[Added 11-21-2000 by L.L. No. 4-2000]
This article shall be known and may be cited
as the "Regulation of Wireless Telecommunications Towers and Facilities."
A.
The Telecommunications Act of 1996 (hereinafter referred
to as the "Act") was enacted by the United States Congress to provide
a more competitive environment for wireless communication services
in the United States by deregulating the telecommunications industry.
The Act preserves the authority of local government to regulate the
placement, construction and modification of personal wireless services
antennas, towers and accessory structures in order to protect the
health, safety and welfare of the public.
B.
The purpose of this article is to establish predictable
and balanced regulations for the siting and screening of personal
service antennas, towers and accessory structures. The establishment
of such regulations is to accommodate the growth of such systems within
the Incorporated Village of Lindenhurst (hereinafter referred to as
the "Village"). Such regulations will further serve to protect the
public against any adverse impacts on aesthetic resources. Additionally,
the regulations will eliminate potential damage to adjacent properties
from tower failure through structural standards and setback requirements.
Finally, the regulations set forth in this article will reduce the
number of towers needed to service the community by maximizing the
use of existing towers and structures.
C.
This article is intended to regulate the placement,
construction and modification of towers and telecommunications facilities
in order to protect the health, safety and welfare of the public,
while at the same time not unreasonably interfere with the development
of the competitive wireless telecommunications marketplace in the
Village. Specifically, this article is intended to:
(1)
Regulate the location of the towers and telecommunications
facilities in the Village.
(2)
Protect residential areas and land uses from potential
adverse impacts of towers and telecommunications facilities.
(3)
Minimize adverse visual impacts of towers and telecommunications
facilities through careful design, siting, landscaping and innovative
camouflaging techniques.
(4)
Promote and encourage shared use/collocation of towers
and antenna support structures as a primary option, rather than construction
of additional single-use towers.
(5)
Promote and encourage utilization of technological
designs that will either eliminate or reduce the need for the erection
of new tower structures to support antenna and telecommunications
facilities.
(6)
Avoid potential damage to property caused by towers
and telecommunications facilities by ensuring that such structures
are soundly and carefully designed, constructed, modified, maintained
and removed when no longer used, or determined to be structurally
unsound.
(7)
Ensure that towers and telecommunications facilities
are compatible with surrounding land uses.
D.
The Communications Act of 1934, as amended by the
Act, grants the Federal Communications Commission (FCC) exclusive
jurisdiction over:
E.
The Village's regulation of towers and telecommunications
facilities in the Village will not have the effect of prohibiting
any person from providing wireless telecommunications services in
violation of the Act.
The following words, terms and phrases, when
used in this article, shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different meaning:
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services. The term "accessory structures" does not include
offices, long-term storage of vehicles or other equipment storage
or broadcast studios.
The actual device which transmits and/or receives radio or
electromagnetic waves.
Any building or structure, other than a tower, which can
be used for location of telecommunications facilities.
Any person that applies for a tower development permit.
The process by which the owner of a parcel of land within
the Village submits a request to develop, construct, build, modify
or erect a telecommunications facility or tower upon such parcel of
land. "Application" includes all written documentation, verbal statements
and representations, in whatever form or forum, made by an applicant
to the Village concerning such a request.
Any engineer licensed by the State of New York.
Any person with fee title or a long-term (exceeding 10 years)
leasehold to any parcel of land within the Village who desires to
develop, or construct, build, modify or erect a tower upon such parcel
of land.
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not for profit.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
Any tower or telecommunications facility which is designated
to enhance compatibility with adjacent land uses, including, but not
limited to, architecturally screened roof-mounted antennas, antennas
integrated into architectural elements and towers designed to look
other than like a tower such as light poles, power poles and trees.
The term "stealth" does not necessarily exclude the use of uncamouflaged
lattice or monopole tower designs.
Any cables, wires, lines, wire guides, antennas and any other
equipment or facilities associated with the transmission or reception
of communications which a person seeks to locate, or has installed,
upon or near a tower or antenna support structure. However, telecommunications
facilities shall not include:
A self-supporting lattice or monopole structure constructed
from grade which supports telecommunications facilities. The term
"tower" shall not include amateur radio operators' equipment as licensed
by the FCC.
A.
No telecommunications facility or tower shall hereafter
be used, erected, changed or altered except after obtaining a special
use permit in conformity with this article.
B.
The Board of Trustees is hereby authorized to review
and approve, approve with modifications or disapprove special use
permits pursuant to this article. The Board of Trustees shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed antenna,
tower or accessory structures.
C.
A special use permit issued by the Board of Trustees
shall be effective for a period of five years, which shall be renewable
thereafter upon reapplication by the applicant and the payment of
the fee referenced herein.
The Board of Trustees shall conduct a public
hearing within 60 days from the day a complete application is received.
The Board of Trustees shall issue a decision within 60 days after
the hearing. Any denial of a permit under this article shall be in
writing and shall be supported by substantial evidence.
No person shall build, erect or construct a
tower upon any parcel of land within any zoning district within the
Village unless a special use permit shall have been issued by the
Board of Trustees after approval by the Board of Trustees.
A.
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 125 feet above the ground upon which the antenna is placed. Towers may be permitted in excess of 125 feet in accordance with § 193-232, "Criteria for site plan development modifications."
B.
No new tower shall be built, constructed or erected
in the Village unless the tower is capable of supporting another person's
operating telecommunications facilities comparable in weight, size
and surface area to the telecommunications facilities installed by
the applicant on the tower within six months of the completion of
the tower construction.
C.
An application to develop a tower shall include:
(1)
The name, address and telephone number of the owner
and lessee of the parcel of land upon which the tower is to be situated.
If the applicant is not the owner of the parcel of land upon which
the tower is to be situated, the written consent of the owner shall
be evidenced in the application.
(2)
The legal description and address of the parcel of
land upon which the tower is to be situated.
(3)
The names, addresses and telephone numbers of all
owners of other towers or usable antenna support structures within
a one-half-mile radius of the proposed new tower site, including Village-owned
property, provided that same are readily available from public sources.
(4)
A description of the design plan proposed by the applicant
in the Village. The applicant must identify its utilization of the
most recent technological design, including microcell design, as part
of the design plan. The applicant must demonstrate the need for towers
and why design alternatives, such as the use of microcell, cannot
be utilized to accomplish the provision of the applicant's telecommunications
services.
(5)
An affidavit attesting to the fact that the applicant
made diligent, but unsuccessful, efforts to obtain permission to install
or collocate the applicant's telecommunications facilities on Village-owned
towers or usable antenna support structures located within a three-quarter-mile
radius of the proposed tower site.
(6)
An affidavit attesting to the fact that the applicant
made diligent, but unsuccessful, efforts to install or collocate the
applicant's telecommunications facilities on towers owned by other
persons located within a three-quarter-mile radius of the proposed
tower site and describing whether any reasonable opportunity exists
to locate such facilities on usable antenna support structures owned
by such other persons within such three-quarter-mile radius.
(7)
Written technical evidence from an engineer that the
proposed tower or telecommunications cannot be installed or collocated
on another person's tower located within a three-quarter-mile radius
of the proposed tower site and describing the viability of locating
such facilities on usable antenna support structures owned by other
persons within such three-quarter-mile radius.
(8)
A written statement from an engineer that the construction
and placement of the tower will not interfere with public safety communications
and the usual and customary transmission or reception of radio, television
or other communications services enjoyed by adjacent residential and
nonresidential properties.
(9)
Written, technical evidence from an engineer that the proposed structure meets the standards set forth in § 193-220, "Structural requirements," of this article.
(10)
Written, technical evidence from a qualified
engineer acceptable to the Fire Marshall and the Building Inspector
that the proposed site of the tower or telecommunications facilities
does not pose a risk of explosion, fire or other danger to life or
property due to its proximity to volatile, flammable, explosive or
hazardous materials such as LP gas, propane, gasoline, natural gas
or corrosive or other dangerous chemicals.
(11)
In order to assist Village staff and the Board
of Trustees in evaluating visual impact, the applicant shall submit
color photo simulations showing the proposed site of the tower with
a photorealistic representation of the proposed tower as it would
appear viewed from the closest residential property and from adjacent
roadways, including "before" and "after" views.
(12)
The Act gives the FCC sole jurisdiction of the
field of regulation of RF emissions and does not allow the Village
to condition or deny, on the basis of RF impacts, the approval of
any telecommunications facilities (whether mounted on towers or antenna
support structures) which meet FCC standards. Antennas and towers
shall be subject to state and federal regulations pertaining to nonionizing
radiation and other health hazards related to such facilities. In
order to provide information to its citizens, the Village shall make
available, upon request, copies of ongoing FCC information and RF
emission standards for telecommunications facilities transmitting
from towers or antenna support structures. Applicants shall be required
to submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC standards.
Applicants shall submit evidence of compliance with FCC standards
on a yearly basis to the Village. If new, more restrictive standards
are adopted, the antennas shall be made to comply or continued operations
may be restricted by the Board of Trustees. The cost of verification
of compliance shall be borne by the owner and operator of the tower.
D.
The use of guyed towers is prohibited. Towers must
be self-supporting without the use of wires, cables, beams or other
means. The design should utilize an open framework or monopole configuration.
Permanent platforms or structures, exclusive of antennas that serve
to increase off-site visibility, are prohibited.
E.
The base of the tower shall occupy not more than 500
square feet.
F.
Minimum spacing between tower locations is three-fourths
of a mile.
G.
The Board of Trustees may require an applicant to
supplement any information that the Board of Trustees considers inadequate
or that the applicant has failed to supply. The Board of Trustees
may deny an application on the basis that the applicant has not satisfactorily
supplied the information required in this subsection.
All towers erected, or located within the Village,
shall comply with the following requirements:
A.
A proposal for a tower shall not be approved unless
the Board of Trustees finds that the antenna planned for the proposed
tower cannot be accommodated on an existing or approved tower or building
within a one-mile search radius (one-half-mile search radius for towers
under 120 feet in height, one-quarter-mile search radius for towers
under 80 feet in height) of the proposed tower due to one or more
of the following reasons:
(1)
The antenna would exceed the structural capacity of
the existing or approved tower or building, as documented by a qualified
professional engineer, and the existing or approved tower cannot be
reinforced, modified or replaced to accommodate the planned or equivalent
antenna at a reasonable cost.
(2)
The antenna would cause interference materially impacting
the usability of other existing or planned antennas at the tower or
building as documented by a qualified professional engineer, and the
interference cannot be prevented at a reasonable cost.
(3)
Existing or approved towers and buildings within the
search radius cannot accommodate the antenna at a height necessary
to function reasonably, as documented by a qualified professional
engineer.
(4)
Other foreseen reasons that make it infeasible to
locate the antenna upon an existing or approved tower or building.
(5)
It is otherwise preferable to use an alternate site
for reasons related to encouraging collocation.
B.
Design of proposed towers.
(1)
Any proposed tower shall be designed, structurally,
electrically and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least two additional users
if the tower is over 100 feet in height or for at least one additional
user if the tower is over 60 feet in height. Towers must be designed
to allow for future rearrangement of antennas upon the tower and to
accept antennas mounted at varying heights.
(2)
The applicant shall submit to the Board of Trustees
a letter of intent committing the applicant, and his/her successors
in interest, to negotiate in good faith for shared use of the proposed
tower by other personal wireless service providers In the future.
The issuance of a special use permit (assuming the tower is approved
according to this section) shall commit the new tower owner and his/her
successors in interest to:
(a)
Respond in a timely comprehensive manner to
a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the new tower by other personal wireless service
providers.
(c)
Allow shared use of the new tower if another
personal wireless service provider agrees in writing to pay charges.
(d)
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.
C.
In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall
structure or existing tower in a neighboring municipality be considered
for shared use, the Board of Trustees shall require that:
(1)
An applicant who proposes a new tower shall notify,
in writing, the legislative body of each municipality that borders
the Village and the County Planning Commission. Notification shall
include the exact location of the proposed tower and a general description
of the project, including, but not limited to, the height of the tower
and its capacity for future shared use.
(2)
Documentation of this modification shall be submitted
to the Board of Trustees at the time of application.
A.
All proposed wireless telecommunications facilities
shall be set back from abutting parcels, recorded rights-of-way and
road and street lines a distance sufficient to substantially contain
on-site ice-fall or debris from a tower or tower failure and to preserve
the privacy and sanctity of any adjoining properties.
B.
Wireless telecommunications facilities shall be located
with a minimum setback from any property line a distance equal to
the height of the wireless telecommunications facility or the existing
setback requirement of the underlying zoning district, whichever is
greater. Further, any accessory structure shall be located so as to
comply with the applicable minimum setback requirements for the property
on which it is situated.
C.
Setback requirements may be modified when placement
of a tower in a location which will reduce the visual impact can be
accomplished; for example, adjacent to trees which may visually hide
the tower.
D.
A tower's setback may be reduced in the sole discretion
of the Board of Trustees to allow the integration of a tower into
an existing, or proposed, structure such as a church steeple, light
pole, power line or similar structure. Towers located on municipal
property shall be exempt from lot size and setback requirements.
All towers must be designed and certified by
an engineer to be structurally sound and, at minimum, in conformance
with the Village Code and any other standards outlined in this article.
All towers in operation shall be affixed to land.
A.
For the purpose of this article, the separation distances
between towers shall be measured by drawing or following a straight
line between the base of the existing or approved structure and the
proposed base, pursuant to a site plan, of the proposed tower. Tower
separation distances from residentially zoned lands shall be measured
from the base of a tower to the closest point of residentially zoned
property. The minimum tower separation distances from residentially
zoned land and from other towers shall be calculated and applied irrespective
of Village jurisdictional boundaries.
B.
Towers shall be separated from all residentially zoned
lands by a minimum of 150 feet, except where circumstances dictate
less separation to be in the best interest of the public's health,
safety and welfare. Towers shall be separated from schools by a minimum
of 1,000 feet, except where circumstances dictate less separation
to be in the best interest of the public's health, safety and welfare.
C.
Proposed towers must be the minimum separation requirements
of 3/4 of a mile from existing towers or towers which have a special
use permit but are not yet constructed at the time a special use permit
is granted pursuant to this article.
Measurement of tower height for the purpose
of determining compliance with all requirements of this article shall
include the tower structure itself, the base pad and any other telecommunications
facilities attached thereto which extend more than 20 feet over the
top of the tower structure itself. Tower height shall be measured
from grade.
Towers shall not be artificially lighted, except
as required by the Federal Aviation Administration or other federal
or state authority for a particular tower. Upon commencement of construction
of a tower, in cases where there are residential uses located within
a distance which is 300% of the height of the tower from the tower
and when required by federal law, dual-mode lighting shall be requested
from the Federal Aviation Administration.
Antennas, towers and accessory structures shall
be designed to blend into the surrounding environment through the
use of color and camouflaging architectural treatment, except in instances
where the color is indicated by federal or state authorities such
as the Federal Aviation Administration. Every antenna, tower and accessory
structure shall be of neutral colors that are harmonious with, and
that blend with, the natural features, buildings and structures surrounding
such antenna and structure; provided, however, that directional or
panel antennas and omnidirectional or whip antennas located on the
exterior of a building that will also serve as an antenna tower shall
be of colors that match, and cause the antenna to blend with, the
exterior of the building. Accessory structures will be designed to
be architecturally compatible with principal structures on the site.
All landscaping on a parcel of land containing
towers, antenna support structures or telecommunications facilities
shall be in accordance with the applicable landscaping requirements
in the zoning district where the tower, antenna support structure
or telecommunications facilities are located. The Village may require
landscaping in excess of the requirements in the Village Code in order
to enhance compatibility with adjacent land uses. Landscaping shall
be installed on the outside of any fencing. Existing on-site vegetation
shall be preserved to the maximum extent practicable. The base of
the tower and any accessory structures shall be landscaped. Towers
and accessory structures shall be provided with security fencing to
prevent unauthorized entry.
The Board may require the following depending
on the location of the tower:
All towers shall be of stealth design.
A.
The application for telecommunications facilities
on antenna support structures shall include all information necessary
to a tower permit to the extent determined by the Building Department.
B.
Any telecommunications facilities which are not attached
to a tower may be permitted on any antenna support structure at least
50 feet tall, regardless of zoning restrictions applicable to the
zoning district where the structure is located. Telecommunications
facilities are prohibited on all other structures. The owner of such
structure shall, by written certification to the Board of Trustees,
establish the following at the time plans are submitted for a special
use permit:
(1)
That the height from grade of the telecommunications
facilities shall not exceed the height from grade of the antenna support
structure by more than 20 feet.
(2)
That any telecommunications facilities and their appurtenances,
located above the primary roof of an antenna support structure, are
set back one foot from the edge of the primary roof for each one foot
in height above the primary roof of the telecommunications facilities.
This setback requirement shall not apply to telecommunications facilities
and their appurtenances, located above the primary roof of an antenna
support structure, if such facilities are appropriately screened from
view through the use of panels, walls, fences or other screening techniques
approved by the Village. Setback requirements shall not apply to stealth
antennas which are mounted to the exterior of antenna support structures
below the primary roof, but which do not protrude more than 18 inches
from the side of such an antenna support structure.
A.
A tower existing prior to the effective date of this article, which was in compliance with the Village's Code immediately prior to the effective date of this article, may continue in existence as a nonconforming structure. Such nonconforming structure may be modified or demolished and rebuilt without complying with any of the additional requirements of this article, except for § 193-221, "Separation or buffer requirements," § 193-230, "Certification and inspections," § 193-231, "Maintenance," provided that:
(1)
The tower is being modified or demolished and rebuilt
for the sole purpose of accommodating, within six months of the completion
of the modification or rebuild, additional telecommunications facilities
comparable in weight, size and surface area to the discrete operating
telecommunications facilities of any person currently installed on
the tower.
(2)
An application for a special use permit is made to
the Board of Trustees, which shall have the authority to issue a special
use permit without further approval. The grant of a special use permit
pursuant to this section allowing the modification or demolition and
rebuild of an existing nonconforming tower shall not be considered
a determination that the modified or demolished and rebuilt tower
is conforming.
(3)
The height of the modified or rebuilt tower and telecommunications
facilities attached thereto do not exceed the maximum height allowed
under this article.
B.
Except as provided in this article, a nonconforming
structure or use may not be enlarged, increased in size or discontinued
in use for a period of more than 180 days. This article shall not
be interpreted to legalize any structure or use existing at the time
this article is adopted, which structure or use is in violation of
the Village Code prior to enactment of this article.
A.
All towers and telecommunications facilities shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers and telecommunications facilities, such certification shall be submitted with an application pursuant to § 193-215 of this article and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this article and then every five years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
B.
The Village or its agents shall have authority to
enter onto the property upon which a tower or telecommunications facility
is located, between the inspections and certifications required above,
to inspect the tower for the purpose of determining whether it complies
with the Village Code and all other construction standards provided
by the Village Code and federal and state law.
C.
The Village reserves the right to conduct such inspections
at any time, upon reasonable notice to the owner. All expenses related
to such inspections by the Village shall be borne by the tower owner.
A.
Telecommunications facility owners shall at all times
employ ordinary and reasonable care and shall install and maintain
in use nothing less than commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage,
injuries or nuisances to the public.
B.
Telecommunications facility owners shall install and
maintain towers, telecommunications facilities, wires, cables, fixtures
and other equipment in substantial compliance with the requirements
of the National Electric Safety Code and all FCC, state and local
regulations, and in such manner that will not interfere with the use
of other property.
C.
All towers, telecommunications facilities and antenna
support structures shall at all times be kept and maintained in good
condition, order and repair so that the same shall not menace or endanger
the life or property of any person.
D.
All maintenance or construction of towers, telecommunications
facilities or antenna support structures shall be performed by licensed
maintenance and construction personnel.
E.
All telecommunications facilities shall maintain compliance
with current RF emission standards of the FCC.
F.
In the event that the use of a telecommunications
facility is discontinued by the owner, the owner shall provide written
notice to the Village of its intent to discontinue use and the date
when the use shall be discontinued.
Notwithstanding the requirements provided in
this article, a modification to the requirements may be approved by
the Board of Trustees as a conditional use in accordance with the
following:
A.
In addition to the requirement for an application,
the application for modification shall include the following:
(1)
A description of how the plan addresses any adverse
impact that might occur as a result of approving the modification.
(2)
A description of off-site or on-site factors which
mitigate any adverse impacts which might occur as a result of the
modification.
(3)
A technical study that documents and supports the
criteria submitted by the applicant upon which the request for modification
is based. The technical study shall be certified by an engineer and
shall document the existence of the facts related to the proposed
modifications and its relationship to surrounding rights-of-way and
properties.
(4)
For a modification of the setback requirement, the
application shall identify all parcels of land where the proposed
tower could be located, attempts by the applicant to contact and negotiate
an agreement for collocation and the result of such attempts.
(5)
The Board of Trustees may require the application
to be reviewed by an independent engineer under contract to the Village
to determine whether the antenna study supports the basis for the
modification requested. The costs of the review by the Village's engineer
shall be reimbursed to the Village by the applicant.
B.
The Board of Trustees shall consider the application
for modification based on the following criteria:
(1)
That the telecommunications facility as modified will
be compatible with and not adversely impact the character and integrity
of surrounding properties.
(2)
Off-site or on-site conditions exist which mitigate
the adverse impacts, if any, created by the modification.
(3)
In addition, the Board of Trustees may include conditions
on the site where the telecommunications facility is to be located
if such conditions are necessary to preserve the character and integrity
of the neighborhoods affected by the proposed tower and mitigate any
adverse impacts which arise in connection with the approval of the
modification, and encourage the legislative intent expressed herein.
A.
The Board may hire any consultants and/or experts
necessary to assist the Board in reviewing and evaluating the application
and any requests for recertification.
B.
An applicant shall deposit with the Village funds
sufficient to reimburse the Village for all reasonable costs of consultant
and expert evaluation and consultation to the Board in connection
with the review of any application. The initial deposit shall be $7,500.
These funds shall accompany the filing of an application, and the
Village will maintain a separate escrow account for all such funds.
The Village's consultants/experts shall bill or invoice the Village
no less frequently than monthly for its services in reviewing the
application and performing its duties. If at any time during the review
process this escrow account has a balance less than $2,500, the applicant
shall immediately, upon notification by the Village, replenish said
escrow account so that it has a balance of at least $2,500. Such additional
escrow funds must be deposited with the Village before any further
action or consideration is taken on the application. In the event
that the amount held in escrow by the Village is more than the amount
of the actual billing or invoicing at the conclusion of the review
process, the difference shall be promptly refunded to the applicant.
C.
The total amount of the funds required to review an
application may vary with the scope and complexity of the project,
the completeness of the application and other information as may be
needed by the Board or its consultant/expert to complete the necessary
review and analysis. Additional escrow funds, as required by the Village,
shall be paid by the applicant.
Prior to the approval of any application for
a special permit for wireless telecommunications facilities, a public
hearing shall be held by the Board, notice of which shall be published
in the official newspaper of the Village no less than 10 calendar
days prior to the scheduled date of the public hearing. In order that
the Village may notify nearby landowners, the applicant, at least
three weeks prior to the date of said public hearing, shall be required
to provide names and address of all landowners whose property is located
within 500 feet of any property line of the lot on which the new wireless
telecommunications facilities are proposed to be located.
A.
If any tower or telecommunications facility shall
cease to be used for a period of 180 consecutive days, the Board of
Trustees shall notify the owner, with a copy to the applicant, that
the site will be subject to a determination by the Board of Trustees
that such site has been abandoned. The owner shall have 30 days from
receipt of said notice to show, by a preponderance of the evidence,
that the tower or telecommunications facility has been in use or under
repair during the period. If the owner fails to show that the tower
or telecommunications facility has been in use or under repair during
the period, the Board of Trustees shall issue a final determination
of abandonment; the owner shall, within 75 days, dismantle and remove
the tower or telecommunications facility.
B.
In the event that a tower or telecommunications facility
is not removed within the relevant time period, the tower and associated
facilities may be removed by the Village and the costs of removal
assessed against the owner.
C.
Unused portions of towers above a manufactured connection
shall be removed within six months of the time of antenna relocation.
The replacement of portions of a tower previously removed requires
the issuance of a new special use permit.
If any clause, section or other part of this
article shall be held invalid or unconstitutional by any court of
competent jurisdiction, the remainder of this article shall not be
affected thereby, but shall remain in full force and effect.
All local laws or parts of local laws in conflict
herewith are hereby repealed.
The use of any portion of a tower or telecommunications
facilities for signs other than warning or equipment information signs
is prohibited.
The operator of every tower, antenna and accessory
structure 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 tower,
antenna and accessory structure and shall maintain such licenses and
permits and provide evidence of renewal or extension thereof when
granted.
Every special use permit granting approval of
an antenna, tower or accessory structure shall state that any assignment
or transfer of the special use permit or of any rights thereunder
may be made only with the approval of the Village.
The special use permit shall be subject to review
by the Board of Trustees at five-year intervals to determine the following:
Upon initial application for a special use permit
for the maintenance of a tower, antenna or accessory structure pursuant
to this article, and upon subsequent renewals of such special use
permit, the applicant shall pay a fee to the Village as shall be set
from time to time by resolution of the Board of Trustees.
