[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 12-31-1996 by L.L. No. 17-1996; amended in its entirety 7-24-2007 by L.L. No.
14-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 290.
A.
This chapter is to be known as the "Wireless Telecommunications
Facilities Law."
B.
The purpose of this chapter is to provide the Town
of Clarkstown the authority to accommodate and regulate necessary
utility infrastructure for the provision of wireless telecommunications
facilities within the Town in a fair and consistent manner in accordance
with federal and state laws, to encourage the siting of wireless telecommunications
facilities in nonresidential areas on existing structures, to address
the safety, visual and aesthetic aspects of wireless telecommunications
facilities and to provide for public input in the process of siting
wireless telecommunications antenna towers. The purpose of this chapter
is also to establish clear standards for the review and siting of
wireless telecommunications facilities.
C.
The Town Board finds the regulation of wireless communications
facilities is necessary to protect the predominantly suburban residential
character of the Town and the property values of the community. Such
regulation is needed to protect the character of schools, parks, churches,
playgrounds, historic districts, sites and structures; to preserve
scenic areas; to minimize aesthetic impacts; to preserve the health
and safety of residents; and to respect the need of wireless telecommunications
service providers to relay signals.
[Amended 10-2-2012 by L.L. No. 4-2012]
D.
The Town Board declares that the protection of residential
areas of the Town from the proliferation of unsightly and otherwise
intrusive wireless telecommunications facilities to be of paramount
importance and that any local regulations of wireless telecommunications
facilities must furnish all possible protection for residential areas
and further declares that the provisions of this chapter are to be
interpreted to favor protection of residential areas. The Planning
Board shall, before issuing a special permit for a wireless telecommunications
facility in a residentially zoned area, satisfy itself that all other
alternatives have been exhausted.
E.
In general, consolidations, shared use and co-location
of antenna and antenna-mounting structures is preferred to the construction
of new facilities.
[Amended 9-22-2009 by L.L. No. 5-2009]
F.
Congress adopted the Telecommunications Act of 1996
(hereinafter, the TCA) in order to encourage the national use and
development of telecommunications and wireless communications.
G.
The TCA has had a significant effect on the deployment
of telecommunications and wireless services.
H.
The TCA preempts certain state, local laws and regulations,
but reserves some authority of a state or local government or instrumentality
thereof over decisions regarding the placement, construction and modification
of wireless telecommunications facilities. Moreover, in 2012, Congress
enacted the Middle Class Tax Relief and Job Creation Act ("TRA"),
which imposes additional limitations on state and local laws and regulations
pertaining to the siting of wireless telecommunications facilities.
[Amended 10-2-2012 by L.L. No. 4-2012]
I.
The TCA and TRA contain provisions which affect state
and local taxation, land use, zoning, public rights-of-way, and general
police power.
[Amended 10-2-2012 by L.L. No. 4-2012]
J.
Developments in telecommunications and wireless technology
and regulatory actions by the Federal Communications Commission (hereinafter,
the FCC) have resulted in the deployment and proposed deployment of
new and changing wireless telecommunications networks throughout New
York State, the County of Rockland and the Town.
K.
Significantly increased demands for wireless communications
capacity and other developments in telecommunications and wireless
technology, as well as regulatory actions by the FCC will likely place
additional and continuing demands on the use of the Town's public
rights-of-way, public property and private property.
L.
Prior to enactment of amendments to this chapter in
2007, this chapter contained limited provisions regulating the processing,
approval and construction of wireless communications facilities in
the Town.
M.
The Town first enacted this chapter in 1997, and it had not been
revised, changed, updated or amended for the past approximately 14
years.
[Amended 10-2-2012 by L.L. No. 4-2012]
N.
It has become apparent, based on FCC regulatory actions and from
applications filed with the Town for such facilities, that prior to
enactment of amendments to this chapter in 2007, the Wireless Telecommunications
Facilities Law did not adequately address, in a comprehensive plan
or fashion, the impact of new and emerging changes and developments
upon the Town's local zoning, powers and interests.
[Amended 10-2-2012 by L.L. No. 4-2012]
O.
In addition, despite efforts for shared use and co-location of facilities,
the threat exists for the proliferation of facilities in residential
areas which may alter the residential character of those areas.
[Amended 10-2-2012 by L.L. No. 4-2012]
P.
In 2006 the Town issued a moratorium pursuant to FCC
guidelines for the purpose of studying and reviewing issues concerning
the current and anticipated deployment and siting of wireless communications
facilities in the Town, and related issues and concerns.
Q.
The Town commissioned a study to formulate, in consultation
with the Town and its professional staff, a wireless telecommunications
siting plan. The amendments to the Wireless Telecommunications Facilities
Law are intended to adopt and implement those aspects of the plan
which the Town Board, following public hearings and opportunities
for comment by the telecommunications industry, has determined to
approve.
R.
The Town is concerned about the potential proliferation
of wireless telecommunications facilities throughout the Town and
the potential cumulative impact of these facilities on its landscape
and character.
S.
The goals of the amendments to the Wireless Telecommunications Facilities
Law which are being enacted are to develop a process for consistently
and fairly evaluating proposed sites for locating WTFs, and to determine
how future WTFs can be constructed so that they present the least
impact cumulatively as possible while still rendering reliable service.
[Amended 10-2-2012 by L.L. No. 4-2012]
T.
The amendments are, in part, the result of an evaluation
of existing WTFs within the Town; coverage maps associated with WTFs
located in and around the Town; and land uses. Siting criteria, such
as topography, proximity to residential areas and sensitive receptors,
and possibility of co-location were identified.
U.
The Town has determined that effective means of consistently
and fairly evaluating proposed WTF sites while at the same time evaluating
the cumulative effects of site applications are:
(1)
To create an Antenna Advisory Board whose sole responsibilities
shall be to monitor developments in wireless telecommunications, monitor
the cumulative effects of WTFs upon the landscape and character of
the Town, and to advise the Planning Board concerning individual WTF
site applications, including the aesthetic aspects of proposed facilities,
the identification of potential alternate sites that may be considered,
and other items;
[Amended 9-22-2009 by L.L. No. 5-2009; 10-2-2012 by L.L. No.
4-2012]
(2)
To vest the Planning Board with the authority to rule
upon special permit applications for WTFs, as well as related matters;
(3)
To require applicants for such special permits to
provide the Planning Board with sufficient data and information to
allow it to render an informed decision upon applications;
(4)
To promulgate a preliminary site screening tool to assist the Planning
Board in evaluating future applications for WTFs on a consistent and
fair basis. This will be achieved by the use of a preliminary screening
matrix (Table 1[1]) as described in §§ 251-14 and 251-15. The matrix identifies site categories for proposed wireless facilities, based on the nature of the applications and evaluation criteria which the Town hereby declares to be important indicators of whether the application should be approved; and
[Amended 10-2-2012 by L.L. No. 4-2012]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(5)
To promote and encourage comprehensive consideration
and understanding of the potential impacts associated with each WTF
application, including potential mitigation measures that could be
implemented to minimize adverse effects on the community. Proposed
mitigation would include the use of stealth design and/or landscaping
and other approaches such as co-location.
[Amended 9-22-2009 by L.L. No. 5-2009; 10-2-2012 by L.L. No.
4-2012]
V.
The Town has further determined that Town-owned property
will undergo internal review outside of the permitting process before
any wireless telecommunications facilities will be allowed to be placed
thereon, and that accordingly Town-owned property shall be exempt
from the special permit process.[2]
[2]
Editor's Note: Former Subsection W, regarding preemption of
an alleged preference for alternative technologies and the Town’s
appeal from the order to amend its Wireless Law, added 9-22-2009 by
L.L. No. 5-2009, which immediately followed, was repealed 10-2-2012
by L.L. No. 4-2012.
A.
This chapter is hereby enacted pursuant to the provisions
of § 10 of the Municipal Home Rule Law.
B.
The authority to issue special permits as provided
in this chapter is hereby delegated by the Town Board to the Planning
Board of the Town of Clarkstown.
C.
Reference herein to the several zoning districts are references to such districts as described in Chapter 290 of the Clarkstown Code concerning zoning.
D.
Wireless telecommunications facilities upon Town-owned
property where the Town Board has approved a contract, agreement or
determination to place such facility on such property shall be exempt
from this chapter. However, such facility shall still be required
to obtain building permits to the extent applicable.
E.
The location of antennas upon an existing water tank, power line, rooftop or any other existing structure (as defined in § 251-42) in nonresidentially zoned areas, or the co-location of antennas on an existing, approved wireless telecommunications facility structure (i.e., monopole, tower) that does not involve a height increase of greater than 50% to the facility's height, as originally approved or constructed, may be approved by the Building Inspector upon compliance with the following and all other applicable sections of this chapter, and shall thereupon not require a special permit and shall not be subject to the screening process set forth in § 251-15 et seq., but shall be subject to the fees set forth in § 251-40:
[Amended 10-2-2012 by L.L. No. 4-2012]
(1)
The existing facility or structure complies with the
provisions of all other provisions of law outside of this chapter,
including, but not limited to, all applicable zoning restrictions,
height restrictions, and building permit requirements, if any;
(2)
The existing antenna facility, if any, complies with
the provisions of this chapter;
(3)
To the extent antennas are being co-located, the consolidated,
shared or co-used antenna facility complies with the conditions set
forth in this chapter;
(4)
The proposed equipment and installation would not
exceed the structural capacity of the existing facility or structure,
including but not limited to any existing antenna-mounting structure;
(5)
The Building Inspector reserves the right to refer
proposals to the Architectural Historic Review Board for review of
and comment on aesthetic issues in accordance with the Town Code;
[Amended 6-28-2016 by L.L. No. 8-2016]
(6)
For proposals involving a height increase to an existing approved
WTF where the overall facility height is proposed to be increased
to over 120 feet above grade, the Building Inspector reserves the
right to refer the proposal to the Planning Board for review, in which
case an application for special use permit will be required.
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
With respect to this application process, the Planning Board shall
designate itself as the lead agency, pursuant to New York State Environmental
Quality Review Act (SEQRA), unless otherwise provided by SEQRA or
other applicable law. The Board shall conduct an environmental review
of the proposed project in combination with its review of the application
under this chapter.
B.
There shall be an Antenna Advisory Board consisting of five members. Its individual members shall be appointed or removed by the Town Board. It shall serve in an advisory capacity only. The Antenna Advisory Board's responsibilities shall be to monitor developments in wireless telecommunications, monitor the cumulative effects of WTFs upon the landscape and character of the Town, and to advise the Planning Board concerning individual WTF site applications. If requested by the Planning Board, the Antenna Advisory Board may perform an advisory review of aesthetic aspects of proposed sites, assist with preliminary screening by the Planning Board to determine site category as set forth in this chapter, comment on possible alternates that may be considered, or assist with other review items. The alternate sites may include the following: county-owned property; state-owned property; existing structures (such as water tanks or electrical transmission towers); Town-owned property; property owned by utilities; existing wireless telecommunications facilities; or other alternatives. Antenna Advisory Board feedback regarding alternate sites may be incorporated into the alternate site analysis (Refer to § 251-19.) required for some site categories.
C.
Individual WTF site applications reviewed by the Antenna Advisory
Board will not require Technical Advisory Committee Review.
[Amended 10-2-2012 by L.L. No. 4-2012]
An application for a special use permit for
a wireless telecommunications facility (one original and eight copies)
shall be submitted to the Planning Board and signed on behalf of the
applicant by the person preparing the same and with knowledge of the
contents and representations made therein and attesting to the truth
and completeness of the information. The landowner, if different than
the applicant, shall also sign the application.
A.
The applicant shall include the following application
information:
(1)
A statement in writing that the construction of the
wireless telecommunications facility is legally permissible.
(2)
Name, address and phone numbers of the person preparing
the application information.
(3)
Names, addresses and phone numbers of the property
owner and applicant.
(4)
Postal address and Tax Map parcel number of the property.
(5)
Zoning district or designation in which the property
is situated.
(6)
USGS or topographic map with proposed site location
indicated.
(7)
Size of the property stated both in square feet and
lot line dimensions, and a diagram showing the location of all lot
lines, and the proposed wireless facility.
(8)
Location, size and height of all existing structures
on the property.
(9)
Location, size and height of all proposed and existing
antennas, and all appurtenant structures (including new tower or pole
structures and ground-based equipment).
(10)
The number, type and design of the antenna(s)
proposed.
(11)
Structural certification letter signed by New
York State professional engineer.
B.
Within five business days of receipt of the above application information, the Planning Board shall mail to each of the Antenna Advisory Board members one copy of the information. The Planning Board, with any input and recommendation of the Antenna Advisory Board, shall make a determination of completeness or incompleteness with respect to the application items in § 251-13A, and shall provide the applicant with the reasons for the determination of incompleteness, within 30 days from the date of filing of the above application materials.
(1)
If the Antenna Advisory Board determines to recommend to the Planning
Board that it deems the application incomplete, it shall notify the
applicant of such recommendation within five days of its determination.
The applicant may then supplement its application.
(2)
If the application materials are deemed complete by the Planning Board, the Planning Board will conduct preliminary screening of the proposed WTF as described below in § 251-14.
(3)
A determination by the Town that an application submittal is complete
shall not be deemed as a determination that the applicant has provided
full and accurate information, and shall not preclude the Planning
Board from requiring the applicant to provide more detailed, corrected,
or other information at later stages during the application and permit
process. In addition, there shall be full and complete compliance
with SEQRA.
[Amended 10-2-2012 by L.L. No. 4-2012]
A preliminary site screening tool is developed to assist the
Planning Board in evaluating applications received for WTFs. This
evaluation tool provides a scoring matrix to assess proposed sites
on a consistent basis. The matrix identifies site categories for proposed
wireless facilities, based on the nature of the application and nine
evaluation criteria. The matrix screening tool is included as Table
1.[1]
A.
The screening evaluation criteria include:
(1)
Area use information. Related to distance from proposed facility.
(2)
Distance from proposed facility to historic landmarks on State and
National Register of Historic Places, along with Town-designated historic
sites.
(3)
Installation type.
(4)
Stealthing proposed.
(5)
Co-location/potential for co-location.
(6)
Height.
(7)
Property setback and distance requirements of Town Code.
(8)
Fall zone 1.5 times or greater of height of proposed structure.
(9)
Landscaping.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
[Amended 9-22-2009 by L.L. No. 5-2009; 10-2-2012 by L.L. No.
4-2012]
A.
The preliminary site screening tool, along with the application information
submitted by the applicant to the Planning Board, will be used by
the Planning Board (with feedback from the Antenna Advisory Board)
to assign a category for the proposed wireless telecommunications
facility. One of the following categories will be assigned:
(1)
A: location on existing utility or water tower with screening value
greater than or equal to 80; proposed co-location at existing WTF
or rooftop site with screening value greater than or equal to 90.
(2)
B: location on existing utility or water tower with screening value
less than 80; proposed co-location at existing WTF, rooftop or other
existing structure with screening value less than 90; new WTF (new
structure) with screening value greater than or equal to 75.
(3)
C: screening value of 60 to 75.
(4)
D: screening value of less than 60.
B.
The Planning Board with any input and advice of the Antenna Advisory
Board and the Planning Department shall perform screening of the application
by utilizing the preliminary site screening tool. The preliminary
screening will be completed by the Planning Board 45 days from the
date the application information is filed. The Planning Board shall
notify the applicant, in writing, that the application information
has been reviewed and screened, and inform the applicant of the results
of the preliminary screening and site category designation.
C.
The Planning Board shall advise the applicant as to the site category:
Category A: needing Planning Board approval on the aesthetic considerations,
or Category B, C, or D: an application for a special use permit is
required from the Planning Board. This shall be in addition to any
necessary applications under the zoning law for a variance, which
shall be made to the Zoning Board of Appeals or the Town Board, as
directed in such Zoning Law.
A.
On Category A applications, the Planning Board shall notify the applicant
of any visual or aesthetic conditions identified by the Planning Board,
with input and advice from the Antenna Advisory Board and Planning
Department. The Planning Board will, within 14 business days from
the date that the Category A designation is assigned, inform the applicant
of the date, time and place when a public hearing will be held by
the Planning Board regarding the application and any conditions which
should be placed on the Category A site permit.
[Amended 10-2-2012 by L.L. No. 4-2012]
B.
Following such hearing, the Planning Board shall,
within 14 days, fix visual or aesthetic conditions which shall apply
to the application. Upon submission of approved plans and certifications,
the Building Inspector shall thereupon issue a Category A site permit
containing such conditions.
C.
All antenna installations, including Category A sites,
shall require the submission of nine copies of a fully completed building
permit application to the Building Inspector for each antenna installation
and/or location, who shall accept the application and copies.
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
If a special use permit (Category B, C, or D site) is required, the applicant shall submit 20 copies of the special permit application to the Planning Board within 60 days from the date the Planning Board determines the site category. The contents of the application will be as described in § 251-19 for the specific site category. The application materials will be distributed among the Planning Board, the Antenna Advisory Board and other relevant agencies or representatives of the Town, and county and state agencies as applicable.
B.
With the input and advice of the Antenna Advisory Board and Planning Department, the Planning Board shall, within 30 days from the date the multiple copies of the special permit application were filed, inform the applicant whether the application is complete with respect to the requirements set forth in §§ 251-18 and 251-19.
C.
A determination that an application is complete shall not be deemed
as a determination that the applicant has provided full and accurate
information, and shall not preclude the Planning Board from requiring
the applicant to provide more detailed, corrected, or other information
at later stages during the application review process.
D.
In the event the applicant, after receiving notification of a site category determination, or before such notification, wishes to seek a higher score on the preliminary site screening tool, the applicant may submit an amended application containing mitigation measures, superseding its prior application. In the event of the applicant's objection to a site category determination, the applicant shall object, in writing, within 60 days after receiving the Planning Board's notification of the category, or in an amended application to the Planning Board. The amended application shall be deemed a new application, except that fees paid and submissions made upon the prior application shall be deemed to apply to the amended application. Fees associated with the amended application shall be applied as per § 251-40.
A.
The Planning Board is hereby authorized to issue a special permit
under the provisions of this chapter subject to all of the special
requirements and conditions herein and any requirements which may
be made a part hereof, except that if the Planning Board determines
that the interests of this chapter would otherwise be satisfied, the
Planning Board may, in its discretion, but shall not be required to,
deem individual requirements and conditions satisfied by issuing a
waiver or relaxation in relation thereto. Any waiver or relaxation
may only be made in the event that the requirements and conditions
for which a waiver or relaxation is made are found not to be requisite
in the interest of public health, safety or general welfare, and may
only be exercised in the event that the Planning Board, in issuing
a waiver or relaxation, makes specific findings that the interests
of this chapter would otherwise be satisfied, the waiver or relaxation
is reasonably necessary for the provision of wireless communications
services consistent with the interests of both this chapter and the
TCA, and the applicant has taken all reasonably available mitigation
measures. Every special permit shall also conform to all special findings
that are specified herein.
[Amended 10-2-2012 by L.L. No. 4-2012]
B.
Prior to or concurrent with the filing of a formal application to
the Planning Board to obtain a special permit under this chapter,
the applicant shall submit information needed to meet the requirements
of SEQRA to the Town Department of Engineering and Facilities Management
acting as technical staff to the Planning Board, which will make recommendations
to the Planning Board, which Board shall determine whether the requirements
of SEQRA have been met. The Planning Board may hold a joint public
hearing under the provisions of SEQRA and this chapter whenever practicable.
In the event that a final SEQRA determination has not been made, no
application for a special permit under this chapter shall be granted.
[Amended 10-2-2012 by L.L. No. 4-2012; 12-13-2018 by L.L. No. 9-2018]
C.
The Planning Board shall hold a public hearing on due notice within
62 days after submission of a formal completed application, including
such technical and/or supplemental information from the applicant
as may be required by the Planning Board for a special permit under
the provisions of this chapter.
[Amended 10-2-2012 by L.L. No. 4-2012]
(1)
Notice of the public hearing shall be by publication in the official
newspaper of the Town at least 10 days in advance of the hearing.
(2)
The hearing notice shall indicate that the application may be examined
and further information is available from the Planning Board office
during regular business hours.
(3)
Copies of the publication order shall be mailed by the applicant
to the owners of property within 500 feet of the property which is
the subject of the application, and an affidavit of service thereof
shall be filed with the Planning Board due on or before the date of
the hearing. Failure to mail such notice or failure of any addressee
to receive such notice shall not in any manner affect the jurisdiction
of the Planning Board or any action taken on the application.
D.
The Planning Board shall approve, approve with conditions or disapprove
the application for a special permit under the provisions of this
chapter within 62 days after a public hearing.
[Amended 10-2-2012 by L.L. No. 4-2012]
E.
The decision shall be made at a meeting of the Planning
Board with a quorum present and not less than a majority of the total
membership voting "aye" on the resolution.
F.
In rendering its decision, the Planning Board shall
consider the application's category and score reflected in the preliminary
site screening tool, as well as all evidence presented to it and made
part of the record.
G.
In the event that the Rockland County Planning Commissioner
has recommended against the application or imposed conditions, the
Planning Board may approve only with a majority plus one of the total
membership and must state its reasons for overriding the Rockland
County Planning Commissioner in the approval resolution pursuant to
the requirements of § 239-m of the General Municipal Law.
H.
The period in which the Board may take action may
be extended with the consent of the applicant.
A.
All applicants for a special use permit for Category B, C, and D wireless telecommunications facilities, or any modification of such facility, except as set forth in § 251-11E, shall comply with the requirements set forth in this section. The Planning Board is the officially designated agency or body of the community to whom applications for a special use permit for wireless telecommunications facilities must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for wireless telecommunications facilities. The Planning Board may, at its discretion, delegate or designate other official agencies of the Town to accept, review, analyze, evaluate and make recommendations to the Planning Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for wireless telecommunications facilities.
[Amended 10-2-2012 by L.L. No. 4-2012]
B.
An application for a special use permit for wireless
telecommunications facilities shall be signed on behalf of the applicant
by the person preparing the same and with knowledge of the contents
and representations made therein and attesting to the truth and completeness
of the information. The landowner, if different than the applicant,
shall also sign the application. At the discretion of the Board, any
false or misleading statement in the application may subject the applicant
to denial of the application without further consideration or opportunity
for correction.
C.
Applications not meeting the requirements stated herein,
or which are otherwise incomplete, may be rejected by the Planning
Board.
D.
The applicant shall include a statement in writing
that:
(1)
The applicant's proposed wireless telecommunications
facilities shall be maintained in a safe manner and in compliance
with all conditions of the special use permit, without exception,
unless specifically granted relief by the Board in writing, as well
as all applicable and permissible local codes, ordinances and regulations,
including any and all applicable county, state and federal laws, rules
and regulations.
(2)
The construction of the wireless telecommunications
facilities is legally permissible, including but not limited to the
fact that the applicant is authorized to do business in New York State.
E.
No wireless telecommunications facilities shall be
installed or constructed until a site plan is reviewed and approved
by the Planning Board and the special use permit has been issued.
A building permit is required prior to the construction of any wireless
facility.
F.
All applications for the construction or installation
of new wireless telecommunications facilities shall be accompanied
by a report containing the information hereinafter set forth. The
report shall be signed by a licensed professional engineer registered
in the state. Where this section calls for certification, such certification
shall be by a qualified New York State licensed professional engineer,
unless otherwise noted or approved by the Planning Board. The application
shall include, in addition to the other requirements for the special
use permit, the following information:
(1)
The location, height, number of antennas, type of
installations (tower, rooftop, etc.), and operation's characteristics
of all existing facilities of the applicant in and within one mile
of the Town.
(2)
A two- to five-year plan for the provision of additional
facilities in and immediately adjacent to the Town, indicating whether
each proposed facility is for initial coverage or capacity building
purposes, showing proposed general locations or areas in which additional
facilities are expected to be needed. Subsequent applications will
confirm or modify the facility service plan, so that the Planning
Board may be kept up to date on future activities.
(3)
A commitment to co-locate or allow co-location wherever
possible on all existing and proposed facilities.
(4)
Documentation that demonstrates the need for the wireless
telecommunications facility to provide service.
(5)
Name, address and phone number of the person preparing
the report.
(6)
Name, address and phone number of the property owner,
operator and applicant, to include the legal form of the applicant.
(7)
A description of existing site use.
(8)
Postal address and Tax Map parcel number of the property.
(9)
Zoning district or designation in which the property
is situated.
(10)
Size of the property stated both in square feet
and lot line dimensions, and a diagram showing the location of all
lot lines.
(11)
A site survey depicting existing topography,
buildings, and other site features (including easements and utilities),
and proposed facilities.
(12)
Location of nearest residential structure.
[Amended 10-2-2012 by L.L. No. 4-2012]
(13)
Location, size and height of all proposed and
existing antennas and all appurtenant structures.
(14)
Type, locations and dimensions of all proposed and existing
landscaping (including proposed tree removal, if any), drainage patterns
and controls, and fencing.
[Amended 10-2-2012 by L.L. No. 4-2012]
(15)
The number, type and design of the antennas
proposed.
(16)
The make, model and manufacturer of the tower
and antenna(s).
(17)
A description of the proposed tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above preexisting grade, materials, color and lighting.
Zoning and construction drawings with plan view, cross-section elevations,
and details on the antennas, support structure, and equipment cabinets
and other ancillary equipment shall be provided.
(18)
The applicant shall, in a manner approved by the Board, demonstrate
and provide, in writing, and/or by drawing, how it shall effectively
screen from view its proposed wireless telecommunications facility
so as to mitigate potential visual impacts, including the base and
all related equipment. Effective screening shall not require total
screening to the extent that potential visual impacts are sufficiently
mitigated. Examples of stealth and camouflage techniques include,
but are not limited to, the design of a facility as an artificial
tree or flagpole, a small base station facility (e.g., cell site on
wheels) placed in the center median of a highway, a facility resembling
a traffic structure, the incorporation of a facility on electrical
transmission facilities, the design of a facility as an aesthetically
pleasing structure suitable for a particular area, such as a clock
tower, light pole, and the use of the smallest technically feasible
antenna array. Information obtained from venders of such stealth mitigation
techniques, including examples of existing WTFs where the technology
has been utilized, shall be submitted to the Board.
[Amended 10-2-2012 by L.L. No. 4-2012]
(19)
The frequency, modulation and class of service
of radio or other transmitting equipment.
(20)
Transmission and maximum effective radiated
power of the antenna(s).
(21)
Azimuth directions of antenna sectors and associated
radiation patterns of the antenna(s).
(22)
The applicant's proposed tower maintenance and
inspection procedures.
(23)
Certification that non-ionizing electromagnetic radiation (NIER) levels at the proposed site will be within the threshold levels adopted by the FCC. Cumulative radio frequency (RF) calculations shall be submitted for the proposed and any preexisting antennas, for ground level exposure points. The methods, calculations, and assumptions for the certification shall be provided in a RF report, and as described in §§ 251-23 and 251-24.
(25)
A copy of the FCC license applicable for the
use of wireless telecommunications facilities.
(26)
Certification that a structural analysis has
been conducted. The basis for the calculations of the proposed tower's
(or existing structure's) capacity to accommodate the proposed equipment
and any preexisting wireless telecommunications facility's equipment
shall also be provided. If the wireless facility is subsequently approved
and constructed, as-built certification indicating that the facility
has been constructed in accordance with all standards shall be furnished
prior to the Town issuance of any certificate of occupancy or compliance.
(27)
Propagation studies of the proposed site and
all adjoining proposed or existing sites. The in-vehicle model threshold
shall be used to generate the coverage maps, and a description of
the methods and computer software used to generate the coverage maps
shall be provided.
(28)
Correspondence shall be submitted to the New
York State Office of Parks, Recreation and Historic Preservation -Historic
Preservation Office (SHPO) and New York State Department of Environmental
Conservation (NYSDEC), Division of Fish, Wildlife and Marine Resources
-Natural Heritage Program describing the proposed facility and requesting
comment. The applicant shall provide copies of comments and other
correspondence sent to and received from these agencies with regard
to the proposed facility.
G.
For Category C and D sites, the applicant shall be
required to submit additional information as described below.
(1)
A written report demonstrating efforts to secure shared
use of existing telecommunications tower(s) or use of existing buildings
or other structures within the Town. Copies of written requests and
responses for shared use shall be provided to the Planning Board.
(2)
The applicant shall furnish a structural analysis
and written certification that the telecommunications facility, foundation
and attachments are designed and will be constructed (as-built) to
meet all local, county, state and federal structural requirements
for loads, including wind and ice loads (TIA-222F). If the wireless
facility is subsequently approved and constructed, similar as-built
certification indicating that the facility has been constructed in
accordance with all standards shall be furnished prior to the Town
issuance of any certificate of occupancy or compliance.
(3)
Coverage information. For Category C and D sites,
in-building and open space coverage maps shall also be submitted for
proposed and adjoining sites. For Category D sites, drive test data
for the proposed facility along with adjoining sites shall be submitted.
The drive test data shall include a description of the methods and
instrumentation used, and the Planning Board shall be notified of
the proposed schedule of the drive testing if the studies are to be
conducted subsequent to the application being submitted.
(4)
The applicant shall submit a completed full environmental
assessment form (EAF) and a completed visual EAF addendum. Photographs
of existing site conditions at and in the vicinity of the proposed
location, and photographic renderings of the proposed installation
shall be prepared from various vantage points, including but not limited
to parks and recreation areas; historic districts; and residential
areas. A fifty-millimeter lens (or comparable equipment) to simulate
views and perspectives shall be utilized, and a description of the
methods, equipment, and software used for the visual analysis shall
be provided. Based on the results of the visual EAF addendum, the
Planning Board may require submission of a more detailed visual analysis.
(5)
If required by the Planning Board a crane or balloon
test shall be performed to supplement the visual assessment of the
proposed facility. The crane test shall be the preferred method to
insure that the proposed height of the WTF is not altered by wind
or adverse weather conditions. The applicant shall arrange to fly,
or raise upon a temporary mast, a minimum of a three-foot diameter
brightly colored balloon at the maximum height of the proposed new
tower. The dates, (including a second date in case of poor visibility
on the initial date) times and location of this balloon test shall
be advertised twice by the applicant, seven and 14 days in advance
of the test date, in one of the official newspapers in the Town. The
applicant shall inform the Board, in writing, of the dates and times
of the test at least 14 days in advance. The balloon shall be flown
for at least eight consecutive hours sometime between 7:00 a.m. and
4:00 p.m. of the dates chosen. The primary date shall be on a weekend,
but the second date, in case of poor visibility on the initial date,
may be on a weekday.
(6)
For Category D sites, a visual analysis shall be prepared and submitted
as a supplement to the visual EAF addendum. The visual analysis shall
include a zone of visibility map which shall be provided in order
to determine locations from where the proposed wireless facility may
be seen. The map shall include topography and land uses within two
miles of the proposed WTF, and include parks and recreation areas;
roadways; and historic districts. Tree-line heights on the subject
property shall also be surveyed and depicted on the map.
[Amended 10-2-2012 by L.L. No. 4-2012]
(7)
For Category C and D sites, the applicant shall submit a report demonstrating
the applicant's review of alternate sites, demonstrating the reason
to justify why alternate sites cannot be utilized. Feedback from the
Planning Department or Antenna Advisory Board on alternates shall
be considered for the alternate site review. A detailed explanation
must be provided as to why a site that would achieve a higher site
category score or assignment cannot be used. The person seeking such
an exception must satisfactorily demonstrate the reason or reasons
why such a permit should be granted for the proposed site and the
hardship (financial or otherwise) that would be incurred by the applicant
if the permit were not granted for the proposed site. An applicant
may not bypass sites of higher priority by stating the site presented
is the only site leased or selected. An application shall address
co-location as an option, and, if such option is not proposed, the
applicant must explain why co-location is commercially or otherwise
impracticable.
[Amended 10-2-2012 by L.L. No. 4-2012]
(8)
Where coverage exists and supplemental capacity is
the major objective for the applicant (as implied by the in-vehicle
coverage maps and other application materials), a capacity analysis
shall be submitted. The capacity analysis shall describe the need
for increased capacity in the areas of the proposed site, including
the operations and call traffic at all existing sites that surround
the proposed facility. A technical description of why the nearby existing
sites cannot be modified (by increasing power, modifying antennas,
or adding base station radios, for instance) should be included in
the capacity report.
(10)
Nothing contained herein shall limit the right
or ability of the Planning Board to request additional information
or data from the applicant (including but not limited to coverage
maps for alternate height scenarios).
For all wireless communications antennas, the
following information shall be provided:
A.
If the name or address of the owner or operator of
the antenna facility is changed, the Building Department of the Town
of Clarkstown shall be notified of the change within 90 days.
B.
Within 90 days of operating any transmitting antenna,
the owner or operator shall submit to the Building Inspector a written
certification by a New York State licensed professional engineer (for
monopole or tower installations) that the antenna complies with the
Town of Clarkstown Code and all other applicable governmental regulations.
C.
Consent to allow additional antennas (for purposes
of co-locating) on any new antenna towers, if feasible.
For all proposed wireless communications antennas,
the following requirements are applicable:
A.
For proposed sites within 100 feet of other sources
of radio frequency (RF) energy, emanating from other wireless communications
facilities, the applicant shall provide an estimate of the maximum
total exposure from all nearby stationary sources and comparison with
relevant standards. This assessment shall include individual and ambient
levels of exposure. It shall not include such residentially based
facilities, such as cordless telephones.
B.
All obsolete or unused wireless communications antennas
(including tower supports) shall be removed within 60 days of cessation
of operations at the site. The Town may remove such facilities after
60 days and treat the cost as a tax lien on the property.
C.
All antennas shall be identified with signs not to
exceed six square feet, listing the owner or operator's name and emergency
telephone number, and shall be posted in a conspicuous place.
D.
No source of NIER, including facilities operational before the effective
date of this chapter, shall exceed the federal or state NIER emission
standard.
[Amended 10-2-2012 by L.L. No. 4-2012]
E.
New antennas and supporting towers shall be designed
to accommodate additional antennas for purposes of co-locating.
A.
The applicant shall demonstrate to the satisfaction
of the Planning Board that there exists no tower on which the antenna
may co-locate or co-location is not feasible for any of the following
reasons:
(1)
The applicant has been unable to come to a reasonable
agreement to co-locate on another tower. The names, addresses, phone
and FAX numbers of other service providers approached shall be provided,
accompanied by a written statement as to the reason an agreement could
not be reached.
(2)
The antenna will not unreasonably interfere with the view of or from
any park, designated scenic area or historic district, site or structure
as listed on the State and National Register of Historic Places or
Town-designated historic site.
[Amended 10-2-2012 by L.L. No. 4-2012]
(4)
The applicant's network of antenna locations is not
adequate to properly serve its customers, and the use of facilities
of other entities is not suitable for physical reasons.
(5)
Adequate and reliable service cannot be provided from existing sites
in a manner consistent with the service provider's system requirements.
[Amended 10-2-2012 by L.L. No. 4-2012]
(6)
Existing sites cannot accommodate the proposed antenna
due to structural or other engineering limitations (e.g., frequency
incompatibilities).
(7)
For proposed monopole or tower facilities, a report
by a New York State licensed professional engineer specializing in
structural engineering, certifying that the proposed design is structurally
sound.
B.
Any application for the approval of a special permit for a wireless
communications facility shall include a report by a qualified radio
frequency engineer, health physicist or other qualified professional
as determined by the Planning Board, which calculates the maximum
amount of NIER which will be emitted from the proposed wireless communications
facility upon its installation and demonstrates that the facility
will comply with the applicable federal or state standards.
[Amended 10-2-2012 by L.L. No. 4-2012]
[Amended 10-2-2012 by L.L. No. 4-2012]
No antenna or combination of antennas shall
expose the general public to NIER levels exceeding the standard of
any federal or state agencies having jurisdiction. In addition, no
antenna facility shall emit radiation such that the general public
will be exposed to shock and burn in excess of the standards contained
in ANSI C-95.1. For roof-mounted, co-located or other situations in
which public exposure is likely, the application shall include:
A.
An assessment of potential public exposure to radio frequency (RF)
energy from the proposed facility, indicating the facility's compliance
with applicable federal or state standards. The applicant shall identify
the maximum exposure level, the locations at which this occurs, and
the applicable maximum levels allowed by federal and state laws. Assumptions
used in the calculations shall be stated, including building heights
and topography.
B.
A multiple-source exposure-impact assessment shall
be prepared if the wireless communications facility is to be situated
on the same site as existing facilities, such as a tower or roof.
C.
Evidence that the maximum exposure to the general
public will not exceed federal or state standards.
D.
An identification of rooftop areas to which the public
may have access. The exposure in these areas shall be in compliance
with the standards established by any federal or state agencies.
E.
An identification of how much of the roof, if any,
should be designated a controlled environment, due to RF field levels
in accordance with the applicable federal or state standard.
F.
Notification of the building management if any portion
of the roof needs to be identified as a controlled environment, due
to RF levels in excess of the guidelines in the applicable federal
or state standards.
[Amended 10-2-2012 by L.L. No. 4-2012]
All applicants for wireless telecommunications facilities in any district shall submit calculations of the estimated NIER output of the antenna(s). For Category A sites not requiring a special permit, the calculations shall be provided to the Building Inspector prior to the issuance of a permit. For antenna applications requiring a special permit, the calculations shall be provided to the Planning Board at the time of making the application for special permit. For antennas requiring recertification under § 251-37, RF field measurements or calculations shall be obtained and submitted with such recertification. The Planning Board may require baseline RF field measurements for newly approved sites, based on the nature of the site location and co-location. NIER levels shall be measured and calculated as follows:
A.
Measuring equipment used shall be generally recognized
by the Environmental Protection Agency (EPA), National Council on
Radiation Protection and Measurement (NCRPM), American National Standards
Institute (ANSI) or National Bureau of Standards (NBS) as suitable
for measuring NIER at frequencies and power levels of the proposed
and existing sources of NIER.
B.
Measuring equipment shall be calibrated as recommended
by the manufacturer in accordance with methods used by the NBS and
ANSI, whichever has the most current standard.
C.
The effect of contributing individual sources of NIER
within the frequency range of a broadband measuring instrument may
be specified by separate measurement of these sources using a narrowband
measuring instrument.
D.
NIER measurements shall be taken based on maximum
equipment output. NIER measurements shall be taken or calculated when
and where NIER levels are expected to be highest due to operating
and environmental conditions.
E.
NIER measurements shall be taken or calculated along
the property lines at an elevation six feet above grade at such locations
where NIER levels are expected to be highest and at the closest occupied
structure.
F.
NIER measurements shall be taken or calculated following
spatial averaging procedures generally recognized and used by experts
in the field of RF measurement or other procedures recognized by the
FCC, EPA, NCRPM, ANSI and NBS.
G.
NIER calculations shall be consistent with the FCC,
Office of Science and Technology (OST) Bulletin 65 or other engineering
practices recognized by the EPA, NCRPM, ANSI, NBS or similarly qualified
organization.
H.
Measurements and calculations shall be certified by
a New York State licensed professional engineer, health physicist
or a Radio Frequency Engineer. The measurements and calculations shall
be accompanied by an explanation of the protocol, methods and assumptions
used.
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
Antenna(s) mounted on a roof, unless wall-mounted
on an existing roof-mounted mechanical enclosure, penthouse, stairwell,
or similar appurtenance, shall be located so that visibility of the
installation is limited to the greatest extent practicable when viewed
from all yards. The elevation of the top of any antenna shall not
exceed the elevation of the roof at the point of installation by more
than 10 feet in a residential district or 15 feet in a nonresidential
district. Wall-mounted antenna(s) shall be at least 20 feet above
ground level and shall not extend greater than 18 inches from a building
wall unless it is demonstrated that greater separation distance is
required for antenna operations.
B.
The applicant must submit documentation justifying to the Board the
total height of any telecommunications tower, facility and/or antenna
and the basis therefor.
C.
Telecommunications towers shall be no higher than
the minimum height necessary, including any potential future co-locators
to the extent reasonably anticipated.
D.
The maximum height of any telecommunications tower and antennas constructed
after the effective date of this chapter shall not exceed that which
shall permit operation without artificial lighting of any kind, in
accordance with municipal, county, state, and/or any federal statute,
law, local law, Town ordinance, code, rule or regulation.
E.
In residential districts, wireless communication facilities shall not exceed 70 feet in height unless the requirements of Subsection F below are met. In nonresidential districts, wireless communications facilities shall not exceed 100 feet in height unless the requirements of Subsection F below are met. These height requirements shall supersede those of Chapter 290, Zoning.
F.
In the event that the applicant proposes a height greater than that listed in Subsection E above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(1)
Alternative means of mounting the antenna have been
considered and are not feasible for the applicant.
(2)
The height is the minimum height necessary for adequate
operation to meet the applicant's communication needs and the aesthetic
intrusion has been minimized to the greatest extent practicable.
(4)
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communications facilities. This includes, but is not limited to, yard, buffer, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements of Chapter 290, Zoning, shall apply to buildings and equipment shelters.
(5)
The height is required in order to accommodate antennas
of future potential co-locator(s) to the extent reasonably anticipated.
G.
Antenna(s) mounted on a new or existing monopole or
tower shall comply with the height requirements specified in this
section. Notwithstanding, the Planning Board shall be permitted to
increase the height of any tower beyond the limitations set forth
herein in order to accommodate additional users. In reviewing a request
for greater height, the Planning Board shall balance the effect of
a greater height against the provision of one or more additional towers,
co-locating or other alternatives.
H.
In residential districts, wireless communications
towers and monopoles shall be separated from residential buildings
on adjacent or abutting properties for a distance by not less than
1 1/2 times the height of the tower or monopole. This provision
shall apply to the proposed use for wireless communications facilities
of towers or monopoles existing at the time of adoption of this chapter.
Co-location shall be required when feasible.
If the site or installation will become nonconforming or increases
in nonconformity due to the installation of the co-locating telecommunications
equipment, a special permit under this chapter shall be required.
If permitted, co-location may be required for Category A and B sites
and shall be required for Category C and D sites unless the personal
wireless service provider submits proof as part of the submitted application
acceptable to the approving agency that reasonable efforts to co-locate
have been unsuccessful due to:
A.
The absence of existing installations in the area
requiring service;
B.
An inability to use existing sites in a feasible manner consistent
with the personal wireless service provider's system requirements;
[Amended 10-2-2012 by L.L. No. 4-2012]
C.
Structural or other engineering limitations, such
as frequency incompatibilities; or
D.
An inability to secure permission of the owner(s)
of the existing site(s) and/or antenna(s) facility at reasonable cost
to allow the additional installation.
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
Wireless telecommunications facilities shall not be
artificially lighted or marked, except as required by law, or approved
by the Planning Board.
B.
Telecommunications towers shall be of a galvanized
finish or painted with a rust-preventive paint of an appropriate color
to harmonize with the surroundings as approved by the Board and shall
be maintained in accordance with the requirements of this chapter.
C.
An equipment facility shall be sited to minimize adverse
visual impact on surrounding areas, parks and roadways. The Town may
require that an equipment facility be located completely or partially
below grade or be located within an existing building or structure.
An equipment facility not located within an existing building or structure
shall be treated in an architectural manner compatible with the buildings
and structures in the vicinity using materials, colors and textures
designed to blend with the surrounding buildings and structures and/or
natural surroundings. An equipment facility shall be the minimum dimensions
necessary to serve the site and shall be no greater than eight feet
in height above existing grade (ground surface or roof line) for shelters
with flat roofs or 12 feet in height above existing grade (ground
surface or roof line) for shelters with pitched roofs.
D.
In the event that the applicant proposes a height greater than that listed in Subsection C above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(1)
Alternative means of locating the equipment facility
have been considered and are not feasible for the applicant.
(2)
The height is the minimum height necessary for adequate
operation to meet the applicant's communication needs and the aesthetic
intrusion has been minimized to the greatest extent practicable.
(4)
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communications facilities. This includes, but is not limited to, yard, buffer, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements of Chapter 290, Zoning, shall apply to buildings and equipment shelters.
(5)
The height is required in order to accommodate equipment
of future potential co-locator(s) to the extent reasonably anticipated.
For any new wireless communications towers,
landscaping shall be provided as follows:
A.
In determining the most appropriate landscaping to be provided, the Planning Board shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers, the sight lines from major viewing points, and from those features identified in § 251-10C.
B.
The area surrounding the installation shall be landscaped
and maintained with paving, shrubs and ground cover consistent with
the surrounding community character.
C.
Any buildings or other equipment shelters associated
with the antenna facility shall be landscaped with evergreen trees
or shrubs of sufficient size and density to screen, in whole or part,
and effectively mitigate the appearance of the structures and buildings.
Any antenna facility requiring a tower or pole shall plant trees around
the facility of a minimum height of 10 feet a planting that will,
over time, reduce the visual impact from the tower or pole.
D.
When a security fence is required, the outside of such fencing shall
be landscaped with evergreen shrubs, trees or climbing evergreen material
on the fencing or may contain wooden or vinyl slats woven into the
fence so as to mitigate and minimize the industrial character of the
fence.
[Amended 10-2-2012 by L.L. No. 4-2012]
E.
An existing natural vegetative buffer which meets
or exceeds the above requirements can be retained to meet the landscape
requirements set forth above.
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
All antenna towers, monopoles and other supporting structures shall
be made inaccessible to children and constructed or shielded in such
a manner that they cannot be accessed.
B.
The area surrounding the facility shall:
(1)
Be fenced or otherwise secured in a manner which prevents unauthorized
access by the general public to areas where the standards of any federal
or state agency are exceeded.
C.
For wall-mounted antennas, the signage shall be placed no more than
five feet off the ground below the antenna, or as otherwise required
by law.
D.
For antennas mounted on the roof, the signage shall be placed on
all doors which provide access to said roof. The signage shall be
placed no more than five feet off the ground, or as otherwise required
by law.
The Building Department shall keep a list of
the names, addresses, type and maximum emissions of all antenna operators
in the Town, along with a file of application data including coverage
maps. This list shall be maintained from applications to the Planning
Board and Building Department and from FCC or similar inventories
of facilities in the Town. As a part of the initial registration and
recertification of WTFs, a copy of as-built drawings for each WTF
should be provided to the Building Department and the Planning Department.
If the name or address of the owner or operator of the antenna facility
is changed, the Building Department shall be notified of the change
within 30 days.
[Amended 10-2-2012 by L.L. No. 4-2012]
New antennas must comply with the following performance standard
that the estimated or measured NIER from a proposed antenna, when
added to existing radio frequency electromagnetic radiation from existing
sources, will not exceed the guidelines set forth in the applicable
federal and state standards.
A.
The Planning Board shall make written findings that
the issuance of a special permit is in compliance with all of the
requirements of this chapter.
B.
In the event a denial of an applicant's request for
a special permit would constitute an unlawful prohibition of cellular
service under applicable federal or state law, the Planning Board
shall grant the special permit and shall have the authority to impose
conditions upon such granting consistent with this chapter and such
federal or state law.
[Amended 10-2-2012 by L.L. No. 4-2012; 11-28-2023 by L.L. No. 11-2023]
Failure to meet any conditions of the special permit shall constitute
a violation which shall be subject to applicable fines and penalties
as set and revocation of a certificate of occupancy
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
The operator of any wireless communications facility existing at
the time that the 2012 amendments to this chapter take effect shall
be permitted to remain in operation, subject to the provisions of
their existing permits and the provisions of this chapter relating
to recertification and renewal of permits. Operating antennas or towers
that are legally nonconforming with respect to area regulations of
this chapter shall be permitted to remain until such time as a request
is made to modify the antenna or tower.
B.
Any facility for which emission, structural and security compliance
documentation is not received within 60 days after notice from the
Town shall cease operations within six months of such notice and be
immediately removed thereafter in accordance with the provisions of
this chapter.
[Amended 10-2-2012 by L.L. No. 4-2012]
A.
All utilities at a wireless telecommunications facilities
site shall be installed underground and in compliance with all laws,
rules and regulations of the Town, including specifically, but not
limited to, the National Electrical Safety Code and the National Electrical
Code where appropriate. The Board may deem the requirement of underground
installation of utilities satisfied by waiving or relaxing the requirement
whenever, in the opinion of the Board, such waiver or relaxation shall
not be detrimental to the health, safety, general welfare and environment,
including the visual and scenic characteristics of the area.
B.
A person who holds a special use permit for wireless
telecommunications facilities shall construct, operate, maintain,
repair, provide for removal of, modify or restore the permitted wireless
telecommunications facilities in strict compliance with all current
applicable technical, safety, safety-related, and all other applicable
codes and all applicable laws adopted by the Town, county, state or
United States, including but not limited to the most recent editions
of the National Electrical Safety Code and the National Electrical
Code, as well as accepted and responsible workmanlike industry practices
and recommended practices of the national association of tower erectors.
The codes referred to are codes that include, but are not limited
to, construction, building, electrical, fire, safety, health and land
use codes. In the event of a conflict between or among any of the
preceding, the more stringent shall apply unless otherwise dictated
by law.
C.
A holder of a special use permit granted under this
chapter shall obtain, at its own expense, all permits and licenses
required by applicable law, rule, regulation or code and must maintain
the same, in full force and effect, for as long as required by the
Town or other governmental entity or agency having jurisdiction over
the applicant.
D.
After construction and prior to receiving a certificate
of compliance, the applicant shall furnish written certification that
the wireless telecommunications facilities are grounded and bonded
so as to protect persons and property and installed with appropriate
surge protectors.
[Amended 10-2-2012 by L.L. No. 4-2012]
Every five years from the date the special use permit is issued,
at the time of recertification, a report shall be filed with the Building
Inspector by a qualified, licensed professional engineer specializing
in structural engineering certifying that the wireless telecommunications
facility is structurally safe, has been maintained in good order and
repair, and complies with all applicable structural safety standards.
Every wireless telecommunications facility shall at all times be maintained
in good order and repair and in a structurally safe condition.
[1]
Editor's Note: Former § 251-37, Recertification,
was repealed 11-28-2023 by L.L. No. 11-2023.
A.
If wireless telecommunications facilities are repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this chapter
or of the special use permit, then the Town shall notify the holder
of the special use permit, in writing, of such violation. Such notice
shall specify the nature of the violation or noncompliance, and the
violations must be corrected or cure commenced within 10 days of the
date of the postmark of the notice, or of the date of personal service
of the notice, whichever is earlier. Notwithstanding anything to the
contrary in this subsection or any other section of this chapter,
if the violation causes, creates or presents an imminent danger or
threat to the health or safety of lives or property, the Town may,
at its sole discretion, order the violation remedied within 24 hours.
[Amended 10-2-2012 by L.L. No. 4-2012]
B.
If within the period set forth in Subsection A above the wireless telecommunications facilities are not brought into compliance with the provisions of this chapter, or of the permit or special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Town may revoke such permit or special use permit for wireless telecommunications facilities and shall notify the holder of the permit or special use permit within 48 hours of such action.
[Amended 10-2-2012 by L.L. No. 4-2012]
A wireless telecommunications facility not operated for the
provision of wireless telecommunications services for a continuous
period of 12 months or more shall be deemed to be abandoned and shall
be promptly removed, in no event later than 90 days after such twelve-month
period has expired. In addition, upon receipt of a notice of a determination
of abandonment from the Building Inspector, a wireless telecommunications
facility shall be removed within 90 days. When a notice of intent
to cease operations is filed with the FCC, a copy shall contemporaneously
be filed with the Building Inspector. A wireless telecommunications
facility shall be removed within 90 days of filing such notice with
the FCC. If a wireless telecommunications facility is not removed
within the time prescribed by this section, the Town may remove such
facility and obtain reimbursement for its costs from one or more of
the responsible parties. In its discretion, the Town may enforce any
bond submitted. Costs incurred by the Town in enforcing the provisions
of this section shall constitute a lien against the property on which
the wireless telecommunications facility is located, and shall be
levied, assessed and collected in the same manner as Town taxes. The
foregoing shall not be construed to limit any of the rights or remedies
of the Town to require the removal of a facility or to recover any
costs incurred by the Town.
[Amended 10-2-2012 by L.L. No. 4-2012; 2-7-2023 by L.L. No. 3-2023]
A.
Application to the Planning Board for a special permit
under this chapter shall be accompanied by a fee as per the Town Consolidated
Fee Schedule, plus postage charges, to defray the cost of processing
the application. Applications that are determined to be Category C
and D sites shall be accompanied by an additional fee as per the Town
Consolidated Fee Schedule.
B.
Appearances before the Antenna Advisory Board for purposes of reviewing
the application information, preliminary screening, and other items
shall be accompanied by a fee as per the Town Consolidated Fee Schedule.
C.
The applicant shall be required to provide funds to
an escrow account to allow the Town to retain such technical experts
involving radio frequency as may be necessary to review the application.
For WTF applications requiring a special use permit, the applicant
shall deposit, at the time of application, a fee as per Town Consolidated
Fee Schedule, in an escrow account maintained by the Town for such
funds, to be used by the Planning Board for professional services
deemed necessary to assist in the review and evaluation of the application,
including but not limited to review of land use, site plan, legal,
technical, scientific and aesthetic issues. If at any time during
the review process the balance falls below the amount specified in
the Town Consolidated Fee Schedule, the Town shall so notify the applicant,
and the applicant shall be required to replenish the account with
sufficient funds to bring the account balance to the amount specified
in the Town Consolidated Fee Schedule before any further action or
consideration is taken on the application. Any unused funds from the
escrow account shall be returned to the applicant within 30 days of
the final decision required for issuance of a building permit.
[Amended 10-2-2012 by L.L. No. 4-2012]
The owner of a wireless telecommunications facility approved after the 2012 amendments shall post and maintain a bond with the Building Department ensuring that the facility will be properly removed and disposed upon expiration of its special permit pursuant to §§ 251-37 and 251-38, upon abandonment of the facility pursuant to §§ 251-39, or upon an event which under applicable law authorizes the Town to abate a nuisance by removing in whole or in part the facility. This requirement shall apply to existing WTFs at such time as an application shall be made for recertification of a permit or special use permit. A bond of $12,000 shall be posted for each rooftop installation or installation on an existing structure other than a tower or pole constructed for the primary purposes of wireless telecommunications. A bond of $50,000 per cell tower site with multiple providers shall be established (if co-location is proposed on a tower or pole structure whose primary purpose is for wireless telecommunications, or if future co-location is contemplated [i.e., new tower], the Board will entertain alternate bond requirements from the applicant or tower owner).
As used in this chapter, the following terms
shall have the meanings indicated:
3G is characterized by high-speed, high-bandwidth services
that support a variety of applications, including video streaming
and full-motion video teleconferencing.
American National Standards Institute.
A system of electrical conductors for radiating or receiving
radio waves.
Often referred to as a dipole element, is a small four- to
six-inch piece of metal that transmits and receives the radio signal
within the antenna enclosure.
Refers to the maximum gain of the antenna due to concentration
of energy in a particular direction.
Refers to the shape of the antenna beam in the horizontal
and vertical plane in an ideal nonreflective environment.[1]
The number of mobile users that can reliably be serviced
by a WTF.
A transmitter/receiver location for a WTF that consists of
a base station, antennas, and coaxial cables interconnecting the two.
The cell site contains the equipment that establishes the radio link
between the wireless network and the wireless subscriber unit. The
geographical area served by the cell site is referred to as the "cell."
A measurement of the number of cell sites within a geographical
area, typically measured as cell sites per square mile of area.
The process of converting a single cell to multiple cells
by sectorizing the antennas in the cell site or constructing additional
cells within a cell site.
An RF transmission line cable consisting of a central conductor
surrounded by an insulating material and a second conductor surrounding
the insulation.
The practice of mounting and locating the antennas and equipment
for more than one service provider at the same WTF site.
The general term that describes the ability of a WTF to send
and receive wireless signals of sufficient strength to provide reliable
cellular/PCS service.[2]
Unit for measuring relative strength of signal.
A dimensionless unit of average traffic density in a telecommunications
network.
A building, tower, pole, or other structure whose primary
purpose is not for wireless communications.
Federal Communications Commission; the US regulatory body
for telecommunications.
The number of sinusoidal cycles made by electromagnetic radiation
in one second; usually expressed in units of hertz (Hz).
Any locations designated by municipal, county, state or federal
agencies as having significance as an historic district, site or structure.
Electromagnetic radiation of such frequency that the energy
of the radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Refers to the direction of the main beam of the antenna.
The orientation consists of two parts, the antenna azimuth and the
antenna downtilt. The azimuth is the direction of the main beam in
the horizontal plane relative to north. The downtilt is the direction
in the vertical plane.
A photographic superimposition of an existing view with the
image of a tower (or other structure) to provide a sense of the visual
impact expected for a proposed structure.
The general term referring to high frequency waves utilized
in wireless systems to facilitate the propagation of information from
one location to another.
The process of erecting a temporary transmit antenna for
the purpose of measuring path loss from a proposed base transceiver
station or otherwise measuring the actual system performance, including
the use of a temporary transmitter to provide a test signal to the
elevated antenna while a vehicle equipped with measurement instruments
is driven on roadways to collect samples of average signal strength
at numerous locations in all areas of target coverage. Data is gathered
for existing coverage and for each incremental height of the test
antenna.
Any area with a defined boundary and designated by municipal,
county, state or federal agencies as having scenic significance.
A special use permit issued by the Planning Board.
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal communications services (PCS), fleet communications systems
and similar commercial facilities, whether operated in support of
another business activity or available for the transmission of signals
on a sale or rental basis. As used herein, the term shall include,
but not be limited to, necessary antennas and equipment buildings
as well as towers or monopoles. Licensed facilities whose sole or
predominant purposes are to provide wireless services to in-building
areas, and whose antennas/transmitters are located completely within
the buildings they serve, are exempt from this chapter.
[Amended 10-2-2012 by L.L. No. 4-2012]
Should any section, paragraph, sentence, clause,
word or provision of this chapter be declared void, invalid or unenforceable,
for any reason, such decision shall not affect the remaining provisions
of this chapter.
Pursuant to New York Municipal Home Rule Law
§ 22, the provisions of this chapter are intended to supersede
any inconsistent provision of law.
Pursuant to New York Municipal Home Rule Law
§ 27, this chapter shall take effect immediately upon filing
with the New York State Secretary of State.
