[Added 1-8-2024 by L.L.
No. 3-2024]
A.
Applications for wireless facilities shall be submitted to the Village
Building Inspector. As part of the administration of this article,
the Village Building Inspector is authorized to:
(1)
Interpret the provisions of this article;
(2)
Perform the initial review of completeness of applications for wireless
facilities and issue any required notices of incompleteness to wireless
facility applicants;
(3)
Determine the amount of and collect, as a condition of the completeness
of any application for a wireless facility, the applicable fees for
applications for wireless facilities and any recurring fees applicable
to small wireless facilities based upon a fee schedule approved by
the Village Board of Trustees;
(4)
Develop any forms, procedures, or other documents necessary for the
implementation of this article;
(5)
Implement the requirements of the Village Small Wireless Facility
Design Manual and recommend revisions to the Small Wireless Facility
Design Manual to the Village Board of Trustees to reflect the current
aesthetic preferences of the Village;
(6)
Refer applications for wireless facilities to any other departments
or boards necessary for review of the applications; and
(7)
Issue final decisions regarding the approval or denial of applications
for co-located wireless facilities and small wireless facilities.
A.
The following regulations shall apply to all wireless facilities
located within the Village:
(1)
Standard of care.
(a)
Wireless facilities shall meet or exceed all applicable standards
and provisions of the FAA, the FCC, and any other agency of the state
or federal government with the authority to regulate wireless facilities,
the latest edition of the National Electrical Safety Code (NESC),
the American National Standards Institute (ANSI) Code, the structural
standards of the American Association of State Highway and Transportation
Officials, and any other industry standard applicable to the structure.
(b)
If such standards or regulations are changed, the owner of the
wireless facility shall bring such wireless facility into compliance
with the revised standards within six months of the effective date
of such standards or regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency.
(2)
Duration of permits.
(a)
All permits granted under this Article IV shall be valid for a period of five years, unless another term is prescribed pursuant to another provision of the Village Code or the conditions set forth in the permit. Permits granted under this Article IV shall automatically expire five years from the date of issuance, unless an extension or renewal has been granted by the Village.
(b)
If the permittee wishes to renew the permit, the permittee shall submit an application to renew such permit at least 90 days prior to the expiration of the permit. Such application shall demonstrate that the wireless facility is in compliance with all applicable requirements of this Article IV. The wireless facility may remain in place until such time as the Village has issued a decision on the application for renewal of the permit.
(c)
The permittee shall remove the wireless facility within 90 days
following the expiration of the permit, or such longer time as may
be granted by the Village. If the permittee fails to remove the wireless
facility within such time frame, then the Village may remove or cause
to be removed the wireless facility and the permittee shall reimburse
the Village for all costs incurred as a result of such removal.
(3)
Timeframe for construction and operation.
(a)
The installation and construction of a wireless facility for which a permit has been issued under this Article IV shall be completed within one year of the issuance of such permit, or the permit shall expire without further action by the Village. Any necessary post-installation repairs and/or restoration of Village or private property shall be completed within 90 days of completion of the installation and construction of the wireless facility.
(b)
The timeframe for installation and construction of a wireless facility for which a permit has been issued under this Article IV may be extended by a period of six months by the Village Building Inspector upon a showing by the wireless facility applicant that such extension is necessary for the installation and construction of the wireless facility.
(c)
The operation of the wireless facility shall commence no later
than 60 days following completion of the installation and construction
of the wireless facility, or the permit shall expire without further
action by the Village.
(4)
Eligible facilities requests. A wireless facility applicant proposing
an eligible facilities request shall be required only to obtain all
generally applicable permits from the Village Building Inspector.
In order to be considered for such permits, the wireless facility
applicant must submit a permit application to the Village Building
Inspector in accordance with applicable permit policies and procedures.
Such permit application shall clearly state that the proposed modification
constitutes an eligible facilities request pursuant to the requirements
of 47 CFR 1.6100. The permit application shall detail all dimensional
changes being made to the wireless facility and wireless support structure.
(5)
Noncommercial usage exemption. Village citizens utilizing satellite dishes and antennas for the purpose of amateur radio communications or maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the requirements of this Article IV. However, such facilities may be subject to normal Zoning and Building Code requirements applicable to structures and accessory structures.
(6)
Village exemption. The Village of Larchmont shall be exempt from the requirements of this Article IV.
(7)
Application format. Applications for wireless facilities shall be
submitted in the form required by the Village Building Inspector and
shall include all required fees, documents, information, and any other
materials required by the Village Code, including a copy of the wireless
facility applicant's current FCC license, if applicable.
(8)
Wind and ice. All wireless facilities shall be designed to withstand
the effects of wind gusts and ice 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/TIA-222, as amended), or to the industry
standard applicable to the structure.
(9)
Aviation safety. Wireless facilities shall comply with all federal
and state laws and regulations concerning aviation safety.
(10)
Radio frequency emissions. No wireless facility may, by itself
or in conjunction with other wireless facilities, 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. Proof of compliance
with such standards shall be included in any application for a wireless
facility. The Village may periodically request proof a wireless facility's
continued compliance with such standards.
(11)
Noise. Wireless facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 195 of the Village Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only until the permittee is directed by the Village to cease such excess or the emergency situation is resolved.
(12)
Permit fees. The Village may assess appropriate and reasonable
permit fees directly related to the Village's actual costs in
reviewing and processing the application for approval of a wireless
facility, as well as related inspection, monitoring and related costs.
(13)
Inspection. The Building Inspector or their designee reserves
the right to inspect any wireless facility to ensure compliance with
the provisions of this subsection and any other provisions found within
the Village Code or state or federal law. The Building Inspector or
their designee shall have the authority to enter the property upon
which a wireless facility is located, upon 24 hours' prior notice
to the permittee, or immediately in the case of an emergency, to conduct
such an inspection. The permittee shall cooperate with all inspections
and may be present for any inspection of the wireless facility.
(14)
Abandonment; removal. In the event that use of a wireless facility
is to be discontinued, the owner shall provide written notice to the
Village of its intent to discontinue use and the date on which the
use shall be discontinued. A wireless facility not operated for a
period of six months or a wireless facility for which the applicable
permit has expired without extension or renewal shall be considered
abandoned. Discontinued or abandoned wireless facilities, or portions
of wireless facilities, shall be removed as follows:
(a)
All abandoned wireless facilities and accessory equipment shall
be removed and the property restored to a finished neutral condition
within 90 days of the cessation of operations at the site or receipt
of notice that the wireless facility has been deemed abandoned by
the Village, unless a time extension is approved by the Village.
(b)
If the wireless facility or accessory equipment is not removed
within 90 days of the cessation of operations at a site or receipt
of notice that the wireless facility has been deemed abandoned by
the Village, or within any longer period approved by the Village,
the wireless facility and accessory equipment may be removed by the
Village and the cost of removal assessed against the owner of the
wireless facility regardless of the owner's or operator's
intent to operate the wireless facility in the future.
(c)
The Village reserves the right to pursue all available remedies
under the law to ensure removal of the wireless facility and restoration
of the site at the expense of the owner. Any delay by the Village
in taking action shall not invalidate the Village's right to
take action.
(d)
Where there are two or more users of a single wireless facility,
this provision shall not become effective until all users have terminated
use of the wireless facility for a period of six months.
(15)
Insurance.
(a)
Each person that owns or operates a co-located wireless facility
or small wireless facility shall provide the Village with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the wireless
facility.
(b)
Each person that owns or operates a tower-based wireless facility
shall provide the Village with a certificate of insurance evidencing
general liability coverage in the minimum amount of $5,000,000 per
occurrence and property damage coverage in the minimum amount of $5,000,000
per occurrence covering the wireless facility.
(c)
The Village, its officials, and employees shall be designated as additional insureds under each of the insurance policies required in this § 256-15A(15).
(d)
Certificates of insurance shall be filed with the Village at
the time of application submission, annually on or before January
1 of each year thereafter, and as provided below in the event of a
lapse in coverage.
(e)
The certificate(s) of insurance shall contain a provision that
coverages afforded under such policies shall not be canceled until
at least 30 days' prior written notice has been given to the
Village. All insurance policies shall be issued by companies authorized
to do business in the State of New York.
(f)
Where applicable, in the event that the insurance certificate(s)
provided indicate that the insurance will terminate or lapse during
the term of the permit, then the permittee shall provide to the Village
a renewed certificate of insurance as proof that equal and like coverage
remains in effect for the balance of the permit term, at least 30
days prior to the expiration date of such insurance.
(16)
Indemnification. Each person that owns or operates a wireless
facility shall, at its sole cost and expense, indemnify, defend and
hold harmless the Village, its elected and appointed officials, employees,
volunteers and agents, at all times against any and all claims for
personal injury, including 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 the wireless facility. Each person that
owns or operates a wireless facility shall defend any actions or proceedings
against the Village in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a wireless facility. 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.
(17)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(a)
The wireless facility shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the wireless facility in order to promote the safety and security
of the Village's residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(d)
Regular maintenance and testing activities shall take place
on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m., and
shall not take place on any New York state or federal holidays or
weekend days, except in the case of Emergency or if the permittee
obtains the written permission of the Village to conduct such activities
outside of such times.
(e)
Permittees shall at all times maintain accurate contact information
for all parties responsible for the wireless facility, which shall
include the name, phone number, street mailing address and email address
for contact person.
(18)
Engineer signature. All plans and drawings for a wireless facility
shall contain a seal and signature of a professional structural engineer,
licensed in the State of New York.
(19)
Existing wireless facilities. Wireless facilities existing in
the Village as of the effective date of this article shall be exempt
from the requirements of this article, except that any repair, restoration,
or modification of such wireless facilities shall comply with the
requirements of this article.
(20)
No property right. The permission granted by a wireless encroachment
permit or wireless facility permit shall not in any event constitute
an easement on or an encumbrance against the private property or any
Village property. No right, title, or interest (including franchise
interest) in the private property or any Village property, or any
part thereof, shall vest or accrue in the permittee by reason of a
wireless encroachment permit or wireless facility permit or the issuance
of any other permit or exercise of any privilege given thereby.
(21)
Village infrastructure or property. The Village, as a matter of policy, may negotiate agreements for the placement of wireless facilities on infrastructure or property owned or controlled by the Village. The agreement shall specify the compensation to the Village for use of such infrastructure or property. In addition to all other fees due under this Article IV, the person seeking such agreement shall reimburse the Village for all costs incurred by the Village as a result of or in any way arising from the negotiation, review and approval of such agreement. The location of any Village-owned infrastructure utilized for the placement of wireless facilities at the time of the effective date of this article shall be deemed grandfathered for the purposes of this article.
(22)
Timing of decisions. Unless extended by mutual agreement, tolled,
or subject to reasonable delays due to circumstances beyond the Village's
controls, the following table details the applicable timeframes for
reviews of completeness and final decision on each type of wireless
facility application:
|
Type of Wireless Facility/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Eligible facilities request
|
30 calendar days from receipt of initial application; 10 calendar
days from receipt of supplemental application for subsequent notices
|
60 total calendar days from receipt of initial application
|
|
Co-located wireless facility
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
90 total calendar days from receipt of initial application
|
|
Small wireless facility (co-located)
|
10 calendar days from receipt of initial or supplemental application
|
60 total calendar days from receipt of initial application
|
|
Small wireless facility (new or replacement wireless support
structure)
|
10 calendar days from receipt of initial or supplemental application
|
90 total calendar days from receipt of initial application
|
|
Tower-based wireless facility
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices
|
150 total calendar days from receipt of initial application
|
(23)
Incomplete applications.
(a)
Upon receipt of any application, the Building Inspector shall review the application for completeness. If the Building Inspector determines the application is i) incomplete, ii) missing required application materials, iii) is the wrong type of application, or iv) is otherwise defective, then, within the time period specified in the table set forth in § 256-15A(22) above, the Building Inspector or their designee shall mail the applicant a notice of incompleteness by first class mail to the address provided by the applicant.
(b)
Within such notice of incompleteness, the Building Inspector
shall advise the applicant, with reasonable clarity, the defects within
its application, including a description of such matters as what items
are missing from the application and/or why the application is incomplete
and/or defective.
(c)
The mailing of a notice of incompleteness by the Building Inspector shall toll the applicable shot clock as set forth in § 256-15A(22), which shall not thereafter resume running unless and until the applicant tenders an additional submission to the Building Inspector to remedy the issues identified in the notice of incompleteness. The submission of any responsive materials by the applicant shall automatically cause the shot clock period to resume running.
(d)
If upon receipt of any additional materials from the applicant,
the Building Inspector determines that the application is still incomplete
and/or defective, then the Building Inspector shall, once again, mail
a notice of incompleteness within 10 days of the applicant having
filed its supplemental or corrected materials to the Village and the
shot clock shall once again be tolled, and the same procedure provided
for hereinabove shall be repeated.
(24)
Appeals.
(a)
Any wireless facility applicant adversely affected by a decision
of the Village pursuant to this article may appeal such decision to
the Board of Trustees, which may decide the issues de novo, and whose
written decision shall be the final decision of the Village.
(b)
All appeals must be filed within 30 business days of the written
decision of the Village with regard to the application, unless the
Village extends the time therefor. An extension may not be granted
where such extension would result in the approval of the application
by operation of law.
(c)
Any appeal shall be conducted so that a timely written decision
may be issued by the Village in accordance with applicable law.
A.
The following regulations shall apply to all co-located wireless
facilities that do not meet the definition of a small wireless facility:
(1)
Location requirements.
(a)
Co-located wireless facilities are permitted outside the public
rights-of-way in the RC and RB Commercial Districts, subject to the
restrictions and conditions prescribed below and subject to generally
applicable permitting by the Village. No co-located wireless facilities
shall be permitted in any Residence or Waterfront Coastal District.
(2)
Application procedures.
(a)
Applications for co-located wireless facilities shall be submitted to the Village Building Inspector and reviewed for compliance with this Article IV.
(b)
Any wireless facility applicant proposing the construction of a new co-located wireless facility, or the substantial modification of an existing co-located wireless facility, shall first obtain a wireless facility permit. Such wireless facility permit shall be issued by the Village Building Inspector following a completed review by the Village Planning Board in accordance with the requirements of this § 256-16.
[1]
The Building Inspector shall refer all applications for co-located wireless facilities to the Village Planning Board for review and determination that the application i) is not detrimental to the public health, safety, and welfare; ii) complies with the requirements of this Article IV and all applicable design and development standards; and iii) meets applicable requirements and standards of state and federal law. The Building Inspector shall refer all applications for co-located wireless facilities proposed outside the public rights-of-way to the Planning Board for review and approval within three days of the date of the application, provided that it is complete and conforms with the requirements of Article IV hereof. At the time of referral to the Planning Board, the Building Inspector shall cause the application to be referred to the Board of Architectural Review for written recommendation and opinion, which shall not be binding on the Planning Board. A public hearing before the Board of Architectural review is not required.
[2]
Within 10 business days of submission of an application for
a co-located wireless facility outside the public right-of-way, the
wireless facility applicant shall send notice by certified mail, return
receipt requested, to all property owners within 250 feet of the location
of the proposed co-located wireless facility. Such notice shall include,
at minimum, a description of the proposed project, including the project
location, plans, photo simulations, or renderings that depict the
proposed co-located wireless facility in the context of the natural
and built environment, the wireless facility applicant's name,
phone number, and email contact information, and information regarding
how to request a copy of the complete application. The mailed notice
shall also state the date, time, and location of the hearing before
the Village Planning Board on the application. In addition to mailed
notice, a notice shall be placed at the site of the proposed co-located
wireless facility, as feasible at eye level, describing the proposed
project and stating the date, time, and location of the hearing before
the Village Planning Board to review the application. To the greatest
extent possible, such notice shall be posted for the entire duration
that the application is pending decision.
(3)
Applications for co-located wireless facilities shall include the
following:
(a)
The name and contact information, including phone number and
email address, for both the wireless facility applicant and the owner
of the proposed co-located wireless facility, if different.
(b)
A cover letter detailing the location of the proposed co-located
wireless facility, all equipment being proposed as part of the co-located
wireless facility, and a certification that the wireless facility
applicant has included all information required by the Village Code,
signed by a representative of the wireless facility applicant.
(c)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the co-located wireless facility.
[1]
If the co-located wireless facility is proposed for location
on an existing structure that currently supports existing attachments,
the depiction shall show the location and dimensions of all such attachments.
(d)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the co-located wireless facility.
(e)
An aerial photograph of the proposed site showing the area within
500 feet of the co-located wireless facility. The aerial photograph
shall identify all structures within such radius upon which co-location
of the proposed wireless facility was explored by the wireless facility
applicant.
(f)
Two sets of photo simulations depicting the co-located wireless
facility from at least three locations near the proposed site. One
set of photo simulations shall depict the proposed co-located wireless
facility during a season wherein all existing and proposed surrounding
foliage and vegetation is in full bloom. One set of photo simulations
shall account for the deciduous nature of any existing and proposed
surrounding foliage and vegetation. Both sets of photo simulations
shall reflect the proposed design and location of all equipment associated
with the co-located wireless facility.
(g)
A written certification by a structural engineer licensed in
the State of New York confirming that the proposed small wireless
facility and wireless support structure are structurally sound and
shall not endanger public health and safety.
(h)
If the proposed co-located wireless facility will be co-located
on a structure that is owned by a party other than the wireless facility
applicant, the wireless facility applicant shall provide evidence
that the owner of such structure has authorized the installation of
the proposed wireless facility.
(i)
A report by a qualified engineering expert which shows that
the co-located wireless facility will comply with applicable FCC regulations,
including applicable standards for radio frequency emissions.
(l)
All application fees required by the Village as detailed in
the Village fee schedule.
(m)
A completed Full Environmental Assessment Form Part 1.
(4)
Historic buildings. No co-located wireless facility may be located
on a building or structure that is listed on either the National or
New York Registers of Historic Places, or is listed on the official
historic structures and/or historic districts list maintained by the
Village.
(5)
Retention of experts. The Village may hire any consultant(s) and/or
expert(s) necessary to assist the Village in reviewing and evaluating
the application for approval of the co-located wireless facility and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this subsection. The wireless facility
applicant shall reimburse the Village for all costs of the Village's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(6)
Design and development regulations. Co-located wireless facilities
shall be co-located on existing structures, such as existing buildings
or towers, subject to the following conditions:
(a)
The height of a co-located wireless facility and the structure
upon which such wireless facility is attached shall not exceed a height
of 10 feet above the height of the underlying structure prior to installation
of the co-located wireless facility or the maximum height for a building
permitted in the underlying zoning district, whichever is lesser.
(b)
To the extent technically feasible, all accessory equipment
shall be located on the structure upon which the co-located wireless
facility will be co-located.
(c)
If the wireless facility applicant proposes to locate the accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
(d)
An eight-foot-high security fence and a reasonable vegetative
buffer, which may be required to include evergreens, shall surround
any ground-mounted building or structure associated with the co-located
wireless facility.
(e)
Co-located wireless facilities shall employ stealth technology
and be treated to match the structure upon which the co-located wireless
facility is attached in order to minimize aesthetic impact. The application
of the stealth technology chosen by the wireless facility applicant
shall be subject to the approval of the Village.
(f)
All wireless facility applicants must submit documentation to
the Village justifying the total height of the co-located wireless
facility. Such documentation shall be analyzed in the context of such
justification on an individual basis.
(g)
Laterally-mounted antennas and accessory equipment shall protrude
from the structure upon which they are attached no more than is necessary
for their proper functioning.
(7)
Removal; replacement; modification.
(a)
The removal or replacement of co-located wireless facilities
and/or accessory equipment for the purpose of upgrading or repairing
the wireless facility is permitted, so long as such repair or upgrade
does not increase the overall size of the wireless facility or the
numbers of antenna.
A.
The following regulations shall apply to all tower-based wireless
facilities that do not meet the definition of a small wireless facility.
(1)
Location standards.
(a)
Tower-based wireless facilities shall not be located in, or
within 100 feet of an underground area.
(c)
The Planning Board may grant an exception to the locational requirements set forth in this § 256-17A(1) upon determining that the siting of a tower-based wireless facility in such locations is not technically feasible and that location of the tower-based wireless facility in another location is necessary to avoid the effective prohibition of service. Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance. Such exceptions shall be limited to nonresidential zoning districts. No tower-based wireless facilities shall be permitted in any Residence or Waterfront Coastal Zone District. Exceptions shall not be approved to override any fire safety or other public safety standard determined to be appropriate by the Village.
[1]
An applicant shall request an exception only at the time the
applicant submits an application in accordance with the requirements
of this article. The Planning Board may consider additional information
provided by the applicant after submittal to supplement the initial
exception request. Any request for an exception after the initial
submission shall be deemed to be a new application.
(2)
Co-location and siting. An application for a new tower-based wireless
facility shall demonstrate that the proposed tower-based wireless
facility cannot be accommodated on an existing or approved structure
or building. The Planning Board may deny an application to construct
a new tower-based wireless facility if the wireless facility applicant
has not made a good faith effort to mount the antenna(s) on an existing
structure. The wireless facility applicant shall demonstrate that
it contacted the owners of tall structures, buildings, and towers
within a one-quarter-mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
(a)
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antenna and accessory equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
(c)
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(3)
Application requirements.
(a)
Any wireless facility applicant proposing the construction of a new tower-based wireless facility, or the substantial modification of an existing tower-based wireless facility, shall first obtain a wireless facility permit. Such wireless facility permit shall be issued by the Village Building Inspector following a completed review by the Village Planning Board in accordance with the requirements of this § 256-17.
(b)
Applications for tower-based wireless facilities shall be submitted
to the Village Building Inspector.
(c)
The Building Inspector shall refer all applications for tower-based wireless facilities proposed in accordance with § 256-17A(1)(c) to the Village Planning Board for review and determination that the application i) is not detrimental to the public health, safety, and welfare; ii) complies with the requirements of this Article IV and all applicable design and development standards; and iii) meets applicable requirements and standards of state and federal law. The Building Inspector shall refer the application to the Planning Board within three business days of the date of the application, provided that it is complete and conforms with the requirements of Article IV hereof. At the time of referral to the Planning Board, the Building Inspector shall cause the application to be referred to the Board of Architectural Review for written recommendation and opinion, which shall not be binding on the Planning Board. A public hearing before the Board of Architectural review is not required.
[1]
Within 10 business days of submission of an application for a tower-based wireless facility proposed in accordance with § 256-17A(1)(c), the tower-based wireless facility applicant shall send notice by certified mail, return receipt requested, to all property owners within 500 feet of the location of the proposed tower-based wireless facility. Such notice shall include, at minimum, a description of the proposed project, including the project location, plans, photo simulations, or renderings that depict the proposed tower-based wireless facility in the context of the natural and built environment, the wireless facility applicant's name, phone number, and email contact information, and information regarding how to request a copy of the complete application. The mailed notice shall also state the date, time, and location of the hearing before the Village Planning Board on the application. In addition to mailed notice, a notice shall be placed at the site of the proposed tower-based wireless facility, as feasible at eye level, describing the proposed project and stating the date, time, and location of the hearing before the Village Planning Board to review the application. To the greatest extent possible, such notice shall be posted for the entire duration that the application is pending decision.
(4)
Applications for tower-based wireless facilities shall include the
following:
(a)
The name and contact information, including phone number and
email address, for both the wireless facility applicant and the owner
of the proposed tower-based wireless facility.
(b)
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the tower-based wireless facility,
all excavation necessary for the development of the wireless facility
site, and a certification that the wireless facility applicant has
included all information required by the Village Code, signed by a
representative of the wireless facility applicant.
(c)
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the tower-based wireless facility.
(d)
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the tower-based wireless facility.
(e)
An aerial photograph of the proposed site showing the area within
1,500 feet of the tower-based wireless facility. The aerial photograph
shall identify all structures within such radius upon which co-location
of the proposed wireless facility was explored by the wireless facility
applicant, along with an explanation as to why the wireless facility
applicant determined that such co-location was not technically feasible.
(f)
Two sets of photo simulations depicting the tower-based wireless
facility from at least three locations near the proposed site. One
set of photo simulations shall depict the proposed tower-based wireless
facility during a season wherein all existing and proposed surrounding
foliage and vegetation is in full bloom. One set of photo simulations
shall account for the deciduous nature of any existing and proposed
surrounding foliage and vegetation. Both photo simulations should
reflect the proposed design and location of all equipment associated
with the tower-based wireless facility.
(g)
A written certification by a structural engineer licensed in
the State of New York confirming that the proposed tower-based wireless
facility and wireless support structure are structurally sound and
shall not endanger public health and safety.
(h)
A report by a qualified engineering expert which shows that
the tower-based wireless facility will comply with applicable FCC
regulations, including applicable standards for radio frequency emissions.
(i)
If the proposed tower-based wireless facility will be located
on a property owned by a party other than the wireless facility applicant,
the wireless facility applicant shall provide evidence that the owner
of such property has authorized the construction of the proposed tower-based
wireless facility.
(l)
All application fees required by the Village as detailed in
the Village fee schedule.
(m)
A Full Environmental Assessment Form.
(5)
Minimum setbacks. The minimum setback from any adjacent property,
right-of-way, residential structure, or commercial structure for a
tower-based wireless facility shall be a distance that is a minimum
of 110% of the height of the tower-based wireless facility. The Village
Planning Board may elect, in its sole discretion, to permit a lesser
setback upon a showing by the wireless facility applicant that the
proposed tower-based wireless facility has been designed in such a
manner that such lesser setback does not in any way endanger public
safety or property.
(6)
Design regulations.
(a)
Height.
[1]
Any tower-based wireless facility shall be designed at the minimum
functional height. All wireless facility applicants must submit documentation
to the Village justifying the total height of the structure. The maximum
total height of any tower-based wireless facility shall not exceed
150 feet above ground elevation.
[2]
Equipment buildings, cabinets, and accessory structures shall
not exceed the maximum height permitted in the underlying zoning district.
(b)
The wireless facility shall employ the most current 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 wireless facility applicant
shall be subject to the approval of the Village.
(c)
Any substantial modification to an existing tower-based wireless
facility shall require the prior approval of the Village. The Village
reserves the right to deny such requests based upon aesthetics and
land use impact, or any other lawful considerations.
(d)
Any proposed tower-based wireless facility shall be designed
structurally, electrically, and in all respects to accommodate both
the wireless facility applicant's antenna and comparable antenna
for future users.
(e)
The Village may require a tower-based wireless facility to be
equipped with an anti-climbing device, as approved by the manufacturer.
(7)
Surrounding environs.
(a)
The wireless facility applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the wireless
facility structure shall be preserved to the maximum extent possible.
(b)
The wireless facility applicant shall submit a soil report to
the Village to document and verify the design specifications of the
foundation of the tower-based wireless facility and anchors for guy
wires, if used.
(8)
Fence/screen.
(a)
A security fence having a height not to exceed eight feet shall
completely surround any tower-based wireless facility and accessory
equipment.
(b)
The tower-based wireless facility and any accessory equipment
shall be screened by vegetation of a type, height and density that
provides for year-round screening. Such screening shall be maintained
in good condition at all times.
(9)
Accessory equipment.
(a)
Ground-mounted accessory equipment associated or connected with
a tower-based wireless facility shall be underground or screened from
public view using stealth technology, landscaping, or such other methods
as deemed acceptable by the Village.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(10)
Engineer inspection. Upon completion of the construction of
a tower-based wireless facility for which a permit has been issued
by the Village, but prior to the activation of the wireless facility,
a structural engineer licensed in the State of New York shall issue
to the Village Building Inspector a certification clearly showing
that the tower-based wireless facility meets the applicable structural
standards of the Electronics Industries Association or Telecommunication
Industry Association, and certifying the proper construction of the
tower-based wireless facility.
(11)
Access road. If deemed necessary by the Village Board of Trustees,
an access road, turnaround space and parking shall be provided to
ensure adequate emergency and service access to tower-based wireless
facility. Maximum use of existing roads, whether public or private,
shall be made to the extent practicable. Road grades shall closely
follow natural contours to assure minimal visual disturbance and minimize
soil erosion. Where applicable, the wireless facility applicant shall
present documentation to the Village that the property owner has granted
an easement or other property right for the proposed facility.
(12)
Historic buildings. No tower-based wireless facility may be
located within 500 feet of any property, or on a building or structure
that is listed on either the National or New York Registers of Historic
Places, located within a historic district, or is included in the
official historic structures list maintained by the Village.
(13)
Signs. All tower-based wireless facilities 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. The only other
signage permitted on the wireless facility shall be those required
by the FCC, or any other federal or state agency.
(14)
Lighting. No tower-based wireless facility shall be artificially
lighted, except as required by law. If lighting is required, the wireless
facility applicant shall provide a detailed plan for sufficient lighting,
demonstrating as unobtrusive and inoffensive an effect as is permissible
under state and federal regulations. The permittee shall promptly
report any outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Village Building Inspector.
(15)
Retention of experts. The Village may hire any consultant(s)
and/or expert(s) necessary to assist the Village in reviewing and
evaluating the application for approval of the wireless facility and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this subsection. The wireless facility
applicant and/or owner of the wireless facility shall reimburse the
Village for all costs of the Village's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
(16)
Financial security. Prior to receipt of a permit for the construction
or placement of a tower-based wireless facility, the wireless facility
applicant shall provide to the Village financial security in the form
of a letter of credit or bond sufficient to guarantee the removal
of the tower-based wireless facility. The amount of said financial
security shall be determined based upon industry standards for removal
and shall remain in place until the tower-based wireless facility
is removed.
A.
The following regulations shall apply to all small wireless facilities
in the Village:
(1)
Location requirements.
(a)
Small wireless facilities inside the public rights-of-way shall be a permitted use in all Village zoning districts, subject to the requirements of this Article IV and generally applicable permitting as required by the Village Code.
(b)
Small wireless facilities, located outside the public rights-of-way, that are co-located on existing structures shall be a permitted use in all Village zoning districts, subject to the requirements of this Article IV and generally applicable permitting as required by the Village Code.
(c)
Small wireless facilities, located outside the public rights-of-way, that require the installation of a new or replacement wireless support structure shall be a permitted use in the following zoning districts, subject to the requirements of this Article IV and generally applicable permitting as required by the Village Code:
(2)
Application procedures.
(a)
All applications for small wireless facilities shall be submitted to the Village Building Inspector and reviewed for compliance with this Article IV.
(b)
Any wireless facility applicant proposing the construction of
a new small wireless facility, or the substantial modification of
an existing small wireless facility within the public right-of-way,
shall first obtain a wireless encroachment permit from the Village
Building Inspector.
(c)
Any wireless facility applicant proposing the construction of a new small wireless facility, or the substantial modification of an existing small wireless facility outside the public right-of-way, shall first obtain a wireless facility permit. Such wireless facility permit shall be issued by the Village Building Inspector following a completed review by the Village Planning Board in accordance with the requirements of this § 256-18.
[1]
The Building Inspector shall refer all applications for small wireless facilities proposed outside the public rights-of-way to the Village Planning Board for review and determination that the application complies with the requirements of this Article IV and the requirements of the Small Wireless Facilities Design Manual, as amended. The Building Inspector shall refer the application to the Planning Board for review and approval within three business days of the date of the application, provided that it is complete and conforms with the requirements of Article IV hereof. At the time of referral to the Planning Board, the Building Inspector shall cause the application to be referred to the Board of Architectural Review for written recommendation and opinion, which shall not be binding on the Planning Board. A public hearing before the Board of Architectural review is not required.
[2]
Within 10 business days of submission of an application for
a small wireless facility outside the public rights-of-way, wireless
facility applicant shall send notice by certified mail, return receipt
requested, to all property owners within 250 feet of the location
of the proposed small wireless facility. Such notice shall include,
at minimum, a description of the proposed project, including the project
location, plans, photo simulations, or renderings that depict the
proposed small wireless facility in the context of the natural and
built environment, the wireless facility applicant's name, phone
number, and email contact information, and information regarding how
to request a copy of the complete application. The mailed notice shall
also state the date, time, and location of the hearing before the
Village Planning Board on the application. In addition to mailed notice,
a notice shall be placed at the site of the proposed small wireless
facility, as feasible at eye level, describing the proposed project
and stating the date, time, and location of the hearing before the
Village Planning Board to review the application. To the greatest
extent possible, such notice shall be posted for the entire duration
that the application is pending decision.
(d)
Applications for small wireless facilities shall include the
following:
[1]
The name and contact information, including phone number, for
both the wireless facility applicant and the owner of the proposed
small wireless facility.
[2]
A cover letter detailing the location of the proposed site,
all equipment being proposed as part of the small wireless facility,
and a certification that the wireless facility applicant has included
all information required by the Village Code, signed by a representative
of the wireless facility applicant.
[3]
A before-and-after depiction of the proposed site, such as a
construction drawing, showing all equipment being proposed as part
of the small wireless facility.
[a]
If the small wireless facility is proposed for
location on an existing or replacement wireless support structure
that currently supports existing attachments, the depiction shall
show the location and dimensions of all such attachments.
[b]
If installation of a new or replacement wireless
support structure is being proposed, the depiction shall include the
color, dimensions, material and type of wireless support structure
proposed.
[4]
The manufacturer and model, proposed location, and physical
dimensions (including volume) of each piece of equipment proposed
as part of the small wireless facility.
[5]
An aerial photograph of the proposed site showing the area within
500 feet of the small wireless facility. The aerial photograph shall
identify all structures within such radius.
[6]
Two sets of photo simulations depicting the small wireless facility
from at least three locations near the proposed site. One set of photo
simulations shall depict the proposed tower-based wireless facility
during a season wherein all existing and proposed surrounding foliage
and vegetation is in full bloom. One set of photo simulations shall
account for the deciduous nature of any existing and proposed surrounding
foliage and vegetation. Both photo simulations should reflect the
proposed design and location of all equipment associated with the
small wireless facility.
[7]
A written certification by a structural engineer licensed in
the State of New York confirming that the proposed small wireless
facility and wireless support structure are structurally sound and
shall not endanger public health and safety.
[8]
A report by a qualified engineering expert which shows that
the small wireless facility will comply with applicable FCC regulations,
including applicable standards for radio frequency emissions.
[11]
All application fees required by the Village as
detailed in the Village fee schedule.
(3)
Franchise required. Any wireless facility applicant seeking to deploy a small wireless facility in the ROW must obtain a franchise from the Village in accordance with the requirements of Chapter 256 of the Village Code.
(4)
Historic buildings. No small wireless facility may be located within
100 feet of any property, or on a building or structure that is listed
on either the National or New York Registers of Historic Places, or
eligible to be so listed, located within a historic district, or is
included in the official historic structures list maintained by the
Village.
(5)
Time, place and manner. The Village shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all small wireless facility in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(6)
Accessory equipment. Small wireless facilities and accessory equipment
located in the public right-of-way 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 Village.
(7)
Tree trimming. No trees shall be removed or trimmed without the written
consent of the Village. Any wireless facility applicant proposing
the removal or trimming of a tree shall include written request for
such removal or trimming as part of a completion application for the
small wireless facility, and the Village may require the wireless
facility applicant to obtain the approval of the Parks and Trees Committee
prior to authorizing such removal or trimming.
(8)
Graffiti. Any graffiti on the small wireless facility shall be removed
at the sole expense of the owner within 10 days of notification by
the Village.
(9)
Design standards. All small wireless facility in the Village shall
comply with the requirements of the Village Small Wireless Facility
Design Manual, as may be amended from time to time by resolution of
the Board of Trustees.
(10)
Relocation or removal of facilities. Within 90 days following
written notice from the Village, or such longer period as the Village
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a small wireless facility in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any wireless facility when the Village,
consistent with its police powers and applicable New York Public Service
Commission regulations, shall determine that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Village or other public improvement in the public right-of-way;
(b)
The operations of the Village or other governmental entity in
the public right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Village.
(11)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small wireless facility in the ROW is subject
to the Village'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 Village'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 Village. The
owner of each small wireless facility shall pay an annual fee to the
Village to compensate the Village for the Village's costs incurred
in connection with the activities described above. Such fees shall
comply with the applicable requirements of the Federal Communications
Commission.
A.
The Village may use any combination of the following enforcement
actions, remedies, and penalties to stop, abate, and enjoin a violation
of this chapter.
(1)
The Building Inspector or their designee may issue a notice of violation
to the person pursuing the activity or activities in violation of
this article. Such violation shall be punishable by a fine not exceeding
$500 per day per occurrence or imprisonment of the permittee's
local executive responsible for the permit, for a period not to exceed
15 days. Each day's continued violation shall constitute a separate
offense. Installation of wireless facilities without a permit shall
result in all fines assessed being doubled.
(2)
The Building Inspector or their designee may issue and serve upon
a person pursuing the activities in violation of this article a stop-work
order requiring that the person stop all activities in violation of
this article.
(3)
Any permit, or other form of authorization required under this chapter,
may be suspended or revoked if the Building Inspector or their designee
determines that:
(a)
There is a failure to comply with the approved plans, specifications,
terms or conditions required under the permit;
(b)
The permit was procured by false representation, or the permittee
otherwise practiced any intentional fraud or misrepresentation to
the Village; or
(c)
The permit was issued in error.
B.
Written notice of suspension or revocation shall be mailed or served
upon the property owner, agent, applicant, or other person to whom
the permit was issued, or such notice may be posted in a prominent
location at the place of violation. No work or construction shall
proceed after service of the notice.
C.
In addition to all other remedies and penalties outlined in this
article, the Building Inspector or their designee may initiate an
action or proceeding for injunction or mandamus or other appropriate
action or proceeding to prevent, abate, or correct a violation of
this article.
