[Added 3-29-1999 by L.L. No. 1-1999]
The purpose of this article is to establish
predictable and balanced regulations for the siting and screening
of personal wireless services antennas, towers and accessory structures
in order to accommodate the growth of such systems within the Village
while protecting the public against any adverse impacts on aesthetic
resources, avoiding potential damage to adjacent properties from tower
failure through structural standards and setback requirements, and
reducing the number of towers needed to serve the community by maximizing
the use of existing towers and buildings.
Unless otherwise expressly stated, the following
words shall, for the purposes of this article, have the meanings herein
indicated:
- ACCESSORY STRUCTURES
- Accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support personal wireless services (PWS). The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
- ANTENNA
- A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes and omnidirectional antennas, such as whip antennas, as part of, or in conjunction with, a personal wireless services system.
- BOARD
- The Board of Trustees of the Village of Kings Point.
- PERSONAL WIRELESS SERVICES (SOMETIMES REFERRED TO AS "PWS")
- Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.
- TOWER
- Any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna, meteorological device or similar apparatus above grade as part of, or in conjunction with, a personal wireless services system.
A.
No antenna or tower shall hereafter be used, erected,
changed or altered except after obtaining a special exception permit
in conformity with this article.
B.
The Board is hereby authorized to review and approve,
approve with modifications or disapprove special exception permits
pursuant to this article. The Board shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed antenna, tower or accessory structures
and the protection of the health, safety and welfare of the Village,
including but not limited to the aesthetics thereof.
A.
All towers erected, constructed or located within
the Village shall comply with the following requirements. A proposal
for a tower shall not be approved unless the Board finds that the
antenna planned for the proposed tower cannot be accommodated on an
existing or approved tower or building within a one-mile search radius
of the proposed tower due to one or more of the following reasons:
(1)
The antenna would exceed the structural capacity of
the existing or approved tower or building, as documented by a qualified
professional engineer, and the existing or approved tower cannot be
reinforced, modified or replaced to accommodate the planned or equivalent
antenna at a reasonable cost.
(2)
The antenna would cause interference materially impacting
the usability of other existing or planned antenna at the tower or
building as documented by a qualified professional engineer, and the
interference cannot be prevented at a reasonable cost.
(3)
Existing or approved towers and buildings within the
search radius cannot accommodate the antenna at a height necessary
to function reasonably as documented by a qualified professional engineer.
(4)
Other foreseen reasons that make it infeasible to
locate the antenna upon an existing or approved tower or building.
B.
Any proposed tower shall be designed, structurally,
electrically and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least five additional users.
Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying heights.
C.
The applicant shall submit to the Board a letter of
intent committing the applicant, and its successors in interest, to
negotiate in good faith for shared use of the proposed tower by other
PWS providers in the future. The issuance of a permit (assuming the
tower is approved according to this article) shall commit the new
tower owner and its successors in interest to:
(1)
Respond in a timely comprehensive manner to a request
for information from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the new tower by other PWS providers.
(3)
Allow shared use of the new tower if another PWS provider
agrees, in writing, to pay charges.
(4)
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,
Village fees, 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.
D.
In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall
structure or existing tower in a neighboring municipality be considered
for shared use, an applicant shall submit to the Board an affidavit
that it has sent by registered or certified mail, return receipt requested,
at least 15 days prior to the public hearing a notification to all
of the Village Clerks of each Village, the Fire Departments and the
Water Authorities within two miles of the proposed location of the
tower. Such notification shall include the exact location of the proposed
tower and a general description of the project, including but not
limited to the height of the tower and its capacity for future shared
use.
A.
Proof of noninterference from antenna. Each application
for installation of an antenna shall include either a preliminary
or a certified statement that the installation of the antenna, including
reception and transmission functions, will not interfere with the
radio or television service enjoyed by adjacent residential and nonresidential
properties or with public safety telecommunications. In the event
that only a preliminary statement is submitted with the application,
a final certified statement of noninterference shall be provided,
subject to the approval of the Village, prior to the issuance of a
permit. The statement shall be prepared and certified by a professional
engineer.
B.
Antenna safety. Antennas shall be subject to state
and federal regulations pertaining to nonionizing radiation and other
health hazards related to such facilities. The owner shall submit
evidence of compliance with the Federal Communication Commission's
standards on a yearly basis. If new, more restrictive standards are
adopted, the antennas shall be made to comply, or continued operations
may be restricted by the Board. The cost of verification of compliance
shall be borne by the owner and operator of the tower.
C.
Tower lighting. Towers shall not be illuminated by
artificial means and shall not display strobe lights unless such lighting
is specifically required by the Federal Aviation Administration or
other federal or state authority for a particular tower. When incorporated
into the approved design of the tower, and approved by the Board,
light fixtures used to illuminate ball fields, parking lots or similar
areas may be attached to the tower.
E.
Tower height limitations. The maximum height of a
tower is limited to 50 feet above the ground upon which the antenna
is placed. The ground elevation may not be raised to increase the
height of the tower. The height limitation may be waived by the Board
when the antenna is mounted on an existing building or structure or
to accommodate collocation.
F.
Tower building requirements.
(1)
The use of guyed towers is prohibited. Towers must
be self-supporting without the use of wires, cables, beams or other
means. The design should utilize an open framework or monopole configuration.
Permanent platforms or structures exclusive of antennas that serve
to increase off-site visibility are prohibited.
(2)
The base of the tower shall occupy no more that 500
square feet and no portion of the tower shall be larger than the base.
(3)
Minimum spacing between tower locations shall be 1/4
mile.
G.
Access to towers. A road and parking shall be provided
to assure adequate emergency and service access. Maximum uses of existing
roads, public or private, shall be made.
H.
Setbacks for towers and accessory structures.
I.
Screening and security of towers and accessory structures.
(1)
Existing on-site vegetation shall be preserved to
the maximum extent practicable.
(2)
Towers and accessory structures shall be provided with security fencing to prevent unauthorized entry. Such fencing shall be no less than six feet and no greater than eight feet in height and shall be constructed of either masonry, wrought iron or wire (not wood) and shall meet the requirements for fences set forth in § 140-3 of the Village Code (swimming pools, fences).
(3)
The base of the tower and any accessory structures
shall be landscaped to the extent feasible to minimize the impact
of the tower, the accessory structures and the security fencing from
the adjacent residential community and the public streets.
J.
Design of antennas, towers and accessory structures.
Towers and antennas shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural
treatment, except in instances where the color is dictated by federal
or state authorities such as the Federal Aviation Administration.
Every antenna and tower shall be of neutral colors that are harmonious
with, and that blend with, the natural features, buildings and structures
surrounding such antenna and structure; provided, however, that directional
or panel antenna and omnidirectional or whip antennas located on the
exterior of a building that will also serve as an antenna tower shall
be of colors that match, and cause the antenna to blend with, the
exterior of the building. Accessory structures will be designed to
be architecturally compatible with principal structures on the site
and the aesthetics of the neighboring structures.
The operator of every PWS antenna shall submit
to the Village Clerk copies of all licenses and permits required by
other agencies and governments with jurisdiction over the design,
construction, location and operation of such antenna and shall maintain
such licenses and permits and provide evidence of renewal or extension
thereof when granted. The failure to do so after 30 days' notice,
in the discretion of the Board, unless good cause for such failure
is shown, shall result in the termination of the special exception
permit.
No permit granted under this article for any
antenna or tower, or accessory structure, shall be assigned or transferred
without the prior approval of the Board.
All permits granted under this article shall
be subject to review by the Board at ten-year intervals to determine
whether the technology in the provision of PWS has changed such that
the necessity for the permit at the time of its approval has been
eliminated or modified and whether the permit should be modified or
terminated as a result of any such change.
[Amended 11-27-2007 by L.L. No. 8-2007]
In addition to the fees set forth in other provisions
of the Village Code, each owner and operator of an antenna and/or
a tower shall pay to the Village an annual fee as shall be established
from time to time by resolution of the Board of Trustees.[1]
A.
Upon the termination of the permit granted pursuant
to this article, or upon the abandonment or discontinuance of use
of any towers or portions of towers or associated facilities, whichever
is the first to occur, such towers or portions of towers or associated
facilities shall be removed as follows:
(1)
All towers and associated facilities for which the permit granted pursuant to this article has been terminated and all abandoned or unused towers and associated facilities shall be removed within six months of such termination, abandonment or discontinuance of use, unless a time extension is approved by the Board. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon such termination, abandonment or discontinuance of use at the site shall be submitted at the time of application. In the event that a tower is not removed within six months of the such termination, abandonment or discontinuance of use, the tower and associated facilities may be removed by the Village, and the costs of removal assessed against the property, in the manner set forth in § 117-11 of the Village Code (property maintenance, performance of work by Village; assessment of costs).
(2)
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation unless a time extension is approved by the Board. The replacement of portions of a tower previously removed requires the issuance of a new special exception permit. In the event that said unused portion of the tower is not removed within said six months, said portion of the tower may be removed by the Village, and the costs of removal assessed against the property, in the manner set forth in said § 117-11.
B.
Performance bond.
(1)
No permit shall be issued pursuant to this article
until the applicant has delivered a performance bond to the Village,
in a form satisfactory to the Village Attorney, in a sum equal to
the cost of removing the tower and associated facilities, to secure
the applicant's responsibility to remove:
(a)
The tower and associated facilities within six
months of the termination of the permit granted pursuant to this article
or the abandonment or discontinuance of use of such tower and associated
facilities, unless a time extension is approved by the Board; and
(b)
The unused portions of towers above a manufactured
connection within six months of the time of antenna relocation, unless
a time extension is approved by the Board.
(2)
All such bonds shall be issued by insurance companies
licensed to do business in the State of New York with best ratings
of A or better.
(3)
Accompanying such bonds shall be an estimate of the
cost of the removal of the tower and associated facilities, certified
by a professional engineer.
(4)
All such bonds shall be renewed not less than once
every three years and shall be accompanied by an updated professional
engineer's certification of the cost of removal.
Antennas and towers in existence which do not
conform to or comply with this article are subject to the following
provisions:
A.
Antennas and towers may continue in use for the purpose
now used and as now existing but may not be replaced or structurally
altered without complying in all respects with this article.
B.
If such antennas or towers are hereafter damaged or
destroyed due to any reason or cause whatsoever, the antenna or tower
may be repaired and restored to its former use, location and physical
dimensions without complying with this article; provided, however,
that if the cost of repairing the tower to the former use, physical
dimensions and location would be 20% or more of the cost of a new
tower of like kind and quality, then the tower may not be repaired
or restored except in full compliance with this article.
The Board shall conduct a public hearing within
62 days from the day a complete application is filed with the Village
Clerk with the appropriate application fee and deposit. The Board
shall issue a decision within 35 days after the conclusion of the
public hearing and the recommendations of the Nassau County Planning
Commission, whichever is the later to occur.
The Board shall have the right to vary the provisions
of this article, to the extent reasonable or necessary, upon a showing
of sufficient evidence by qualified experts that an applicant cannot
feasibly provide the services for which it is licensed if it is compelled
to conform with all of the foregoing provisions of this article or
if it is shown that any of the foregoing provisions of this article
are not enforceable by the Village because of a federal or state preemption.
