The Board of Trustees of the Village of Piermont determines
that it is in the best interest of its residents to establish regulations
and standards for the siting and installation of all wireless telecommunications
services facilities (WTSF) equipment, including towers, monopoles,
pole-mounted and building-attached equipment and other related devices
and equipment. These regulations and standards are adopted in order
to promote the safety and welfare of the residents of the Village
of Piermont to the extent reasonably permitted under federal and state
laws and rules and regulations to avoid blight, to prevent the interruption
of viewsheds and to limit construction of any WTSF in an area where
such construction would be incompatible with the surrounding area.
This article will ensure that all WTSFs and equipment be sited, designed,
built and utilized in accordance with sound use planning that will
preserve and protect the aesthetic qualities of the Village and promote
and protect the safety and welfare of its residents.
The purpose of this article is to regulate, to the fullest extent
permitted by law, the siting, location, construction and maintenance
of WTSFs in the Village in order to:
A. Promote the safety and welfare of the residents of the Village and
surrounding communities.
B. Minimize the adverse visual effects of WTSFs and protect the natural
features, aesthetics and character of the Village by careful siting,
design, buffering and screening of WTSFs.
C. Limit the total number of WTSFs to be constructed in the Village
to the minimum number of WTSFs necessary to provide adequate coverage
within the Village.
D. Maximize the use of any proposed site by encouraging co-location
and multiple use of WTSFs to the extent reasonably permissible.
E. Encourage the siting of WTSFs on Village-owned property.
F. Encourage the siting of WTSFs on existing or other planned or approved
WTSFs.
G. Encourage the use of alternative technologies, which eliminate the
need for new or additional WTSFs in the Village.
H. Where the siting of a WTSF within the Village is proven to be necessary,
limit new WTSFs to existing nonresidential buildings and areas zoned
for industrial and commercial uses.
I. Ensure that siting of any WTSFs is consistent with, and does not
adversely effect, the historical features of the Village.
When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number 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. For purposes of this Article
XXII, 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:
ACCESSORY FACILITY OR STRUCTURE
A facility or structure serving or being used in conjunction
with a WTSF and located on the same property or lot as the WTSF, including,
but not limited to, utility or transmission equipment storage sheds
or cabinets.
ANTENNA
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
whip antennas, and parabolic antennas as part of, or in conjunction
with, a WTSF. Such waves shall include, but not be limited to, radio,
television, cellular, paging, personal telecommunications services
(PCS) and microwave telecommunications.
ANTENNA ARRAY
One or more rods, panels, discs or similar devices used for
the transmission and/or reception of radio frequency signals, which
may include omnidirectional antennas (whip), directional antennas
(panel) and parabolic antennas (disc).
ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY
An antenna array that is attached to an existing building
or structure, with any accompanying pole or device which attaches
the antenna array to the existing building or structure; connection
cables; and an equipment facility which may be located either inside
or outside of the attachment structure.
BOARD
The Planning Board of the Village of Piermont is the designated
agency or body of the Village to which applications for a special
use permit for a telecommunications facility must be made, and that
is authorized to review, analyze, evaluate and make decisions with
respect to granting, recertifying, or revoking special use permits
for telecommunications facilities.
CO-LOCATION
The use of the same structure or telecommunications tower
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FREESTANDING TOWER
Any structure that is specifically designed for the purpose
of supporting a wireless telecommunications device. This definition
shall include monopoles and self-supporting and guyed towers.
NONIONIZING ELECTROMAGNETIC RADIATION (NIER)
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
OCCUPIED BY THE PUBLIC
Areas not under the control of the owner or operator of the
facility to the exclusion of all others.
PERSON
Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, agency, political
subdivision and any legal successor, representative, agent or agency
of the foregoing.
SMALL WIRELESS FACILITY
A wireless telecommunications services facility that meets
each of the following conditions:
A.
The structure on which the facility is mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 10% above its preexisting
height as a result of the collocation of new antenna facilities; and
B.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration
under FCC rules; and
E.
The facility is not located on Tribal lands, as defined under
36 C.F.R. 800.16(x); and
F.
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
the FCC rules.
STEALTH
Any WTSF which is designed to enhance compatibility with
adjacent land uses, including, but not limited to, architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and WTSFs designed not to look like a conventional WTSF
but like something else existing in the community, such as light poles,
power poles, flagpoles, and trees.
SUBSTANTIALLY INCREASE OR CHANGE THE PHYSICAL DIMENSIONS
A modification to a facility substantially increases or changes
the facility, if it meets any of the following criteria:
A.
For towers outside of public rights-of-way, it increases the
height by more than six feet or 10%, whichever is less; for towers
in the rights-of-way and for all base stations, it increases the height
of the tower or base station by more than 6% or six feet, whichever
is less;
B.
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than four feet, or more than the width
of the tower structure at the level of the appurtenance, whichever
is greater; for towers in the rights-of-way and for all base stations,
it protrudes from the edge of the structure more than six feet;
C.
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
D.
It entails any excavation or deployment outside the current
site of the tower or base station;
E.
It would defeat concealment and/or stealth elements of the tower
or base station; or
F.
It does not comply with prior conditions of the approval for
the existing structure and/or site, unless the noncompliance is due
to an increase that does not exceed the substantial thresholds above.
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
The provision of wireless telecommunications services, including,
but not limited to, those more commonly referred to as "cellular telephones,"
which services are regulated by the FCC in accordance with and as
the term "personal wireless services" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C), or as hereafter amended. With the
exception of communications for the Village and its departments, the
term "wireless telecommunications services" shall specifically exclude
all other services not included in the FCC definition of "personal
wireless services."
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
A facility or structure used or designed or intended to be
used to support and include antennas for WTS. A WTSF is a facility
or structure intended for transmitting and/or receiving radio, television,
cellular, paging or personal wireless telecommunications services
or microwave telecommunications, but excludes facilities or structures
used exclusively for fire, police and other dispatch telecommunications,
private radio and television reception, private citizens bands, amateur
radios and other similar telecommunications. A WTSF includes, without
limit, antennas applied or affixed to the facade of a building or
roof-mounted antennas, freestanding towers, monopoles, equipment shelters,
and similar structures that employ camouflage technology, and including,
but not limited to, structures such as a church steeple, water tower,
flagpole, sign, or combination thereof or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. Both small wireless facilities and large wireless
telecommunications services facilities are wireless telecommunications
services facilities.
Except for small wireless facilities on existing utility poles,
all WTSFs and their equipment shelters shall comply with the building
setback provisions of the zoning district in which the facility is
located. It shall be demonstrated to the satisfaction of the Board
that the proposed WTSF is set back adequately to prevent damage or
injury resulting from icefall or debris resulting from failure or
collapse of a WTSF or any part thereof, and to avoid and minimize
all other impacts upon adjoining properties. In addition, the following
setbacks shall be observed:
A. To ensure public safety, the minimum distance from the base of any
ground-mounted WTSF to any property line, road, habitable dwelling,
business or institutional use, accessory structure or public recreation
area shall be the height of the facility/structure, including antennas
or other appurtenances. This setback is considered the "fall zone."
Additional setbacks may be required by the Board to provide for public
safety.
B. In the event that an existing structure or building is proposed as
a mount for a WTSF, a fall zone shall be required unless the Board
finds that a substantially better design will result from a reduced
setback. In making such a finding, the Board shall consider both the
visual and safety impacts of the proposed use.
All WTSFs and their equipment shelters shall comply with the
height provisions of the zoning district in which the facility is
located. Notwithstanding the following height limitations, in no case
shall a WTSF be higher than is reasonably necessary under contemporary
technology for it to accomplish the purpose it is proposed to serve.
A. The height of any antennas, or other associated equipment structurally
mounted as part of a WTSF, shall not exceed by more than six feet
the highest point of the existing structure on which such antennas
or equipment are affixed.
B. The maximum height of a WTSF is limited to 40 feet above ground level
upon which the antenna is placed. The ground elevation may not be
raised to increase the height of the WTSF.
C. In the event that improving technologies permit the installation
of smaller or lower antennas without degradation of their capabilities
and without excessive replacement cost, the Planning Board may require
installation of such upgraded facilities upon renewal of the special
permit or if the WTSF is being altered.
The WTSF shall not be artificially lighted on an ongoing basis
but may be artificially lighted for use, as and when necessary, for
repair and safety purposes, or as otherwise required by appropriate
governmental authority.
On-site electrical and land-based telephone lines extended to
serve the WTSF sites shall be installed underground.
A WTSF shall be designed and erected so that, in the event of
structural failure, it will fall within the required setback area
and, to the maximum extent possible, away from adjacent development.
No new structure shall be permitted which would be classified by the
FAA Regulations, 14 CFR Part 77 as an obstruction or hazard.
Any special use permit for a WTSF that is proposed for Village-owned
property or in the public right-of-way shall contain a condition with
respect to indemnification. Such condition shall require the applicant
to at all times defend, indemnify, protect, save, hold harmless and
exempt the Village and its elected officials, officers, board members,
employees, committee members, attorneys, agents and consultants from
any and all penalties, damages, costs or charges arising out of any
and all claims, suits, demands, causes of action, or award of damages,
whether compensatory or punitive, or expenses arising therefrom, which
might arise out of, or are caused by, the placement, construction,
erection, modification, location, performance, use, operation, maintenance,
repair, installation, replacement, removal or restoration of such
facility; excepting, however, any portion of such claims, suits, demands,
causes of action or award of damages as may be attributable to the
negligent or intentional acts or omissions of the Village or its servants
or agents. With respect to penalties, damages or charges referenced
herein, reasonable attorneys' fees, consultants' fees, and expert
witness fees are included in those costs that are recoverable by the
Village.
The owner and applicant shall provide and keep in full force
and effect, at their own cost and expense, public liability insurance
which shall afford protection in an amount to be fixed by the Board,
but in no case less than $2,000,000 per occurrence, naming the Village
as an additional insured and indemnifying the Village against any
and all losses for personal injury, death, property damage or other
claim, obligation or liability, and all costs or expenses in connection
therewith, including reasonable attorneys' fees and all costs of litigation,
arising out of or relating to the existence, operation or use of any
approved WTSF and any activities in connection therewith. This insurance
shall be written in a form satisfactory to the Village by good and
solvent insurance companies of recognized standing, authorized to
do business in the State of New York (rated not less than "A" XV by
Bests) and shall contain a provision that the policy or policies shall
not be canceled on less than 30 days' written notice to the Village.
Appropriate insurance certificates shall be deposited with the Village
before any permit is issued.
A security program shall be formulated and implemented for the
site of a WTSF. Such program shall include physical features such
as fencing screened by buffer vegetation, anticlimbing devices or
elevating ladders on monopoles or other approved structure and/or
monitoring either by staff or electronic devices to prevent unauthorized
access and vandalism.
A monopole or other approved structure shall be inspected at
the expense of the service provider by a licensed professional engineer
at least every five years or at any other time upon a determination
by the Building Inspector that the monopole or other approved structure
may have sustained structural damage. A copy of the inspection report
shall be submitted to the Building Inspector. Necessary repairs/alterations
shall be made to the structure to ensure structural integrity.
All applicants for a special use permit for a WTSF or any modification
of such facility shall, in addition to the requirements of the Zoning
Code for site plan approval (if required), submit the following:
A. The name and address of the owner of the wireless telecommunications
facility and the name and address of the owner of the property on
which such facility is proposed to be located. Additionally, the application
shall include the name and address of a person who shall be designated
as managing agent in control of and responsible for the maintenance
of the facility and a person who resides or has a place of business
in Westchester County who shall be designated as the person upon whom
process may be served as agent of the applicant.
B. A full environmental assessment form (EAF), Part I, and the visual
EAF addendum, including graphic information in the form of photographs
or computer-generated images with the wireless telecommunications
facility superimposed, that portrays the visual impact of the facility
from various vantage points determined by the Board.
C. A visual impact assessment of the proposed WTSF based upon appropriate
modeling, photography and other pertinent analytical techniques as
required by the Planning Board, including but not limited to a map
identifying the zone of visibility and a visual simulation prepared
by a professional engineer licensed in the State of New York. Such
assessment shall also include a cataloging of the visual impact of
the proposed WTSF on all existing views of the Hudson River within
the Village.
D. Radio communications facilities and radio frequency emissions report.
(1)
A report signed by a licensed professional engineer with expertise in radio communication facilities and, as to Subsection
D(1)(d),
(e),
(f) and
(g), by a professional having expertise in radio frequency emissions, containing the following:
(a)
The number, type and design of the proposed antenna array.
(b)
The make, model and manufacturer of the proposed antenna array.
(c)
A description of the proposed antenna array and all related
fixtures, structures, appurtenances and apparatus, including height
above ground level, materials and lighting.
(d)
The frequency, modulation and class of service.
(e)
Transmission and maximum effective radiated power.
(f)
Direction of maximum lobes and associated radiation.
(g)
Certification that the NIER levels based on the maximum equipment
output at the proposed site comply with, and will remain within the,
emission standards adopted by the FCC, such certification to be updated
periodically as determined by the approving authority.
(h)
Multicolor signal level propagation plots indicating adequate
coverage under the FCC regulations and Telecommunications Act of 1996, as amended, or other applicable law, at standard USGS
scale drawings of 1:25,000, including but not limited to topography
and elevations, existing buildings, streets, WTSFs and other similarly
tall structures, tile propagation plots, radial propagation plots
and drive propagation plot data, and identification of all of the
relevant system design parameters of all existing, approved or proposed
WTSFs which may affect or provide service within the Village of Piermont.
Separate signal level propagation plots shall be required for each
existing, planned, approved and proposed WTSF.
(2)
These information requirements may be supplemented or modified
by the Board in its discretion, depending on the nature and circumstance
of the application, on a case-by-case basis. The Board is not empowered
to determine that the application for the WTSF, if fully in compliance
with FCC standards, may be rejected for health-related reasons because
of projected emissions.
(3)
If the WTSF is approved and constructed, as-built emissions
readings shall be taken and submitted prior to issuance of a certificate
of compliance.
E. A report signed by a licensed professional engineer specializing
in structural engineering, containing the following:
(1)
In the case of an attached wireless telecommunications facility,
documentation of the ability of the building or structure to accept
the antenna array, the proposed method of affixing the antenna array
to the structure and the precise point at which the antenna array
shall be mounted.
(2)
In the case of a wireless telecommunications facility with support
structure, documentation that the structure is capable of sustaining
wind pressure, ice load, and overturning moment in accordance with
New York State Uniform Fire Prevention and Building Code and is provided
with lightning protection in accordance with New York State Uniform
Fire Prevention and Building Code and National Electrical Code, and
a description of the structure's capacity, including the number of
antenna arrays it can accommodate and the precise point at which the
antenna array shall be mounted.
F. A written report demonstrating the applicant's review of the proposed
WTSF location(s) in order of priority, demonstrating the technological
reason for the site selection(s).
G. Certification that the applicant will allow co-location as provided for in §
210-139, including a statement that all reasonable efforts have been made to co-locate such WTSF on all other existing, planned or approved sites with communication antennas, which would eliminate the need for new or additional WTSFs in the Village of Piermont.
H. If co-location is not proposed, certification and supporting evidence
that co-location is not feasible.
I. A written statement identifying and disclosing the number and locations
of any additional WTSF sites that the applicant is considering, reviewing
or planning, however preliminarily, for wireless telecommunications
facilities in the Village, and all municipalities immediately adjoining
the Village, for a two-year period following the date of the application.
J. If co-location is not proposed, certification and supporting evidence
that co-location is not feasible.
K. Certification and supporting evidence that the proposed antenna array
will not cause interference with existing communication devices.
L. A statement of anticipated on-site service needs, including frequency
of service visits and types of vehicles used for service.
M. A landscape plan delineating the existing trees to be preserved;
the location and dimensions of proposed planting areas; the size,
type and number of trees and shrubs to be planted; buffers; and fences
screening elevations of fences, and materials used.
N. A map depicting and listing all existing sites containing wireless
telecommunications facilities in the Village and bordering communities
used by the operator, owner or applicant.
O. A demonstration that there is a public need for each such WTSF at
the location(s) proposed by the applicant to provide adequate coverage
in the Village.
P. A copy of the FCC license.
Q. A written agreement, in recordable form suitable for filing in the
Rockland County Clerk's Office and prepared to the satisfaction of
the Village Attorney, acknowledging that it shall be required to allow
the co-location of all other future WTSFs unless otherwise unreasonably
limited by technological, structural or other engineering considerations
and expressly stating that it shall negotiate in good faith with all
other providers.
R. A statement, in writing, that:
(1)
The proposed WTSF shall be maintained in a safe manner and in
compliance with all conditions of the special use permit, without
exception, as well as all applicable federal, state and local laws,
and regulations; and
(2)
The construction of a WTSF is legally permissible, including,
but not limited to, the fact that the applicant is authorized to do
business in New York State.
S. An application for a special use permit shall be signed on behalf
of the applicant by the person preparing the same and with knowledge
of the contents and representations made therein and attesting to
the truth and completeness of the information. The landowner, if different
than the applicant, shall also sign the application. At the discretion
of the Planning Board, any false or misleading statement in the application
may subject the applicant to denial of the application without further
consideration or opportunity for correction.
T. A bond, in an amount determined by the Planning Board and in a form
acceptable to the Village Attorney, sufficient to ensure the safe
and timely removal of the wireless telecommunications facility in
case of abandonment, disrepair or uncured violation of this article.
Such bond is to be renewed annually.
U. Any required fees, as listed in Chapter
102 of the Piermont Code.
V. Notwithstanding anything to the contrary, where appropriate, the
Planning Board may waive any requirements set forth in this section
relating to the application for, or approval of, a special use permit.
W. If the WTSF is approved and constructed, as-built certification stating
that the WTSF complies with all Village zoning and applicable building
codes and with the WTSF approval granted by the Planning Board shall
be submitted prior to issuance of a certificate of compliance.
The applicant and all future owners of the premises and the
WTSF shall at all times keep on file in the office of the Village
Clerk the name, address, and telephone number of the owner and operator
of such WTSF and of at least one individual who shall have authority
to arrange for the maintenance of the premises and WTSF, and who shall
be authorized to accept service of notices and legal process on behalf
of the owner and operator(s) of the premises and WTSF.
The operator of every WTSF 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 conditional use permit.
No permit granted under this article for any antenna or WTSF,
or accessory structure, shall be assigned or transferred without the
prior approval of the Board.
All permits granted under this article shall be subject to review
by the Board at five-year intervals, to determine whether the technology
applicable to WTSFs generally 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.
The invalidity of any section, subsection, paragraph, sentence,
clause or provision of this article shall not affect the validity
of any other part of this article which can be given effect without
such invalid part or parts.
A violation of this article is hereby punishable by a fine not
exceeding $1,000 per day per occurrence or imprisonment for a period
not to exceed 15 days. Each day's continued violation shall constitute
a separate offense.
This article shall take effect upon its adoption and filing
with the Office of the Secretary of State.