This chapter shall be known and may be cited
as the "Wireless Telecommunications Facilities Siting Law for the
Incorporated Village of Sea Cliff."
For the purposes of this chapter, and where
not inconsistent with the context of a particular section, the defined
terms, phrases, words abbreviations and their derivations shall have
the meaning given in this section. When not inconsistent with the
context, words in the present tense include the future tense, words
used in the plural number include words in the singular number, and
words in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
ACCESSORY STRUCTURE
An accessory building, facility, or structure serving or
being used in conjunction with a wireless telecommunications facility
and located on the same property or lot as the wireless telecommunications
facility, including, but not limited to, utility or transmission equipment
storage sheds or cabinets, and/or base stations designed and used
to shelter equipment and/or to support personal wireless services.
The term "accessory structure" does not include offices, long-term
storage of vehicles or other equipment storage, or broadcast studios.
ANTENNA
A device used to propagate and/or collect electromagnetic
waves or radio frequency signals.
ANTENNA ATTACHMENTS
All poles or devices that attach an antenna to a tower or
antenna support structure, including all connection cables.
ANTENNA SUPPORT STRUCTURE
Any building or structure, other than a freestanding tower,
used to support antennas used in personal wireless services.
APPLICANT
Any person submitting an application to the Village for a
special use permit for wireless telecommunications facilities.
APPLICATION
The process by which an applicant submits a request to the
Village for a special use permit for a wireless telecommunications
facility. The application shall include all necessary, appropriate,
and written documentation, verbal statements, and representations,
in whatever form or forum submitted or made by an applicant to the
Village concerning such request.
BOARD
The Board of Trustees of the Village of Sea Cliff.
CAMOUFLAGING
The construction of facilities to house or support a wireless
telecommunications facility so that the towers and/or antennas blend
readily with the landscape, neighborhood, and adjacent architectural
features. An example of camouflaging would be a simulated tree.
COLOCATION
The use of the same telecommunications tower, building, facilities
or structure to carry two or more antennas for the provision of wireless
services by two or more persons or entities.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable the Board to evaluate the merits of the application
and to make an informed decision with respect to the effect and impact
of the wireless telecommunications facility on the Village in the
context of the permitted land use for the particular location requested.
EAF
The environmental assessment form approved by the New York
State Department of Environmental Conservation.
ENGINEER
Any person licensed by the State of New York to practice
engineering services.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated
and authorized successor agency.
FREESTANDING TOWER
A self-supporting lattice or monopole structure specifically
designed for the purpose of supporting antennas used in connection
with a wireless telecommunications facility.
HEIGHT
When referring to a freestanding tower or an antenna support
structure, the distance measured from the preexisting grade level
to the highest point on the tower or structure, even if said highest
point is an antenna.
NIER
Nonionizing electromagnetic radiation.
OWNER
Any person with fee title or a long-term (exceeding 10 years)
leasehold to any parcel of land within the Village who desires to
develop or construct, build, modify or erect a tower upon such parcel
of land.
PERSON
Any natural person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit
or not for profit.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed, wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
SITE
The property, including all buildings and structures located
thereon, on which a wireless telecommunications facility is, or is
proposed to be, located.
SPECIAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use a wireless telecommunications facility
as granted or issued by the Village.
STEALTH
Any tower or wireless telecommunications facility which is
designed to enhance compatibility with adjacent land uses, including,
but not limited to, architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, and towers designed
to look other than like a tower such as light poles, power poles,
and trees.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
Any structure used in, associated with or necessary for the
provision of wireless services as described in the definition of "wireless
telecommunications facility."
TEMPORARY
In relation to all aspects and components of this chapter,
fewer than 90 days.
TOWER
Freestanding tower.
WIRELESS TELECOMMUNICATIONS FACILITY (or any functionally equivalent
service or technology that may be developed in the future) [sometimes
referred to herein as "WTF"]
A structure, facility or location designed, or intended to
be used, or used, to transmit and/or receive radio, television, cellular,
paging, 911 data, or personal telecommunications services, commercial
satellite services, or microwave telecommunications signals. Not included
are services used exclusively for fire, police and other dispatch
telecommunications or exclusively for private radio and television
reception and private citizen band, amateur radios and other similar
telecommunications. A wireless telecommunications facility shall include,
without limit, accessory structures and related equipment, antennas
applied to the facade of a building or roof-mounted antennas, antenna
attachments, freestanding towers, monopoles and similar structures,
and all other accessory structures and related equipment.
All wireless telecommunications facilities and
antennas shall be located, fenced or otherwise secured in a manner
which prevents unauthorized access. Specifically:
A. All antennas, towers and accessory structures shall
be made inaccessible to individuals and constructed or shielded in
such a manner that they cannot be climbed or run into.
B. Transmitters and telecommunications control shall
be installed such that they are readily accessible only to persons
authorized to operate or service them.
Wireless telecommunications facilities shall
contain a sign no larger than four square feet to provide adequate
notification to persons in the immediate area of the presence of an
antenna that has transmission capabilities. The sign shall contain
the name(s) of the owner(s) and operator(s) of the antenna(s) as well
as emergency telephone number(s). The sign shall be located so as
to be visible from the access point of the site. No other signage,
including advertising, shall be permitted on any wireless telecommunications
facilities, antennas, antenna support structures or antenna towers,
unless required by law. Signs, including their location, shall be
approved by the Board of Architectural Review.
Antennas, antenna attachments, towers and accessory
structures shall be designed by use of camouflaging and stealth design
to facilitate their blending into the surrounding environment through
the use of color and camouflaging architectural treatment, except
in instances where the color is indicated by federal or state authorities
such as the Federal Aviation Administration. Every antenna, antenna
attachment, tower and accessory structure shall be of neutral colors
that are harmonious with, and that blend with, the natural features,
buildings and structures surrounding such towers, antenna, antenna
attachments and structures; provided, however, that directional or
panel antennas and omnidirectional or whip antennas located on an
antenna support structure shall be of colors that match, and cause
the antenna to blend with, the exterior of the building. Accessory
structures will be designed to be architecturally compatible with
principal structures on the site.
All landscaping and buffer areas on a parcel
of land containing towers, antenna support structures, or telecommunications
structures shall be in accordance with the applicable landscaping
and buffer requirements in the zoning district where the tower, antenna
support structure, or telecommunications structures are located. The
Village may require landscaping or buffer areas in excess of the requirements
in the Village Code in order to enhance compatibility with adjacent
land uses. Landscaping shall be installed on the outside of any fencing.
Existing on-site vegetation shall be preserved to the maximum extent
practicable. The base of the tower and any accessory structures shall
be landscaped.
Any antennas which are not attached to a tower
may be permitted on any antenna support structure at least 50 feet
tall, regardless of the zoning restrictions pertaining to height applicable
to the zoning district where the structure is located. Antennas are
prohibited on all other structures. The owner of such structure shall,
by written certification to the Board of Trustees, establish the following
at the time plans are submitted for a special use permit:
A. The height from grade of the antenna shall not exceed
the height from grade of the antenna support structure by more than
20 feet;
B. Any antenna and antenna attachments located above
the primary roof of an antenna support structure shall be set back
one foot from the edge of the primary roof for each one foot in height
above the primary roof of the antenna. This setback requirement shall
not apply to antennas and their antenna attachments located above
the primary roof of an antenna support structure if such antennas
are appropriately screened from view through the use of panels, walls,
fences, or other screening techniques approved by the Village. Subject
to approval by the Board of Trustees, setback requirements shall not
apply to stealth antennas which are mounted to the exterior of antenna
support structures below the primary roof, but which do not protrude
more than 18 inches from the side of such an antenna support structure.
The extent and parameters of a special use permit
for a wireless telecommunications facility shall be as follows:
A. Such special use permit shall be nonexclusive.
B. Such special use permit shall not be assigned, transferred
or conveyed without the express prior written consent of the Board,
and such consent shall not be unreasonably withheld or delayed.
C. Such special use permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled, or terminated
for a violation of the conditions and provisions of the special use
permit for the wireless telecommunications facility, or for a material
violation of this chapter after prior written notice to the applicant
and the holder of the special use permit.
D. A holder of a special use permit granted under this
chapter shall obtain, at its own expense, all permits and licenses
required by applicable law, rule or regulation and must maintain the
same, in full force and effect, for as long as required by the Village
or other governmental entity or agency having jurisdiction over the
applicant.
E. Applicants shall submit information on the proposed
power density of their proposed wireless telecommunications facility
and demonstrate how this meets FCC standards. Applicants shall submit
evidence of compliance with FCC standards on a yearly basis to the
Village. If new, more restrictive standards are adopted, the antennas
shall be made to comply, or continued operations may be restricted
by the Board of Trustees. The cost of verification of compliance shall
be borne by the owner and operator of the tower.
F. All wireless telecommunication facilities shall be
certified by an engineer to be structurally sound and in conformance
with the requirements of the Building Code and all other construction
standards set forth by the Village's Code and federal and state law.
Such certification shall be submitted with an application pursuant
to this chapter and every three years thereafter. The owner of the
wireless telecommunications facility may be required by the Village
to submit more frequent certifications should there be reason to believe
that the structural and electrical integrity of the wireless telecommunications
facility is jeopardized.
G. Owners of a wireless telecommunications facility and
owners of an antenna support structure shall at all times employ ordinary
and reasonable care and shall install and maintain in use nothing
less than commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injuries, or nuisances
to the public.
H. Owners of a wireless telecommunications facility shall
install and maintain towers, antennas, antenna attachments, accessory
structures, wires, cables, fixtures and all other equipment of the
wireless telecommunications facility in substantial compliance with
the requirements of the National Electric Safety Code and all FCC,
state, and local regulations, and in such manner that will not interfere
with the use of other property.
I. All wireless telecommunications facilities and antenna
support structures shall at all times be kept and maintained in good
condition, order, and repair so that the same shall not menace or
endanger the life or property of any person.
J. All maintenance or construction of wireless telecommunications
facilities and antenna support structures shall be performed by licensed
maintenance and construction personnel.
K. All wireless telecommunications facilities shall maintain
compliance with current RF emission standards of the FCC.
L. In the event that the use of a wireless telecommunications
facility is discontinued by the wireless telecommunications facility
owner, the wireless telecommunications facility owner shall provide
written notice to the Village of its intent to discontinue use and
the date when the use shall be discontinued.
The applicant and the owner of record of any
proposed wireless telecommunications facility 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 and with such sureties as are deemed
sufficient by the Board to assure the faithful performance of the
terms and conditions of this chapter and the conditions of any special
use permit issued pursuant to this chapter. The full amount of the
bond or security shall remain in full force and effect throughout
the term of the special use permit and/or until the removal of the
wireless telecommunications facility, and any necessary site restoration
is completed. The failure to pay any annual premium for the renewal
of any such security shall be a violation of the provisions of the
special use permit and shall entitle the Board to revoke the special
use permit after prior written notice to the applicant and holder
of the permit and after a hearing upon due prior notice to the applicant
and holder of the special use permit.
The holder of the special use permit shall,
annually, certify in writing to the Village that NIER levels at the
site are within the threshold levels adopted by the FCC. The certifying
engineer must be licensed to practice engineering in the State of
New York.
Any applicant desiring relief or exemption from
any aspect or requirement of this chapter may request such from the
Board at a preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special use
permit, or in the case of an existing or previously granted special
use permit a request for modification of its wireless telecommunications
facility. Such relief may be temporary or permanent; partial or complete,
at the sole discretion of the Board. However, the burden of proving
the need for the requested relief or exemption, is solely on the applicant
to prove to the satisfaction of the Board. The applicant shall bear
all costs of the Board or the Village in considering the request and
the relief shall not be transferable to a new or different holder
of the permit or owner of the wireless telecommunications facility
without the specific written permission of the Board. No such relief
or exemption shall be approved unless the applicant demonstrates by
clear and convincing evidence that, if granted, the relief or exemption
will have no significant affect on the health, safety and welfare
of the Village, its residents and other service providers, and the
Board must determine that the grant of relief or exemption does not
conflict with and/or violate the intent of this chapter. Under no
circumstances are the provisions for public hearing contained in this
chapter to be waived.
Where this chapter differs or conflicts with
other laws, rules and regulations, unless the right to do so is preempted
or prohibited by the county, state or federal government, the more
restrictive or protective of the Village and the public shall apply.
This chapter is enacted pursuant to the Municipal
Home Rule Law. This chapter shall supersede the provisions of Village
Law to the extent it is inconsistent with the same, and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law, or any other applicable statute.
This chapter shall take effect 10 days after
publication, posting, and filing with the Secretary of State.