[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley 6-7-1999
by L.L. No. 1-1999. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish regulations
for the siting of wireless communication antennas and towers that are consistent
with the Telecommunications Act of 1996. This chapter is intended to:
(1)
Minimize the total number of towers throughout the community;
(2)
Encourage strongly the joint use of new and existing
antenna and tower sites;
(3)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimized;
(4)
Encourage users of towers and antennas to configure them
in a way that minimizes the adverse visual impact of the towers and antennas;
and
(5)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively and
efficiently.
B.
The classification of personal wireless service facilities
as a special permit use is made solely in recognition of the village's
responsibilities under the Telecommunications Act of 1996, and no presumption
should be derived from this classification that this use is harmonious with
the general zoning plan of the village and will not adversely affect neighborhood
character.
As used in this chapter, the following terms shall have the meanings
indicated:
A device used in communications that converts radio frequency electrical
energy to radiated electromagnetic energy and vice versa; in a transmitting
station, an "antenna" is the device from which radio waves are emitted.
The mounting of personal wireless service facilities used by two
or more persons, firms or corporations on the same equipment mounting structure.
Any structure used primarily to support reception or transmission
equipment, including, but not limited to, antenna support structures, towers
and monopoles.
Commercial mobile services, wireless telecommunications services
using duly authorized devices that do not require individual licenses (excluding
satellite earth station antennas) and common carrier wireless exchanges, including
cellular radiotelephone, specialized mobile radio system and personal communications
services.
A facility for the provision of personal wireless services. A personal
wireless service facility includes an antenna, equipment-mounting structure
and/or accessory buildings and equipment.
Except as specified in § 181-16 (Special permits for sites outside the Personal Wireless Service Facilities Overlay District), all new personal wireless service facilities, and all additions and/or modifications to currently existing personal wireless service facilities, shall be allowed only:
The boundaries of the Personal Wireless Service Facilities Overlay District
are hereby established as shown on the map entitled "Personal Wireless Service
Facilities Overlay District," dated June 7, 1999, and from time to time amended,
which map is hereby made a part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the office of the Village
Clerk.
Applicants for special permits under this chapter shall file with the
Village Building Inspector 12 copies of the following documents:
A.
Site plan. A site plan, in conformance with applicable site plan submission requirements contained in § 167-2 of the Ardsley Code. The site plan shall show elevations, height, width, depth, type of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed personal wireless service facility and such other information that the Board of Trustees requires.
B.
Environmental assessment form. A completed environmental
assessment form (EAF), including the visual EAF addendum. Particular attention
shall be given to visibility from key viewpoints identified in the visual
EAF addendum, existing treelines and proposed elevations.
C.
Visual impact graphic information. Graphic information
that accurately portrays the visual impact of the personal wireless service
facility from various vantage points selected by the Village Building Inspector.
This graphic information should be provided in the form of photographs or
computer-generated images with the personal wireless service facility superimposed.
D.
Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences and materials used. For towers or monopoles, the landscape plan shall also address the criteria set forth in § 181-9.
F.
Map of proposed coverage and existing facilities. A map
showing the area of coverage of the proposed facility and listing all existing
personal wireless service facilities owned or operated by the applicant in
the village and bordering municipalities and a detailed report indicating
why the proposed personal wireless service facility is required to provide
service to locations within the village that the applicant is not able to
serve with existing facilities that are located within and outside the village,
by collocation and otherwise.
G.
Documentation of other personal wireless service facility
sites. If a new site for a personal wireless service facility is proposed,
the applicant shall submit a report setting forth in detail:
(1)
An inventory of existing personal wireless service facilities
within the village, to the extent that this information is available to the
applicant from the Building Department files and other sources;
(2)
An inventory of existing personal wireless service facilities
in other municipalities that can be utilized or modified in order to provide
coverage to the locations the applicant is seeking to serve, to the extent
that this information is available to the applicant; and
(3)
A report on the possibilities and opportunities for collocation
as an alternative to a new site.
H.
Report on existing tall structures. If a new site for
a personal wireless service facility is proposed, the applicant shall submit
a report that, in detail:
(1)
Identifies all existing tall structures, such as water
tanks, utility poles, church spires, etc., in the Personal Wireless Service
Facilities Overlay District; and
(2)
Outlines the possibilities for use of those tall structures
as an alternative to new construction, including a statement as to whether
the owner of the tall structures would permit the location of the proposed
personal wireless service facility on that structure.
I.
Documentation of proposed height. Documentation sufficient
to demonstrate that the proposed height is the minimum height necessary to
provide service to locations that the applicant is not able to serve with
existing facilities within and outside the village.
J.
Structural engineering report.
(1)
A report prepared by a New York State licensed professional
engineer specializing in structural engineering as to the structural integrity
of the personal wireless service facility and its compliance with the New
York State Building Code.
(2)
In the case of a tower or monopole, the structural engineering
report shall describe the structure's height and design, including a
cross section of the structure, demonstrate the structure's compliance
with applicable structural standards and describe the structure's capacity,
including the number of antennas it can accommodate and the precise point
at which the antenna shall be mounted.
(3)
In the case of an antenna mounted on an existing structure,
the structural engineering report shall indicate the ability of the existing
structure to accept the antenna, any modifications to the existing structure
that may be required, the proposed method of affixing the antenna to the structure
and the precise point at which the antenna shall be mounted. In addition,
the report shall certify that the proposed personal wireless service facility
will not diminish the structural integrity and safety of the existing structure.
K.
Engineering analysis of radio emissions.
(1)
An engineering analysis of the radio emissions, and a
propagation map for the proposed personal wireless service facility. The analysis
shall be prepared and signed by a New York State licensed professional engineer
specializing in electrical engineering or a qualified radio technician or
health physicist with expertise in radiocommunication facilities and electromagnetic
energy. The results from the analysis must clearly show that the power density
levels of the electromagnetic energy generated from the proposed facility
are within the allowable limits established by the Federal Communications
Commission (FCC) or, in the absence of limits established by the FCC, by the
American National Standards Institute (ANSI), that are in effect at the time
of the application.
(2)
If the proposed personal wireless service facility would
be collocated with an existing facility or would be located within 250 feet
of another personal wireless service facility, the cumulative effects of the
facilities must also be analyzed. The power density analysis shall be based
on the assumption that all antennas mounted on the proposed facility and any
other facility within 250 feet are simultaneously transmitting radio energy
at a power level equal to the maximum antenna power rating specified by the
antenna manufacturer.
L.
Statement regarding noninterference. A certified statement
by a New York State licensed professional engineer specializing in electrical
engineering or a qualified radio technician that installation of the personal
wireless service facility will not interfere with the radio or television
service enjoyed by adjacent residential and nonresidential properties or with
public safety telecommunications.
M.
Statement regarding collocation. For a new tower or monopole,
a statement by the applicant that the applicant and its successors in interest
will:
(1)
Negotiate in good faith for shared use of the proposed
personal wireless service facility by other personal wireless service providers
in the future;
(2)
Respond in a timely and comprehensive manner to a request
for information from a potential shared use applicant;
(3)
Allow shared use of the new tower if it is technically
and economically feasible and if another personal wireless service provider
agrees, in writing, to pay charges; and
(4)
Make no more than a reasonable charge for shared use,
based on generally accepted accounting principles. The charge may include
but is not limited to a pro rata share of the cost of site selection, planning,
project administration, land costs, site design, construction and maintenance
financing, return on equity and depreciation and all of the costs of adapting
the tower or equipment to accommodate a shared user without causing electromagnetic
interference.
A.
The Board of Trustees shall conduct a public hearing
on the application within 62 days after the completed application is received
by the Building Inspector. The hearing shall be held upon the same notice
as that required for a zoning variance.
B.
In addition to the notice required for a zoning variance,
the applicant shall give 14 days' written notice to the legislative body
of each municipality that borders the village, as well as to the County Planning
Board. Notice shall include the exact location of the proposed personal wireless
service facility and a general description of the project.
The Architectural Review Board shall review the completed application, as required by Chapter 4 of the Ardsley Code.
Applicants for special permits for establishment or construction of
personal wireless service facilities shall meet all of the following criteria:
A.
Necessity. The proposed personal wireless service facility
is required to provide service to locations within the village that the applicant
is not able to serve with existing facilities that are located within and
outside the village, by collocation and otherwise.
B.
Collocation.
(1)
The collocation of existing personal wireless service
facilities only within the Personal Wireless Service Facilities Overlay District
shall be strongly preferred to the construction of new personal wireless service
facilities.
(2)
Approval of a proposal to share space on an existing
personal wireless service facility within the Personal Wireless Service Facilities
Overlay District shall be conditioned upon the applicant's agreement
to pay the reasonable costs of adapting an existing facility to a new shared
use. These costs can include, but are not limited to, structural reinforcement,
prevention of transmission or receiver interference, additional site screening
and other changes required to accommodate shared use.
(3)
If a new site for a personal wireless service facility
is proposed, the applicant must demonstrate that the proposed personal wireless
service facility cannot be accommodated on an existing personal wireless service
facility within the village or on an existing facility in another municipality
due to one or more of the following reasons:
(a)
Service to the locations to which the applicant seeks
to provide service cannot be provided by existing facilities within or outside
the village.
(b)
Adequate and reliable service cannot be provided from
existing sites in a financially and technologically feasible manner consistent
with the applicant's system requirements.
(c)
Existing sites cannot accommodate the proposed personal
wireless service facility due to structural or other engineering limitations,
such as frequency incompatibilities.
(d)
The applicant has been unable to come to a reasonable
agreement to collocate on another personal wireless service facility. The
applicant shall provide the names, addresses, phone and FAX numbers of other
service providers approached, along with a written statement as to why an
agreement to collocate could not be reached.
(e)
Other reasons make it impracticable to place the proposed
equipment on existing and approved personal wireless service facility within
the village or existing facilities in other municipalities.
C.
Location on existing tall structure. Where collocation
is unavailable, location of a personal wireless service facility on a preexisting
tall structure, such as a water tank, utility pole, church spire, etc., shall
be preferred to the construction of a tower or monopole. The applicant must
demonstrate that it has made good faith efforts to locate the personal wireless
service facility on each existing tall structure in the Personal Wireless
Service Facilities Overlay District, but that, for physical, technical and/or
financial reasons, or because of the inability to obtain a lease, the personal
wireless service facility cannot be accommodated on any existing tall structure
in the PWSF District.
D.
Maximum height and size.
(1)
Unless the Federal Communications Commission promulgates
rules to the contrary or the applicant demonstrates to the satisfaction of
the Board of Trustees that a greater height is necessary, the maximum height
for an antenna mounted on another structure shall be six feet above the highest
point of the building or structure on which it is installed. The maximum height
for a tower or monopole shall be 125 feet above ground level or the minimum
height necessary to provide service to locations that the applicant is not
able to serve with existing' facilities within and outside the village,
whichever is less. The Board of Trustees may permit a tower or monopole to
be higher than the minimum necessary to provide service to such locations
if such additional height is necessary to accommodate collocation of other
personal wireless service facilities on the same tower or monopole.
(2)
Accessory structures shall be the minimum size necessary
to house the equipment for the personal wireless service facility, but in
no event shall they be larger than 250 square feet (inside dimensions) per
carrier.
E.
Setbacks. All personal wireless service facilities and
all structures and facilities accessory to personal wireless service facilities,
including but not limited to equipment sheds, parking areas, anchors, bases
and pads, shall comply with the existing setback and dimensional regulations
established for principal structures in the underlying zoning district, except
for the height of a proposed tower or monopole.
F.
Security and signage. Personal wireless service facilities
shall be fenced or otherwise secured in a manner that prevents unauthorized
access by the general public. A sign no larger than two square feet shall
be posted on a personal wireless service facility to provide adequate notification
to persons in the immediate area of the presence of an antenna that has transmit
capabilities. The sign shall also contain the name(s) and emergency telephone
number(s) of the owner(s) and operator(s) of the personal wireless service
facility. In addition, if the personal wireless service facility is mounted
on a roof, any door having access to the roof shall bear a similar sign. If
a fence is required around the personal wireless service facility, the entrance
to the enclosure shall bear a similar sign.
G.
Placement. Unless wall-mounted on an existing roof-mounted
mechanical enclosure or similar appurtenance, all antennas mounted on a roof
shall be located so that visibility of the antenna is limited to the greatest
extent practicable, consistent with the needs of the antenna to transmit an
unobstructed signal. Antennas wall-mounted on a roof-mount mechanical enclosure
or similar appurtenance shall not exceed the height of the appurtenance at
the point of installation.
H.
Future collocation. New personal wireless service facilities
shall be designed to accommodate additional antennas for purposes of collocating.
I.
Design guidelines. The proposed personal wireless service facility shall meet the design guidelines set forth in § 181-9.
J.
Structural engineering standards. The proposed personal wireless service facility shall meet the structural engineering standards referred to in § 181-5J.
K.
Emissions standards. The power density levels of the
electromagnetic energy generated from the proposed personal wireless service
facility must be within the allowable limits established by the FCC.
The proposed personal wireless service facility shall meet the following
design guidelines:
A.
Finish/colors.
(1)
Towers or monopoles not requiring Federal Aviation Administration
(FAA) painting or marking shall either have a galvanized finish or be painted
gray or blue gray above the surrounding treeline and gray, green or tannish
brown below the surrounding treeline.
(2)
If an antenna is installed on a structure other than
a tower or monopole, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or compatible with,
the color of the supporting structure, so as to make the antenna and related
equipment as visually unobtrusive as possible.
B.
Illumination. No signals, lights or illumination shall
be permitted on personal wireless service facilities unless required by the
FAA or other federal, state or local authority. Lighting may be permitted,
however, at an accessory equipment shelter if the Board of Trustees determines
that it is necessary for the security of the personal wireless service facility.
When lighting is used, it shall be shielded to prevent undue impact on the
surrounding neighborhood.
C.
Architectural compatibility.
(1)
Where a personal wireless service facility is to be attached
to an existing building or structure, such facility shall be integrated into
such existing building or structure in a manner that blends with the architectural
characteristics of the building or structure to the maximum extent practicable.
(2)
Accessory structures shall be designed to blend with
the architectural characteristics of neighboring residential structures.
D.
Landscaping.
(1)
Accessory structures shall be landscaped with evergreen
trees or shrubs of sufficient size and density to screen the accessory structure
from residential property or public spaces.
(2)
For towers or monopoles, vegetative screening shall be
provided to effectively screen the tower base, including fencing. At a minimum,
screening shall consist of one row of native evergreen shrubs or evergreen
trees capable of forming a continuous hedge at least 10 feet in height within
two years after planting. Existing vegetation shall be preserved to the maximum
extent practicable and may be used as a substitute of or in supplement toward
meeting landscaping requirements. Additional screening may be required to
screen portions of the structure from nearby residential property or important
views. All landscaping shall be properly maintained to ensure good health
and viability.
E.
Visibility. All personal wireless service facilities
shall be sited to have the least possible adverse visual effect on the environment.
The Board of Trustees may obtain professional planning, technical or
engineering advice to assist it in its review of an application under this
chapter. The expenses of this professional advice shall be paid by the applicant.
A.
The Board of Trustees may approve, approve with conditions
or disapprove the application for a special permit within 62 days after the
public hearing. The period in which the Board of Trustees may take action
may be extended with the consent of the applicant.
B.
In granting a special permit under this title, the Board
of Trustees may impose reasonable conditions that are directly related to
and incidental to the proposed personal wireless service facility.
A.
Time limit for completion. A building permit must be
obtained within 12 months after approval of a special permit for a personal
wireless service facility, and construction of such facility must be completed
within 24 months after such approval. The special permit shall automatically
expire in the event that the Building Department has not granted such permit
and construction of the facility is not completed within the periods set forth
above.
B.
Abandonment. In the event that the use of any personal
wireless service facility has been discontinued for a period of 180 consecutive
days or more, the facility shall be deemed to be abandoned. Determination
of the date of abandonment shall be made by the Building Inspector, who shall
have the right to request documentation from the owner/operator of the facility
regarding usage of that facility. Upon such abandonment, the owner/operator
shall remove the facility at its own expense, and, failing prompt removal,
the village may remove the facility at the owner/operator's expense.
All special permits, variances and approvals of any nature granted by the
village shall automatically expire as of the date of abandonment of the facility.
A.
The owner or operator of every personal wireless service
facility for which a special permit under this chapter is issued shall submit
to the Building Department copies of all licenses and permits required by
other agencies and governments with jurisdiction over the design, construction,
location and operation of such personal wireless service facility and shall
submit evidence of renewal or extension thereof when granted.
B.
Evidence of compliance with FCC emissions standards shall
be submitted to the Building Department on a yearly basis.
A.
A special permit issued under this chapter shall be deemed
to authorize only the particular use or uses specified in the permit and shall
expire upon termination of the use.
B.
A special permit issued under this chapter shall expire
automatically upon the failure to comply with any conditions of the special
permit or the requirements of this chapter.
C.
A special permit may not be assigned or transferred unless
the assignment and transfer is approved by the Board of Trustees.
The Building Department shall maintain a file of all special permits
issued under this title, which file shall include all documents submitted
in connection with the application for the special permit. If the name or
address of the owner or operator of any personal wireless service facility
is changed, the operator must notify the Building Department, in writing,
of the change within 30 days.
In addition to the requirements stated in §§ 181-4 through 181-9, personal wireless service facilities at sites outside the Personal Wireless Service Facilities Overlay District shall be permitted only if a New York State licensed professional engineer specializing in electrical engineering or a qualified radio technician with expertise in radiocommunication facilities establishes to the satisfaction of the Board of Trustees all of the following:
A.
That the personal wireless service facility is needed
to provide coverage to an area of the village that currently has inadequate
coverage and is of the minimum height and aesthetic intrusion necessary to
provide that coverage;
B.
That all reasonable measures in siting the personal wireless
service facility within the Personal Wireless Service Facilities Overlay District
have been exhausted; and
C.
That technical or space limitations prevent location
or collocation in the Personal Wireless Service Facilities Overlay District.
Alteration of an existing personal wireless service facility that results
in an increase in the size, height or electromagnetic emission of the personal
wireless service facility shall be permitted only after application to the
Board of Trustees, which shall review the matter as if the alteration were
an entirely new application for a special permit.
As a condition of granting any special permit for the construction of
a tower or monopole under this title, the Board of Trustees shall require
the applicant to post a bond, in the amount determined by the Board of Trustees,
based on engineering estimates, to cover the cost of removing and disposing
of the tower or monopole, The bond shall be maintained for so long as the
tower or monopole remains in place. From time to time the Board of Trustees
may adjust the amount of the bond and require the submission of a new or modified
bond, based on engineering estimates of the cost of removing and disposition
of the tower or monopole.
The following are exempt from the provisions of this chapter:
A.
Machines and equipment designed and marketed as consumer
products, such as walkie-talkies, ham radios not used for commercial purposes,
remote control toys and cellular phones;
B.
Hand-held, mobile, marine and portable radiocommunication
transmitters and/or receivers;
C.
Two-way radios utilized for temporary or emergency service
communications;
D.
Two-way radios utilized for government service communications;
E.
Back-up wireless transmitters connected to an alarm monitoring
service that transmits to a remote monitoring center in the event of an emergency
when the telephone lines are inoperable; and
F.
Over-the-air receive-only devices in compliance with
FCC rules and standards.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements adopted for the promotion of the
public health, safety and general welfare of the residents of the village.
This chapter is not intended to interfere with, abrogate or annul other rules,
regulations or ordinances, provided that whenever the requirements of this
chapter are at variance with the requirements of any other lawfully adopted
regulations, rules or ordinances, the most restrictive, or those that impose
the highest standards, shall govern.
