[HISTORY: Adopted by the Board of Trustees of the Village of New
Hyde Park 11-8-2001 by L.L. No. 5-2001.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Regulation of Wireless
Telecommunications Towers and Facilities."
A.
On February 8, 1996, the United States Congress enacted
the Telecommunications Act of 1996 (hereinafter referred to as the "Act").
The purpose of the Act is to provide a more competitive environment for wired
and 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 chapter is to establish predictable
and balanced regulations for the siting and screening of personal services
antennas, towers, and accessory structures. The establishment of such regulations
is to accommodate the growth of such systems within the Incorporated Village
of New Hyde Park (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 chapter will reduce
the number of towers needed to service the community by maximizing the use
of existing towers and structures.
C.
This chapter 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 interfering with the development of the competitive wireless
telecommunications marketplace in the Village. Specifically, this chapter
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 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 such structures are soundly and
carefully designed, constructed, modified, maintained, and removed when no
longer used or determined to be structurally unsound; and
(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 chapter,
shall have the meaning ascribed to them in this section, except where the
context clearly indicates a different meaning:
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 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.
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.
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 designed 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, wave 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 antenna or tower shall hereafter be used, erected,
changed or altered except after obtaining a special use permit in conformity
with this chapter.
B.
The Board of Trustees is hereby authorized to review
and approve, approve with modifications, or disapprove special use permits
pursuant to this chapter. 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.
The Board of Trustees shall conduct a public hearing within 60 days
from the day an application is received. The Board of Trustees shall issue
a decision within 40 days after the hearing. A hearing shall not be deemed
complete until all compliance with the State Environmental Quality Review
Act (SEQRA), General Municipal Law § 239-m and all other applicable
laws shall have been fulfilled. Any denial of a permit under this chapter
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 150 feet above the ground upon which the antenna is placed. Towers may be permitted in excess of 150 feet in accordance with § 193-21, 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.
(4)
A description of the design plan proposed by the applicant
in the Village. 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 one-half-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 or usable antenna support structures
owned by other persons located within a one-half-mile radius of the proposed
tower site.
(7)
Written technical evidence from an engineer that the
proposed tower or telecommunications facilities cannot be installed or collocated
on another person's tower or usable antenna support structures owned
by other persons located within a one-half-mile radius of the proposed tower
site.
(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 § 193-9, Structural requirements, of this chapter.
(10)
Written technical evidence from a qualified engineer
acceptable to the Fire Marshal 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 photo-realistic representation
of the proposed tower as it would appear viewed from the closest residential
property and from adjacent roadways.
(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.
(13)
A cash deposit or bond from a surety company that is
an admitted carrier in the State of New York and has a Best's rating
of B- or better, or a Best's rating of 4 or better.
(a)
The cash deposit or bond must be in an amount set by
the Board of Trustees equal to 200% of the estimated cost of removing any
telecommunications facility and of restoring the site if it is abandoned or
if the special use permit for such facility is not renewed.
(b)
In the event that the owner and/or applicant shall fail
to secure a renewal of its special use permit or if the telecommunications
facility is determined by the Board of Trustees to have been abandoned, the
Village Clerk shall give reasonable notice to the owner and/or applicant to
remove the facility and restore the property. In the event that the owner
and/or applicant shall fail to timely comply with said notice, the Village
Clerk shall cause such removal and restoration to take place and shall deduct
the actual costs incurred by the Village from the cash deposit or shall make
a claim upon the bond submitted pursuant to this section.
(c)
Any penalty or fine imposed in favor of the Village by
any court or agency having jurisdiction shall also be paid from the cash deposit
or the bond.
(d)
The required cash deposit or bond must be maintained
at all times.
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, and the top of the tower shall be no longer than the base.
F.
Minimum spacing between tower locations is 1/4 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 antenna 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.
B.
Design and negotiation.
(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.
Towers and all accessory structures shall conform with each of the following
minimum setback requirements:
A.
All towers up to 100 feet in height shall be set back
on all sides a distance equal to the underlying setback requirement in the
applicable zoning district. Towers in excess of 100 feet in height shall be
set back one additional foot per each foot of tower height in excess of 100
feet.
B.
Setback requirements for towers shall be measured from
the base of the tower to the property line of the parcel of land on which
it is located.
C.
Setback requirements may be modified, as provided in § 193-21B(1), 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.
The minimum setbacks of the underlying zoning district
shall be met with the exception of industrial zoning districts, where towers
and accessory structures may encroach into the rear setback area, provided
that the real property line abuts another industrially zoned property and
the tower does not encroach upon any easements.
E.
Towers and accessory structures shall be set back from
the planned public rights-of-way as shown on the most recently adopted plan
or map of the Village showing such rights-of-way, by a minimum distance equal
to one half of the height of the tower including, all antennas and attachments.
F.
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.
All towers must be designed and certified by an engineer to be structurally
sound and, at a minimum, in conformance with the Village Code, and any other
standards outlined in this chapter. All towers in operation shall be affixed
to land.
A.
For the purpose of this chapter, 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 200 feet or 200 percent of the height of the proposed
tower, whichever is greater.
C.
Proposed towers must meet the following minimum separation
requirements 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 chapter:
(1)
Monopole tower structures shall be separated from all
other towers, whether monopole or self-supporting lattice, by a minimum of
750 feet.
(2)
Self-supporting lattice towers by a minimum of 1,500
feet.
(3)
Self-supporting lattice tower structures shall be separated
from all monopole towers by a minimum of 750 feet.
Measurement of tower height for the purpose of determining compliance
with all requirements of this chapter 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 is 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.
A parcel of land upon which a tower is located must provide access to
at least one paved vehicular parking space on site. A road and parking will
be provided to assure adequate emergency and service access. Maximum use of
existing roads, public or private, shall be made.
All towers shall be of stealth design.
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 the 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:
A.
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;
B.
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 chapter, which was in compliance with the Village's Code immediately prior to the effective date of this chapter, 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 chapter, except for §§ 193-10, Separation or buffer requirements, 193-19, Certification and inspections, and 193-20, Maintenance, provided:
(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 chapter.
B.
Except as provided in this chapter, 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 chapter shall not be interpreted to legalize
any structure or use existing at the time this chapter is adopted, which structure
or use is in violation of the Village Code prior to enactment of this chapter.
A.
All towers 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, such certification shall be submitted with an application pursuant to § 193-4 of this chapter and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this chapter and then every two 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 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 tower owner. All expenses related
to such inspections by the Village shall be borne by the tower owner.
A.
Tower 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.
Tower 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 towers shall maintain compliance with current RF
emission standards of the FCC.
F.
In the event that the use of a tower is discontinued
by the tower owner, the tower owner shall provide written notice to the Village
of its intent to discontinue use and the date when the use shall be discontinued.
A.
Notwithstanding the tower requirements provided in this
chapter, a modification to the requirements may be approved by the Board of
Trustees as a conditional use in accordance with the following:
(1)
In addition to the requirement for a tower application,
the application for modification shall include the following:
(a)
A description of how the plan addresses any adverse impact
that might occur as a result of approving the modification.
(b)
A description of off-site or on-site factors which mitigate
any adverse impacts which might occur as a result of the modification.
(c)
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.
(d)
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 contract and negotiate an agreement for collocation,
and the result of such attempts.
(e)
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.
(2)
The Board of Trustees shall consider the application
for modification based on the following criteria:
(a)
That the tower as modified will be compatible with and
not adversely impact the character and integrity of surrounding properties.
(b)
Off-site or on-site conditions exist which mitigate the
adverse impacts, if any, created by the modification.
(c)
In addition, the Board of Trustees may include conditions
on the site where the tower 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.
B.
In addition to the requirements of Subsection A of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following:
(1)
In the case of a requested modification to the setback requirements, § 193-8, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.
(2)
In the case of a requested modification to the separation and buffer requirements from other towers of § 193-10, that the proposed site is zoned "Industrial" or "Heavy Industrial" and the proposed site is at least the double minimum standard for separation from residentially zoned lands as provided for in § 193-10.
(3)
In the case of a requested modification of the separation and buffer requirements from residentially zoned land of § 193-10, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.
(4)
In the case of a request for modification of the height
limit for towers and telecommunications facilities or to the minimum height
requirements for antenna support structures, that the modification is necessary
to facilitate collocation of telecommunications facilities in order to avoid
construction of a new tower; or to meet the coverage requirements of the applicant's
wireless communications system, which requirements must be documented with
written technical evidence from an engineer that demonstrates that the height
of the proposed tower is the minimum height required to function satisfactorily,
and no tower that is taller than such minimum height shall be approved.
A.
If any tower shall cease to be used for a period of six
consecutive months, 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 has been in use or under repair during the period. If the owner
fails to show that the tower has been in use or under repair during the period,
the Board of Trustees shall issue a final determination of abandonment for
the site. Upon issuance of the final determination of abandonment, the owner
shall, within 75 days, dismantle and remove the tower.
B.
In the event a tower 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 60 days 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 chapter shall be held
invalid or unconstitutional by any court of competent jurisdiction, the remainder
of this chapter 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 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 chapter, 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.
This chapter shall become effective immediately upon filing with the
Secretary of State.
