[Added 4-1-2019 by L.L. No. 4-2019]
A. The purpose of this article is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless telecommunication
facilities in the Village of Springville. While the Village recognizes
the importance of wireless communication facilities in providing high
quality communication service to its residents and business, the Village
also recognizes that it has an obligation to protect public safety
and to minimize the adverse effects of such facilities.
B. By enacting this chapter, the Village intends to:
(1)
Provide for the managed development of wireless telecommunication
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of Village residents and wireless carriers
in accordance with federal, state and local laws and regulations;
(2)
Establish fair and efficient processes for review and approval
of applications;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of wireless telecommunication facilities in
the Village;
(4)
Address and provide for new wireless technologies, including
but not limited to microcell and distributed antenna systems (DAS)
technologies;
(5)
Encourage the collocation of wireless communication facilities
on existing structures rather than the construction of a new support
structures;
(6)
Protect Village residents and businesses from potential adverse
impacts of wireless communication facilities, to the extent permitted
under law, and to attempt to preserve the visual character of established
communities and the natural beauty of the landscape;
(7)
Minimize safety hazards and avoid potential damage to adjacent
properties through proper locational, engineering and operational
requirements;
(8)
Minimize adverse visual and aesthetic impacts of wireless telecommunication
facilities to the maximum extent practicable through careful design,
siting, landscaping, screening and innovative camouflaging techniques;
(9)
Protect the physical appearance of the Village and preserve
its scenic and natural beauty;
(10)
Protect the public health, safety and welfare;
(11)
Protect property values of the community;
(12)
Minimize the impact of such facilities on residential properties;
(13)
Encourage the siting of wireless telecommunication services
facilities on properties and areas which are not used exclusively
for residential purposes; and
(14)
Protect, to the maximum extent practicable, aesthetic qualities,
the open space character of the Village of Springville, the property
values of the community, the health and safety of citizens and a citizen's
ability to receive communication signals without interference from
other communication providers, while not unreasonably limiting competition
among communication providers.
As used in this section, the following terms shall have the
meanings indicated:
ACCESSORY OR ANTENNA EQUIPMENT
Any equipment 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, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters, buildings and similar structures and, when collocated
on a structure, is mounted or installed at the same time as an antenna.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location,
for the provision of personal wireless service (whether on its own
or with other types of services). For purposes of this definition,
the term "antenna" does not include an unintentional radiator, mobile
station, or device authorized under Part 15 of Title 47 of the United
States Code.
BASE STATION
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network.
A.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
B.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and micro-cell networks).
C.
The term includes any structure that supports or houses equipment described in Subsections
A and
B above that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
D.
The term does not include any structure that, at the time the relevant application is filed with the Village under this section, does not support or house equipment described in Subsections
A and
B of this section.
COLLOCATION
Consistent with the Nationwide Programmatic Agreement (NPA)
for the Collocation of Wireless Antennas, means:
A.
Mounting or installing an antenna facility on a pre-existing
structure; and/or
B.
Modifying a structure for the purpose of mounting or installing
an antenna facility on that structure.
DISTRIBUTED ANTENNA SYSTEM (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless communication service within
a geographic area or structure.
EAF
The environmental assessment form approved by the New York
State Department of Environmental Conservation.
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.
HEIGHT
When referring to a structure, the distance measured from
the preexisting grade level to the highest point on the structure,
including the antenna and any other appurtenances.
MICROCELL FACILITY
Microcells are low-powered wireless base stations that function
like cells in a mobile wireless network, typically covering targeted
indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces.
A microcell facility meets both the following qualifications: (i)
each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed element,
the antenna and all of its exposed elements could fit within an imaginary
enclosure of no more than six cubic feet; and (ii) all other wireless
equipment associated with the facility is cumulatively no more than
17 cubic feet in volume.
MODIFICATION
The improvement, upgrade or expansion of existing wireless
communication facilities, or the improvement, upgrade or expansion
of the wireless communications facilities located within an existing
equipment compound if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
communication facilities.
MONOPOLE
A wireless communication support structure which consists
of a single pole designed and erected on the ground or on top of a
structure, to support wireless communication antenna and accessory
equipment.
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 any other entity.
PUBLIC RIGHT-OF-WAY
Any way over which the public possesses the right to travel,
which heretofore has been duly laid out, adopted and established by
law, whether publicly owned or not. The term "road" includes state,
county and Village highways and roads, streets, squares, places, courts,
boulevards, parkways and other ways however designated to which the
public has access.
REPLACEMENT
The replacement of existing wireless communication antenna
on any existing support structure or on existing accessory equipment
for maintenance, repair or technological advancement with equipment
composed of the same wind loading and structural loading that is substantially
similar in size, weight, and height as the existing wireless communication
antenna and which does not substantially change the physical dimensions
of any existing support structure.
SMALL WIRELESS FACILITY
A wireless telecommunication facility, including but not
limited to DAS and microcells, that meets each of the following conditions:
A.
The structure on which antenna facilities are mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 10% above its preexisting
height as a result of the collocation of new antenna facilities; and
B.
Each antenna (excluding associated antenna equipment) is no
more than three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas and backup power and related backup power equipment) are
cumulatively no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration
under Part 17;
E.
The facility is not located on tribal lands, as defined under
36 C.F.R. § 800.16(x); and
F.
The facility does not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
Rule 1.1307(b).
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communication facilities
which render them more visually appealing or which serve to blend
the proposed facility into the existing structure or visual backdrop
in such a manner as to render it minimally visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted facilities, building-mounted antenna painted to match
the existing structure, and facilities constructed to resemble trees,
shrubs, light poles, and the like.
STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of personal wireless service (whether on its own
or comingled with other types of services).
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
A.
The mounting of a proposed antenna on existing towers that would
increase the original height of the tower by more than 10% or by the
height of one additional antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater; for
other eligible support structures, it increases the height of the
structure by more than 10% or more than 10 feet, whichever is greater.
B.
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
C.
The mounting of the proposed antenna would involve adding an
appurtenance to the body of an existing wireless telecommunication
support structure that would protrude from the edge of the original
support structure more than 20 feet, or more than the original width
of the support structure at the level of the appurtenance, whichever
is greater; for other eligible support structures, it involves adding
an appurtenance to the body of the structure that would protrude from
the edge of the structure by more than six feet, except that the mounting
of the proposed antenna may exceed the size limits herein if necessary
to shelter the antenna from inclement weather or to connect the antenna
to the support structure via cable;
D.
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
E.
The modification defeats concealment and/or stealth elements
of the support structure; or
F.
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Commission-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
UTILITY POLE
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Village-owned poles or poles owned by other
utility companies. Any utility pole in excess of 50 feet shall be
deemed a tower.
WIRELESS TELECOMMUNICATIONS FACILITY
A structure, facility or location designed or intended to
be used as, or used to support, antennas, along with any antennas
located on such structure and any accessory equipment. It includes,
without limit, freestanding towers, guyed towers, monopoles, DAS,
microcell or small wireless facilities on utility poles in the public
right-of-way or property of the Village or within the Village and
similar structures that employ stealth technology, including but not
limited to structures such as a multistory building, 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 includes any structure, antennas and accessory equipment intended
for transmitting and/or receiving radio, television, cellular, paging,
911, personal telecommunications services, commercial satellite services,
microwave telecommunications or other cellular communication technologies,
but excluding those used exclusively for the Village's 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.
A. Except as otherwise provided by this section, no person shall be
permitted to site, place, build, construct, modify or prepare any
site for the placement or use of wireless telecommunication facilities
without having first obtained either a special use permit for a large
wireless facility or a small wireless permit for a small wireless
facility.
B. Notwithstanding anything to the contrary in this section, any application
for a wireless telecommunication facility that does not substantially
change the dimensions of a wireless telecommunication facility shall
not require a special use permit or a small wireless facility permit.
In the event that a modification to, or replacement of an existing
wireless telecommunications facility does not substantially change
such existing wireless telecommunication facility, all that shall
be required is a building permit from the Village Building Inspector.
C. Repair and/or maintenance of an existing wireless telecommunications
facility shall not require a special use permit or small wireless
facility permit.
D. In addition to the requirements set forth for the issuance of a small wireless facility permit or special use permit for a wireless telecommunication facility to be located in a public right-of-way as set forth in this section, any telecommunications provider seeking to place a wireless telecommunications facility in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter
150 of the Village Code relating to conducting construction activities within the public right-of-way. To the extent any provisions in Chapter
150 are inconsistent with the provisions set forth in this section, the provisions in this section shall control.
E. Notwithstanding the provisions set forth in this §
200-121, in the event an application seeks to place a wireless telecommunication facility on property owned or controlled by the Village, other than within a Village-owned public right-of-way, such application shall be exempt from the requirements of this section and shall remain within the sole and absolute discretion of the Village Board, which may impose such conditions on any such use as it deems appropriate. Nothing herein shall be deemed to create any right or entitlement to use Village property for such wireless telecommunication facility.
F. In the event any conflict exists between federal or state laws or
regulations and any provision of this wireless telecommunication article,
the provisions of the most recently adopted federal or state laws
or regulations shall be applied and control.
A. All small wireless facilities shall require a small wireless facility
permit to be issued by the Planning Board.
B. The Planning Board shall be empowered to condition the issuance of
a building permit upon implementation of stealth technologies or other
measures which mitigate visual effect.
C. All applications for small wireless facilities permits shall comply
with all applicable provisions of this section. However, notwithstanding
anything to the contrary, where appropriate, the Planning Board shall
have the authority to waive any requirements set forth in this section
relating to an application for, or approval of, a small wireless facility
permit, provided that it would further the purposes of this section.
D. Unless otherwise set forth in this chapter, a DAS facility, microcell
facility, or other type of wireless telecommunication facility not
meeting the requirements set forth for small wireless facilities,
shall require a special use permit from the Planning Board.
A. Upon receipt of an application for a small wireless facility, the
Planning Board shall review said application and plans in accordance
with the standards and requirements set forth in this chapter.
B. The Planning Board may attach such conditions and safeguards to any
small wireless facilities permit and site development plan as are,
in its opinion, necessary to ensure initial and continued conformance
to all applicable standards and requirements.
C. No application shall be accepted and no small wireless facilities
permit shall be issued for a property where the Building Inspector
has found, or there exists, a violation of the Village Code and where
such violation has not been corrected.
D. Granting a small wireless facilities permit shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter
200, Article
XII, §
200-91, Site plan procedure and standards, if applicable.
E. An application for a small wireless facilities permit 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 Planning 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.
F. The applicant must provide documentation to verify it has a legal
interest in the site, if not within the public right-of-way. Said
documentation may be in the form of a deed, contract or sale or lease
for the property, depending on whether the applicant is the property
owner, contract-vendee or lessee.
G. The applicant shall include a statement, in writing, that:
(1)
The applicant's proposed small wireless facility shall be maintained
in a safe manner and in compliance with all conditions of the small
wireless facility permit, without exception, as well as all applicable
and permissible federal, state and local laws, statutes, codes, rules
and regulations; and
(2)
The construction of the small wireless facility is legally permissible,
including, but not limited to, the fact that the applicant is authorized
to do business in the New York State.
H. If proposing a new structure for the purpose of supporting a small
wireless facility, the application shall be accompanied by a map which
shows the applicant's existing and proposed area of coverage. Such
map should locate all existing wireless telecommunication facility
sites within the Village and within 1/2 mile of the proposed small
wireless facility.
I. In addition to all other required information as stated in this section,
all applications for the construction or installation of new small
wireless facility or modification of an existing small wireless facility
shall contain the following information:
(1)
A descriptive statement of the objective(s) for the new facility
or modification including and expanding on a need such as coverage
and/or capacity requirements;
(2)
Documentation that demonstrates and proves the need for the
small wireless facility to provide service primarily and essentially
within the Village. Such documentation shall include, but not be limited
to: (i) information relating to all other wireless telecommunication
facilities or antennas associated with such wireless telecommunication
facilities that are to be deployed in the Village in conjunction with
the proposed small wireless facility; (ii) propagation studies of
the proposed site and all adjoining planned, proposed, in-service
or existing sites that demonstrate a significant gap in coverage and/or
a capacity need, including an analysis of current and projected usage;
(3)
The name, address and phone number of the person preparing the
report;
(4)
The name, address, and phone number of the property owner, operator
and applicant;
(5)
The postal address and Tax Map parcel number of the property;
(6)
The zoning district or designation in which the property is
situated;
(7)
The size of the property stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines, if the proposed small
wireless facility is located outside the public right-of-way;
(8)
The location of the nearest residential structure;
(9)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(10)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed small wireless facility is
located outside the public right-of-way;
(11)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(12)
The make, model, type and manufacturer of the utility pole,
monopole or other structure on which any antenna or accessory equipment
for a small wireless facility is to be located and a design plan stating
the structure's capacity to accommodate multiple users;
(13)
A site plan describing any new proposed structure and antenna(s)
and all related fixtures, accessory equipment, appurtenances and apparatus,
including but not limited to height above preexisting grade, materials,
color and lighting;
(14)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(15)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(16)
Direction of maximum lobes and associated radiation of the antenna(s);
(17)
Applicant's proposed maintenance and inspection procedures and
related system of records;
(18)
Documentation justifying to the total height of any proposed
antenna and structure and the basis therefor. Such justification shall
be to provide service within the Village, to the extent practicable,
unless good cause is shown;
(19)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(20)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(21)
A copy of the FCC license applicable for the intended use of
the wireless telecommunication facilities;
(22)
Certification that a topographic and geomorphologic study and
analysis has been conducted, and that, taking into account the subsurface
and substrate, and the proposed drainage plan, the site is adequate
to assure the stability of the proposed wireless telecommunications
facilities on the proposed site, though the certifying engineer need
not be approved by the Village; and
(23)
Information relating to the expected useful life of the proposed
small wireless facility.
J. The applicant shall furnish written certification that the small
wireless facility and attachments are designed and will be constructed
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. 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 Village prior to issuance of any certificate
of occupancy or compliance.
K. All proposed small wireless facilities shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies as
directed by the Planning Board, where appropriate, and will thereby
have the least adverse visual effect on the environment, the character
of the community, surrounding properties and on the residences in
the area of the wireless telecommunication facility.
A. Design. All small wireless facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. All small wireless facilities
shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Village.
B. Wind and ice. All small wireless facilities structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
C. Aviation safety. Small wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
D. Public safety communications. Small wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
E. Radio frequency emissions. A small wireless facility shall not, by
itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. When a small
wireless facility is complete, as-built readings will be taken and
submitted to the Village.
F. Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(1)
Small wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Village's
residents.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(4)
The owner or operator of a small wireless facility shall maintain
standby power generators or batteries capable of powering the small
wireless facility for at least 12 hours without additional public
utility power and indefinitely with a continuous or replenished fuel
supply, where appropriate. Such standby power shall activate automatically
upon the failure of public utility power to the site. Notwithstanding
the foregoing, the Planning Board may waive the requirement for back-up
power, where appropriate, including but not limited to when a small
wireless facility is not located in a densely populated area or on
a major thoroughfare.
A. For small wireless facility applications the Planning Board may,
at its discretion, require a public hearing.
B. In any district, the Planning Board may grant a small wireless facility
permit for the construction of the wireless telecommunication facility.
C. All decisions of the Planning Board involving applications for a
small wireless facility permit shall be in writing and supported by
substantial evidence contained in a written record.
D. Time frames for approval.
(1)
Within 60 days of receipt of a complete application for the
collocation of a small wireless facility on a preexisting utility
pole, monopole or other existing wireless telecommunication facility
support structure, the Planning Board shall make a final decision
on whether to approve the application and shall notify the applicant
in writing of such decision.
(2)
Within 90 days of receipt of a complete application for a small
wireless facility on a new utility pole, monopole or other new wireless
telecommunication facility support structure, the Planning Board shall
make a final decision on whether to approve the application and shall
notify the applicant in writing of such decision.
(3)
Within 10 days of receipt of an incomplete application for a
small wireless facility, the Village shall notify the applicant in
writing of any supplemental information required to complete the application.
Upon receipt of an applicant's supplemental information in response
to the initial notification of incompleteness by the Village, the
applicable shot clock will reset to zero and the Village shall have
the full 60 or 90 days permitted by law to act on the completed application.
(4)
For any subsequent determinations of incompleteness beyond the
initial, the Village shall notify the applicant of any required supplemental
information within 10 days of receipt of the supplemental submission
and such notice shall toll the applicable shot clock until the applicant
submits the required supplemental information.
E. All time periods set forth in this section reference calendar days.
A. Applications for small wireless facilities shall locate, site and erect said facility in accordance with the following priorities, Subsection
A(1) being the highest priority and Subsection
A(7) being the lowest priority:
(1)
Collocation on existing utility poles, monopoles or other wireless
telecommunication facility support structures on lands owned or controlled
by the Village, not including the public rights-of-way;
(2)
Collocation on a site with existing wireless telecommunication
facilities or other wireless telecommunication facility structures
in the Village;
(3)
On other lands owned or controlled by the Village including
but not limited to the Village public right-of-way;
(4)
On lands owned or controlled by other municipal corporations
within the Village, to the extent permitted by such other municipal
corporation;
(5)
On nonresidentially zoned properties;
(6)
On residentially zoned properties; and
(7)
No small wireless facilities shall be permitted in the Springville
Historic District, unless the applicant demonstrates to the Planning
Board's satisfaction that the selected site is necessary to provide
adequate service and no feasible alternative site exists. Approval
shall be required from the Springville Village Historic Preservation
Board Commission, as appropriate, before any small wireless facility
is approved in the Springville Village Historic Preservation Board.
B. If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why
such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
C. An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address collocation as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board why collocation is commercially impracticable.
D. Notwithstanding the above, the Planning Board may approve any site
located within the Village, provided that the Planning Board finds
that the proposed site will further the purposes of this section,
is in the best interest of the safety, public welfare, character and
environment of the Village and will not have a deleterious effect
on the nature and character of the community and surrounding properties.
A. Small wireless facilities shall be no higher than the minimum height
necessary. The proposed height, which may be in excess of maximum
height permitted for other structures in the applicable zone, shall
address any additional height necessary to accommodate collocation
by additional antenna arrays, but under no circumstances is the height
to be in excess of what is permitted for small wireless facilities.
All wireless telecommunication support structures for small
wireless facilities located outside the public right-of-way shall
be set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Planning
Board may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
A. All small wireless telecommunication facilities shall be sited so
as to have the least adverse visual effect on the environment and
its character, on existing vegetation and on the residents in the
area of the wireless telecommunications facilities sites. If lighting
is required, the applicant shall provide a detailed plan for sufficient
lighting of as unobtrusive and inoffensive an effect as is permissible
under federal, state and local laws, statutes, codes, rules or regulations.
B. Both the small wireless telecommunication facility and any and all
accessory equipment shall maximize use of building materials, colors
and textures designed to blend with the structure to which it may
be affixed and/or to harmonize with the natural surroundings.
C. Small wireless telecommunication facilities shall not be artificially
lighted or marked, except as required by law.
D. Electrical and land-based telephone lines extended to serve the wireless
telecommunication services facility sites shall be installed underground.
E. Stealth technologies shall be required to be employed in an effort
to blend into the surrounding environment and minimize aesthetic impact.
F. Landscaping shall be provided, if appropriate.
A. All small wireless telecommunication facilities and antennas shall
be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
(1)
All antennas and other supporting structures shall be made inaccessible
to individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and
(2)
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
A. At the five-year anniversary date after the effective date for the
small wireless facility permit and for all subsequent fifth anniversaries
of the effective date of the original permit for small wireless telecommunications
facilities, the holder of the small wireless facility permit shall
submit a signed written document with the following information to
the Village Building Department confirming the compliance of the small
wireless facility with the small wireless facility permit. Such submission
shall include the following:
(1)
The name of the holder of the small wireless facilities permit
for the wireless telecommunications facilities.
(2)
The date of the original granting of the small wireless facilities
permit.
(3)
Whether the small wireless facility has been modified since
the issuance of the small wireless facilities permit and, if so, in
what manner.
(4)
Any requests for waivers or relief of any kind whatsoever from
the requirements of this section and any requirements for small wireless
facilities permit.
(5)
Certification that the small wireless facilities are in compliance
with the original small wireless facilities permit and in compliance
with all applicable codes, laws, rules, regulations, federal certification
requirements including but not limited to this section.
(6)
Certification that the wireless telecommunications facility
support structure, attachments and accessory equipment have been designed
and constructed (as built) and continues to meet all local, county,
state and federal structural requirements for loads, including wind
and ice loads. Such certification shall be by a qualified New York
State licensed professional engineer.
B. If the holder of a small wireless facility permit does not submit the certifications in Subsection
A of this section within the time frame noted in Subsection
A of this section, then such small wireless facilities permit shall terminate and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the small wireless facilities permit adequately demonstrates to the Planning Board that extenuating circumstances prevented a timely submission of such written certification. If the Village Building Inspector agrees that there were extenuating circumstances, then the holder of the expired small wireless facilities permit may submit a late recertification request or application for a new small wireless permit.
At the time that a person submits an application for a small
wireless facility, such person shall pay a nonrefundable application
fee in an amount as determined by the Village Board and as set forth
in the Village Fee Schedule, in addition to any other fee required
by law.
The applicant and the owner of record of any proposed small wireless facilities property site shall comply with any requirements set forth in Chapter
150 of the Village Code regarding the posting of security to place a small wireless facility in the public right-of-way.
In order to verify that the holder of a small wireless facilities
permit and any and all lessees, renters, and/or licensees of small
wireless facilities place and construct such facilities, including
supporting structures, accessory equipment and antennas, in accordance
with all applicable technical, safety, fire, building, and zoning
laws, statutes, codes, rules, regulations and other applicable requirements,
the Village may inspect at any time, upon providing reasonable notice,
all facets of said permit holder's, renter's, lessee's or licensee's
placement, construction, modification and maintenance of such facilities,
including, but not limited to, structures, antennas, accessory equipment
and electromagnetic output.
A. An applicant for a small wireless facility permit shall secure and
at all times maintain public liability insurance for personal injuries,
death and property damage, and umbrella insurance coverage, for the
duration of the small wireless facilities permit in amounts as set
forth below:
(1)
For collocation on existing wireless telecommunication facility
structure, the insurance policies shall be in the following amounts:
(a)
Commercial general liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;
(b)
Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate;
(c)
Workers' compensation and disability: statutory amounts.
(2)
For a small wireless facility located on a new wireless telecommunication
structure the insurance policies shall be in the following amounts:
(a)
Commercial general liability covering personal injuries, death
and property damage: $5,000,000 per occurrence;
(b)
Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate;
(c)
Workers' compensation and disability: statutory amounts.
B. For a small wireless telecommunication facility on Village property,
the commercial general liability insurance policy shall specifically
include the Village, the Village Board, other elected officials, and
the Village's officers, board members, employees, committee members,
attorneys, agents and consultants as additional insureds.
C. The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
D. The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days' prior
written notice in advance of the cancellation of the insurance.
E. Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
F. Prior to the issuance of a permit for a small wireless facility,
the applicant shall deliver to the Village a copy of each of the policies
or certificates representing the insurance in the required amounts.
Any approval for small wireless facilities that is proposed
for Village property or in a public right-of-way pursuant to this
section shall contain a provision with respect to indemnification.
Such provision shall require the applicant, to the extent permitted
by law, to at all times defend, indemnify, protect, save, hold harmless,
and exempt the Village and its elected officials, officers, board
members, employees, committee members, attorneys, agents and consultants
from any and all penalties, damages, costs, or charges arising out
of any and all claims, suits, demands, causes of action, or award
of damages, whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might arise out of, or
are caused by, the placement, construction, erection, modification,
location, product performance, use, operation, maintenance, repair,
installation, replacement, removal, or restoration of said facility;
excepting, however, any portion of such claims, suits, demands, causes
of action or award of damages as may be attributable to the negligent
or intentional acts or omissions of the Village or its servants or
agents. With respect to the penalties, damages or charges referenced
herein, reasonable attorneys' fees, consultants' fees, and expert
witness fees are included in those costs that are recoverable by the
Village.
The holder of any small wireless facilities permit shall, annually,
certify to the Planning Board, or its authorized designee, that NIER
levels at the site where a small wireless facility is located are
within the threshold levels adopted by the FCC. In addition, the Village,
at its own cost and expense, shall be permitted to conduct its own
certification test of the NIER levels at the site where any small
wireless facility is located, with or without notice to the wireless
telecommunication provider. Once operational, but prior to providing
service to customers, as-built readings will be provided to the Village.
A. If any small wireless facilities are constructed, repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this section
or of the small wireless facility permit conditions and requirements,
or it is determined conclusively that the applicant made materially
false or misleading statements during the application process, then
the Planning Board or the Building Inspector, or their designee, shall
notify the holder of the small wireless facilities permit in writing
of such violation. Such notice shall specify the nature of the violation
or noncompliance, and the violations must be corrected within seven
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 section, if the violation or noncompliance causes, creates or
presents an imminent danger or threat to the health or safety of lives
or property, the Planning Board or Building Inspector may, at their
sole discretion, order the violation remedied within 24 hours.
B. If within the period set forth in Subsection
A above the small wireless facilities are not brought into compliance with the provisions of this section, or of the permit, or substantial steps are not taken in order to bring the affected small wireless facilities into compliance, then the Planning Board or the Building Inspector may revoke such small wireless facility permit and require removal of such small wireless facility pursuant to §
200-132.7 below.
A. The Village may determine that the safety, public welfare, character
and environment of the Village warrant and require the removal of
small wireless facilities, under the following circumstances:
(1)
The small wireless facility has been abandoned (i.e., not used
as wireless telecommunication facilities) for a period exceeding 90
consecutive days or a total of 180 days in any 365-day period, except
for periods caused by force majeure or acts of God, in which case,
repair or removal shall commence within 90 days;
(2)
A permitted small wireless facility falls into such a state
of disrepair that they create a safety hazard;
(3)
The small wireless facilities have been located, constructed,
or modified without first obtaining, or in a manner not authorized
by, the required small wireless facilities permit, or any other necessary
authorization; or
(4)
Any small wireless facility is determined to be in violation pursuant to §
200-132.5 above and fails to cure such violation within the time set forth in that section.
B. If the Planning Board makes a determination as noted in Subsection
A of this section, then it shall notify the holder of the small facilities permit and the owner of the property in writing that said small wireless facilities are to be removed.
C. The holder of the small wireless facilities permit or the owner of
the property shall be required to dismantle and remove such small
wireless facilities, and all accessory equipment and associated structures,
from the site and return the site to its original condition and certify
through soils or other testing that no contamination has been created
by the facility, such restoration being completed, limited only by
physical or commercial impracticability, within 90 days of receipt
of written notice from the Village to remove such small wireless facilities.
However, if the owner of the property upon which the small wireless
facilities are located wishes to retain any access roadway to the
small wireless facilities, the owner may do so with the approval of
the Village.
D. If the small wireless facilities are not removed or substantial progress
has not been made to remove the small wireless facilities within 90
days after the small facility permit holder has received such written
notice of removal, then the Planning Board may order officials or
representatives of the Village to remove the small wireless facilities
at the sole expense of the property owner and/small wireless facility
permit holder.
E. If the Village removes or causes to be removed the small wireless
facilities, and the owner of the wireless telecommunication facilities
does not claim and remove them to a lawful location within 10 days,
then the Village may take steps to declare the small wireless facilities
abandoned and dispose of or sell them and their components and retain
the proceeds therefrom. The Village may also cause the costs associated
with the removal and disposal of the small wireless facilities to
be assessed on the property in the same manner as a tax or assessment.
A. Noncommercial usage exemption. Village residents utilizing satellite
dishes, citizen and/or band radios, and antenna for the purpose of
maintaining television, phone, and/or internet connections at their
residences shall be exempt from the regulations relating to small
wireless facilities enumerated in this section.
B. Prohibited on certain structures. No small wireless facility shall
be located on single-family detached residences, single-family attached
residences, twin homes, duplexes, or any residential accessory structure.
In addition to the applicable small wireless facility permit
provisions listed in this section, all small wireless facilities located
in the public right-of-way shall be required to comply with the following
regulations:
A. Location. Small wireless facilities in the public right-or-way shall
be collocated on existing wireless telecommunications facilities,
whenever possible. If collocation is not technologically feasible,
the applicant shall locate its small wireless facility on existing
utility poles or other structures that do not already act as wireless
telecommunication facility support structures.
B. Design requirements:
(1)
All equipment shall be the smallest and least visibly intrusive
equipment feasible.
(2)
Antenna and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
C. Equipment location. Small wireless facilities and any accessory equipment
in the public right-of-way shall be located so as not to cause any
physical or visual obstruction to pedestrian or vehicular traffic,
or to otherwise create safety hazards to pedestrians and/or motorists
or to otherwise inconvenience public use of the public right-of-way
as determined by the Village. In addition:
(1)
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
or within four feet of the edge of the cartway, or within an easement
extending onto a privately-owned lot;
(2)
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground shall be screened from surrounding views, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Village. Ground- mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls, enclosures or other
stealth technology to the satisfaction of the Village.
(3)
Required electrical meter cabinets shall the screened to blend
m with the surrounding area to the satisfaction of the Village.
(4)
Any graffiti on any small wireless facility support structure
or any accessory equipment shall be removed within 30 days upon notification
by the Village at the sole expense of the owner.
(5)
Any proposed underground vault related to small wireless facilities
shall be reviewed and approved by the Village.
(6)
Accessory equipment attached to the small wireless facility
support structure shall have such vertical clearance as the Planning
Board may determine.
D. Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in §
200-132.7 above, within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Village, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
To construct, repair, maintain or install any Village or other
public improvement located in the public right-of-way;
(2)
To prevent the interference with the operations of the Village
or other governmental entity in the public right-of-way;
(3)
Abandonment of a street or road or the release of a utility
easement; or
(4)
An emergency as determined by the Village Board.
In addition to permit fees for a small wireless facility permit,
every small wireless facility located in the public right-of-way is
subject to the Village's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the public right-of-way. Such
compensation for use of the public right-of-way shall be directly
related to the Village's actual public right-of-way management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other public right-of-way management activities by the Village.
The owner of each small wireless facility permit shall pay an annual
fee to the Village to compensate the Village for the Village's costs
incurred in connection with the activities described above as determined
by the Village Board and as set forth in the Village Fee Schedule.
A. Except as otherwise provided by this section, no large wireless facilities
shall be installed, constructed or substantially changed until a special
use permit application is reviewed and approved by the Planning Board
and a special use permit has been issued.
B. Upon receipt of an application for a large wireless facility the
Planning Board shall review said application and plans in accordance
with the standards and requirements set forth in this section. However,
notwithstanding anything to the contrary, where appropriate, the Planning
Board shall have the authority to waive any requirements set forth
in this section relating to the an application for, or approval of,
a special use permit for a large wireless facility, provided that
it would further the purposes of this section.
C. The Planning Board may attach such conditions and safeguards to any
permit and site development plan as are, in its opinion, necessary
to ensure initial and continued conformance to all applicable standards
and requirements.
D. No application shall be accepted and no permit shall be issued for
a large wireless facility on a property where the Building Inspector
has found, or there exists, a violation of the Village Code and where
such violation has not been corrected.
E. Granting a special use permit shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter
125, Article
IX, Site Plan Approval.
F. An application for a special use permit for a large wireless facility
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 Planning 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.
G. The applicant must provide documentation to verify it has a legal
interest in the site where the large wireless facility is to be located.
Said documentation may be in the form of a deed, contract or sale
or lease for the property, depending on whether the applicant is the
property owner, contract-vendee or lessee.
H. The applicant shall include a statement, in writing, that:
(1)
The applicant's proposed large wireless facility shall be maintained
in a safe manner and in compliance with all conditions of the special
use permit, without exception, as well as all applicable and permissible
federal, state and local laws, statutes, codes, rules and regulations;
and
(2)
The construction of a large wireless facility is legally permissible,
including, but not limited to, the fact that the applicant is authorized
to do business in the New York State.
I. The application shall be accompanied by a map in graphical form and
in AutoCAD® or compatible drawing exchange
file format, which shows the applicant's existing and proposed area
of coverage. Such map should locate all existing facility sites within
the Village and within one mile of the Village in bordering communities.
J. In addition to all other required information as stated in this section,
all applications for the construction or installation of new large
wireless facilities, or any substantial change to an existing large
wireless facility, shall contain the following information:
(1)
A descriptive statement of the objective(s) for the new facility
or modification including and expanding on a need such as coverage
and/or capacity requirements;
(2)
Documentation that demonstrates and proves the need for the
large wireless facility to provide service primarily and essentially
within the Village. Such documentation shall include propagation studies
of the proposed site and all adjoining planned, proposed, in-service
or existing sites that demonstrate a significant gap in coverage and/or
if a capacity need, including an analysis of current and projected
usage;
(3)
The name, address and phone number of the person preparing the
report;
(4)
The name, address, and phone number of the property owner, operator
and applicant;
(5)
The postal address and Tax Map parcel number of the property;
(6)
The zoning district or designation in which the property is
situated;
(7)
The size of the property stated both in square feet and lot
line dimensions, and a survey prepared by a licensed professional
surveyor showing the location of all lot lines;
(8)
The location of the nearest residential structure;
(9)
The location, size and height of all existing and proposed structures
on the property which is the subject of the application;
(10)
The type, locations and dimensions of all proposed and existing
landscaping and fencing, if the proposed facility is located outside
the public rights-of-way;
(11)
The number, type and model of the antenna(s) proposed, with
a copy of the specification sheet;
(12)
The make, model, type and manufacturer of the support structure
and a design plan stating the support structure's capacity to accommodate
multiple users;
(13)
A site plan describing the proposed support structure and antenna(s)
and all related accessory equipment, fixtures, structures, appurtenances
and apparatus, including height above preexisting grade, materials,
color and lighting;
(14)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(15)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts of the antenna(s);
(16)
Direction of maximum lobes and associated radiation of the antenna(s);
(17)
Applicant's proposed support structure and accessory equipment
maintenance and inspection procedures and related system of records;
(18)
Documentation justifying to the total height of any wireless
telecommunications facility support structure and the basis therefor.
Such justification shall be to provide service within the Village,
to the extent practicable, unless good cause is shown;
(19)
Certification that NIER levels at the proposed site will be
and remain within the current threshold levels adopted by the FCC;
(20)
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
(21)
A copy of the FCC license applicable for the intended use of
the wireless telecommunication facilities;
(22)
Certification that a topographic and geomorphologic study and
analysis has been conducted, and that, taking into account the subsurface
and substrate, and the proposed drainage plan, the site is adequate
to assure the stability of the proposed wireless telecommunications
facilities on the proposed site;
(23)
Identify the proposed location of emergency power supply and
the decibel level emitted during testing and operation;
(24)
Information relating to the expected useful life of the proposed
large wireless facility;
(25)
Construction details for the proposed tower, supporting structure,
and base, including specifications for the maximum height of the tower
or structure the proposed base could support; and
(26)
Information relating to intended future collocations on the
large wireless facility that may result in a further increase in the
size or height of the proposed large wireless facility.
K. In the case of a new wireless telecommunication facility support
structure for a large wireless facility, the applicant shall be required
to submit a written report demonstrating its meaningful efforts to
secure shared use of existing wireless telecommunication support structure(s)
or the use of alternative existing buildings or other structures within
a 1/2 mile radius of the site proposed. Copies of written requests
and responses for shared use shall be provided to the Planning Board
with the application, along with any letters of rejection stating
the reason for rejection. Acceptable reasons for rejection include:
(1)
The proposed antenna and accessory equipment would exceed the
structural capacity of the existing building or other structure, and
its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antenna and accessory equipment would cause radio
frequency interference with other existing equipment for that existing
building or other structure and the interference cannot be prevented
at a reasonable cost.
(3)
Such existing buildings or other structures do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(4)
A commercially reasonable agreement could not be reached with
the owner of such building or other structure.
L. The applicant shall furnish written certification that the wireless
telecommunications facility, structure, foundation, attachments and
accessory equipment are designed and will be constructed to meet all
local, county, state and federal structural requirements for loads,
including wind and ice loads. If the large wireless facility is subsequently
approved and constructed, as-built certification indicating that the
large wireless facility has been constructed in accordance with all
standards shall be furnished to the Village prior to issuance of any
certificate of occupancy or compliance.
M. The applicant shall submit a completed long-form EAF. Based on circumstances
of each application for a large wireless facility, the Planning Board
may require submission of a detailed visual analysis.
N. All proposed large wireless facilities shall contain a demonstration
that the facility will be sited so as to minimize visual intrusion
as much as possible given the facts and circumstances involved with
the proposed site and facility, will employ stealth technologies where
appropriate, and will thereby have the least adverse visual effect
on the environment, the character of the community, surrounding properties
and on the residences in the area of the large wireless facility.
O. The applicant shall, in writing, identify and disclose the number
and locations of any additional sites that the applicant has been,
is or will be considering, reviewing or planning for wireless telecommunications
facilities in the Village, and all municipalities adjoining the Village,
for a two-year period following the date of the application.
Large wireless facilities are permitted in all zones subject
to the restrictions and conditions prescribed below:
A. Construction and design. All large wireless facilities shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
large wireless facilities shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Village.
B. Wind and ice. All large wireless facilities structures shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
C. Aviation safety. Large wireless facilities shall comply with all
federal and state laws and regulations concerning aviation safety.
D. Public safety communications. Large wireless facilities shall not
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
E. Radio frequency emissions. A large wireless facility shall not, by
itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. When a large
wireless facility is complete, as-built readings will be taken and
submitted to the Village.
F. Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
(1)
Large wireless facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(2)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Village's
residents.
(3)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(4)
The owner or operator of a large wireless facility shall maintain
standby power generators capable of powering the wireless telecommunications
facility for at least 24 hours without additional public utility power,
and indefinitely with a continuous or replenished fuel supply. Such
standby power shall activate automatically upon the failure of public
utility power to the site. Notwithstanding the foregoing, the Planning
Board may require standby power longer than 24 hours where circumstances
indicate sufficient space exists to accommodate longer periods of
backup power.
A. For any special use permit application the Planning Board shall hold
a public hearing on due notice within 60 days after submission of
a formal completed application, including such technical information
from the applicant as may be required by the Planning Board for a
special use permit under the provisions of this section.
B. Notice of the public hearing shall be by publication in the official
newspaper of the Village at least 10 days in advance of the hearing.
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. Copies of the publication order shall
be mailed by the applicant to the owners of property within 1,000
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.
C. In any district, the Planning Board may grant a special use permit
for the construction of the large wireless facilities for a period
of five years.
D. All decisions of the Planning Board involving applications for large
wireless facilities shall be in writing and supported by substantial
evidence contained in a written record.
E. Time frames for approval.
(1)
Within 30 days of receipt of any application for a large wireless
facility, the Village shall notify the applicant in writing of any
supplemental information required to complete the application. Such
notification shall toll the applicable shot clock until the applicant
submits the required supplemental information.
(2)
Within 90 days of receipt of an application for a collocated
large wireless facility or 150 days of receipt of an application for
a new large wireless facility with accompanying support structure,
including such technical information from the applicant as may be
required by the Planning Board for a special use permit under the
provisions of this section, the Village shall make a final decision
on whether to approve the application and shall notify the applicant
in writing of such decision.
F. All time periods set forth in this section reference calendar days.
A. Applications for special use permits for large wireless facilities shall locate, site and erect said wireless telecommunication facilities in accordance with the following priorities, Subsection
A(1) being the highest priority and Subsection
A(6) being the lowest priority:
(1)
Collocation on existing wireless telecommunication facilities
on lands owned or controlled by the Village, not including the public
right-of-way;
(2)
Collocation on a site with existing wireless telecommunication
facilities or other tall structures in the Village;
(3)
On other lands owned or controlled by the Village including
but not limited to the Village public right-of-way;
(4)
On lands owned or controlled by other municipal corporations
within the Village, to the extent permitted by such other municipal
corporation;
(5)
On nonresidentially zoned properties;
(6)
On residentially zoned properties; and
(7)
No large wireless facilities shall be permitted in the Springville
Historic Districts, unless the applicant demonstrates to the Planning
Board's satisfaction that the selected site is necessary to provide
adequate service and no feasible alternative site exists. Approval
shall be required from the Springville Village Historic Preservation
Commission, as appropriate, before any large wireless facility is
approved in the Springville Historic Districts.
B. If the proposed site is not proposed for the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons why
such a special use permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
C. An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address collocation as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board why collocation is commercially impracticable.
D. Notwithstanding the above, the Village may approve any site located
within the Village, provided that the Village finds that the proposed
site is in the best interest of the safety, public welfare, character
and environment of the Village and will not have a deleterious effect
on the nature and character of the community and surrounding properties.
Wireless telecommunication facility support structures shall
be no higher than the minimum height necessary. The proposed height,
which may be in excess of maximum height permitted for other structures
in the applicable zone, shall address any additional height necessary
to accommodate collocation by additional antenna arrays, but under
no circumstances is the height to be in excess of 150 feet.
All large wireless facilities, including any support structures
and accessory equipment, located outside the public right-of-way shall
be set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the facility,
including support structure, measured from the highest point of such
support structure to the finished grade elevation of the ground on
which it is situated, plus 10% of such total height. The Planning
Board may reduce such setback requirements based upon consideration
of lot size, topographic conditions, adjoining land uses, landscaping,
other forms of screening and/or structural characteristics of the
proposed support structure.
A. All large wireless facilities shall be sited so as to have the least
adverse visual effect on the environment and its character, on existing
vegetation and on the residents in the area of the wireless telecommunications
facilities sites. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under federal, state and local laws, statutes,
codes, rules or regulations.
B. Both the large wireless facility and any and all accessory equipment
shall maximize use of building materials, colors and textures designed
to blend with the structure to which it may be affixed and/or to harmonize
with the natural surroundings.
C. Large wireless facilities shall not be artificially lighted or marked,
except as required by law.
D. Wireless telecommunication facility support structures for large
wireless facilities shall be galvanized and/or painted with a rust-preventive
paint of an appropriate color as specified by the Planning Board,
to harmonize with the surroundings and shall be maintained in accordance
with the requirements of this section.
E. Electrical and land-based telephone lines extended to serve the large
wireless facility sites shall be installed underground.
F. Stealth technologies shall be required to be employed m an effort
to blend into the surrounding environment and minimize aesthetic impact.
G. Landscaping shall be provided, if appropriate.
A. All large wireless facilities and antennas shall be located, fenced
or otherwise secured in a manner that prevents unauthorized access.
Specifically:
(1)
All antennas supporting structures, including guy anchor points
and wires and accessory equipment, shall be made inaccessible to individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and
(2)
Transmitters and telecommunications control points shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
In accordance with the procedures set forth in by the Village
Board, and to the extent permissible under federal law, for large
wireless facility applications, the applicant shall be required to
provide funds to an escrow account held by the Village to allow the
Planning Board to retain such technical experts and other consultants
as may be necessary to review the proposal, including, but not limited
to, the review of financial and technical aspects of the proposal
and of the financial, legal and technical practicability of alternatives
which may be available to the applicant.
A. At any time between 12 months and six months prior to the five-year
anniversary date after the effective date for the special use permit
for large wireless facilities and all subsequent fifth anniversaries
of the effective date of the original special use permit for large
wireless facilities, the holder of a special use permit for such large
wireless facilities shall submit a signed written request to the Planning
Board for recertification. In the written request for recertification,
the holder of such special use permit shall note the following:
(1)
The name of the holder of the special use permit for the wireless
telecommunications facilities.
(2)
The date of the original granting of the special use permit.
(3)
Whether the large wireless facility has been modified since
the issuance of the special use permit and, if so, in what manner.
(4)
Any requests for waivers or relief of any kind whatsoever from
the requirements of this section and any requirements for a special
use permit.
(5)
Certification that the large wireless facilities are in compliance
with the special use permit and in compliance with all applicable
codes, laws, rules, regulations and federal certification requirements.
(6)
Certification that the wireless telecommunications support structure,
base station and accessory equipment are designed and constructed
(as built) and continue to meet all local, county, state and federal
structural requirements for loads, including wind and ice loads. Such
recertification shall be by a qualified New York State licensed professional
engineer.
B. If, after such review, the Planning Board determines the permitted
large wireless facility is in compliance with the special use permit
and all applicable statutes, laws, local laws, ordinances, codes,
rules and regulations, then the Planning Board shall recertify the
special use permit for the large wireless facility, which may include
any new provisions or conditions that are mutually agreed upon or
required by applicable statutes, laws, local laws, ordinances, codes,
rules and regulations. If, after such review, the Planning Board determines
that the permitted large wireless facility is not in compliance with
the special use permit and all applicable statutes, local laws, ordinances,
codes, rules and regulations, then the Planning Board may refuse to
issue a recertification of the special use permit for the large wireless
facility, and, in such event, such large wireless facility shall not
be used after the date that the applicant receives written notice
of such decision by the Planning Board unless and until any deficiencies
determined by the Planning Board are cured. Any such decision shall
be in writing and supported by substantial evidence contained in a
written record.
C. If the applicant has submitted all of the information requested by the Planning Board and required by this section, and if the Planning Board does not complete its review, as noted in Subsection
B of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted large wireless facility shall receive an extension of the special use permit for up to six months in order for the Planning Board to complete its review.
D. If the holder of a special use permit for a large wireless facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection
A of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the Planning Board that extenuating circumstances prevented a timely recertification request. If the Planning Board agrees that there were extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit.
At the time that an application for a special use permit is
submitted for a large wireless facility, or to renew any such application,
a nonrefundable application fee shall be paid in an amount as determined
by the Village Board and as set forth in the Village Fee Schedule, in addition to any other fee required by law.
The applicant and the owner of record of any proposed large
wireless facilities property site shall, at their 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 of at least $75,000
for a large wireless facility on a new wireless telecommunication
support structure and $25,000 for a collocation on an existing wireless
telecommunication facility support structure or other existing structure;
and with such sureties as are deemed sufficient by the Planning Board
to assure the faithful performance of the terms and conditions of
this section and conditions of any special use permit issued pursuant
to this section. 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 any necessary site restoration is completed to restore
the site to a condition comparable to that which existed prior to
the issuance of the original special use permit.
In order to verify that the holder of a special use permit for
a large wireless facility and any and all lessees, renters, and/or
licensees of large wireless facilities place and construct such facilities,
including wireless telecommunication support structure, accessory
equipment and antennas, in accordance with all applicable technical,
safety, fire, building, and zoning laws, statutes, codes, rules, regulations
and other applicable requirements, the Village may inspect at any
time, upon providing reasonable notice, all facets of said permit
holder's, renter's, lessee's or licensee's placement, construction,
modification and maintenance of such facilities, including, but not
limited to, wireless telecommunication support structures, antennas,
accessory equipment, electromagnetic output and buildings.
A. An applicant for a special use permit for a large wireless facility
shall secure and at all times maintain public liability insurance
for personal injuries, death and property damage, and umbrella insurance
coverage, for the duration of the special use permit in amounts as
set forth below:
(1)
For collocation on any existing large wireless facility or other
wireless telecommunication facility support structure, including existing
utility poles or monopoles, the required insurance policies shall
be in the following amounts:
(a)
Commercial general liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;
(b)
Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate;
(c)
Workers' compensation and disability: statutory amounts.
(2)
For all other large wireless facilities, the required insurance
policies shall be in the following amounts:
(a)
Commercial general liability covering personal injuries, death
and property damage: $5,000,000 per occurrence;
(b)
Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate;
(c)
Workers' compensation and disability: statutory amounts.
B. For a large wireless facility on Village property, the commercial
general liability insurance
policy shall specifically include the Village, the Village Board,
other elected officials, and the Village's officers, board members,
employees, committee members, attorneys, agents and consultants as
additional insureds.
C. The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the state and with
a Best's rating of at least A.
D. The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days' prior
written notice in advance of the cancellation of the insurance.
E. Renewal or replacement policies or certificates shall be delivered
to the Village at least 15 days before the expiration of the insurance
that such policies are to renew or replace.
F. Prior to the issuance of a special use permit for a large wireless
facility, the applicant shall deliver to the Village a copy of each
of the policies or certificates representing the insurance in the
required amounts.
Any special use permit for a large wireless facility that is
proposed for Village property or in the public right-of-way, pursuant
to this section, shall contain a provision with respect to indemnification.
Such provision shall require the applicant, to the extent permitted
by law, to at all times defend, indemnify, protect, save, hold harmless,
and exempt the Village and its elected officials, officers, board
members, employees, committee members, attorneys, agents and consultants
from any and all penalties, damages, costs, or charges arising out
of any and all claims, suits, demands, causes of action, or award
of damages, whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might arise out of, or
are caused by, the placement, construction, erection, modification,
location, product performance, use, operation, maintenance, repair,
installation, replacement, removal, or restoration of said facility;
excepting, however, any portion of such claims, suits, demands, causes
of action or award of damages as may be attributable to the negligent
or intentional acts or omissions of the Village or its servants or
agents. With respect to the penalties, damages or charges referenced
herein, reasonable attorneys' fees, consultants' fees, and expert
witness fees are included in those costs that are recoverable by the
Village.
In addition to the applicable special permit provisions and
requirements listed in this section, all large wireless facilities
located in the public right-of-way shall be required to comply with
the following regulations:
A. Location. Large wireless facilities in the public right-of-way shall
be collocated on existing wireless telecommunications facility whenever
possible. If collocation is not technologically feasible, the applicant
shall locate its large wireless facility on existing utility poles,
monopoles or other structures that do not already act as wireless
telecommunication facility support structures.
B. Design requirements:
(1)
All accessory equipment shall be the smallest and least visibly
intrusive equipment feasible.
(2)
Antenna and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
C. Equipment location. Large wireless facilities, which include wireless
telecommunication support structures and accessory equipment in the
public right-of-way, shall be located so as not to cause any physical
or visual obstruction to pedestrian or vehicular traffic, or to otherwise
create safety hazards to pedestrians and/or motorists or to otherwise
inconvenience public use of the right-of-way as determined by the
Village. In addition:
(1)
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
within four feet of the edge of the cartway, or within an easement
extending onto a privately-owned lot;
(2)
To the extent feasible, accessory equipment shall be placed
underground. Ground-mounted accessory equipment that cannot be placed
underground shall be screened from surrounding views, to the fullest
extent possible, through the use of landscaping or other decorative
features to the satisfaction of the Village. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls, enclosures or other
stealth technology to the satisfaction of the Village.
(3)
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Village.
(4)
Any graffiti on any large wireless facility support structure,
base station or any accessory equipment shall be removed within 30
days upon notification by the Village at the sole expense of the owner.
(5)
Any proposed underground vault related to large wireless facilities
shall be reviewed and approved by the Village.
(6)
Accessory equipment attached to a large wireless facility support
structure shall have such vertical clearance as the Planning Board
may determine.
D. Relocation or removal of large wireless facilities in the public right-of-way. In addition to the removal provisions set forth in §
200-132.30 below, within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any large wireless facility or accessory equipment when the Village, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
To construct, repair, maintain or install any Village or other
public improvement located in the right-of-way;
(2)
To prevent the interference with the operations of the Village
or other governmental entity in the right-of-way;
(3)
Abandonment of a street or road or the release of a utility
easement; or
(4)
An emergency as determined by the Village Board.
In addition to permit fees for a large wireless facility permit, every large wireless facility located in the Village public right-of-way is subject to the Village's public right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way and for any applicable permitting fees set forth in Chapter
150 of the Village Code. Such compensation for use of the public right-of-way shall be directly related to the Village's actual public right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Village. The owner of each large wireless facility permit shall pay an annual fee to the Village to compensate the Village for the Village's costs incurred in connection with the activities described above as determined by the Village Board and as set forth in the Village Fee Schedule.
The holder of any special use permit shall, annually, certify
to the Planning Board or its authorized designee that NIER levels
at the site where the large wireless facilities are located are within
the threshold levels adopted by the FCC. In addition, the Village,
at its own cost and expense, shall be permitted to conduct its own
certification test of the NIER levels at the site where any large
wireless facility is located, with or without notice to the wireless
telecommunication provider. Once operational, but prior to providing
service to customers, as-built readings will be provided to the Village.
A. If large wireless facilities are constructed, repaired, rebuilt,
placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this section
or any special use permit requirement, or it is determined conclusively
that the applicant made materially false or misleading statements
during the application process, then the Planning Board or the Building
Inspector 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 within seven
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 section, if the violation causes, creates or presents an imminent
danger or threat to the health or safety of lives or property, the
Planning Board may, at its sole discretion, order the violation remedied
within 24 hours.
B. If within the period set forth in Subsection
A above the large wireless facilities are not brought into compliance with the provisions of this section, or of the special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Planning Board or the Building Inspector may revoke such special use permit for wireless telecommunications facility and may require the removal of such large wireless facility.
A. Under the following circumstances, the Village may determine that
the safety, public welfare, character and environment of the Village
warrant and require the removal of a large wireless facilities:
(1)
Large wireless facilities with a permit have been abandoned
(i.e., not used as wireless telecommunication facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any 365-day
period, except for periods caused by force majeure or acts of God,
in which case, repair or removal shall commence within 90 days;
(2)
Permitted large wireless facilities fall into such a state of
disrepair that they create a safety hazard;
(3)
Large wireless facilities have been located, constructed, or
modified without first obtaining, or in a manner not authorized by,
the required special use permit, or any other necessary authorization;
or.
(4)
Any large wireless facility is determined to be in violation pursuant to §
200-132.28 above and fails to cure such violation within the time set forth in that section.
B. If the Planning Board makes such a determination as noted in Subsection
A of this section, then it shall notify the holder of the special use permit and the owner of the property that the large wireless facilities are to be removed.
C. The holder of the special use permit or the owner of the property
shall dismantle and remove such large wireless facilities, and all
accessory equipment, antennas, support structures and other associated
structures and facilities, from the site and return the site to its
original condition and certify through soils or other testing that
no contamination has been created by the facility, such restoration
being completed, limited only by physical or commercial impracticability,
within 90 days of receipt of written notice from the Village. However,
if the owner of the property upon which the large wireless telecommunication
facilities are located wishes to retain any access roadway to the
large wireless facilities, the owner may do so with the approval of
the Village.
D. If the large wireless facilities are not removed or substantial progress
has not been made to remove the large wireless facilities within 90
days after the special use permit holder has received notice, then
the Planning Board may order officials or representatives of the Village
to remove the large wireless facilities at the sole expense of the
property owner and/or special use permit holder.
E. If the Village removes or causes to be removed the large wireless
facilities, and the owner of the large wireless facilities does not
claim and remove any equipment or materials to a lawful location within
10 days, then the Village may take steps to declare the large wireless
facilities abandoned and sell them and their components and retain
the proceeds therefrom. The Village may also cause the costs associated
with the removal and disposal of the large wireless facilities to
be assessed on the property in the same manner as a tax or assessment.
In addition to any other remedies in this section, a violation
of any provision of this section with respect to either large wireless
facilities or small wireless facilities are hereby declared to be
an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
Each continued violation shall constitute a separate additional violation.
The holder of a special use permit or small wireless facility
permit issued pursuant to this section shall adhere to and comply
with all applicable rules, regulations, standards, and provisions
of any state or federal agency, including, but not limited to, the
FAA and the FCC. Specifically included in this requirement are any
rules and regulations regarding height, lighting, security, electrical
and RF emission standards.
A. To the extent that applicable rules, regulations, standards, and
provisions of any state or federal agency, including, but not limited
to, the FAA and the FCC, and specifically including any rules and
regulations regarding height, lighting, and security, are amended
and/or are modified during the duration of a special use permit for
large wireless facilities and a small wireless facility permit for
small wireless facilities, then the holder of such a special use permit
or small wireless facility permit shall conform the permitted wireless
telecommunication facilities to the applicable amended and/or modified
rule, regulation, standard, or provision within a maximum of 24 months
of the effective date of the applicable changed and/or modified rule,
regulation, standard, or provision, or sooner as may be required by
the issuing entity.