular access is provided to the facility.
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, nontower, and small WCF, that are either sited within the Town of North Castle or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or special permit uses under Chapter 292 or other organizations seeking to locate wireless communication facilities within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
Underground district. A tower-based WCF shall not be located
in, or within 300 feet of, an area in which utilities are required
to be located underground.
Prohibited in environmentally sensitive areas. No tower-based
WCF shall be located in, or within 500 feet of, the habitat of a threatened
or endangered animal species.
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another residential, industrial, commercial, institutional or
municipal use, subject to the following conditions:
Existing use. The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
wireless communications facility.
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
Minimum setbacks for towers. If a new tower is constructed (as
opposed to mounting the antenna on an existing tower or wireless support
structure), the minimum distance between the tower and any property
line or public right-of-way line shall be equal to the height of the
tower plus the distance of the corresponding minimum yard setback
(front, side and rear) for the zoning district in which the lot is
located and any other additional requirements for that zoning district.
Guy wires and accessory facilities must also satisfy the minimum zoning
district setback requirements.
Minimum setbacks for accessory structures. All tower-based WCF installations shall comply with the accessory structure setback requirements in Chapter 355, Zoning, § 355-21, Schedule of Resident District Regulations; 355-22, Schedule of Business District Regulations; and 355-23, Schedule of Office and Industrial District Regulations, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.
Separation. A tower-based WCF with a height greater than 90
feet shall not be located within 1/4 of a mile from any existing tower-based
WCF with a height greater than 90 feet.
Timing of determination. All applications for tower-based WCFs shall
be acted upon within 150 days following the receipt of both a fully
completed application for the approval of such tower-based WCF and
a fully paid, nonrefundable application fee in an amount specified
by the Master Fee Schedule.[1] If the municipality receives an application for a tower-based
WCF and such application is not fully completed, then the municipality
shall promptly notify the applicant that the application is not complete
and the time for the determination of such application shall not commence
until a fully completed application is received by the municipality.
Unpaid applications are incomplete and not duly filed with the Town.
Notice. No later than 30 days following the submission of a fully
completed application for a tower-based WCF and the scheduling of
the public hearing (if required), the applicant shall mail notice
to all owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the municipality within 15 days
of completion of notification. If a public hearing is required, notice
of any hearing before the Town Board shall be published in a newspaper
circulating within the Town of North Castle at least 10 days' prior
to the date of said hearing; any mailing of notices that may be required
by the Town Board shall be completed at least 10 days before such
hearing and the proof of mailing shall be provided to the municipality
at least five days before such hearing. The preparation and cost of
publication and mailing of any notice required for such hearing shall
be at the cost and expense of the applicant. Notice of the hearing
shall be mailed by the applicant in official envelopes provided by
the Town of North Castle. Proof of mailing to all required property
owners shall be demonstrated by providing the Town with a certificate
of mailing (PS Form 3817 or 3877).
An application for a new tower-based WCF shall not be approved
unless the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or wireless support structure.
Any applicant proposing construction of a new tower-based WCF
outside the public rights-of-way shall demonstrate to the satisfaction
of the municipality, by written submission, that a good faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing structure or wireless support structure. The Town may
deny any application to construct a new tower if the applicant has
not made a good faith effort to collocate the antenna on an existing
tower, structure, or other wireless support structure. A good faith
effort shall require that all owners of potentially suitable towers,
structures, or wireless support structures within a 1/4 mile radius
of the proposed tower-based WCF site be contacted and that the applicant
certifies in writing to the North Castle Director of Planning that
one or more of the following reasons for not selecting such structure
apply:
The proposed WCF and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at reasonable cost;
The proposed WCF and related equipment would cause radio frequency
interference with other existing equipment for that existing structure
and the interference cannot be prevented at reasonable cost;
Such existing structure does not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function; and/or
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety- related
codes, including but not limited to, the most recent editions of the
American National Standards Institute (ANSI) Code, National Electrical
Safety Code, National Electrical Code, as well as the accepted and
responsible workmanlike industry practices of the Communications Infrastructure
Contractors Association (formerly, National Association of Tower Erectors).
Any tower-based WCF 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 or safety
of any person or damage any property in the municipality.
Wind and ice. All tower-based WCF structures shall be designed to
withstand the effects of wind and ice according to the standards promulgated
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended). All tower-based
WCF structures shall also be designed and constructed to withstand
the wind and ice loads for the place of installation in accordance
with the New York State Uniform Fire Prevention and Building Code.
Height. Any tower-based WCF shall be designed and constructed at
the minimum functional height. All tower-based WCF applicants must
submit documentation to the municipality justifying the total height
of the structure. In no case shall a tower-based WCF exceed a maximum
height of 150 feet.
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a tower-based WCF, including, but not limited
to, the tower, accessory equipment, and any other area where the exterior
surface or appearance of such facility is not regularly or properly
maintained, cleaned, repainted, or repaired.
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Municipal
Town Clerk on an annual basis, or within 30 days following a written
request by the Town. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any tower-based WCF that fails to timely submit
proof of compliance or that is generating radio frequency emissions
in excess of the standards and regulations of the FCC.
Historic buildings and districts. No tower-based WCF may be located in or within 100 feet of any historic or preservation district, property, building or structure that is listed on either the National or New York State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark pursuant to Chapter 195 of the Code.
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage or display is permitted.
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide to the Town a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
Emergency power supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on-site
and equipped with sufficient power reserves to supply continuous electric
power to operate the tower-based WCF and its antennas for a period
of 10 days. The secondary source of electric power shall not be used,
except in emergency situations involving the loss of the primary power
source. The WCF operator may activate the electric generator on weekdays,
between 9:00 a.m. and 5:00 p.m., excluding federal holidays, to test
the secondary power source or to perform routine maintenance on the
electric generator, provided that the WCF operator deliver written
notice to the Town Clerk at least five business days prior to such
electric generator testing or electric generator maintenance.
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Town of North Castle, except as provided with respect to the use of an electrical generator in § 292-4A(15), where such noise standards may be exceeded on a temporary basis only.
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a New York-licensed
and registered professional engineer (PE) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
At a minimum, this inspection shall be conducted in accordance with
the tower inspection class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel antenna
towers and antenna support structures. A copy of said inspection report
and certification of continued use shall be provided to the Town Clerk
following the inspection. Any repairs advised by the report shall
be effected by the owner no later than 60 calendar days after the
report is filed with the municipality. No later than 30 calendar days
upon completion of aforesaid repairs, the tower-based WCF structure
shall again be inspected in accordance with the parameters and requirements
described herein.
Retention of consultants or experts. The Town may hire any consultant(s)
and/or expert(s) necessary to assist the Town in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this chapter. The applicant and/or owner of the
WCF shall reimburse the Town for all costs of the Town's consultant(s)
and/or expert(s) in providing expert evaluation and consultation in
connection with these activities.
Noconforming uses. Nonconforming tower-based WCFs, which are
hereafter damaged or destroyed due to any reason or cause, may be
repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this chapter.
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
municipality, at least 90 days in advance of the discontinuance date,
of its intent to discontinue use and the date when the use shall be
discontinued.
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the municipality.
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF. Any cost to the municipality
for such removal which is not paid under the owner's bond shall constitute
a lien on the tax lot on which the tower-based WCF is situated and
shall be collected in the same manner as a municipal tax on real property.
Any unused portions of tower-based WCFs, including, but not
limited to, antennas, shall be removed within six months of the time
of cessation of operations. The municipality must approve all replacements
of portions of a tower-based WCF previously removed.
Applicants proposing a modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
wireless support structure shall be required only to obtain a building
permit from the municipality.
In order to be considered for such permit, the tower-based WCF applicant must submit a building permit application to the municipality in accordance with Part II, Chapter 355, Article XII, § 355-74, Building permits.
Any height extensions to an existing tower-based WCF shall require
prior approval of the municipality. The municipality reserves the
right to deny such requests based upon aesthetic and land use impact,
or any other lawful considerations related to the character of the
municipality.
The tower-based WCF shall employ the most current and effective
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the WCF applicant shall be subject
to the approval of the municipality.
Any proposed tower-based WCF shall be designed and constructed
in all respects, including, but not limited to, structurally and electronically,
to accommodate both the tower-based WCF applicant's antennas and comparable
antennas for future users.
The tower-based WCF operator shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
The tower-based WCF applicant shall include in its site plan submission pursuant to § 292-4A(2)(a)[4] a soil report to the municipality complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
Existing mature tree growth, vegetation, and natural land forms
on and around the site shall be preserved to the maximum extent possible.
In some cases, such as tower-based WCF sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
All utility buildings and accessory structures shall be architecturally
designed and constructed to blend into the environment in which they
are situated and shall meet the minimum setback requirements of the
underlying zoning district.
Additional antennas. As a condition of approval for all tower-based
WCFs, the applicant shall provide the municipality with a written
commitment that it will allow other service providers to collocate
antennas on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the municipality.
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. 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 minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the municipality that the property
owner has granted an easement for the proposed facility. The easement
shall be a minimum of 20 feet in width and the access shall be improved
to a width of at least 10 feet with a dust-free, all-weather surface
throughout its entire length.
Bond. Prior to the issuance of a special use permit, a tower-based
WCF applicant shall, at its own cost and expense, obtain from a surety
licensed to do business in New York and maintain a bond or other form
of security acceptable to the Town Attorney. The bond shall provide
that the municipality may recover from the principal and surety any
and all compensatory damages incurred by the municipality for violations
of this chapter, including, but not limited to, legal fees and expenses
in enforcing the law, after reasonable notice and opportunity to cure.
The owner shall file the bond with the municipality and maintain the
bond for the life of the respective facility. The owner of the tower-based
WCF shall maintain a bond in the following amounts:
An amount determined by the Town Board based on engineering
estimates, to cover the cost of removing and disposing of the antenna,
tower, and related facilities. The Town Board may consider, but shall
not be required to rely upon, applicant's written report, titled "Cost
of Wireless Facilities Removal" certified by a registered professional
engineer (PE) licensed by the State of New York.
From time to time, but no more frequently than once during any
five-year period, the Town Board, at its sole discretion, may adjust
the amount of the bond and require the submission of a new or modified
bond based on engineering estimates of the cost of the removal and
disposal of the tower, antenna, and associated facilities. The wireless
communications facility operator may submit a written report, titled
"Adjusted Cost of Tower-Based Wireless Facilities Removal" certified
by a registered professional engineer (PE) licensed by the State of
New York and containing engineering estimates of the cost of the removal
and disposal of the tower, antenna, and associated facilities to the
Town Board. The Town Board may consider, but shall not be required
to rely upon, operator's written report in determining the adjusted
bond amounts.
Visual or land use impact. The municipality reserves the right
to deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
Graffiti. Any graffiti on the tower-based WCF, including, but
not limited to, the wireless support structure or on any accessory
equipment, shall be removed at the sole expense of the owner within
10 days of notification by the municipality.
Inspection by municipality. The municipality reserves the right
to inspect any tower-based WCF to ensure compliance with the provisions
of this chapter and any other provisions of the Code of the Town of
North Castle or state or federal law. The municipality and/or its
agents shall have the authority to enter the property upon which a
tower-based WCF is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
Any applicant proposing a nontower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings to the North Castle Planning Department indicating how the
nontower WCF will be mounted on the structure, for review by the North
Castle Planning Board and for approval by the Town Board, as a special
permit use, subject to the restrictions and conditions prescribed
herein and subject to the prior written approval of the municipality.
The applicant shall prove that it is licensed by the FCC to
operate a nontower WCF and that the proposed nontower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
Development requirements. Nontower wireless communications facilities
shall be collocated on existing structures, such as existing buildings
or wireless support structures, subject to the following conditions:
Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, nontower WCFs are permitted in certain zoning districts as a special permit use upon review by the Town of North Castle Planning Board and approval by the Town Board, in accordance with the procedures and requirements of Part II, Chapter 355, Article VII, § 355-33 through § 355-40, Special permit uses.
Siting. Nontower WCF are permitted in the following zoning districts by special permit use, subject to the requirements and prohibitions of Chapter 292:
Equipment building. If the nontower WCF applicant proposes to
locate the communications equipment in a separate building, the building
shall comply with the minimum requirements for the applicable zoning
district.
Fencing. A security fence having a height of six feet, shall
surround any separate communications equipment building. Vehicular
access to the communications equipment building shall not interfere
with the parking or vehicular circulations on the site for the principal
use.
Residential attachment prohibited. Nontower WCFs shall not be
located on single- family detached residences, single-family attached
residences, or any accessory residential structure.
Written authorization from the wireless support structure owner of the proposed nontower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the municipality for special permit use. Written acknowledgment from the wireless support structure owner of being bound by Chapter 292, the conditions of any site plan approval authorized by the municipality, and all other requirements of the Code of the Town of North Castle.
A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennas; existing or proposed
electrical power source; and scaled elevation view.
A written report including, but not limited to: information
describing the antenna height and design; a cross section of the wireless
support structure; engineering specifications detailing attachment
of the antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage
including, but not limited to, scatter plot analysis and the input
parameters for the scatter plot analysis; all wireless support structure
information to be certified by a registered professional engineer
(PE) licensed by the State of New York; and wireless telecommunications
data to be certified by an appropriate wireless telecommunications
professional.
A written report, titled "Cost of Nontower Wireless Facilities
Removal" certified by a registered professional engineer (PE) licensed
by the State of New York, detailing the total cost of removing and
disposing of antenna and related facilities.
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, nontower, and small WCF, that are either sited within the Town of North Castle or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Town Planning Department may share such information with other applicants applying for site plan approvals or special permit use under Chapter 292 or other organizations seeking to locate antennas within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
Applicants proposing a modification to an existing nontower
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a building permit from the municipality.
In order to be considered for such permit, the nontower WCF applicant must submit a building permit application to the municipality in accordance with Part II, Chapter 355, Article XII, § 355-74, Building permits.
Visual or land use impact. The municipality reserves the right to
deny an application for the construction or placement of any nontower
WCF based upon visual and/or land use impact.
Historic buildings and districts. No nontower WCF may be located on, or within 100 feet of, any historic or preservation district, property, or on a building or structure that is listed on either the National or New York State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark pursuant to Chapter 195 of the Code.
Timing of determination. All applications for nontower WCFs shall
be acted upon by the municipality within 90 days following the receipt
of both a fully completed application for the approval of such WCF
and a fully paid, nonrefundable application fee in an amount specified
by the Master Fee Schedule.[1] If the municipality receives an application for a nontower
WCF and such application is not fully completed, then the municipality
shall notify the applicant in writing within 30 days that the application
is not complete and the time for the determination of such application
shall not commence until a fully completed application is received
by the municipality. Unpaid applications are incomplete and not duly
filed with the Town.
Retention of consultants or experts. The municipality may hire any
consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the nontower
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this chapter. The applicant
and/or owner of the nontower WCF shall reimburse the municipality
for all reasonable costs of the municipality's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities.
Bond. Prior to the issuance of special permit use, the owner
of a nontower WCF shall, at its own cost and expense, obtain from
a surety licensed to do business in New York and maintain a bond or
other form of security acceptable to the Town Attorney. The bond shall
provide that the municipality may recover from the principal and surety
any and all compensatory damages incurred by the municipality for
violations of this chapter, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
nontower WCF shall maintain a bond in the following amounts:
An amount determined by the Town Board based on engineering
estimates, to cover the cost of removing and disposing of the antenna
and related facilities. The Town Board may consider, but shall not
be required to rely upon, applicant's written report, titled "cost
of nontower wireless facilities removal" certified by a registered
professional engineer (PE) licensed by the State of New York.
From time to time, but no more frequently than once during any
five-year period, the Town Board, at its sole discretion, may adjust
the amount of the bond and require the submission of a new or modified
bond based on engineering estimates of the cost of the removal and
disposal of the antenna and associated facilities. The wireless communications
facility operator may submit a written report, titled "Adjusted Cost
of Nontower Wireless Facilities Removal" certified by a registered
professional engineer (PE) licensed by the State of New York and containing
engineering estimates of the cost of the removal and disposal of the
antenna and associated facilities to the Town Board. The Town Board
may consider, but shall not be required to rely upon, operator's written
report in determining the adjusted bond amounts.
Nontower WCFs shall employ stealth technology and be treated
to match the supporting structure or wireless support structure in
order to minimize aesthetic impact. The application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the municipality.
Nontower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the nontower WCF applicant obtains a variance.
All nontower WCF applicants must submit documentation to the
municipality justifying the total height of the nontower support structure
or wireless support structure. Such documentation shall be analyzed
in the context of such justification on an individual basis.
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
Standard of care. Any nontower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF 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 or safety of any person or damage any property in
the municipality.
Wind and ice. All nontower WCF structures shall be designed
and constructed to withstand the effects of wind and ice according
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended). All nontower WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code.
Public safety communications. No nontower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
Radio frequency emissions. No nontower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such nontower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Municipal
Secretary on an annual basis, or within 30 days following a written
request by the Town. A nontower WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any nontower WCF that fails to timely submit proof of compliance
or that is generating radio frequency emissions in excess of the standards
and regulations of the FCC.
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the nontower WCF
shall have said nontower WCF inspected by a New York-licensed and
registered professional engineer (PE) who is regularly involved in
the maintenance, inspection, and/or modification of nontower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the North Castle Building Inspector following
the inspection. Any repairs advised by the report shall be effected
by the owner no later than 60 calendar days after the report is filed
with the municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the nontower WCF shall again be inspected in
accordance with the parameters and requirements described herein.
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a nontower WCF, including, but not limited
to, the antennas, accessory equipment, and any other area where the
exterior surface or appearance of such facility is not regularly or
properly maintained, cleaned, repainted, or repaired.
The removal and replacement of nontower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the nontower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
nontower WCF or the number of antennas.
Removal. In the event that use of a nontower WCF is discontinued,
the owner shall provide written notice to the municipality of its
intent to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
All abandoned or unused nontower WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the municipality.
If the nontower WCF or accessory facility is not removed within
three months of the cessation of operations at a site, or within any
longer period approved by the municipality, the WCF and/or related
facilities and equipment may be removed by the municipality and the
cost of removal assessed against the owner of the WCF. Any cost to
the municipality for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the nontower
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
Graffiti. Any graffiti on the nontower WCF, including, but not
limited to, the antennas, the wireless support structure, or on any
communications equipment or accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the municipality.
Signs. All nontower WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage or display is permitted.
Lighting. Nontower WCF shall not be artificially lighted, except
as required by law. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
Emergency power supplies. Where practicable, nontower WCF shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on-site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the nontower
WCF and its antennas for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Town Clerk at
least five business days prior to such electric generator testing
or electric generator maintenance.
Noise. Nontower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the Code of the Town of North Castle, except in emergency
situations requiring the use of an electrical generator, where such
noise standards may be exceeded on a temporary basis only.
Inspection by municipality. The municipality reserves the right
to inspect any nontower WCF to ensure compliance with the provisions
of this chapter and any other provisions found within the Code of
the Town of North Castle or state or federal law. The municipality
and/or its agents shall have the authority to enter the property upon
which a nontower WCF is located at any time, upon reasonable notice
to the operator, to ensure such compliance.
Small WCF are permitted by approval from the North Castle Planning
Board in all zoning districts, subject to the requirements of this
section and generally applicable permitting as required by the Code
of the Town of North Castle.
Small WCF located within districts that require utilities to
be located underground shall be collocated on existing or replacement
wireless support structures. No new wireless support structure may
be installed for the purpose of supporting a small WCF within districts,
or sub-portions thereof, that require utilities to be located underground.
Small WCF in the public ROW requiring the installation of a
new wireless support structure shall not be located directly in front
of any building entrance or exit.
All Small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all applicable streets
and sidewalks requirements in the Code of the Town of North Castle.
Any applicant proposing a small WCF shall submit an application
to the North Castle Planning Department for site plan review by the
North Castle Planning Board.
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed Small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
Timing of determination. All applications for small WCFs shall be
acted upon by the municipality within a specific number of days following
the receipt of both, a fully completed application for the approval
of such small WCF and a fully paid application fee in an amount specified
by the Master Fee Schedule.[1] Unpaid applications are incomplete and not duly filed
with the Town. The timing of determination for small WCF applicants
shall be as follows:
Within 10 calendar days of the date that an application for
a small WCF is filed with the North Castle Planning Department, the
municipality shall notify the WCF applicant in writing if an application
is incomplete and shall advise the WCF applicant of any information
that may be required to complete such application.
Within 60 days of receipt of a completed application for collocation
of a small WCF on a preexisting wireless support structure, the North
Castle Planning Board shall make a final decision on whether to approve
or deny the application and shall notify the WCF applicant in writing
of such decision.
Within 90 days of receipt of a completed application for a small
WCF requiring the installation of a new wireless support structure,
the North Castle Planning Board shall make a final decision on whether
to approve the application and shall notify the WCF applicant in writing
of such decision.
Small WCF operators proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be required
only to obtain a building permit from the municipality.
In order to be considered for such permit, the small WCF operator must submit a building permit application to the municipality in accordance with Part II, Chapter 355, Article XII, § 355-74, Building permits.
The timing of determination for small WCF operators proposing
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
Within 30 days of the date that an application for a modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure is filed
with the North Castle Building Inspector, the municipality shall notify
the applicant in writing if the application is incomplete and shall
advise of any information that may be required to complete such application.
An application for a modification to an existing small WCF that
does not substantially change the dimensions of the underlying structure
or wireless support structure shall be deemed complete when all documents,
information and fees required by the municipality's regulations, laws
and forms pertaining to the location, modification or operation of
wireless communications facilities are submitted by the applicant
to the municipality. In case of incompleteness of the application,
the municipality shall notify the applicant within 30 days of duly
filing, that the application is not complete and the time for the
approval of such application shall not commence until a fully completed
application is received by the municipality.
Within 60 days of receipt of a completed application for modification
to an existing small WCF that does not substantially change the dimensions
of the underlying structure or wireless support structure, the North
Castle Building Inspector shall make a final decision on whether to
approve or deny the application and shall notify the WCF applicant
in writing of such decision.
Nonconforming wireless support structures. Small WCF may be permitted
to collocate upon nonconforming tower-based WCF and other nonconforming
structures. Collocation of small WCF upon existing tower-based WCF
is encouraged even if the tower-based WCF is nonconforming as to use
within a zoning district.
Application fees. The municipality may assess appropriate and reasonable
application fees directly related to the municipality's actual costs
in reviewing and processing the application for approval of a small
WCF, as well as related inspection, monitoring, and related costs,
subject to the limitations in this section, in amounts specified by
the Master Fee Schedule.[2]
Standard of care. Any small WCF shall be designed, constructed, operated,
maintained, repaired, modified and removed in strict compliance with
all current applicable technical, safety and safety- related codes,
including, but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, the New York State Uniform Fire Prevention
and Building Code, or to the industry standard applicable to the structure.
Any WCF 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 municipality.
Historic buildings and districts. No small WCF may be located on, or within 100 feet of, any historic or preservation district, property, building or structure that is listed on either the National or New York State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark pursuant to Chapter 195 of the Code.
Wind and ice. All small WCF shall be designed and constructed to
withstand the effects of wind and ice to the standard promulgated
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure. All small WCF structures shall
also be designed and constructed to withstand the wind and ice loads
for the place of installation in accordance with the New York State
Uniform Fire Prevention and Building Code.
Radio frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such small WCF shall submit proof of compliance with
any applicable radio frequency emissions standards to the Municipal
Secretary on an annual basis, or within 30 days following a written
request by the Town. A small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any small WCF that fails to timely submit proof of compliance
or that is generating radio frequency emissions in excess of the standards
and regulations of the FCC.
Time, place and manner. The municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
Accessory equipment. Small WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the municipality.
Graffiti. Any graffiti on the small WCF, including, but not
limited to, the antennas, the structure, the wireless support structure,
or any accessory equipment, shall be removed at the sole expense of
the owner within 10 days of notification by the municipality.
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a small WCF, including, but not limited
to, the antennas, wireless support structure, accessory equipment,
and any other area where the exterior surface or appearance of such
facility is not regularly or properly maintained, cleaned, repainted,
or repaired.
Small WCF operators bear sole financial responsibility for all
maintenance or emergency repair costs. The financial responsibility
of small WCF operators for maintenance or emergency repair costs is
exclusive and independent from the municipality's costs in managing
and maintaining the public rights-of-way.
Design standards. All small WCF in the municipality shall comply
with the requirements of the Town of North Castle Small Wireless Communications
Facility Design Manual, a copy of which is on file with the municipality.
Collocation. An application for a small WCF with a new wireless
support structure in the public rights-of-way shall not be approved
unless the municipality finds that the proposed small WCF cannot be
accommodated on an existing structure or wireless support structure,
such as a utility pole. Any application for approval of a small WCF
shall include a comprehensive inventory of all existing towers and
other suitable structures or wireless support structures within a
1/4 mile radius from the point of the proposed small WCF, unless the
applicant can show to the satisfaction of the municipality that a
different distance is more reasonable, and shall demonstrate conclusively
why an existing tower, structure, or other suitable wireless support
structure cannot be utilized.
Relocation or removal of facilities. Within 90 days following
written notice from the municipality, or such longer period as the
municipality determines is reasonably necessary or such shorter period
in the case of an emergency, an owner of a small WCF in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the municipality, consistent
with its police powers and applicable Public Service Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the small WCF
shall have said small WCF inspected by a New York-licensed and registered
professional engineer (PE) who is regularly involved in the maintenance,
inspection, and/or modification of small WCFs. A copy of said inspection
report and certification of continued use shall be provided to the
North Castle Building Inspector following the inspection. Any repairs
advised by the report shall be effected by the owner no later than
60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the small WCF shall again be inspected in accordance with the parameters
and requirements described herein.
Retention of consultants or experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the small
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this chapter. The applicant
and/or owner of the small WCF shall reimburse the municipality for
all reasonable costs of the municipality's consultant(s) and/or expert(s)
in providing expert evaluation and consultation in connection with
these activities, provided that such costs are a reasonable approximation
of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the municipality's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the municipality's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the municipality. The owner of each small
WCF shall pay an annual fee to the municipality, in an amount specified
by the Master Fee Schedule, to compensate the municipality for the
municipality's costs incurred in connection with the activities described
above.[3] Such fees shall comply with the applicable requirements
of the Federal Communications Commission. The municipality reserves
the authority to revoke the permit of any small WCF that fails to
timely remit annual payment of the small WCF ROW use and occupancy
fee to the municipality.
Inspection by municipality. The municipality reserves the right
to inspect any small WCF to ensure compliance with the provisions
of this chapter and any other provisions of the Town Code or state
or federal law or regulation. The municipality and/or its agents shall
have the authority to enter the property or public rights-of-way upon
which a small WCF is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
Town property. Nothing in Chapter 292 shall be deemed to create any offer, right, or entitlement to use Municipal property for the construction or operation of tower-based WCF, nontower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, nontower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by the Town of North Castle may be exempt from the requirements of Chapter 292. The Town Board retains the right to require applicants to obtain site plan approval from the Planning Board in accordance with the requirements of Chapter 292. No tower-based WCF, nontower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Municipal property until a license or lease agreement authorizing such wireless facility has been approved by the Town Board.
Penalties. Any person violating any provision of this chapter shall
be subject, upon finding by a magisterial district judge, to a penalty
not exceeding $500 for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this chapter and any other remedy at law or in equity, the municipality
may apply to a court for an injunction or other appropriate relief
at law or in equity to enforce compliance with or restrain violation
of any provision of this chapter.
Determination of violation. In the event the municipality determines
that a person has violated any provision of this chapter such person
shall be provided written notice of the determination and the reasons
therefore. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the municipality
may, in its sole discretion, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the municipality may take any and all actions authorized by this chapter
and/or federal and/or New York law and regulations.
Revocation of special permit uses. Any special permit uses granted
under this chapter may be revoked by the Town Board after a hearing,
conducted on at least 15 days' written notice to the owner of the
wireless communications facility and any related facilities, and an
opportunity to be heard. If at such hearing the Town Board determines
that substantial evidence exists that the wireless communications
facility and related facilities constitute a threat to public safety,
health, or welfare, or that the conditions of the special permit use
have been materially violated, the Town Board may revoke the special
use permit.
Requirement of insurance. Each person that owns, operates, or removes
a tower-based, nontower, or small wireless communications facility
shall purchase and maintain, at its sole expense, certain insurance
coverages of specified minimum rating, as listed herein, and shall
provide documentation to the North Castle Town Clerk, upon request,
and as provided herein.
No payment or reimbursement. Each person that owns, operates, or
removes a tower-based, nontower, or small wireless communications
facility shall be solely responsible for bearing the costs of furnishing
and maintaining all required insurance coverages of specified minimum
rating, as listed herein. The municipality shall not provide direct
payment or reimbursement to persons for the costs of maintaining,
or the costs of furnishing, the required insurance coverages.
Specified minimum insurance ratings, registration, and additional
endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A VII or Better" from the A.M. Best Company
and shall be licensed in the State of New York. Each person that owns,
operates, or removes a tower-based, nontower, or small wireless communications
facility shall name the Town of North Castle as an additional insured
by endorsement on the certificate(s) of insurance.
Furnishment of certificates prior to commencement. Prior to the commencement
of any construction, operation, or removal, each person that owns,
operates, or removes a tower-based, nontower, or small wireless communications
facility shall furnish certificates of insurance to the North Castle
Town Clerk evidencing coverage in compliance with the regulations
herein. The failure of the Town of North Castle to object to the contents
of the certificate(s) of insurance or absence of same shall not be
deemed a waiver of any legal rights held by the Town of North Castle.
Revocation of permit. The failure of any person to construct, operate,
or remove a wireless communications facility without complying with
the insurance coverage and administrative requirements herein shall
constitute an emergency. Upon such emergency, the municipality reserves
the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
Minimum insurance requirements. Each person that owns or operates
a tower-based, nontower, or small wireless communications facility
shall maintain the following minimum insurance coverages:
Worker's compensation and employers liability policy, covering
operations in New York State. Where applicable, U.S. Longshore and
Harbor Workers Compensation Act Endorsement and Maritime Coverage
Endorsement shall be attached to the policy. Evidence must be provided
to the North Castle Town Clerk on Form C-105.2, Certificate of New
York State (NYS) Workers' Compensation Insurance. Waiver of subrogation
to be included with documentation provided to the North Castle Town
Clerk.
Commercial general liability policy, with limits of no less
than $1,000,000 each occurrence, per WCF location and $2,000,000 general
aggregate, per WCF location, with limits for bodily injury and property
damage, and shall contain the following coverages and endorsements:
Town of North Castle and their assigns, officers, employees,
volunteers, representatives and agents should be named as an "additional
insured" on the policy using ISO Additional Insured Endorsement CG
20 10 11/85 or an endorsement providing equivalent or broader
coverage and shall apply on a primary and noncontributory basis, including,
but not limited to, any self-insured retentions.
The certificate of insurance should show this applies to the
general liability coverage on the certificate, and additional insured
endorsement shall be attached.
To the extent permitted by New York law, each person that owns,
operates, or removes a tower-based, nontower, or small wireless communications
facility waives all rights of subrogation or similar rights against
the Town of North Castle, assigns, officers, employees, volunteers,
representatives and agents.
Comprehensive automobile policy, with limits of no less than
$1,000,000. Bodily injury and property damage liability including,
but not limited to, coverage for owned, any auto nonowned, and hired
private passenger and commercial vehicles. The Town of North Castle
and their assigns, officers, employees, representatives and agents
should be named as an "additional insured" on the policy. The certificate
of insurance should show this applies to the automobile liability
coverage on the certificate, and additional insured endorsement shall
be attached. To the extent permitted by New York law, each person
that owns, operates, or removes a tower-based, nontower, or small
wireless communications facility waives all rights of subrogation
or similar rights against Town of North Castle, assigns, officers,
employees, representatives and agents. Coverage must apply on a primary
and noncontributory basis.
Umbrella liability, with limits of no less than $5,000,000 each
occurrence per WCF location and $5,000,000 general aggregate per WCF
location, including, but not limited to, coverage for general liability,
automobile, workers compensation. Coverage must be written as an occurrence
policy.
Increasing the minimum insurance requirements. The minimum insurance
requirements specified herein may be increased at any time upon the
review and determination of the Town's Risk Management Committee.
Notice prior to cancellation or expiration of insurance. The certificate(s)
of insurance shall provide that 30 days' written notice prior to cancellation
or expiration be given to the North Castle Town Clerk via U.S. Postal
Mail. Insurance policies that lapse and/or expire during term of work
shall be recertified and received by the North Castle Town Clerk no
less than 30 days prior to expiration or cancellation of the respective
policy.
Requirement to indemnify and hold harmless. Each person that owns
or operates a tower-based WCF, a nontower WCF, or a small WCF shall,
at its sole cost and expense, indemnify, defend and hold harmless
the municipality, its elected and appointed officials, employees and
agents, at all times against any and all claims for personal injury,
including, but not limited to, death, and property damage arising
in whole or in part from, caused by or connected with any act or omission
of the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of each of its WCF.
Requirement to defend. Each person that owns or operates a tower-based
WCF, a nontower WCF, or a small WCF shall defend any actions or proceedings
against the municipality in which it is claimed that personal injury,
including, but not limited to, death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of each of its WCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys' fees,
reasonable expert fees, court costs, and all other costs of indemnification.
Indemnification and hold harmless agreement requirement. Prior to
the initial commencement of any construction, operation, or removal,
each person that owns, operates, or removes a tower-based, nontower,
or small wireless communications facility shall furnish an "indemnification
and hold harmless agreement" to the North Castle Town Clerk.
Police powers. The municipality, by granting any permit or taking
any other action pursuant to this chapter, does not waive, reduce,
lessen or impair the lawful police powers vested in the municipality
under applicable federal, state and local laws and regulations.
Severability. If any section, subsection, sentence, clause, phrase
or word of this chapter is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this chapter invalid.