[HISTORY: Adopted by the Board of Trustees of the Village of Florida 2-13-2001
by L.L. No. 1-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 119.
A.
To establish clear standards for the siting of wireless
communications facilities, buildings and structures, equipment, communications
towers, antenna towers and monopoles.
B.
To promote the health, safety, and general welfare of
the residents of the Village of Florida, through the establishment of minimum
standards to reduce adverse visual effects of communications facilities, including,
but not limited to, transmission towers and antennas, through the use of advanced
technology, careful design, siting, and screening and buffering.
C.
To protect residential areas and land uses and property
values from potential adverse impacts of towers and antennas.
D.
To encourage the location of communications facilities
and communications towers in areas suitably screened, buffered and adequately
separated from residential uses.
E.
To minimize the total number of communications facilities
and communications towers throughout the community.
F.
To encourage the joint use of new and existing communications
tower sites as a primary option rather than construction of additional single-use
communications towers while recognizing that collocation on higher towers
is not always preferable to two less visible, less obtrusive shorter towers;
thereby maximizing the use of existing communications towers or alternative
antenna host sites, while not unreasonably limiting competition among communications
providers or unreasonably limiting reception of receive-only antenna.
G.
To require users of communications towers and antennas
to locate them, to the extent possible, in areas where the adverse impact
on the community is shown to be minimal.
H.
To require users of communications towers and antennas
to configure them in a way that minimizes adverse visual, aesthetic and community
character intrusion impacts caused by the installation and view of communications
towers and antennas, through careful design, siting, landscape screening and
buffering, sufficient setbacks to reduce visual impacts to adjacent properties,
and innovative camouflaging techniques such as alternative tower structures,
thereby protecting the physical appearance of the community and preserving
its scenic and natural beauty.
I.
To avoid potential damage to adjacent properties from
communications towers through careful engineering and appropriate siting of
communications towers.
J.
To enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively, and
efficiently by facilitating the siting of personal wireless communications
facilities.
As used in this chapter, the following terms shall have the meanings
indicated:
An accessory facility or structure serving or being used in conjunction
with a telecommunications facility and located on the same property or lot
as the telecommunications tower, including, but not limited to, utility or
transmission equipment storage sheds or cabinets.
A device used in communications that converts radio frequency electrical
energy to radiated electromagnetic energy and vice versa; in a transmitting
station, an antenna is the device from which radio waves are emitted.
Includes any individual, corporation, estate, trust partnership,
joint-stock company, association of two or more persons, limited liability
company or entity submitting an application to the Village of Florida for
a special permitted use for a telecommunications facility.
The form approved by the Planning Board, together with all necessary
and appropriate documentation that an applicant submits in order to receive
a special permitted use for a telecommunications facility.
The location on a telecommunications tower which, in the event of
a failure of the tower, would result in the tower falling or collapsing within
the boundaries of the property on which the tower is placed.
A structure wholly or partially enclosed with exterior walls, or
an exterior party wall and a roof, affording shelter to personal property.
The mounting of personal wireless service facilities used by two
or more persons, firms or corporations on the same equipment-mounting structure.
An application that contains all information and/or data necessary
to enable the Planning Board to evaluate the merits of the application and
to make an informed decision with respect to the effect and impact of the
telecommunications tower on the Village in the context of the permitted land
use for the particular location requested.
The Environmental Assessment Form approved by the New York State
Department of Environmental Conservation.
The Federal Aviation Administration or its duly designated and authorized
successor agency.
The Federal Communications Commission or its duly designated and
authorized successor agency.
A tower that is not supported by guy wires and ground anchors or
other means of attached or external support.
When referring to a tower or structure, the distance measured from
the preexisting grade level to the highest point on the tower or structure,
even if the said highest point is an antenna.
Nonionizing electromagnetic radiation.
See definition for "telecommunications tower."
Shall have the same meaning as defined and used in the 1996 Federal
telecommunications Act.
The Village of Florida Planning Board is the officially designated
agency or body of the community to whom applications for a special permitted use
for a telecommunications facility must be made and that is authorized to review,
analyze, evaluate and make decisions with respect to granting or revoking
special permitted use approvals for telecommunications facilities. The Planning
Board may, at its discretion, delegate or designate other official agencies
of the Village to accept, review, analyze, evaluate and make recommendations
to the Planning Board with respect to the granting or not granting, recertifying
or not recertifying or revoking special permitted use approvals for telecommunications
facilities.
The official document or permit by which an applicant is allowed
to construct and use a telecommunications tower as granted or issued by the
Village.
The transmission and reception of audio, video, data and other information
by wire, radio frequency, light and other electronic or electromagnetic systems.
The Village of Florida, New York.
A structure or location designed or intended to be used to support
antennas. It includes without limit antennas applied to the facade of a building
or roof-mounted antennas, freestanding towers, guyed towers, monopoles and
similar structures that employ camouflage technology and include, but is not
limited to, structures such as a church steeple, water tower, sign or other
similar structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It is a facility or structure intended
for transmitting and/or receiving radio, television, cellular, paging, personal
telecommunications services or microwave telecommunications, but excluding
those used exclusively for private radio and television reception and private
citizens' bands, amateur radio and other telecommunications.
Any structure used in, associated with or necessary for the provision
of wireless services and as described in the definition of "wireless telecommunications
facility."
All applicants for a special permitted use for a telecommunications
facility or any modification of such facility shall comply with the requirements
set forth in this section.
A.
An application for a special permitted use for a wireless
telecommunications 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.
The applicant shall demonstrate that he/she is authorized to do business in
New York State and that the proposed wireless telecommunications facility
can be maintained in a safe manner and in compliance with all conditions of
the special permitted use. 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.
B.
No wireless telecommunications facility or tower shall
be installed or constructed until a plan of the site is reviewed and approved
by the Planning Board. No construction may be undertaken in furtherance of
an application until SEQR review has been completed and site plan approval
and special permit approvals have been granted by the Planning Board.
C.
Applications not meeting the requirements stated herein
or which are otherwise incomplete shall be rejected by the Planning Board.
In all cases where this chapter requires approval of site development
plans by the Planning Board, no building permit shall be issued by the Building
Inspector except upon authorization of and in conformity with the plans approved
by the Planning Board.
A.
Procedure. No building permit shall be issued for any
building or use of land within the purview of this section unless the building
is constructed or used or the land is developed or used in conformity with
an approved site development plan.
(1)
Presubmission. Prior to the development of detailed plans
and the submission of a formal site development plan, the applicant should
meet in person with the Planning Board and/or its designated representative
to discuss the proposed site development plan in order to determine which
of the subsequent requirements shall be necessary in developing and submitting
the required site development plan.
(2)
Final submission. At least 15 days in advance of the Planning Board meeting at which a site development plan or an amendment of it is to be presented, the information enumerated in Florida Code § 119-33 must be submitted as required to the Secretary of the Planning Board, in triplicate, along with a letter of application. All maps submitted must be at a scale of not less than 30 feet to the inch.
B.
Plan requirements. The information to be submitted, and
which in total constitutes a site development plan, is as follows:
(1)
Legal data.
(a)
The names of all owners of record of all adjoining property.
(b)
Existing school, zoning and special district boundaries.
(c)
Boundaries of the property, building or setback lines
and lot lines and lines of existing streets as shown on the Village's Official
Map. Reservations, easements and areas dedicated to public use, if known,
shall be shown.
(2)
Existing buildings. A drawing showing the location of
existing buildings.
(3)
Development data.
(a)
Title of development, date, North point, scale, name
and address of record owner, engineer, architect, land planner or surveyor
preparing the site development plan.
(b)
The proposed use or uses of land and buildings, proposed
location of towers and buildings, including any signs, fences and lighting
facilities and similar items.
(c)
All means of vehicular access and egress to and from
the site onto public streets.
(d)
The location and design of any off-street parking areas
or loading areas.
(e)
The location of all proposed waterlines, valves and hydrants
and of all sewer lines or alternative means of water supply and sewage disposal
and treatment.
(f)
The proposed location, direction, power and time of proposed
outdoor lighting.
(g)
The proposed screening and landscaping.
(h)
Proposed stormwater drainage system.
(i)
Location of all uses not requiring a structure.
(j)
Where the applicant wishes to develop in stages, a site
plan indicating ultimate development shall be presented for approval.
C.
Additional data. Where, due to special conditions peculiar
to a site or the size, nature or complexity of the proposed use or development
of land or buildings, the Planning Board finds that all or portions of the
additional data listed below are necessary for proper review of the site development
plan, the Board may require any or all of such data to be included in the
required submission of the site development plan.
(1)
Legal data.
(a)
A survey, showing all lengths, shall be in feet and decimals
of a foot, and all angles shall be given to the nearest 10 seconds or closer
if deemed necessary by the surveyor. The error of closure shall not exceed
one to 10,000.
(b)
A copy of any covenants or deed restrictions that are
intended to cover all or any part of the tract.
(2)
Existing facilities. Location of existing water mains,
culverts and drains on the property, with pipe sizes, grades and direction
of flow.
(3)
Topographic data.
(a)
Existing contours at intervals of five feet or less,
referred to a datum satisfactory to the Board.
(b)
Location of existing watercourses, marshes, wooded areas,
rock outcrops, single trees with a diameter of 12 inches or more as measured
three feet above the base of the truck and other significant existing features.
(4)
Development data.
(a)
All proposed lots, easements and public and community
areas; all proposed streets, with profiles indicating grading and cross sections
showing width of roadway, location and width of sidewalk and location and
size of utility lines. All lengths shall be in feet and decimals of a foot,
and all angles shall be given to the nearest 10 seconds or closer.
(b)
All proposed grades.
(c)
The proposed screening and/or landscaping as shown on
a planting plan by a qualified landscape architect or architect.
D.
Duties of the Planning Board. In approving the site development
plan for any particular use, the Planning Board shall give specific consideration
to the design of the following:
(1)
Traffic access. That all proposed traffic access and
ways are adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners or other places of public
assembly; and other similar safety considerations.
(2)
Circulation and parking. That adequate off-street parking
and loading spaces are provided to prevent parking in public streets of vehicles
of any persons connected with or visiting the use and that the interior circulation
system is adequate to provide safe accessibility to all required off-street
parking lots.
(3)
Landscaping and screening. That all playgrounds, parking
and service areas are reasonably screened at all seasons of the year from
the view of adjacent residential lots and streets and that the general landscaping
of the site is in character with that generally prevailing in the neighborhood.
Existing trees over 12 inches in diameter, measured three feet above the trunk,
shall be retained to the maximum extent possible.
E.
Approval. The approval required by this section or the
refusal to approve shall take place within 60 days from and after the time
of the submission of the plan for approval; otherwise, such plan shall be
deemed to have been approved.
F.
Waiver of required information. Upon findings by the
Planning Board that, due to special conditions peculiar to a site, certain
of the information normally required as part of the site plan is inappropriate
or unnecessary or that strict compliance with said requirements may cause
extraordinary and unnecessary hardships, the Board may vary or waive the provision
of such information, provided that such variance or waiver will not have detrimental
effects on the public health, safety or general welfare or have the effect
of nullifying the intent and purpose of the site plan submission, Official
Map, Master Plan or this chapter.
G.
Process. Applicants for special permits under this chapter
shall file with the Planning Board Secretary 12 copies of the following documents
at least 15 days in advance of the next regularly scheduled meeting of the
Planning Board:
(1)
Site plan. A site plan, in conformance with applicable site plan submission requirements contained in § 119-33 of the Code of the Village of Florida, as cited in above Sections A through F. The site plan shall show elevations, height, width, depth, type of materials, color schemes, and other relevant information for all existing and proposed structures, equipment, parking, and other improvements. The site plan shall also include a description of the proposed personal wireless service facility and such other information that the Planning Board requires, including, but not limited to, the postal address and the Tax Map number of the property, verification of the location in the Rural Residence District in the Village, size of the property stated both in square feet and lot size dimensions along with a diagram showing the location of all lot lines, location of all residential structures within 750 feet of the proposed lot line and the location of all occupied structures within 750 feet of the proposed lot line.
(2)
Environmental assessment form. A completed long form
Environmental Assessment Form (EAF), including the Visual EAF Addendum shall
be submitted by the applicant. The Visual EAF Addendum shall be in the form
of a visual impact assessment which shall include:
(a)
A Zone of Visibility Map, indicating the full range and
line of sight within which the proposed facility will be visible.
(b)
Pictorial representations of before and after views from
key viewpoints to be determined by the Planning Board, including, but not
limited to, state highways and other major roads; state and local parks; other
public lands; historical districts; preserves and historical sites normally
open to the public; and from any other location where the site is visible.
(c)
An assessment of the visual impact of the facility base,
guy wires and accessory buildings from abutting and adjacent properties and
streets.
(d)
A discussion of the feasibility of disguising the proposal
utilizing stealth technology to blend with surrounding vista.
(3)
Visual impact graphic information.
(a)
Graphic information that accurately portrays the visual
impact of the personal wireless service facility from various vantage points
selected by the Village Building Inspector. This graphic information should
be provided in the form of photographs and computer-generated images with
the personal wireless service facility superimposed.
(b)
The applicant shall provide a plan for the mitigation
of the visual impacts which shall include a screening plan and such other
methods as the applicant may employ to diminish any adverse visual impact
attributable to the proposal.
(4)
Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type, and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences, and materials used. For towers or monopoles, the landscape plan shall also address the criteria set forth in § 117-7.
(6)
Map of proposed coverage and existing facilities. A map
showing the area of coverage of the proposed facility and listing all existing
personal wireless service facilities in the Village and bordering municipalities.
(7)
Documentation of other personal wireless service facility
sites. If a new site for a personal wireless service facility is proposed,
the applicant shall submit a report setting forth in detail: a) an inventory
of existing personal wireless service facilities within the Village, to the
extent that this information is available to the applicant from the Building
Inspector's files and other sources; b) an inventory of existing personal
wireless service facilities in other municipalities that can be utilized or
modified in order to provide coverage to the locations the applicant is seeking
to serve, to the extent that this information is available to the applicant;
and c) a report on the possibilities and opportunities for collocation as
an alternative to a new site.
(8)
Report on existing tall structures. If a new site for
a personal wireless service facility is proposed, the applicant shall submit
a report that, in detail: identifies all existing tall structures, such as
water tanks, utility poles, church spires, etc., in the Rural Residence District,
and outlines the possibilities for use of those tall structures as an alternative
to new construction, including a statement as to whether the owner of the
tall structures would permit the location of the proposed personal wireless
service facility on that structure.
(9)
Documentation of proposed height. Documentation sufficient
to demonstrate that the proposed height is the minimum height necessary to
provide service to locations that the applicant is not able to serve with
existing facilities within and outside the Village.
(10)
Structural engineering report.
(a)
A report prepared by a New York State licensed professional
engineer specializing in structural engineering as to the structural integrity
of the personal wireless service facility and its compliance with the New
York State Building Code. In the case of a tower or monopole, the structural
engineering report shall describe the structure's height and design including
a cross section of the structure, demonstrate the structure's compliance with
applicable structural standards, and describe the structure's capacity, including
the number of antennas it can accommodate and the precise point at which the
antenna shall be mounted. Also required will be certification that the topographic
and geologic conditions which are to be confirmed by field tests are sufficient
to assure the stability of the tower.
(b)
In the case of an antenna mounted on an existing structure,
the structural engineering report shall indicate the ability of the existing
structure to accept the antenna, any modifications to the existing structure
that may be required, the proposed method of affixing the antenna to the structure,
and the precise point at which the antenna shall be mounted. In addition,
the report shall certify that the proposed personal wireless service facility
will not diminish the structural integrity and safety of the existing structure.
(c)
All wireless telecommunications facilities shall be constructed,
operated, maintained, repaired, modified or restored in strict compliance
with all current technical, safety and safety-related codes adopted by the
Village, county, state or United States, including, but not limited to, the
most recent editions of the National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsibly workmanlike industry
practices and recommended practices of the National Association of Tower Erectors.
The codes referred to are codes that include, but are not limited to, construction,
building, electrical, fire, safety, health and land use codes. In the event
of a conflict between or among any of the preceding, the more stringent shall
apply.
(11)
Engineering analysis of radio emissions.
(a)
An engineering analysis of the radio emissions and a
propagation map for the proposed personal wireless service facility shall
be required. The analysis shall be prepared and signed by a New York State
licensed professional engineer specializing in electrical engineering. The
results from the analysis must clearly show that the power density levels
of the electromagnetic energy generated from the proposed facility are within
the allowable limits established by the Federal Communications Commission
(FCC), or, in the absence of limits established by the FCC, by the American
National Standards Institute (ANSI), that are in effect at the time of the
application. Other information shall include, but not be limited to, the make,
model and manufacturer of the facility and antenna(s), the frequency, modulation
and class of service of radio or other transmitting equipment, the direction
of maximum lobes and associated radiation of the antenna(s), the transmission
and maximum effective radiated power of the antenna(s), the applicant's proposed
wireless facility maintenance and inspection procedures and a copy of the
FCC license applicable for the use of the wireless telecommunications facility.
(b)
If the proposed personal wireless service facility would
be collocated with an existing facility or would be located within 250 feet
of another personal wireless service facility, the cumulative effects of the
facilities must also be analyzed. The power density analysis shall be based
on the assumption that all antennas mounted on the proposed facility and any
other facility within 250 feet are simultaneously transmitting radio energy
at a power level equal to the maximum antenna power rating specified by the
antenna manufacturer.
(12)
Statement regarding noninterference. A certified statement
by a New York State licensed professional engineer specializing in electrical
engineering that installation of the personal wireless service facility will
not interfere with the radio or television service enjoyed by adjacent residential
and nonresidential properties or with public safety telecommunications.
(13)
Statement regarding collocation. For a new tower or monopole,
a statement by the applicant that the applicant and its successors in interest
will:
(a)
Negotiate in good faith for shared use of the proposed
personal wireless service facility by other personal wireless service providers
in the future;
(b)
Respond in a timely and comprehensive manner to a request
for information from a potential shared use applicant;
(c)
Allow shared use of the new tower if it is technically
and economically feasible and if another personal wireless service provider
agrees in writing to pay charges; and
(d)
Make 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.
(14)
Application fees. At the time of submittal of an application
for a special permitted use for a new wireless telecommunications facility,
the applicant shall pay a fee to the Village of Florida of $5,000 or such
other fees as the Village Board may establish at the annual reorganization
meeting. The application fee for extensions and/or renewals shall be $2,500
or such other fee as the Village Board may establish at the annual reorganization
meeting.
A.
The Planning Board shall conduct a public hearing on
the application within 60 days after the completed application is received
by the Planning Board Secretary.
B.
A public hearing shall be held on the final plat by the
Planning Board. Notice of the hearing shall be advertised at least once in
a newspaper of general circulation in the Village and a notice of hearing
posted in at least three prominent places at least five days before such hearing,
and by posting notice thereof by certified mail to the owners of property
within 750 feet of the proposed site and directly across any adjoining street
and to any other persons whom the Board may deem to be particularly affected
at least 14 days prior to the hearing by the applicant.
C.
In addition to the notice required, the applicant shall
give 14 days' written notice to the legislative body of each municipality
that borders the Village, as well as to the County Planning Board. Notice
shall include the exact location of the proposed personal wireless service
facility and a general description of the project.
Applicants for special permits for establishment or construction of
personal wireless service facilities shall meet all of the following criteria:
A.
Necessity. The proposed personal wireless service facility
is required to provide service to locations within the Village that the applicant
is not able to serve with existing facilities that are located within and
outside the Village, by collocation and otherwise.
B.
Collocation.
(1)
The collocation of existing personal wireless service
facilities only within the Rural Residence (RR) District shall be strongly
preferred to the construction of new personal wireless service facilities.
(2)
Approval of a proposal to share space on an existing
personal wireless service facility within the Rural Residence District shall
be conditioned upon the applicant's agreement to pay the reasonable costs
of adapting an existing facility to a new shared use. These costs can include,
but are not limited to, structural reinforcement, prevention of transmission
or receiver interference, additional site screening, and other changes required
to accommodate shared use.
(3)
If a new site for a personal wireless service facility
is proposed, the applicant must demonstrate that the proposed personal wireless
service facility cannot be accommodated on an existing personal wireless service
facility within the Village or on an existing facility in another municipality
due to one or more of the following reasons:
(a)
Service to the locations to which the applicant seeks
to provide cannot be provided by existing facilities within or outside the
Village.
(b)
Adequate and reliable service cannot be provided from
existing sites in a financially and technologically feasible manner consistent
with the applicant's system requirements.
(c)
Existing sites cannot accommodate the proposed personal
wireless service facility due to structural or other engineering limitations,
such as frequency incompatibilities.
(d)
The applicant has been unable to come to a reasonable
agreement to collocate on another personal wireless service facility. The
applicant shall provide the names, addresses; phone and FAX numbers of other
service providers approached, along with written statements from both parties
as to why an agreement to collocate could not be reached.
(e)
Other reasons make it impracticable to place the proposed
equipment on existing and approved personal wireless service facility within
the Village or existing facilities in other municipalities.
C.
Location on existing tall structure. Where collocation
is unavailable, location of a personal wireless service facility on a preexisting
tall structure, such as a water tank, utility pole, church spire, etc., shall
be preferred to the construction of a tower or monopole. The applicant must
demonstrate that it has made good faith efforts to locate the personal wireless
service facility on each existing tall structure in the Rural Residence District,
but that, for physical, technical and/or financial reasons, or because of
the inability to obtain a lease, the personal wireless service facility cannot
be accommodated on any existing tall structure in the Rural Residence District.
D.
Maximum height and size.
(1)
Unless the Federal Communications Commission promulgates
rules to the contrary or the applicant demonstrates to the satisfaction of
the Planning Board that a greater height is necessary, the maximum height
for an antenna mounted on another structure shall be six feet above the highest
point of the building or structure on which it is installed.
(2)
The maximum height for a tower or monopole shall be 125
feet above ground level or the minimum height necessary to provide service
collocations that the applicant is not able to serve with existing facilities
within and outside the Village, whichever is less. The Planning Board may
permit a tower or monopole to be higher than the minimum necessary to provide
service to such locations if such additional height is necessary to accommodate
collocation of other personal wireless service facilities on the same tower
or monopole. However, the maximum height of a wireless telecommunications
facility and attached antennas constructed after the effective date of this
chapter shall not exceed that which shall permit operation without artificial
lighting of any kind in accordance with municipal, town, county, state or
federal laws and/or regulations.
(3)
Accessory structures shall be the minimum size necessary
to house the equipment for the personal wireless service facility, but in
no event shall they be larger than 250 square feet (inside dimensions) per
carrier. The structures shall be limited to one story in height.
(4)
The provisions of this section shall supersede any contrary
provision in the Code of the Village of Florida.
E.
Setbacks. All personal wireless service facilities and
accessory structures and facilities accessory to personal wireless service
facilities, including but not limited to equipment sheds, parking areas, anchors,
guys, bases and pads, shall comply with the existing setback and dimensional
regulations established for principal structures in the underlying zoning
district, except for the height of a proposed tower or monopole. In addition,
any proposed telecommunications tower and associated equipment shall satisfy
the following additional requirements:
(1)
Be additionally set back from abutting parcels, recorded
rights-of-way and road and street lines a distance sufficient to contain on
site all icefall or debris from a tower or tower failure and to preserve the
privacy and sanctity of any adjoining properties. In order to better protect
the health, safety and welfare of the general public and to avoid the potential
for injury due to falling ice or debris, all towers shall be not less than
350 feet from the nearest property boundary of any school, park, day-care
center, public playground or similar occupancy.
(2)
Have a minimum setback from any property line a distance
equal to 200 feet or 200% of the height of the tower, whichever is greater.
All accessory structures shall be located so as to comply with the minimum
setback requirements for the property on which they are situated.
F.
Security signage. Personal wireless service facilities
shall be fenced or otherwise secured in a manner that prevents unauthorized
access by the general public. The fencing used shall be chain link with a
height of no less than six feet and no higher than eight feet and shall also
be equipped with an appropriate anticlimbing device. A sign no larger than
two square feet shall be posted on a personal wireless service facility to
provide adequate notification to persons in the immediate area of the presence
of an antenna that has transmit capabilities. The sign shall also contain
the name(s) and emergency telephone number(s) of the owner(s) and operator(s)
of the personal wireless service facility. In addition, if the personal wireless
service facility is mounted on a roof, any door having access to the roof
shall bear a similar sign. If a fence is required around the personal wireless
service facility, the entrance to the enclosure shall bear a similar sign.
No other signage of any kind shall be placed on the tower.
G.
Placement. Unless wall-mounted on an existing roof-mounted
mechanical enclosure or similar appurtenance, all antennas mounted on a roof
shall be located so that visibility of the antenna is limited to the greatest
extent practicable, consistent with the needs of the antenna to transmit an
unobstructed signal. Antennas wall-mounted on a roof mount, mechanical enclosure
or similar appurtenance shall not exceed the height of the appurtenance at
the point of installation.
H.
Future collocation. New personal wireless service facilities
shall be designed to accommodate additional antennas for purposes of collocating.
I.
Design guidelines. The proposed personal wireless service facility shall meet the design guidelines set forth in § 117-7 of this chapter.
J.
Structural engineering standards. The proposed personal wireless service facility shall meet the structural engineering standards referred to in § 117-4G(10) of this chapter.
K.
Emissions standards. The power density levels of the
electromagnetic energy generated from the proposed personal wireless service
facility must be within the allowable limits established by the FCC.
L.
Noise standard. Noise emissions from the proposed personal
wireless service facility shall be kept to a minimum at all times. The use
of the generator backup system shall be used only upon total loss of power
and shall be discontinued upon the return of power. Any testing of equipment
and/or the generator backup system shall take place during daytime hours.
The Village reserves the right to test noise levels at the property line to
maintain a level of no more than 80 decibels, or whatever level is determined
by the Planning Board.
The proposed personal wireless service facility shall meet the following
design guidelines:
A.
Finish/colors.
(1)
Towers or monopoles not requiring Federal Aviation Administration
(FAA) painting or marking shall either have a galvanized finish or be painted
gray or blue gray above the surrounding treeline and gray, green or tannish
brown below the surrounding treeline.
(2)
If an antenna is installed on a structure other than
a tower or monopole, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or compatible with,
the color of the supporting structure, so as to make the antenna and related
equipment as visually unobtrusive as possible.
B.
Illumination. No signals, lights, or illumination shall
be permitted on personal wireless service facilities unless required by the
FAA or other federal, state, or local authority. Lighting may be permitted,
however, at an accessory equipment shelter if the Planning Board determines
that it is necessary for the security of the personal wireless service facility.
When lighting is used, it shall be shielded to prevent undue impact on the
surrounding neighborhood. An artist's rendering or other visual representation
showing the effect of light emanating from the site on neighboring habitable
structures within 1,500 feet of all property lines of the parcel on which
the wireless telecommunications facility is located.
C.
Architectural compatibility.
(1)
Where a personal wireless service facility is to be attached
to an existing building or structure, such facility shall be integrated into
such existing building or structure in a manner that blends with the architectural
characteristics of the building or structure to the maximum extent practicable.
(2)
Accessory structures shall be designed to blend with
the architectural characteristics of neighboring residential structures.
D.
Landscaping. Accessory structures shall be landscaped
with evergreen trees or shrubs of sufficient size and density to screen the
accessory structure from residential property or public spaces. For towers
or monopoles, vegetative screening shall be provided to effectively screen
the tower base, including fencing. At a minimum, screening shall consist of
one row of native evergreen shrubs or evergreen trees capable of forming a
continuous hedge at least 10 feet in height within two years after planting.
Existing vegetation shall be preserved to the maximum extent practicable and
may be used as a substitute of or in supplement toward meeting landscaping
requirements. Additional screening may be required to screen portions of the
structure from nearby residential property or important views. All landscaping
shall be properly maintained to ensure good health and viability.
E.
Visibility. All personal wireless service facilities
shall be sited to have the least possible adverse visual effect on the environment.
The Planning Board may obtain professional planning, technical, or engineering
advice to assist it in its review, evaluation and recertification of an application
under this chapter. The expenses of this professional advice shall be paid
by the applicant upon deposit with the Village of sufficient funds to reimburse
the Village for all reasonable costs of consultant and expert evaluation and
consultation to the Planning Board in connection with the review of any application.
The Planning Board may approve, approve with conditions, or disapprove
the application for a special permitted use within 60 days after the public
hearing. The period in which the Planning Board may take action may be extended
with the consent of the applicant. In granting a special permit under this
chapter, the Planning Board may impose reasonable conditions that are directly
related to and incidental to the proposed personal wireless service facility.
A.
Time limit for completion. A building permit must be
obtained within 12 months after approval of a special permitted use for a
personal wireless service facility, and construction of such facility must
be completed within 24 months after such approval. The special permitted use
shall automatically expire in the event that the Building Department has not
granted such permit and construction of the facility is not completed within
the periods set forth above.
B.
Abandonment.
(1)
In the event that the use of any personal wireless service
facility has been discontinued for a period of 180 consecutive days in any
three-hundred-sixty-five-day period, except for periods caused by force majeure
or acts of God, the facility shall be deemed to be abandoned. Determination
of the date of abandonment shall be made by the Building Inspector, who shall
have the right to request documentation from the owner/operator of the facility
regarding usage of that facility. Upon such abandonment, the owner/operator
shall remove the facility at his/her own expense within a period of 90 days,
and failing prompt removal, the Village may remove the facility at the owner/operator's
expense.
(2)
The holder of the special permitted use, or its successors
or assigns, shall dismantle and remove such wireless telecommunications facility,
and all associated structures and facilities, from the site and restore the
site to as close to its original condition as is possible, such restoration
being limited only by physical or commercial impracticability, within 90 days
of receipt of written notice from the Village.
(3)
If the Village removes, or causes to be removed, a wireless
telecommunications facility, and the owner of the wireless telecommunications
facility does not claim the property and remove the facility from the site
to a lawful location within 10 days, then the Village may take steps to declare
the facility abandoned and sell it and its components.
(4)
A permitted wireless telecommunications facility that
has fallen into a state of disrepair and a wireless telecommunications facility
that has been located, constructed or modified without first obtaining the
required special permitted use or any other necessary authorization shall
also be subject to removal under the terms of this section.
(5)
All special permits, variances, and approvals of any
nature granted by the Village shall automatically expire as of the date of
abandonment of the facility.
A.
The owner or operator of every personal wireless service
facility for which a special permitted use under this chapter is issued shall
submit to the Building Inspector copies of all licenses and permits required
by other agencies and governments with jurisdiction over the design, construction,
location, and operation of such personal wireless service facility and shall
submit evidence of renewal or extension thereof when granted. Evidence of
compliance with FCC emissions standards shall be submitted to the Building
Inspector on a yearly basis. This shall be in the form of certification by
a New York State licensed professional engineer specializing in electrical
engineering and shall certify that the NIER levels at the site are within
the threshold levels adopted by the FCC.
B.
The Village may from time to time cause the inspection
of facilities constructed pursuant to a permit granted in accordance with
state and local law and building codes to ensure the continued compliance
with law and conditions of the special permitted use.
A.
A special permitted use issued under this chapter shall
be deemed to authorize only the particular use or uses specified in the permit
and shall expire upon termination of the use in a period of five years. Prior
to the expiration of the permit, the holder may seek extension/renewal for
a period not to exceed five years upon written request. In the written request
for recertification, the holder of the permit shall submit a renewal application
in a form to be established by the Planning Board which shall include, but
not be limited to, the name of the holder, the original permit date, any physical
changes to the site, a summary of the maintenance records during the permit
term and any requests for waivers or relief of any kind whatsoever from the
requirements of this chapter.
B.
A special permit issued under this chapter shall expire
automatically upon the failure to comply with any conditions of the special
permit or the requirements of this chapter.
C.
A special permit may not be assigned or transferred unless
the assignment and transfer is approved by the Village of Florida Planning
Board.
The Building Inspector shall maintain a file of all special permits
issued under this chapter, which file shall include all documents submitted
in connection with the application for the special permit. If the name or
address of the owner or operator of any personal wireless service facility
is changed, the operator must notify the Building Department, in writing,
of the change within 30 days.
In addition to the requirements set forth in this chapter, personal
wireless service facilities at sites outside the Rural Residence District
shall be permitted only if a New York State licensed professional engineer
specializing in electrical engineering with expertise in radio-communications
facilities establishes to the satisfaction of the Planning Board all of the
following:
A.
That the personal wireless service facility is needed
to provide coverage to an area of the Village that currently has inadequate
coverage and is of the minimum height and aesthetic intrusion necessary to
provide that coverage;
B.
That all reasonable measures in siting the personal wireless
service facility within the Rural Residence District have been exhausted;
and
C.
That technical or space limitations prevent location
or collocation in the Rural Residence District.
Alteration of an existing personal wireless service facility that results
in an increase in the size, height, or electromagnetic emission of the personal
wireless service facility shall be permitted only after application to the
Planning Board, which shall review the matter as if the alteration were an
entirely new application for a special permit.
As a condition of granting any special permit for the construction of
a tower or monopole under this chapter, the Planning Board shall require the
applicant to post a bond, in the amount determined by the Planning Board,
based on engineering estimates, to cover the cost of removing and disposing
of the tower or monopole. The bond shall be maintained for so long as the
tower or monopole remains in place. From time to time the Village of Florida
Engineer may adjust the amount of the bond and require the submission of a
new or modified bond, based on engineering estimates of the cost of removing
and disposition of the tower or monopole.
A.
A holder of a special permitted use for a wireless telecommunications
facility shall secure and at all times maintain public liability insurance,
property damage insurance and umbrella insurance coverage for the duration
of the special permitted use in amounts as set forth below:
B.
The commercial general liability insurance policy shall
specifically include the Village and its officials, employees and agents as
additional insureds.
C.
The insurance policies shall be issued by an agent or
representative of an insurance company licensed to do business in New York
State.
D.
The insurance policies shall contain an endorsement obligating
the insurance company to furnish the Village with at least 30 days' 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 which such policies are to renew or replace.
F.
Prior to the issuance of a building permit for construction,
the holder of the special permitted use shall deliver to the Village a copy
of each of the policies or certificates representing the insurance in the
required amounts.
The following are exempt from the provisions of this chapter:
A.
Machines and equipment designed and marketed as consumer
products, such as walkie-talkies, ham radios not used for commercial purposes,
remote control toys, and cellular phones;
B.
Hand-held, mobile, marine, and portable radio communications
transmitters and/or receivers;
C.
Two-way radios utilized for temporary or emergency service
communications;
D.
Two-way radios utilized for government service communications;
E.
Backup wireless transmitters connected to an alarm monitoring
service that transmits to a remote monitoring center in the event of an emergency
when the telephone lines are inoperable; and
F.
Over-the-air receive-only devices in compliance with
FCC rules and standards.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements adopted for the promotion of the
public health, safety, and general welfare of the residents of the Village.
This chapter is not intended to interfere with, abrogate, or annul other rules,
regulations, or ordinances, provided that whenever the requirements of this
chapter are at variance with the requirements of any other lawfully adopted
regulations, rules, or ordinances, the most restrictive or those that impose
the highest standards shall govern.
Any special permitted use issued pursuant to this chapter shall contain
a provision with respect to indemnification. Such provision shall require
the holder of the special permitted use, to the extent permitted by the law,
to at all times defend, indemnify, protect, save, hold harmless and exempt
the Village, officials of the Village, its officers, agents, servants and
employees from any and all penalties, damage or charges arising out of any
and all claims, suits, demands, causes of action, or award or 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 construction, erection
modification, location, products performance, operation, maintenance, repair,
installation, replacement, removal or restoration of a wireless telecommunications
facility within the Village. With respect to the penalties, damages or charges
referenced herein, reasonable attorney's fees, consultants' fees and expert
witness fees are included in those costs that are recoverable by the Village.
A.
Civil sanctions. Any person who violates any of the provisions
of this chapter shall be liable for a civil penalty not to exceed $3,000 for
every such violation.
B.
Criminal sanctions. Any person, firm or corporation who
or which willfully violates any of the provisions of this chapter or permits
promulgated thereunder, excluding provisions set forth in the rules and regulations
promulgated thereunder, upon conviction thereof of the first offense, shall
be guilty of a violation punishable by a fine of not less than $500 and not
more than $1,000 and for a second offense and each subsequent offense, shall
be guilty of a violation punishable by a fine of not less than $1,000 nor
more than $2,000 or a term of imprisonment of not more than 10 days, or both.
C.
Notwithstanding anything in this chapter, the holder
of the special permitted use for a wireless telecommunications facility may
not use the payment of fines, liquidated damages or other penalties to evade
or avoid compliance with this chapter or any section of this chapter. An attempt
to do so shall subject the holder of the special permitted use to termination
and revocation of the special permitted use. The Village may also seek injunctive
relief to prevent the continued violation of this chapter.
A.
If a wireless telecommunications facility is repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this chapter or of
the special permitted use, then the Village of Florida Building Inspector
shall notify the holder of the special permitted use, in writing, of such
violation. Such notice shall specify the nature of the violation or noncompliance
and that 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 chapter, if the violation causes, creates or
presents an imminent danger or threat to the health or safety of lives or
property, the Village of Florida Building Inspector may, at his/her sole discretion,
order the violation remedied forthwith or may take such actions as may be
authorized pursuant to the Village Law and/or Executive Law of the State of
New York.
B.
Failure to comply with the terms hereof may give rise
to revocation of the special permit and/or site plan approval.
This chapter shall be enforced by the Building Inspector in the same
manner as provided in the Village Code of the Village of Florida, State Building
and Fire Codes and Executive Law of the State of New York.
