[HISTORY: Adopted by the Board of Trustees of the Village
of Haverstraw 12-19-2011 by L.L. No. 4-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 245.
[1]
Editor's Note: This local law was originally adopted
as Ch. 243 of the Code. The chapter number was changed to conform
to the alphabetical organization of the Code.
A.
The purpose of this chapter is to establish general guidelines and
requirements for the siting of wireless communications towers and
antennas. The goals of this section are to:
(1)
Protect the densest residential areas and land uses from potential
adverse impacts of wireless telecommunications facilities and antennas.
(2)
Encourage the location of towers in vacant parkland or in remoter
areas of lower residential density when located on private property.
(3)
Minimize the total number of towers throughout the community.
(4)
Strongly encourage the use of existing towers as a primary option
rather than the construction of additional single-use towers.
(5)
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal.
(6)
Promote and encourage utilization of technological designs that will
either eliminate or reduce the need for erection of new tower structures
to support antennas and telecommunications facilities.
(7)
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques.
(8)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently.
(9)
Consider the public safety of communications towers.
(10)
Avoid potential damage to adjacent properties from tower failure
through proper engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Village of Haverstraw shall give
due consideration to the Village's Comprehensive Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas.
As used in this chapter, the following terms shall have the
meanings indicated:
Any facility which has not been operational for six consecutive
months.
A structure such as a storage shed or other type of enclosure
for equipment, equipment cabinets, support structures for equipment
or other appurtenances used in conjunction with the operation of a
wireless telecommunications facility as defined herein and located
on the same lot as the wireless telecommunications facility.
Any exterior transmitting or receiving devices mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
A set or group of antennas aligned at the same height for
use by a particular carrier of telecommunications wireless services.
Any building or structure, other than a freestanding tower,
used to support antennas used in personal wireless services.
A person, firm, organization or company applying for either
an antenna location permit (hereinafter referred to as "ALP") or a
special use permit under the provisions of this chapter. An applicant
must qualify as a wireless carrier/service provider as defined herein.
A request to the Village for either an ALP or a special use
permit for a wireless telecommunications facility under the provisions
of this chapter. 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
Building Inspector concerning such request.
The head of the Village Building Department (hereinafter
referred to as "BI").
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.
The class type of station as organized and defined by the
FCC.
Placement of two or more wireless telecommunications facilities
upon a single structure (including but not limited to existing freestanding
wireless telecommunications facility structures, buildings, water
towers, etc.).
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 wireless telecommunications facility 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.
Any person licensed by the State of New York to practice
engineering services.
Computers, batteries, generators, transmission equipment
and cabinets, etc., which are utilized to power and/or operate a wireless
telecommunications facility.
The Federal Aviation Administration, or its duly designated
and authorized successor agency, that is responsible for the safety
of civil aviation.
A wireless telecommunications facility.
The Federal Communications Commission, or its duly designated
and authorized successor agency, that regulates telecommunications.
A structure, such as a monopole or lattice tower, constructed
or existing specifically for the purposes of supporting an antenna(s)
and/or equipment used in conjunction with the operation of one or
more wireless telecommunications facilities.
The number of complete oscillations per second of energy
(as sound or electromagnetic radiation) in the form of waves.
The distance measured vertically from the average level of
the curb of the lowest adjoining street or from the lowest point within
a radius of 200 feet measured from the facility, whichever is lower,
to the highest point on the building, structure or freestanding wireless
telecommunications facility as prescribed in the ordinances of the
Village of Haverstraw.
Any wireless telecommunications facility legally constructed,
erected and operated as of the date of adoption of this chapter, or
one erected under a special permit issued by the Planning Board in
accordance with this chapter and for which all applicable permits
have been acquired from all appropriate government authorities.
The variance of the amplitude, frequency or phase of an electromagnetic
wave for the transmission of information.
Nonionizing electromagnetic radiation as described and defined
by the FCC.
A structure or use that does not conform to the regulations
of the district in which it is situated.
Any tower or antenna which was legally constructed prior
to the effective date of this chapter, or for which building permits
were legally issued prior to the effective date of this chapter but
have not yet been constructed, so long as such permits are current
and not expired.
Any company authorized (either by the New York State Public
Service Commission, a municipality or other such authority) to provide
water, electric, gas or telephone services to the public.
Any structure erected for the purposes of providing a public
utility service, including but not limited to water towers, electric
transmission towers/poles and telephone poles.
A frequency of electromagnetic spectrum referred to as "radio
frequency" as defined by the FCC. Hereinafter also referred to as
"RF."
The State Environmental Quality Review Act of New York State
as codified in 6 NYCRR 617.
The property, including all buildings and structures located
thereon, on which a wireless telecommunications facility is, or is
proposed to be, located.
The permit granted by the Planning Board, by which an applicant
is allowed to apply to the BI for a building permit to construct and
use a wireless telecommunications tower (hereinafter referred to as
"SUP").
A method of installing/constructing wireless telecommunications
facilities which conceals, hides or camouflages their presence.
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
Any structure used in, associated with or necessary for the
provision of wireless services as described in the definition of "wireless
telecommunications facility."
A type of structure used to support wireless telecommunications
facilities.
The Village of Haverstraw, County of Rockland, State of New
York.
The elective governing body of the Village of Haverstraw.
The chief fiscal officer of the Village of Haverstraw.
Any company which is licensed by the FCC to operate wireless
telecommunications facilities.
Antenna(s) and associated equipment and/or structures (including
but not limited to monopoles, lattice towers, etc.) used to transmit
and/or receive audio, video, data and other information using radio
frequency energy and other electronic or electromagnetic systems.
The antenna(s) and equipment of each wireless carrier will be considered
a wireless telecommunications facility (hereinafter referred to as
"WTF").
Any WTF which is established, installed, erected, constructed,
reconstructed or significantly altered subsequent to the date of adoption
of this chapter must conform to the provisions herein. Except as provided
for herein, no permit for any new freestanding WTF shall be issued
unless a SUP is granted by the Planning Board. However, for a colocation
installation, an ALP shall be issued as long as the requirements of
this code are satisfied. The Planning Board shall review all applications
which require a SUP for WTFs, hold a public hearing and approve the
application with modifications, or disapprove applications as provided
for herein. Notwithstanding the foregoing, no SUP shall be required,
and the BI shall have the authority to review and approve, approve
with modifications or disapprove applications for ALPs for WTFs for
colocation or as provided for herein.
Except as provided for herein, the provisions of this chapter
shall not apply to:
A.
Satellite dish antennas which are regulated separately.
A.
Any WTF lawfully existing under the regulations in effect at the
time of the creation of said WTF, although not conforming to or complying
with other provisions of this chapter, may be allowed to continue
in its present usage as a preexisting, nonconforming use and shall
be treated as a nonconforming use, as provided for in this section,
provided that a certificate of existing use, certifying that it was
legally constructed prior to the effective date of this chapter, is
obtained from the BI. No such nonconforming WTF shall be altered or
modified in any way, unless it is brought into compliance with the
provisions of this chapter. Nothing contained herein shall be construed
to limit or prohibit the routine maintenance of such WTFs.
B.
Any nonconforming WTF, if discontinued for six months or longer,
shall not be resumed without full compliance with the provisions of
this chapter.
C.
Notwithstanding anything to the contrary herein contained, all nonconforming
WTFs shall be required to conform to the provisions of this chapter
within 10 years following the effective date of this chapter, or shall
be considered in violation of this chapter and will be subject to
the penalties specified in § 243-21 hereof.
A.
The BI is authorized to issue ALPs for the following WTFs, provided
that all of the requirements set forth herein are met:
(1)
The WTF is located in the SP, WD or PI zoning districts.
(2)
Colocation of WTFs on towers and which contain one or more WTFs which
have been approved in accordance with this chapter or which qualify
as incumbent freestanding WTFs as defined herein, provided that, in
the case of colocation on an existing freestanding WTF, the height
of the existing structure is not increased by more than 15 feet, and
provided that all height, setback and design requirements as set forth
in § 243-9 herein are met. All accessory structures, including
but not limited to equipment, equipment cabinets, equipment sheds/shelters,
etc., must also comply with the standards set forth in § 243-9
herein.
(3)
The existing WTF to which colocation is proposed has not been the
subject of a violation over the last 36 months.
B.
Application requirements. No site plan approval will be required
for a WTF approved by an ALP. The BI may promulgate appropriate application
forms to assist in the completion and evaluation of an application
for ALPs. The following materials shall be submitted in triplicate
to the BI, who shall certify that the application is complete before
the application for an ALP is reviewed and is issued:
(1)
Name, address and telephone number of the applicant.
(2)
Name, address and telephone number of the owner of the property on
which the WTF will be located.
(3)
Section, block and lot number(s) of the property on which the proposed
WTF will be located.
(4)
A copy of an agreement between the applicant and the owner of the
site which authorizes the use of the site as a location for the proposed
WTF.
(5)
A location map to scale indicating the location of the proposed WTF.
(6)
An up-to-date topographic survey of the property prepared, signed
and sealed by an engineer or surveyor licensed by the State of New
York and containing contours with a vertical separation of no more
than two feet.
(7)
A site plan or plans to scale specifying the location of the proposed
WTF on the property. All setbacks of the WTF from front, rear and
side yards shall be shown. Contours of existing and proposed grades
shall be shown at no greater than two-foot vertical separation. The
zoning district shall be identified; the setbacks of the existing
structure from front, rear and side yards shall be shown, as well
as lot area and any other bulk requirements of the zoning district.
(If the WTF is proposed to be located on an existing structure, yards
and bulk requirement shall be shown to the existing structure.)
(8)
Elevations showing the height of all proposed antennas, equipment
and supporting structures (i.e., monopoles, towers, etc.) from ground
level. Dimensions of all antennas and equipment and the distances
of each from the top of any structures upon which they are located
shall also be shown.
(9)
Construction/engineering drawings to be reviewed by the BI to determine
whether the proposed WTF meets with all applicable building, fire
and safety codes and showing that the WTF includes appropriate deicing
equipment.
(10)
Completed long-form environmental assessment form (EAF), together
with a visual assessment addendum.
(11)
A certificate of public liability insurance naming the Village
as additional insured for personal injuries, death and property damage,
and umbrella insurance coverage, for the duration of the ALP in amounts
as set forth below and in § 243-17 herein:
(12)
A copy of any Federal Communications Commission licenses and
approvals allowing the applicant to operate a WTF.
(13)
Certification by a licensed professional engineer that the proposed
WTF will not cause interference with existing communication devices
and that electromagnetic radiation levels at the proposed site are
within any threshold levels that have been adopted by the Federal
Communications Commission.
(14)
Certification by a licensed professional engineer that the existing
structure is able to safely support the additional weight and wind
load of the proposed WTF equipment.
C.
Fees.
(1)
Upon application for an ALP, a nonrefundable application fee of $1,500
shall be paid to the Village by the applicant. The fee for an antenna
location permit (ALP) shall be $1,500.
(2)
In addition, for review of the plans for the physical antenna or
antenna support structure(s) the fee shall be $100 for the first $1,000
of estimated construction cost, and $15 for each additional $1,000
of estimated cost. The fee for a certificate of occupancy shall be
$200.
A.
Criteria for issuance of a SUP.
(1)
The Planning Board shall review all WTF applications which require SUPs. The Planning Board may approve the application, impose reasonable conditions, or deny the application. The applicant must demonstrate to the Planning Board that the proposed facility is the least intrusive means for closing a significant gap in service. Any application for site plan approval consistent with the provisions of Chapter 245, Zoning, of the Code of the Village of Haverstraw shall be made concurrently with the application for SUP.
(2)
Suggested priority list.
(a)
To the greatest extent possible, all new WTFs in the Village
shall be located on sites in the following order of priority:
[1]
Colocation on an existing Village structure. It is the preference
of the Village to utilize proper design and stealth technologies to
install new WTFs in the least visually obtrusive manner. This is more
likely to be accomplished by collocating on existing structures than
by constructing new structures. It is understood that the Village
has the greatest discretion and oversight over the appropriate siting
of WTFs that are proposed on existing Village structures. Additionally,
the Village has more authority to require mitigations to visual impacts
and to oversee safety and maintenance. Prior to entering into a lease
agreement with a service provider, the Village will ensure that all
safety and visual concerns are adequately addressed, making such colocations
the highest priority.
[2]
New construction on Village-owned property. As with colocation
on an existing Village structure, the Village will have the greatest
discretion to appropriately locate, require mitigations to visual
impacts, and to oversee safety and maintenance of facilities if located
on Village property. Therefore, new construction on Village-owned
property shall be the second-highest priority.
[3]
Colocation on an existing structure in an Industrial, Waterfront
Development or Special Purpose district. These districts are generally
furthest from the greatest population concentrations in the Village
and therefore applications in these districts may be processed with
the least risk to public safety, visual impact to larger number of
residents and the least public controversy. Further, with respect
to Industrial and Waterfront districts, it is noted that the scale
of buildings and structures is generally larger than in other Village
districts, and the location of WTFs in these districts is likely to
be less visually intrusive.
[4]
New facility in an Industrial or Special Purpose district. As
with colocation in these districts, new facilities in these districts
will be least intrusive to the largest resident populations in the
Village and more in keeping with larger building scales.
[5]
Colocation on an existing telecommunication facility in other
zoning district. Where an existing WTF exists in other areas of the
Village, the addition of additional antenna and other necessary facilities
is likely to be less visually intrusive than a new facility. Further,
to some extent the presence of an existing WTF indicates that other
safety concerns may be adequately mitigated.
[6]
Colocation on an existing structure in other zoning districts.
It is the preference of the Village to utilize proper design and stealth
technologies to install new WTFs in the least visually obtrusive manner.
This is more likely to be accomplished by collocating on existing
structures than by constructing new structures.
[7]
New facility in other zoning districts.
(b)
If the proposed property site is not the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority could not be selected. The applicant must satisfactorily
demonstrate to the Planning Board the reason or reasons why a SUP
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed site.
(c)
An applicant may not bypass sites of higher priority by stating
that the site presented is the only site leased or selected. An application
shall address colocation as an option and, if such option is not proposed,
the applicant must explain why colocation is impracticable.
B.
The applicant shall, in writing, identify and disclose the number
and locations of any additional sites that the applicant has, is or
will be considering, reviewing or planning for WTFs within the Village,
and all sites within two miles of the border of the Village.
C.
The Planning Board may prescribe such appropriate conditions to minimize
any adverse effect and provide safeguards as may be required in order
to consider and protect the public health, safety and welfare of the
community. The Planning Board may require any landscaping or other
measures which it deems necessary to preserve and protect the character
of the neighborhood, the public health and safety and property values.
A.
Upon application for a WTF SUP, a nonrefundable application fee of
$500 shall be paid to the Village by the applicant. In addition, for
review of the plans for the physical antenna or antenna support structure(s),
the fee shall be $100 for the first $1,000 of estimated construction
cost, and $15 for each additional $1,000 of estimated cost. The fee
for a certificate of occupancy shall be $200.
B.
Application requirements. All applicants for a SUP for a WTF or any
modification of such WTF shall comply with the requirements set forth
in this section. The following materials shall be submitted to the
BI, who shall review the application for completeness, before forwarding
it to the Planning Board for review:
(1)
An application for a SUP for a WTF 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 property owner, if different
from the applicant, shall also sign the application. At the discretion
of the Planning Board, any false or misleading statement in the application
may subject the applicant to denial of the application without further
consideration or opportunity for correction.
(2)
The application shall include a written statement:
(a)
That the applicant's proposed WTF shall be maintained in
a safe manner and in compliance with all conditions of the SUP.
(b)
That the construction of the WTF will conform with all applicable
local, county, state and federal laws, rules and regulations, and
ordinances.
(c)
That the applicant is authorized to do business in the State
of New York.
(d)
Documentation that demonstrates the need for the WTF to provide
service primarily within the Village.
(3)
All applications for the construction of a new WTF shall be accompanied
by a WTF engineering report containing the information hereinafter
set forth. The report shall be prepared, signed and sealed by a professional
engineer or a registered architect licensed in the State of New York.
Where this section calls for certification, such certification shall
be by a qualified New York State licensed professional engineer or
registered architect acceptable to the Village. The application shall
include, in addition to the other requirements for the SUP, the following
information:
(a)
The name, address and telephone number of the person preparing
the report.
(b)
The name, address and telephone number of the property owner,
lessee, operator and applicant, including the legal basis for the
applicant's authority.
(c)
The legal description, postal address and Tax Map designation
of the property.
(d)
The zoning district in which the property is situated.
(e)
The size of the property, stated both in square feet and lot
line dimensions.
(f)
A survey of the property indicating the dimensions of the property,
the location and height of all structures, the location, size and
height of all proposed and existing towers, antennas and accessory
structures, and the type, size and location of all proposed and existing
landscaping and fencing.
(g)
An indication of the location of all residential structures
within 500 feet, in the case of a freestanding tower, and within 250
feet in the case of all other WTF applications.
(h)
The names, addresses and telephone numbers of all owners of
other freestanding towers or existing antenna support structures located
within a one-half-mile radius of the proposed WTF. The address and
location of each such freestanding tower or antenna support structure
shall be indicated.
(i)
The number, type and design of the WTF's proposed antenna(s)
and the basis for the calculations of the WTF's capacity to accommodate
multiple users.
(j)
The make, model and manufacturer of the WTF and antenna(s).
(k)
A description of the proposed WTF and antenna(s) and all related
fixtures, structures, appurtenances and apparatus, including height
above preexisting grade, materials, color and lighting.
(l)
The frequency, modulation and class of service of radio or other
transmitting equipment.
(m)
The transmission and maximum effective radiated power of the
antenna(s).
(n)
The direction of maximum lobes and associated radiation of the
antenna(s).
(o)
The applicant must identify its utilization of the most recent
technological design.
(p)
The applicant's proposed WTF maintenance and inspection
procedures and related system of records.
(q)
Certification, including such documentation as the Planning
Board shall require, that NIER levels at the proposed site are within
the threshold levels adopted by the FCC.
(r)
A certification that the construction and placement of the proposed
freestanding tower and the proposed antenna(s) will not interfere
with public safety communications, the usual and customary transmission
or reception of radio, television or other communications services
enjoyed by adjacent residential and nonresidential properties, or
other existing telecommunications devices.
(s)
A copy of the FCC license applicable for the use of the WTF.
(t)
Certification that a topographic and geomorphologic study and
analysis has been conducted and, taking into account the subsurface
and substrata and the proposed drainage plan, that the site is adequate
to assure the stability of the proposed wireless telecommunications
tower on the proposed site.
(u)
Propagation studies of the proposed site and all adjoining proposed
or in-service or existing sites. The propagation study must identify
a gap in coverage that the service provider needs to eliminate, and
must also demonstrate how the addition of a WTF will satisfy this
need.
(v)
The applicant shall disclose, in writing, any agreement in existence
prior to submission of the application that would limit or preclude
the ability of the applicant to share any WTF that it constructs.
(w)
Certification that the WTF, foundation and attachments are designed
and will be constructed to meet all local, county, state and federal
structural requirements for loads, including wind and ice loads. If
the WTF is subsequently approved and constructed, similar "as-built"
certification indicating that the WTF has been constructed in accordance
with all standards shall be furnished prior to the Village issuance
of a SUP.
(x)
An affidavit attesting to the fact that the applicant made diligent,
but unsuccessful, efforts to install or colocate the applicant's
WTF on freestanding towers or an antenna support structure owned by
other persons located within a one-half-mile radius of the proposed
WTF.
(y)
Certification that the proposed site of the WTF 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.
(z)
A "search ring" prepared by a qualified radio frequency engineer
and overlaid on an appropriate background map demonstrating the area
within which the communications facility needs to be located in order
to provide proper signal strength and coverage to the target cell.
The applicant must be prepared to justify why it selected the proposed
site, discuss the availability (or lack of availability) of a suitable
structure within the search ring which would have allowed for colocated
antenna(s), and to what extent the applicant explored locating the
proposed tower in an appropriate site or government property or a
more intensive use district.
(4)
The applicant shall present an evaluation of at least three alternative
colocation sites, unless the Planning Board determines that only one
or two colocation alternatives are reasonably practical, comparing
the characteristics of each with the requirements of the proposed
WTF and demonstrating why the alternate sites would be incompatible
for colocation. Reasons supporting incompatibility could include but
not be limited to the following:
(a)
Existing structures and/or towers are not of sufficient height
to meet the applicant's engineering requirements within the geographic
service area described.
(b)
Existing structures and/or towers do not have sufficient structural
strength to support the applicant's antennas and equipment.
(c)
The applicant's proposed antenna or antennas would cause
electromagnetic interference with the antenna or antennas of the existing
WTFs.
(d)
The cost or contractual provisions required by the owner of
an existing WTF site, or to adapt an existing WTF site for sharing,
would exceed the cost of erecting a new site.
(5)
The applicant shall furnish written certification that the WTF and
related facilities are grounded and bonded so as to protect persons
and property and are installed with appropriate surge protectors.
(6)
The applicant shall submit a completed long-form EAF and a completed
visual EAF addendum. Based on the results of the visual EAF addendum,
the Planning Board may require submission of a more detailed visual
analysis than that required hereafter. Applicants are encouraged to
seek preapplication meetings with the Planning Board to address the
scope of the required visual assessment.
(7)
A visual impact assessment shall be submitted and include at a minimum:
(a)
A "zone of visibility" map, which shall be provided in order
to determine locations where the WTF may be seen.
(b)
Pictorial representations of "before" and "after" views from
key viewpoints both inside and outside of the Village to be determined
by the Planning Board, including but not limited to major roads, county
and local parks, other public lands, historic districts, preserves
and historic sites normally open to the public, nearby residential
properties and from any other location where the WTF is visible to
a large number of visitors, travelers or residents. The Planning Board
will provide guidance concerning the appropriate key views in evaluating
the site.
(c)
An assessment of the visual impact of the WTF base and accessory
structures from abutting and adjacent properties and streets.
(d)
To the extent practicable, a visual impact assessment must include
simulations of the proposed WTF in all seasons, including "leaf-off'
simulation in winter season.
(8)
All utilities serving any WTF site shall be, when possible, installed
underground and in compliance with all laws, rules and regulations
of the Village, including, specifically, but not limited to the National
Electrical Safety Code and the National Electrical Code, where appropriate.
(9)
A demonstration that the WTF will be sited so as to have the least
adverse visual effect on the environment and its character, on existing
vegetation, and the residences in the area of the WTF site.
(10)
Both the WTF and any and all accessory or associated facilities
shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and
with the natural surroundings. Where feasible, the use of stealth
technology or stealth structures shall be utilized to minimize the
visual impacts of freestanding WTFs, including but not limited to
flagpoles, trees, open lattice towers, colors or other measures as
determined appropriate by the Planning Board.
(11)
Access and parking for vehicles shall be provided to assure
adequate emergency and service access. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable.
Road construction shall at all times minimize ground disturbance and
vegetation cutting. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
(12)
The applicant shall submit 12 copies of the completed application
and such additional copies as may be determined necessary by the Planning
Board secretary. The Planning Board shall submit a complete copy of
the application to the legislative body of all adjacent municipalities
and to the Rockland County Planning Department requesting that a General
Municipal Law review be performed. If the application is for property
located within 500 feet of a resource of the Palisades Interstate
Park Commission, the Rockland County Highway Department or the Rockland
County Drainage Agency, that agency shall also be sent a complete
copy of the application.
(13)
If the applicant is proposing the construction of a freestanding
tower, the applicant shall examine the feasibility of designing a
tower to accommodate future demand for at least two additional commercial
applications. The scope of this examination shall be determined by
the Planning Board. The WTF shall be structurally designed to accommodate
at least two additional antenna arrays equal to those of the applicant
and located as close to the applicant's antenna as possible without
causing interference. This requirement may be waived, provided that
the applicant, in writing, demonstrates that the provisions of future
shared usage of the WTF is not technologically feasible or is commercially
impracticable and creates an unnecessary and unreasonable burden,
based upon:
C.
Upon receipt of a complete application, unless waived by the Planning
Board, there shall be a presubmission conference with the Village's
Technical Advisory Committee (TAC). The purpose of this conference
will be to establish that all information required under § 243-8
has been submitted and to address issues which will help to expedite
the review and permitting process. Where the application is for the
shared use of an existing telecommunications tower or antenna support
structure, the applicant can seek to waive any application requirements
that may not be applicable. At the preapplication meeting, the waiver
requests, if appropriate, will be decided by the Village. Costs of
the Village's consultants to prepare for and attend the preapplication
meeting shall be borne by the applicant.
D.
Within 30 days of a finding by the Village TAC that all necessary
information as required by § 243-8 has been received, 10
copies of the application and all supporting documents shall be submitted
to the Secretary of the Planning Board. The Planning Board shall hold
a public hearing within 32 days of receipt of a completed application
that includes negative declaration or notice of completion of draft
EIS pursuant to 6 NYCRR 617 (SEQRA). Notice of such hearing shall
be given by at least one publication in the official newspaper of
the Village not less than five days before the date of such hearing.
Notice of the public hearing, specifying the relief requested, on
a form required by the Planning Board, shall be sent by mail to each
owner or occupant of all parcels of property located within a radius
of 500 feet measured from all points of the subject property lines,
by certified mail, return receipt requested. Said notice shall be
postmarked not more than 20 days before or less than five days prior
to the date set for the public hearing. An affidavit of mailing, together
with the certified letter postal receipts, shall be filed with the
Planning Board.
E.
The Planning Board shall, within 62 days of the close of the public
hearing, make a determination to approve the application, approve
the application with conditions, or deny the application.
F.
The recommendation of the Planning Board shall be filed in the office
of the Village Clerk within five days, and a copy thereof mailed to
the applicant.
G.
The holder of a SUP shall notify the Building Department of any intended
modification of a WTF. Review of an amendment or modification to an
existing SUP shall contain the same information as a new application
and shall be acted upon in the same manner as the review of the original
application.
H.
Any and all representations made by the applicant to the Planning
Board, on the record, during the application process, whether written
or verbal, shall be deemed a part of the application and may be relied
upon in good faith by the Council.
The following requirements must be met for all proposed WTFs:
A.
Height.
(1)
No antenna or any other transmitting or receiving device used in
conjunction with a WTF may extend more than 20 feet above the top
of the structure upon which it is placed. This height shall be measured
from the bottom of the antenna assembly (including any masts, supports,
etc., used to affix an antenna to a building or other structure) to
the top.
(2)
The height of any proposed freestanding WTF shall be the minimum
necessary in order to meet the service needs of the wireless carrier
(applicant), unless the support structure, i.e., monopole, tower,
etc., is being constructed in order to allow colocation by other wireless
carriers. In such cases, the height of the WTF shall be the minimum
necessary in order to meet the needs of the applicant together with
the anticipated needs of the additional carriers being accommodated
for at the site, but in no case higher than 120 feet. Colocation and/or
the ability to colocate may be provided for at lower heights on the
support structure.
(3)
The height of any accessory structure used in conjunction with the
operation of a WTF, including but not limited to equipment sheds and
shelters, shall not exceed 12 feet.
B.
Setbacks and minimum lot areas. The following setback requirements
shall apply to all towers for which a special use permit is required:
(1)
Towers and/or antennas shall comply with the setbacks and minimum
lot areas listed for use group M. Additionally, no tower shall be
located closer to a property line than a distance equal to 1/2 of
its height.
(2)
Accessory buildings shall satisfy the setback requirements listed
for use group K.
C.
Design, screening and camouflaging.
(1)
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical equipment, mechanical equipment
and visible accessory structures must be of a neutral color and similar
material that is identical to, or closely compatible with, the color
and material of the supporting structure so as to make the antenna
and other equipment as visually unobtrusive as possible.
(2)
Where feasible, concealment of antennas within existing structures
should be used to reduce visual impacts.
(3)
Where feasible, the use of stealth technology or stealth structures
shall be utilized to minimize the visual impacts of freestanding WTFs.
(4)
All new freestanding WTFs must be designed to allow colocation by
one or more additional wireless carriers.
(5)
All accessory structures, such as equipment, equipment cabinets,
etc., used in conjunction with a WTF which is located on a building,
must be located either on the roof of the building, within the building
or in a separate structure on the property which is screened by landscaping
and/or fencing to the satisfaction of the Planning Board.
(6)
All equipment, equipment cabinets, etc., used in conjunction with
the operation of either a new freestanding WTF, a colocated WTF on
an existing freestanding structure or a WTF on a public utility structure
shall be enclosed in an equipment shed or shelter.
(7)
Existing on-site vegetation shall be preserved or improved, and disturbance
of the existing topography shall be minimized, unless such disturbance
would result in less visual impact of the site to the surrounding
area.
(8)
Landscaping must be used to screen all new freestanding WTFs and
a landscape plan must be submitted with any applications to erect
freestanding WTFs. The Planning Board may require landscaping or buffer
areas in excess of the requirements of the Haverstraw Village Zoning
Code[1] 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 any proposed tower and any accessory structures shall
be landscaped.
(9)
All new freestanding WTFs and associated accessory structures shall
be enclosed by fencing not less than six feet in height and shall
also be equipped with appropriate anticlimbing devices. Fencing shall
be of chain link, wood or other approved alternative.
(10)
Lighting.
(a)
WTFs shall not be artificially lighted, unless required by the
Federal Aviation Administration or federal or state law.
(b)
If lighting is required, the Planning Board may review the available
lighting alternatives and approve the design that would cause the
least disturbance to the surrounding views and properties.
(11)
No signage or other identifying markings of a commercial nature
for the purpose of advertising shall be permitted upon any tower or
alternative tower structure.
A.
The Planning Board and/or BI may hire any consultant and/or expert
necessary to assist in reviewing and evaluating the application and
any requests for recertification.
B.
An applicant shall deposit with the Village funds sufficient to reimburse
the Village/Planning Board and BI for all reasonable costs of consultant
and expert evaluation in connection with the review of any application.
The initial minimum deposit shall be $7,500. These funds shall accompany
the filing of an application, and the Village will maintain a separate
escrow account for all such funds. The Village's consultants/experts
shall bill or invoice the Village no more frequently than monthly
for their services in reviewing the application and performing their
duties. If, at any time during the review process, this escrow account
has a balance less than $2,500, the applicant shall immediately, upon
notification by the Village, replenish said escrow account so that
it has a balance of at least $5,000. Such additional escrow funds
shall be deposited with the Village before any further action or consideration
is taken on the application. In the event that the amount held in
escrow by the Village is more than the amount of the actual billing
or invoicing at the conclusion of the review process, the difference
shall be promptly refunded to the applicant.
C.
The total amount of the funds set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as reasonably required and requested by the Village, shall be paid by the applicant.
A.
The Planning Board may refer any application or part thereof to any
other agency or committee for comments and nonbinding recommendations.
B.
The Planning Board may require an applicant to supplement any information
that the Board considers inadequate or that the applicant has failed
to supply. The Planning Board may make recommendations to the applicant
for revision or deny an application on the basis that the applicant
has not satisfactorily supplied the information required in this subsection.
C.
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Planning Board
shall consider the following factors in reaching a decision:
(1)
Public health, safety and welfare and related codes and requirements.
(2)
Traffic needs or traffic laws, or definitive plans for changes in
traffic flow or traffic laws.
(3)
The historic nature of a neighborhood or historical district.
(4)
The use or construction of a WTF which is contrary to an already
stated purpose of a specific zoning or land use designation.
(5)
The placement and location of a WTF which would create an unacceptable
risk, or the probability of such, to residents, the public, employees
and agents of the Village, or employees of the service provider or
other service providers.
(6)
Surrounding tree coverage and foliage.
(7)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(8)
Conflicts with the provisions of this chapter.
(9)
The public necessity of the proposed WTF.
(10)
Whether the proposed WTF will have an adverse visual impact.
(11)
Whether the proposed WTF will serve to diminish property values.
(12)
Availability of suitable existing towers, other structures or
alternative technologies not requiring the use of new towers and/or
structures.
The extent and parameters of a SUP or ALP (permit) for a WTF
shall be as follows:
A.
Any permit may, following a hearing upon prior notice of at least
30 days to the applicant, be revoked, canceled terminated for a violation
of the conditions and provisions of the permit for the WTF, or for
a material violation of this chapter after prior written notice to
the applicant and the holder of the permit.
B.
A holder of a 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.
C.
Applicants shall submit information on the proposed radio frequency
emissions of their proposed WTF 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 Village Board. The cost of verification
of compliance shall be borne by the owner and operator of the tower.
D.
All wireless telecommunication facilities shall be certified by an
engineer to be structurally sound and in conformance with the requirements
of the Building Code[1] 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. The
owner of the WTF 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 WTF is jeopardized.
E.
Owners of a WTF 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.
F.
Owners of a WTF shall install and maintain towers, antennas, antenna
attachments, accessory structures, wires, cables, fixtures and all
other equipment of the WTF 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.
G.
All WTFs 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, health, safety, welfare or
property of any person.
H.
All maintenance or construction of WTFs and antenna support structures
shall be performed by licensed maintenance and construction personnel.
I.
All WTFs shall maintain compliance with current RF emission standards
of the FCC.
J.
In the event that the use of a WTF is discontinued by the WTF owner,
the WTF owner shall provide written notice to the Village of its intent
to discontinue use and the date when the use shall be discontinued.
Subsequent to the notice, the tower shall be removed pursuant to § 243-20.
K.
Owners of a WTF shall provide the BI annually with a certification
by a New York State licensed professional engineer stating that the
WTF is in compliance with all applicable regulations and does not
pose any threat which shall endanger the health, safety and general
welfare of the community.
L.
A cash deposit, letter of credit or bond from a surety company that
is both an admitted carrier in the State of New York and has an A.M.
Best's Rating of B- or better, or a Best's rating of 4 or
better.
(1)
The cash deposit, letter of credit or bond must be in an amount equal
to 125% of the estimated cost of removing any proposed WTF equipment,
in the case it is abandoned, and of restoring the site.
(2)
In the event that a penalty, fine or financial obligation is assessed
pursuant to the provisions of this chapter, the BI or the Village
Clerk/Treasurer may deduct the amount of such penalty from the cash
deposit.
(3)
The applicant must maintain the required cash deposit, letter of
credit or bond at all times to assure the faithful performance of
the terms and conditions of this chapter and the conditions of any
permit issued pursuant to this chapter. The full amount of the bond
or security as determined when the permit is issued or as adjusted
thereafter pursuant to § 243-15C, shall remain in full force
and effect throughout the term of the permit and/or until the removal
of the WTF 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 permit and shall entitle the
Planning Board or BI to revoke the 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 permit.
A.
To the extent that the holder of a permit for a WTF has not received
relief or is otherwise exempt from appropriate state and/or federal
agency rules or regulations, then the holder of such a permit shall
adhere to, and comply with, all applicable rules, regulations, standards
and provisions of any state or federal agency, including but not limited
to the FAA and the FCC. Specifically included in this requirement
are any rules and regulations regarding height, lighting, security,
electrical and RF emission standards.
B.
To the extent that applicable rules, regulations, standards and provisions
of any state or federal agency, including but not limited to the FAA
and the FCC, and specifically including any rules and regulations
regarding height, lighting and security, are changed and/or are modified
during the duration of a permit for a WTF, then the holder of such
a permit shall conform the permitted WTF to the applicable changed
and/or modified rule, regulation, standard or provision within a maximum
of 24 months of the effective date of the applicable changed and/or
modified rule, regulation, standard or provision, or sooner as may
be required by the issuing entity.
All WTFs 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.
A.
In order to verify that the holder of a permit for a WTF and any
and all lessees, renters, and/or licensees of WTFs place, construct
and maintain such facilities, including towers, antennas, antenna
attachments and accessory structures, in accordance with all applicable
technical, safety, fire, building and zoning codes, laws, ordinances
and regulations and other applicable requirements, the Village shall
have authority to enter onto the property upon which the WTF is located
to inspect all facets of said permit holder's, renter's,
lessee's, licensee's or owners placement, construction,
modification and maintenance of such facilities, including but not
limited to towers, antennas, antenna attachments, accessory structures,
buildings or other structures constructed or located on the permitted
site.
B.
The Village reserves the right to conduct such inspections at any
time, upon reasonable notice to the property owner and operator of
the WTF. All expenses related to such inspections by the Village shall
be borne by the owner of the premises on which the WTF is located,
and also the owner of the WTF.
C.
The owner/permit holder agrees to an inspection of the telecommunications
facility by an RF consultant of the Village's choosing on the
one-year anniversary of the permit issuance and every five years thereafter,
to ensure the structural integrity of the facility and that RF emissions
are within acceptable limits. Concurrent with the five-year review
the RF consultant shall also review the amount of security (cash deposit,
letter of credit or bond) being held by the Village pursuant to § 243-6B(11)
and determine whether that bond amount should be increased or decreased
based upon fluctuations in the material or labor costs to remove such
facilities as well as based upon any other relevant changes to the
facility. Costs of such inspection shall be reimbursed by the permit
holder.
The holder of the 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. Such a certification
shall also be provided should any alterations to the WTF be made that
could reasonably be anticipated to change the NIER levels at the site.
A.
A holder of a SUP for a WTF shall secure and at all times maintain
public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage, in the amount of $5,000,000
for the duration of the SUP in amounts as set forth below:
B.
The commercial general liability insurance policy shall specifically
include the Village as an additional named insured.
C.
The insurance policies shall be issued by an agent or representative
of an insurance company licensed to do business in the State of New
York and with an A.M. Best's rating of at least B-.
D.
The insurance policies shall contain an endorsement obligating the
insurance company to furnish the Village with at least 30 days'
prior written notice in advance of the cancellation of the insurance.
The holder of the SUP shall also be required to inform the Village
with at least 30 days' prior notice written in advance of the
cancellation of the insurance. Such notification shall be by certified
mail, return receipt requested.
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.
Before construction of a permitted WTF is initiated, but in no case
later than 15 days after the grant of the SUP, the holder of the SUP
shall deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
A.
Any application for a WTF that is proposed for Village property shall
contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by the law, to
at all times defend, indemnify, protect, save, hold harmless and exempt
the Village, and its officers, boards, employees, committee members,tax
attorneys, agents and consultants, from any and all penalties, damages,
costs or charges arising out of any and all claims, suits, demands,
causes of action or award of damages, whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might
arise out of or are caused by the placement, construction, erection,
modification, location, products performance, use, operation, maintenance,
repair, installation, replacement, removal or restoration of said
WTF. With respect to the penalties, damages or charges referenced
herein, reasonable attorneys' fees, consultants' fees and
expert witness fees are included in those costs that are recoverable
by the Village.
A.
All carriers shall have installed at their WTFs the ability to disable
the use of the WTF at an off-site monitoring location.
B.
In the event of a malfunction, the carrier shall have the ability
to discontinue the use.
C.
There shall be placed at the entrance to the WTF a sign indicating
the owner, address and telephone number for emergency contacts.
D.
Any malfunction of a WTF, which shall endanger the health, safety
and general welfare of the community, shall cause the carrier to notify
the Building Department in writing within 24 hours of the event. Such
notification shall be made by electronic communication and certified
mail, return receipt requested, at addresses to be provided by the
BI.
E.
Failure on the part of the carrier to provide the Building Department
of this notification shall be grounds to suspend the operating license
for a period no less than 30 days. The carrier shall present to the
Village Board the reason for failure to notify the Village.
A.
If it has been determined that a WTF is abandoned or has become unsafe
or that there have been recurring, repeated or continuing violations
of any of the provisions of this chapter, the BI may revoke an ALP
or special use permit.
B.
Upon written notice to the former holder of the revoked permit, the
WTF shall be removed.
C.
The Village shall have the right to remove any abandoned or unsafe
WTF, and is entitled to utilize the performance bond provided for
under § 243-6B(11) of this chapter to cover the costs related
thereto.
D.
Upon revocation of any permit issued pursuant to this chapter, the
provisions of § 243-21 of this chapter shall be applicable,
if deemed necessary by the BI.
A.
Any person who attempts to erect, erects or substantially modifies
a WTF without having first obtained the necessary permits or permissions
described in this chapter shall be deemed in violation of this chapter.
Any responsible party or other persons convicted by a court of competent
jurisdiction of violating any provision of this chapter shall be punished
by a fine not to exceed $5,000. Each and every day such violation
continues may be deemed a separate offense.
B.
If any structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained in violation of this chapter or
without obtaining any required permits or permissions, or if any building,
structure or land is used in violation of this chapter, the Village,
in addition to any other remedies, may institute proceedings to prevent
such unlawful violation or to correct or abate such violations. Each
and every day such violation continues may be deemed a separate offense.
Upon the written request by an applicant, the Planning Board
may waive or reduce any requirement included herein, where the Board
finds, based on the recommendations of its hired or retained experts
and/or consultants and upon advice of legal counsel, that all of the
following conditions apply:
A.
That waiving or reducing the requirement will not result in the reasonable
likelihood of increased risk to the health, safety or general welfare
of residents or the Village of Haverstraw.
B.
That waiving or reducing the requirement will not increase the reasonable
likelihood of potential visual, environmental, social or economic
impacts to be overlooked or understated.
C.
That the requirement poses a significant and unreasonable burden,
expense or delay on the applicant.
A.
If any section, subsection, sentence, clause, phrase or portion of
this chapter is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
B.
This chapter supersedes all ordinances and local laws or parts thereof
adopted prior hereto which are in conflict herewith, to the extent
of such conflict.
