[Added 1-28-2002 by L.L. No. 1-2002]
A.
Title. This article is entitled the "Regulation of
Wireless Telecommunications Towers and Facilities."
B.
Purpose and intent.
(1)
On February 8, 1996, the United States Congress enacted
the Telecommunications Act of 1996 (the Act). The purpose of the Act
is to provide a more competitive environment for wired and wireless
communication services in the United States by deregulating the telecommunications
industry. The Act preserves the authority of local government to regulate
the placement, construction, and modification of wireless services
antennas, towers and accessory structures to protect the health, safety,
and welfare of the public, while granting the Federal Communications
Commission (FCC) exclusive jurisdiction over environmental effects.
Specifically, the Communications Act of 1934, as amended by the Act,
grants the Federal Communications Commission (FCC) exclusive jurisdiction
over:
(2)
The purpose of this article is to establish predictable
and balanced regulations for the siting and screening of accessory
structures, antennas, telecommunications facilities and towers. The
establishment of such regulations is to accommodate the growth of
such systems within the Incorporated Village of Rockville Centre (the
Village). Such regulations will further serve to protect the public
against any adverse impacts on aesthetic resources. In addition, the
regulations will eliminate potential damage to adjacent properties
from tower failure through structural standards and setback requirements.
Finally, the regulations set forth in this article will reduce the
number of towers needed to service the community by maximizing the
use of existing towers and structures.
(3)
The Village's regulation of towers and telecommunications
facilities in the Village will not have the effect of prohibiting
any person from providing wireless telecommunications services in
violation of the Act.
(4)
This article is intended to regulate the placement,
construction, and modification of towers and telecommunications facilities
to protect the health, safety, and welfare of the public, while at
the same time not unreasonably interfering with the development of
the competitive wireless telecommunications marketplace in the Village.
Specifically, this article is intended to:
(a)
Regulate the location of the towers and telecommunications
facilities in the Village;
(b)
Protect residential areas and land uses from
potential adverse impacts of towers and telecommunications facilities;
(c)
Encourage placement of antennas and new towers
on municipal property or in commercial and industrial zones.
(d)
Minimize adverse visual impacts of towers and
telecommunications facilities through careful design, siting, landscaping,
and innovative camouflaging techniques;
(e)
Promote and encourage shared use/collocation
of towers and antenna support structures as a primary option rather
than construction of additional single-use towers;
(f)
Promote and encourage utilization of technological
designs that will either eliminate or reduce the need for erection
of new tower structures to support antenna and telecommunications
facilities;
(g)
Avoid potential damage to property caused by
towers and telecommunications facilities by ensuring such structures
are soundly and carefully designed, constructed, modified, maintained
and removed when no longer used or when determined to be structurally
unsound; and
(h)
Ensure that towers and telecommunications facilities
are compatible with surrounding land uses.
C.
ACCESSORY STRUCTURES
ACT
ANTENNA
ANTENNA SUPPORT STRUCTURE
APPLICANT
APPLICATION
ENGINEER
OWNER
PERSON
PERSONAL WIRELESS SERVICES
STEALTH
TELECOMMUNICATIONS FACILITIES
TOWER
Definitions. The following words, terms, and phrases,
when used in this article, shall have the meaning set forth in this
subsection, except where the context clearly indicates a different
meaning:
Accessory buildings and structures, including 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.
The Telecommunications Act of 1996.
The actual device that transmits and/or receives radio or
electromagnetic waves.
Any building or structure, other than a tower, that can be
used for location of telecommunications facilities.
Any person, as defined in the definition of "person" in this
article, that applies for a building permit for telecommunications
facilities.
The process by which the owner of a parcel of land within
the Village submits a request to develop, construct, build, modify
or erect an antenna, antenna support structure, telecommunications
facility or tower upon such parcel of land. "Application" includes
all written documentation, verbal statements, and representations,
in whatever form or forum, made by an applicant to the Village concerning
such a request.
Any engineer licensed by the State of New York.
Any person with fee title or a long-term (exceeding 10 years)
leasehold to any parcel of land within the Village who desires to
develop, or construct, build, modify or erect a tower, antenna, antenna
support structure, or telecommunications facility upon such parcel
of land.
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not for profit.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Subsection 704 of the Federal Telecommunications Act.
Any tower or telecommunications facility designed to enhance
compatibility with adjacent land uses, including, but not limited
to, architecturally screened roof-mounted antennas, antennas integrated
into architectural elements, and towers designed to look other than
like a tower, such as light poles, power poles, and trees. The term
"stealth" does not necessarily exclude the use of uncamouflaged lattice
or monopole tower designs.
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or
reception of communications which a person seeks to locate or has
installed upon or near a tower or antenna support structure. However,
"telecommunications facilities" shall not include:
A self-supporting lattice or monopole structure constructed
from grade, which supports telecommunications facilities. The term
"tower" shall not include amateur radio operators' equipment, as licensed
by the FCC.
D.
Review authority.
(1)
In a residential district, no accessory structure,
antenna, antenna support system, telecommunications facility or tower
shall hereafter be erected, changed or altered unless the applicant
can establish that the site is necessary to provide adequate service,
and that no alternate site is available, and except after obtaining
a special use permit in conformity with this article.
(2)
In a nonresidential district, no accessory structure
or tower shall be erected, changed or altered except after obtaining
a special use permit in conformity with this article.
(3)
In any nonresidential district, or on any municipal property, the Superintendent of Buildings is authorized to issue a building permit to an applicant to erect, change or alter antennas or telecommunications facilities on an existing building or antenna support structure, upon the Superintendent of Buildings' determination that the applicant has complied with the applicable requirements of § 340-117F(2) of this article. The Superintendent of Buildings has the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna or telecommunications facility, in accordance with the Act.
(4)
The Zoning Board of Appeals is authorized to review
and approve, approve with modifications, or disapprove special use
permits, when such a permit is required, pursuant to this article.
The Zoning Board of Appeals has the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed accessory structure, antenna, antenna support structure,
telecommunications facility or tower, in accordance with the Act.
E.
Procedural requirements. For applications that require
Zoning Board of Appeals approval, the Zoning Board shall conduct a
public hearing within 60 days from the date that an application is
received and determined to be complete by the Superintendent of Buildings.
The Zoning Board of Appeals shall issue a decision within 40 days
of the completion of the hearing. Proceedings or public hearings in
accordance with New York State SEQRA proceedings will stay the time
limitations imposed by this subsection. Any denial of a permit under
this article shall be in writing and shall be supported by substantial
evidence, in accordance with the Act.
F.
Development of towers, antennas, antenna support structures or telecommunications facilities. No person shall build, erect, or construct an accessory structure, antenna, antenna support structure, telecommunications facility or tower upon any parcel of land within any zoning district within the Village unless a special use permit has been approved by the Zoning Board of Appeals when required by Subsection D, and unless a building permit has been issued by the Superintendent of Buildings, in accordance with Subsections D and E.
(1)
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet above the ground upon which the antenna is placed. Towers may be permitted in excess of 150 feet, in accordance with Subsection S, "Criteria for site plan development modifications."
(2)
When applicable, an application to develop an accessory
structure antenna, antenna support structure, telecommunications facility
or tower shall include:
(a)
The name, addresses, and telephones number of
the owner and lessee of the parcel of land upon which the telecommunications
facility or tower is to be situated. If the applicant is not the owner
of the parcel of land upon which the tower is to be situated, an affidavit
attesting to the owner's consent must be provided as part of the application.
(b)
The legal description and address of the parcel
of land upon which the telecommunications facility or tower is to
be situated.
(c)
The names, addresses, and telephone numbers
of all owners of other towers or usable antenna support structures
within a one-half-mile radius of the proposed new telecommunications
facility or tower site, including Village-owned property.
(d)
A site plan including the proposed facilities,
supporting structures, access and planting, and a description of the
design plan proposed by the applicant. An applicant must identify
its utilization of the most recent technological design, including
microcell design, as part of the design plan. An applicant for a tower
must demonstrate the need for tower and why design alternatives, such
as the use of microcell, cannot be utilized to accomplish the provision
of the applicant's telecommunications services.
(e)
An affidavit attesting to the fact that the
applicant made diligent, but unsuccessful, efforts to obtain permission
to install or collocate the applicant's telecommunications facilities
on Village-owned towers or usable antenna support structures located
within a one-half-mile radius of the proposed tower site.
(f)
An affidavit attesting to the fact that the
applicant made diligent, but unsuccessful, efforts to install or collocate
the applicant's telecommunications facilities on towers or usable
antenna support structures owned by other persons located within a
one-half-mile radius of the proposed tower site.
(g)
Written technical evidence from a licensed engineer
that the proposed tower or telecommunications facilities cannot be
installed or collocated on another person's tower or usable antenna
support structures owned by other persons located within a one-half-mile
radius of the proposed tower site.
(h)
A written statement from a licensed engineer
that the construction and placement of the tower will not interfere
with public safety communications and the usual and customary transmission
or reception of radio, television, or other communications services
enjoyed by adjacent residential and nonresidential properties, or
with the Village's electrical transmission lines.
(i)
A written report from an independent and certified
industrial hygienist, or expert whose qualifications are acceptable
to the Village, which provides certification that the RF emissions
do not exceed those acceptable under the Act and FCC guidelines. In
addition, when installation is complete and the equipment is fully
operational, a written report from an independent and certified industrial
hygienist or expert whose qualifications are acceptable to the Village,
which provides certification that the RF emissions do not exceed those
acceptable under the Act and FCC guidelines.
(j)
Written, technical evidence from a licensed engineer that the proposed structure meets the standards set forth in § 340-117I, "Structural requirements," of this article.
(k)
Written, technical evidence from a licensed
engineer acceptable to the Fire Chief, Village Engineer and the Superintendent
of Buildings that the proposed site of the tower or telecommunications
facilities does not pose a risk of explosion, fire, or other danger
to life or property due to its proximity to volatile, flammable, explosive,
or hazardous materials such as LP gas, propane, gasoline, natural
gas, or corrosive or other dangerous chemicals.
(l)
To assist Village staff and the Zoning Board
of Appeals in evaluating visual impact, the applicant shall submit
color photo simulations showing the proposed site of the tower with
a photo-realistic representation of the proposed tower as it would
appear viewed from the closest residential property and from adjacent
roadways.
(m)
A completed environmental assessment form, in
accordance with SEQRA.
(n)
The Act gives the FCC sole jurisdiction of the
field of regulation of RF emissions and does not allow the Village
to condition or deny on the basis of RF impacts the approval of any
telecommunications facilities (whether mounted on towers or antenna
support structures), as long as the RF emissions meet FCC standards.
Antennas and towers shall be subject to state and federal regulations
pertaining to nonionizing radiation and other health hazards related
to such facilities. Applicants shall be required to submit information
on the proposed power density of their proposed telecommunications
facilities and demonstrate, through an independent certified industrial
hygienist, or expert whose qualifications are acceptable to the Village,
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 with FCC standards or continued operations may be restricted
by the Board of Trustees. The cost of verification of compliance shall
be paid by the owner and operator of the tower.
(3)
The use of guyed towers is prohibited. Towers must
be self-supporting without the use of wires, cables, beams or other
means. The design should utilize an open framework or monopole configuration.
Permanent platforms or structures, exclusive of antennas, that serve
to increase off-site visibility are prohibited.
(4)
The base of the tower shall not occupy more than 500
square feet, and the top of the tower shall be no longer than the
base.
(5)
Minimum spacing between tower locations is 1/4 of
a mile.
(6)
The Superintendent of Buildings or the Zoning Board
of Appeals may require an applicant to supplement any information
that is considered inadequate or that the applicant has failed to
supply, and may deny an application on the basis that the applicant
has not satisfactorily supplied the information required in this subsection.
G.
Collocation requirements. All towers erected, or located
within the Village, shall comply with the following requirements:
(1)
A proposal for a tower shall not be approved unless
the Zoning Board of Appeals finds that the antenna planned for the
proposed tower cannot be accommodated on an existing or approved tower
or building within a one-mile search radius (one-half-mile search
radius for towers under 120 feet in height, one quarter mile search
radius for towers under 80 feet in height) of the proposed tower due
to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity
of the existing or approved tower or building, as documented by a
licensed engineer, and the existing or approved tower cannot be reinforced,
modified, or replaced to accommodate the planned or equivalent antenna
at a reasonable cost.
(b)
The antenna would cause interference materially
impacting the usability of other existing or planned antennas at the
tower or building as documented by a licensed engineer and the interference
cannot be prevented at a reasonable cost.
(c)
Existing or approved towers and buildings within
the search radius cannot accommodate the antenna at a height necessary
to function reasonably as documented by a licensed engineer acceptable
to the Village.
(d)
Other foreseen reasons that make it infeasible
to locate the antenna upon an existing or approved tower or building.
(2)
Any proposed tower shall be designed, structurally,
electrically, and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least two additional users
if the tower is over 100 feet in height or for at least one additional
user if the tower is over 60 feet in height. Towers must be designed
to allow for future rearrangement of antennas upon the tower and to
accept antennas mounted at varying heights. The applicant shall submit
a letter of intent committing the applicant, and its successors in
interest, to negotiate in good faith for shared use of the proposed
tower by other personal wireless service providers in the future.
The issuance of a special use permit (assuming the tower is approved
according to this section) shall commit the new tower owner and its
successors in interest to:
(a)
Responding in a timely, comprehensive manner
to a request for information from a potential shared-use applicant.
(b)
Negotiating in good faith concerning future
requests for shared use of the new tower by other personal wireless
service providers.
(c)
Allowing shared use of the new tower if another
personal wireless service provider agrees in writing to pay charges.
(d)
Making no more than a reasonable charge for
shared use, based on generally accepted accounting principles. The
charge may include, but is not limited to, a pro rata share of the
cost of site selection, planning, project administration, land costs,
site design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(3)
To ensure that neighboring municipalities are informed,
and to facilitate the possibility of directing that an existing tall
structure or existing tower in a neighboring municipality be considered
for shared use, the Zoning Board of Appeals shall require that:
(a)
An applicant who proposes a new tower shall
notify in writing the legislative body of each municipality that borders
the Village and the County Planning Commission. Notification shall
include the exact location of the proposed tower, and a general description
of the project, including, but not limited to, the height of the tower
and its capacity for future shared use.
(b)
Documentation of this modification shall be
submitted to the Zoning Board of Appeals at the time of application.
H.
Setbacks. Towers and all accessory structures shall
conform to each of the following minimum setback requirements:
(1)
All towers up to 100 feet in height shall be set back
on all sides a distance equal to the underlying setback requirement
in the applicable zoning district. Towers in excess of 100 feet in
height shall be set back one additional foot per each foot of tower
height in excess of 100 feet.
(2)
Setback requirements for towers shall be measured
from the base of the tower to the property line of the parcel of land
on which it is located.
(3)
Setback requirements may be modified, as provided in Subsection S(2)(a), when placement of a tower in a location that will reduce the visual impact can be accomplished.
(4)
The minimum setbacks of the underlying zoning district
shall be met, with the exception of industrial zoning districts, where
towers and accessory structures may encroach into the rear setback
area, provided that the real property line abuts another industrially
zoned property and the tower does not encroach upon any easements.
(5)
Towers and accessory structures shall be set back
from the planned public rights-of-way as shown on the most recently
adopted plan or map of the Village showing such rights-of-way, by
a minimum distance equal to one half of the height of the tower, including
all antennas and attachments.
(6)
Setback requirements may be modified in the sole discretion
of the Zoning Board of Appeals to allow the integration of a tower
into an existing or proposed structure such as a church steeple, light
pole, power line, or similar structure.
I.
Structural requirements. All towers must be designed
and certified by a licensed engineer to be structurally sound and,
at minimum, in conformance with the Village Code, and any other standards
outlined in this article. All towers in operation shall be affixed
to land.
J.
Separation or buffer requirements. For the purpose
of this article, the separation distances between towers shall be
measured by drawing or following a straight line between the base
of the existing or approved structure and the proposed base, pursuant
to a site plan, of the proposed tower. Tower separation distances
from residentially zoned lands shall be measured from the base of
a tower to the closest point of residentially zoned property. The
minimum tower separation distances from residentially zoned land and
from other towers shall be calculated and applied irrespective of
Village jurisdictional boundaries.
(1)
Towers shall be separated from all residentially zoned
lands by a minimum of 200 feet or 200% of the height of the proposed
tower, whichever is greater.
(2)
Proposed towers must meet the following minimum separation
requirements from existing towers or towers that have a special use
permit but are not yet constructed at the time a special use permit
is granted pursuant to this article:
(a)
Monopole tower structures shall be separated
from all other towers, whether monopole or self-supporting lattice,
by a minimum of 750 feet.
(b)
Self-supporting lattice towers by a minimum
of 1,500 feet.
(c)
Self-supporting lattice tower structures shall
be separated from all monopole towers by a minimum of 750 feet.
K.
Method of determining tower height. Measurement of
tower height for the purpose of determining compliance with all requirements
of this article shall include the tower structure itself, the base
pad, and any other telecommunications facilities attached thereto
which extend more than 20 feet over the top of the tower structure
itself. Tower height shall be measured from grade.
L.
Illumination. Artificial light shall be limited to
that required by the Federal Aviation Administration or other federal
or state authority for a particular tower. Upon commencement of construction
of a tower, in cases where there are residential uses located within
a distance which is 300 percent of the height of the tower from the
tower and when required by federal law, dual-mode lighting shall be
requested from the Federal Aviation Administration.
M.
Design of antennas, towers and accessory structures.
Antennas, towers and accessory structures shall be designed to blend
into the surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is indicated
by federal or state authorities such as the Federal Aviation Administration.
Every antenna, tower and accessory structure shall be of neutral colors
that are harmonious with, and that blend with, the natural features,
buildings and structures surrounding such antenna and structure; provided,
however, that directional or panel antennas and omnidirectional or
whip antennas located on the exterior of a building that will also
serve as an antenna tower shall be of colors that match, and cause
the antenna to blend with, the exterior of the building. Accessory
structures shall be designed to be architecturally compatible with
principal structures on the site.
N.
Landscaping and security of structures. All landscaping
on a parcel of land containing towers, antenna support structures
or telecommunications facilities shall be in accordance with the applicable
landscaping requirements in the zoning district where the tower, antenna
support structure, or telecommunications facilities is located. The
Village may require landscaping in excess of the requirements in the
Village Code to enhance compatibility with adjacent land uses. Landscaping
shall be installed on the outside of any fencing. Existing on-site
vegetation shall be preserved to the maximum extent practicable. The
base of the tower and any accessory structures shall be landscaped.
Towers and accessory structures shall be provided with security fencing,
to prevent unauthorized entry.
O.
Access. A parcel of land upon which a tower is located
must provide access to at least one paved vehicular parking space
on site. A road and parking will be provided to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made.
P.
Stealth design. All towers shall be of stealth design.
Q.
Certifications and inspections.
(1)
All towers shall be certified by a licensed engineer
as structurally sound and in conformance with the requirements of
the Building Code and all other construction standards set forth by
the Village's Code and federal and state law. For new monopole towers,
such certification shall be submitted with an application and every
two years thereafter. The tower owner may be required by the Village
to submit more frequent certifications should there be reason to believe
that the structural and electrical integrity of the tower is jeopardized.
(2)
The Village or its agents shall have authority to
enter onto the property upon which a tower is located, between the
inspections and certifications required above, to inspect the tower
for the purpose of determining whether it complies with the Village
Code and all other construction standards provided by the Village
Code and federal and state law.
(3)
The Village reserves the right to conduct such inspections
at any time, upon reasonable notice to the tower owner. All expenses
related to such inspections by the Village shall be borne by the tower
owner.
R.
Maintenance.
(1)
Tower owners shall at all times employ ordinary and
reasonable care and shall install and maintain in use nothing less
than commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injuries, or nuisances
to the public.
(2)
Tower owners shall install and maintain towers, telecommunications
facilities, wires, cables, fixtures and other equipment in substantial
compliance with the requirements of the National Electric Safety Code
and all FCC, state, and local regulations, and in such manner that
will not interfere with the use of other property.
(3)
All towers, telecommunications facilities, and antenna
support structures shall at all times be kept and maintained in good
condition, order, and repair so that the same shall not menace or
endanger the life or property of any person.
(4)
All maintenance or construction of towers, telecommunications
facilities, or antenna support structures shall be performed by licensed
maintenance and construction personnel.
(5)
All antennas, telecommunications facilities and towers
shall maintain compliance with current RF emission standards of the
FCC, and shall be tested for compliance every two years by a certified
industrial hygienist to be selected by the Village. The owner shall
pay any fee related to the testing.
(6)
In the event that the tower owner discontinues the
use of a tower, the tower owner shall provide written notice to the
Village of its intent to discontinue use and the date when the use
shall be discontinued.
S.
Criteria for site plan development modifications.
(1)
Notwithstanding the tower requirements provided in
this article, a modification to the requirements may be approved by
the Zoning Board of Appeals as a conditional use in accordance with
the following:
(a)
In addition to the requirements for a tower
application, the application for modification shall include the following:
[1]
A description of how the plan addresses any
adverse impact that might occur as a result of approving the modification.
[2]
A description of off-site or on-site factors
that mitigate any adverse impacts that might occur as a result of
the modification.
[3]
A technical study that documents and supports
the criteria submitted by the applicant upon which the request for
modification is based. The technical study shall be certified by a
licensed engineer and shall document the existence of the facts related
to the proposed modifications and its relationship to surrounding
rights-of-way and properties.
[4]
For a modification of the setback requirement,
the application shall identify all parcels of land where the proposed
tower could be located, attempts by the applicant to contract and
negotiate an agreement for collocation, and the result of such attempts.
[5]
The Zoning Board of Appeals may require the
application to be reviewed by an independent engineer under contract
to the Village to determine whether the antenna study supports the
basis for the modification requested. The costs of the review by the
Village's engineer shall be reimbursed to the Village by the applicant.
(b)
The Zoning Board of Appeals shall consider the
application for modification based on the following criteria:
[1]
That the tower as modified will be compatible
with and will not adversely impact the character and integrity of
surrounding properties.
[2]
Off-site or on-site conditions exist which mitigate
the adverse impacts, if any, created by the modification.
[3]
In addition, the Zoning Board of Appeals may
include conditions on the site where the tower is to be located if
such conditions are necessary to preserve the character and integrity
of the neighborhoods affected by the proposed tower and mitigate any
adverse impacts that arise in connection with the approval of the
modification.
(2)
In addition to the requirements of Subsection S(1)(a) of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following:
(a)
In the case of a requested modification to the setback requirements set forth in Subsection H, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.
(c)
In the case of a requested modification of the separation and buffer requirements from residentially zoned land of Subsection J, if the person provides written technical evidence from a licensed engineer, acceptable to the Village, that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.
(d)
In the case of a request for modification of
the height limit for towers and telecommunications facilities or to
the minimum height requirements for antenna support structures, that
the modification is necessary to: facilitate collocation of telecommunications
facilities in order to avoid construction of a new tower; or to meet
the coverage requirements of the applicant's wireless communications
system, which requirements must be documented with written, technical
evidence from a licensed engineer that demonstrates that the height
of the proposed tower is the minimum height required to function satisfactorily,
and no tower that is taller than such minimum height shall be approved.
T.
Abandonment.
(1)
If any tower shall cease to be used for a period of
365 consecutive days, the Superintendent of Buildings shall notify
the owner, with a copy to the applicant, that the site will be subject
to a determination by the Zoning Board of Appeals that such site has
been abandoned. The owner shall have 30 days from receipt of said
notice to show, by a preponderance of the evidence, that the tower
has been in use or under repair during the period. If the owner fails
to show that the tower has been in use or under repair during the
period, the Zoning Board of Appeals shall issue a final determination
of abandonment for the site. Upon issuance of the final determination
of abandonment, the owner shall, at its own expense and within 75
days, dismantle and remove the tower.
(2)
In the event a tower is not removed within the relevant
time period, the tower and associated facilities may be removed by
the Village and the costs of removal assessed against the owner.
(3)
Unused portions of towers above a manufactured connection
shall be removed within six months of the time of antenna relocation.
The replacement of portions of a tower previously removed requires
the issuance of a new special use permit.
U.
Severability. If any clause, section, or other part
of this article shall be held invalid or unconstitutional by any court
of competent jurisdiction, the remainder of this article shall not
be affected thereby, but shall remain in full force and effect.
V.
Conflicts (repeal of local laws). All local laws or
parts of local laws in conflict herewith are hereby repealed.
W.
Signs and advertising on towers. The use of any portion
of a tower for signs other than warning or equipment information signs
is prohibited.
X.
Compliance with other laws. The operator of every
tower, antenna and accessory structure shall submit to the Village
Clerk copies of all licenses and permits required by other agencies
and governments with jurisdiction over the design, construction, location
and operation of such tower, antenna and accessory structure and shall
maintain such licenses and permits and provide evidence of renewal
or extension thereof when granted.
Y.
Assignment of permit. Every special use permit granting
approval of an antenna, tower or accessory structure shall state that
any assignment or transfer of the special use permit or of any rights
thereunder may be made only with the approval of the Village.
Z.
Review of special use permit. The special use permit
shall be subject to review by the Zoning Board of Appeals at five-year
intervals to determine the following:
(1)
Whether the technology in the provision of personal
wireless services has changed such that the necessity for the special
use permit at the time of its approval has been eliminated or modified;
and
(2)
Whether the special use permit should be modified
or terminated as a result of any such change.
AA.
Fees. Upon initial application for a building permit
or a special use permit for the maintenance of a tower, antenna or
accessory structure pursuant to this article, and upon subsequent
renewals of such special use permit, the applicant shall pay a fee
to the Village as shall be set from time to time by resolution of
the Board of Trustees.
BB.
Effective date. This article shall become effective
immediately upon filing with the Secretary of State.
