[Adopted 2-19-1997 by L.L. No. 1-1997; amended in its entirety 9-16-1997 by L.L. No. 3-1997]
As used in this article, the following terms
shall have the meanings indicated:
ACCESSORY USE
An accessory use serves the principal use, is subordinate
in area, extent or purpose to the principal use, and is located on
the same lot as the principal use. Examples of such uses include transmission
equipment and storage sheds.
TELECOMMUNICATIONS TOWER
A structure, including one or more antennas, that is intended
for transmitting and/or receiving radio, television, telephone, or
microwave communications but excluding those used either for fire,
police and other dispatch communications, or exclusively for private
radio and television reception and private citizens bands, amateur
radio and other similar private, residential communications.
[Adopted 9-1-1998 by L.L. No. 1-1998]
The Telecommunications Act of 1996 affirmed
the Village of Ossining's authority concerning the placement, construction
and modification of wireless telecommunications facilities. The Village
Board of the Village of Ossining finds that wireless telecommunications
facilities may pose a unique hazard to the health, safety, public
welfare and environment of the Village of Ossining and its inhabitants.
The Village also recognizes that facilitating the development of wireless
service technology can be an economic development asset to the Village
and of significant benefit to the Village and its residents. In order
to insure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the town's land use
policies, the Village is adopting a single, comprehensive, wireless
telecommunications facilities application and permit process. The
intent of this article is to minimize the negative impact of wireless
telecommunications facilities, establish a fair and efficient process
for review and approval of applications, assure an integrated, comprehensive
review of environmental impacts of such facilities, and protect the
health, safety and welfare of the Village of Ossining.
This article may be known and cited as the "Wireless
Telecommunications Facilities Siting and Special Use Permit Law for
the Village of Ossining."
For purposes of this article, and where not
inconsistent with the context of a particular section, the defined
terms, phrases, words, abbreviations, and their derivations shall
have the meaning given in this section. When not inconsistent with
the context, words in the present tense include the future tense,
words used in the plural number include words in the singular number
and words in the singular number include the plural number. The word
"shall" is always mandatory, and not merely directory.
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS), and microwave telecommunications.
APPLICANT
Includes any individual, corporation, estate, trust partnership,
joint-stock company, association of two or more persons, limited liability
company, or entity submitting an application to the Village of Ossining
for a special use permit for wireless telecommunications facilities.
APPLICATION
The form approved by the Board, together with all necessary
and appropriate documentation that an applicant submits in order to
receive a special use permit for wireless telecommunications facilities.
BOARD
The Village Board of the Village of Ossining.
BREAK POINT
The location on a telecommunication tower which, in the event
of a failure of the telecommunication tower, would result in the telecommunication
tower falling or collapsing within the boundaries of the property
on which the telecommunication tower is placed.
CAMOUFLAGED TOWER
Any tower or supporting structure that, due to design, location,
or appearance, partially or completely hides, obscures, conceals,
or otherwise disguises the presence of the tower and one or more antennas
or antenna arrays affixed thereto.
COLLAPSE ZONE
The area in which any portion of a telecommunication tower
could or would fall, collapse or plunge to the ground or body of water.
The collapse zone shall be no less than the lateral equivalent of
the distance from the break point to the top of the structure plus
10 feet, such being not less than 1/2 the height of the structure.
COLLOCATION
The use of the same telecommunications tower or structure
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable the Board to evaluate the merits of the application,
and to make an informed decision with respect to the effect and impact
of wireless telecommunications facilities on the Village in the context
of the permitted land use for the particular location requested.
EAF
The Environmental Assessment Form approved by the New York
Department of Environmental Conservation.
EPA
State and/or Federal Environmental Protection Agency or its
duly assigned successor agency.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated
and authorized successor agency.
FREESTANDING TOWER
A tower that is not supported by guy wires and ground anchors
or other means of attached or external support.
HEIGHT
When referring to a tower or structure, the distance measured
from the pre-existing grade level to the highest point on the tower
or structure, even if said highest point is an antenna.
NIER
Nonionizing Electromagnetic Radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or governmental entity.
SPECIAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Village.
STATE
The State of New York.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data, and
other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
TEMPORARY
In relation to all aspects and components of this article,
something intended to, or that does, exist for fewer than 90 days.
VILLAGE
The Village of Ossining, New York.
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS
TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY
A structure or location or facility designed, or intended
to be used, or used to support antennas. It includes without limit,
freestanding towers, guyed towers, monopoles, and similar structures
that employ camouflage technology, including but not limited to structures
such as a church steeple, silo, water tower, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It also includes a structure or
facility intended to transmit and/or receive radio, television, cellular,
paging, personal telecommunications services, wireless internet service
or microwave telecommunications, but excluding those used exclusively
for fire, police and other dispatch telecommunications, or exclusively
for private radio and television reception and private citizen's bands,
amateur radio and other similar telecommunications.
In order to ensure that the placement, construction,
and modification of wireless telecommunications facilities protects
the town's health, safety, public welfare, environmental features
and other aspects of the quality of life specifically listed elsewhere
in this article, the Board adopts an overall policy with respect to
a special use permit for wireless telecommunications facilities for
the express purpose of achieving the following goals:
A. Implementing an application process for person(s)
seeking a special use permit for wireless telecommunications facilities.
B. Establishing a policy for examining an application
for and issuing a special use permit for wireless telecommunications
facilities that is both fair and consistent.
C. Establishing reasonable time frames for granting or
not granting a special use permit for wireless telecommunications
facilities, or recertifying or not recertifying, or revoking the special
use permit granted under this article.
D. Promoting and encouraging, wherever possible, the
sharing and/or collocation of wireless telecommunications facilities
among service providers.
E. Promoting and encouraging, wherever possible, the
placement, height and quantity of wireless telecommunications facilities
in such a manner as to minimize adverse aesthetic impacts to the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities.
All wireless telecommunications facilities and
antennas shall be located, fenced or otherwise secured in a manner
which prevents unauthorized access. Specifically as follows:
A. All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to individuals and
constructed or shielded in such a manner that they cannot be climbed
or run into; and
B. Transmitters and telecommunications control points
must be installed such that they are readily accessible only to persons
authorized to operate or service them.
The extent and parameters of a special use permit
for wireless telecommunications facilities shall be as follows:
A. Such special use permit shall be nonexclusive.
B. Such special use permit shall not be assigned, transferred
or conveyed without the express prior written consent of the Board,
and such consent shall not be unreasonably withheld or delayed.
C. Such special use permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled or terminated
for a violation of the conditions and provisions of the special use
permit for wireless telecommunications facilities, or for a material
violation of this article after prior written notice to the applicant
and the holder of the special use permit.
[Amended 8-3-1999 by L.L.
No. 2-1999]
The applicant and the owner of record of any
proposed wireless telecommunications facilities property site shall
at its cost and expense, be jointly required to execute and file with
the Village a bond, or other form of security acceptable to the Village
as to type of security and the form and manner of execution, in an
amount as set from time to time by resolution of the Village Board
of Trustees and with such sureties as are deemed sufficient by the
Board to assure the faithful performance of the terms and conditions
of this article and conditions of any special use permit issued pursuant
to this article. The full amount of the bond or security shall remain
in full force and effect throughout the term of the special use permit
and/or until the removal of the wireless telecommunications facilities,
and any necessary site restoration is completed. The failure to pay
any annual premium for the renewal of any such security shall be a
violation of the provisions of the special use permit and shall entitle
the Board to revoke the special use permit after prior written notice
to the applicant and holder of the permit and after a hearing upon
due prior notice to the applicant and holder of the special use permit.
The holder of the special use permit shall,
annually, certify in writing to the Village that NIER levels at the
site are within the threshold levels adopted by the FCC. (The certifying
engineer need not be approved by the Village.)
Any applicant desiring relief or exemption from
any aspect or requirement of this article may request such from the
Board at a preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special use
permit, or in the case of an existing or previously granted special
use permit a request for modification of its tower and/or facilities.
Such relief may be temporary or permanent, partial or complete, at
the sole discretion of the Board. However, the burden of proving the
need for the requested relief or exemption, is solely on the applicant
to prove to the satisfaction of the Board. The applicant shall bear
all costs of the Board or the Village in considering the request and
the relief shall not be transferable to a new or different holder
of the permit or owner of the tower or facilities without the specific
written permission of the Board. Such permission shall not be unreasonably
withheld or delayed. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief or exemption will have no significant
affect on the health, safety and welfare of the Village, its residents
and other service providers.
Where this article differs or conflicts with
other laws, rules and regulations, unless the right to do so is preempted
or prohibited by the county, state or federal government, the more
restrictive or protective of the Village and the public shall apply.
This article shall be effective immediately
upon passage, pursuant to applicable legal and procedural requirements.
This article is enacted pursuant to the Municipal
Home Rule Law. This article shall supersede the provisions of Village
Law to the extent it is inconsistent with the same, and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law, or any other applicable statute.