The purpose of this chapter is to establish predictable and
balanced regulations for the siting and screening of personal wireless
services antennas, towers, and accessory structures in order to accommodate
the growth of such systems within the Village while protecting the
public against any adverse impacts on aesthetic resources, avoiding
potential damage to adjacent properties from tower failure through
structural standards and setback requirements, and reducing the number
of towers needed to serve the community by maximizing the use of existing
towers and buildings. In addition, this chapter is intended to comply
with 83 FR 51867, the Federal Rule adopted by the Federal Communications
Commission on October 15, 2018, with regard to small wireless facilities.
Unless otherwise expressly stated, the following words shall,
for the purposes of this chapter, have the meanings herein indicated:
ACCESSORY STRUCTURES
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services. The term "accessory structures" does not include
offices, long-term storage of vehicles or other equipment storage,
or broadcast studios.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic
waves, including, but not limited to, directional antennas, such as
panels and microwave dishes, and omnidirectional antennas, such as
whip antennas, as part of, or in conjunction with, a personal wireless
services system.
BOARD
Board of Trustees of the Village of South Floral Park.
CO-LOCATION
As to small wireless facilities, mounting or installing an
antenna for a small wireless facility on a preexisting structure and/or
modifying an existing structure for the purpose of mounting or installing
an antenna for a small wireless facility on that structure.
FACILITY
A structure that is used for the provision of personal wireless
service, whether such service is provided on a stand-alone basis or
commingled with other wireless communications services.
SMALL WIRELESS FACILITIES
Facilities that meet the following criteria:
A.
The facilities:
(1)
Are mounted on structures 50 feet or less in height, including
their antennas;
(2)
Are mounted on structures no more than 10% taller than other
adjacent structures; or
(3)
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater.
B.
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume.
C.
The provisions in §§
189-4 and
189-5 shall not apply, and there shall be no required minimum spacing between structures; however:
(1)
The spacing and location of the structures shall be such as
to minimize the aesthetic impact upon nearby residential dwellings,
taking into account property lines, driveways, topography, sight lines,
water views, and existing landscaping.
(2)
New small wireless facilities shall be placed on existing structures
with existing small wireless facilities to the extent feasible, so
long as the co-location does not have a material adverse aesthetic
impact on nearby residential dwellings from the multiplicity of facilities
and associated equipment.
(3)
If such new small wireless facilities are not to be placed on
existing structures with existing small wireless facilities, they
shall be placed on other existing structures to the extent feasible,
so long as the location does not have a material adverse aesthetic
impact on nearby residential dwellings.
D.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment of the structure, is no more than
28 cubic feet in volume.
E.
The facilities do not require antenna structure registration
pursuant to the rules adopted from time to time by the Federal Communications
Commission.
F.
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards adopted from
time to time by the Federal Communications Commission.
TOWER
Any ground- or roof-mounted pole, spire, structure, or combination
thereof taller than 15 feet, including supporting lines, cables, wires,
braces, and masts, built for the purpose of mounting an antenna, meteorological
device, or similar apparatus above grade as part of, or in conjunction
with, a personal wireless services system.
The operator of every PWS antenna shall submit to the Village
Clerk copies of all licenses and permits required by other agencies
and governments with jurisdiction over the design, construction, location
and operation of such antenna and shall maintain such licenses and
permits and provide evidence of renewal or extension thereof when
granted. The failure to do so after 30 days' notice, in the discretion
of the Board, unless good cause for such failure is shown, shall result
in the termination of the special exception permit.
No permit granted under this chapter for any antenna or tower,
or accessory structure, shall be assigned or transferred without the
prior approval of the Board.
All permits granted under this chapter shall be subject to review
by the Board at ten-year intervals to determine whether the technology
in the provision of PWS has changed such that the necessity for the
permit at the time of its approval has been eliminated or modified
and whether the permit should be modified or terminated as a result
of any such change.
In addition to the fees set forth in other provisions of the
Village Code:
A. Each owner and operator of a tower shall pay to the Village an annual
fee for such tower and for each antenna on such tower in amounts determined
from time to time by resolution of the Board of Trustees.
B. Each owner and operator of an antenna not located on a tower shall
pay to the Village an annual fee for such antenna in amounts determined
from time to time by resolution of the Board of Trustees.
C. Each owner and operator of one or more small wireless facilities
shall pay to the Village such permit application fees and annual fees
as set from time to time by resolutions of the Board of Trustees.
Antennas and towers in existence which do not conform to or
comply with this chapter, and which are not located on real property
owned or controlled by the Village, are subject to the following provisions:
A. Antennas and towers may continue in use for the purpose now used
and as now existing but may not be replaced or structurally altered
without complying in all respects with this chapter.
B. If such antennas or towers are hereafter damaged or destroyed due
to any reason or cause whatsoever, the antenna or tower may be repaired
and restored to its former use, location, and physical dimensions
without complying with this chapter; provided, however, that if the
cost of repairing the tower to the former use, physical dimensions,
and location would be 20% or more of the cost of a new tower of like
kind and quality, then the tower may not be repaired or restored except
in full compliance with this chapter.
The Board shall have the right to vary the provisions of this
chapter, to the extent reasonable or necessary, upon a showing of
sufficient evidence by qualified experts that an applicant cannot
feasibly provide the services for which it is licensed if it is compelled
to conform with all of the provisions of this chapter or if it is
shown that any of the foregoing provisions of this chapter are not
enforceable by the Village because of a federal or state preemption.