The Board of Trustees of the Village of Lattingtown
determines that it is in the best interest of its residents to establish
regulations and standards for the siting and installation of all wireless
equipment, including towers, monopoles, pole-mounted and building-attached
equipment and other related devices and equipment. These regulations
and standards are adopted in order to promote the safety and welfare
of the residents of the Village of Lattingtown to the extent reasonably
permitted under federal and state laws and rules and regulations.
This article sections will ensure that all wireless telecommunications
facilities and equipment be sited, designed, built and utilized in
accordance with sound land use planning that will preserve and protect
the aesthetic qualities of the Village and promote and protect the
safety and welfare of its residents.
The purpose of this article is to regulate,
to the fullest extent permitted by law, the siting, location, construction
and maintenance of wireless telecommunications services facilities
in the Village in order to:
A.
Promote the safety and welfare of the residents of
the Village and surrounding communities.
B.
Minimize the adverse visual effects of wireless telecommunications
services facilities and to protect the natural features, aesthetics
and open space character of the Village by careful siting, design,
buffering and screening of wireless telecommunications services facilities.
C.
Avoid potential dangers to the community, adjacent
properties and the site from structural dangers pertaining to the
construction and maintenance of wireless telecommunications services
facilities.
D.
Limit the total number of wireless telecommunications
services facilities to be constructed in the Village to the minimum
number of facilities necessary to provide adequate coverage to the
Village.
E.
Maximize the use of any proposed site by reducing
the number of facilities to be constructed on the site and encourage
collocation and multiple use of facilities to the extent reasonably
permissible.
As used in this article, the following terms
shall be defined as follows:
Coverage for personal wireless services facilities is considered
to be adequate within that area when a transmitted signal is capable
of being sent or received. It is acceptable for there to be holes
within the intended coverage area.
An area within the Village where there is not adequate coverage.
A freestanding pole having a single point of location on
the ground comprising a part of a wireless telecommunications services
facility. For purposes of this article, the term "monopole" shall
include, in addition to the pole, all other components of the wireless
telecommunications services facilities.
Non-ionizing electromagnetic radiation.
A small, supplementary and accessory bidirectional amplifier
facility designed and limited in height and transmission power to
provide service only where there is a failure of coverage and to minimize
visual impacts and the need for primary base stations which may be
attached to a structure or pole.
A small wireless telecommunications services facility that
is intended, designed and limited in its implementation to provide
service only in and for an area where there is a failure of coverage.
Such facility shall be limited in height and transmission power to
the minimum necessary to achieve adequate coverage in the area where
there is a failure of coverage.
A guy-wired or self-supporting tower constructed as a freestanding
structure comprising a part of a wireless telecommunications services
facility. For purposes of this article, the term "tower" shall include,
in addition to the tower, all other components of the wireless telecommunications
services facility.
The provision of wireless telecommunications services, including
those more commonly referred to as "cellular telephones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with, and as the term "personal wireless services" is defined in,
the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
With the exception of communications for the Village of Lattingtown
and local police, fire, ambulance and other municipal emergency service,
the term "wireless telecommunications services" shall specifically
exclude all other services not included in the FCC definition of "personal
wireless services."
Any and all equipment and structures used in connection with
the commercial operation of wireless telecommunications services,
as defined herein, and as the term "personal wireless services facilities"
is defined in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including, but not limited
to antennas, monopoles, secondary wireless telecommunications services
facilities, repeaters, and such other equipment, appurtenances and
structures relating thereto.
Except as provided hereinafter, no wireless
telecommunications services facility shall be sited, located, constructed
or maintained on any lot, building, structure or land area in the
Village, except in conformity with the requirements of this article,
the applicable requirements of this chapter and all other rules and
regulations governing wireless telecommunications services and facilities.
Wireless telecommunications services facilities
shall be located on properties meeting the below criteria in the noted
order of priority. The applicant shall evaluate and demonstrate the
feasibility of all available high priority locations meeting the criteria
before considering a lower priority location:
A.
Private or public properties exceeding 100 acres in
area where one wireless telecommunications services facility site
can provide at least adequate coverage to the Village and which avoids
and minimizes impacts upon adjoining residential properties by providing
a separation of 1,000 feet or more from all property boundaries and/or
residences.
B.
Village-owned property used for municipal purposes.
C.
Properties having in excess of 12 acres in area and
which property location minimizes the economic and aesthetic impacts
upon adjoining residential properties while providing adequate coverage
to the Village.
D.
Location sites not meeting with the above priority
criteria shall only be considered by the Board of Zoning Appeals when
the applicant demonstrates to the Board's satisfaction that a priority
site is not available and that the alternate site protects and preserves
the aesthetic qualities, open space characteristic of the Village
of Lattingtown, the property value of the community, and the safety
and welfare of its citizens, to the maximum extent practicable.
The shared use of the wireless telecommunications
services facility shall be strongly encouraged. The wireless telecommunications
services facility and site shall be required to be of proper size,
location and design to accommodate the collocation of all other licensed
wireless telecommunications service providers' facilities, and the
communications equipment of all local emergency services, as necessary
to provide adequate coverage of the entire Village, unless otherwise
approved by the Board of Zoning Appeals.
A.
It shall be a priority of the Village to maximize
the separation between wireless telecommunications services facilities
and residences and residential properties.
B.
Unless otherwise modified by the Board of Zoning Appeals
in an effort to accommodate collocation or other purposes of this
article, any freestanding wireless telecommunications services facility
shall be located from the property line and all dwelling units not
less than:
(1)
The height of the facility plus two times the applicable
setback for principal structures for the district in which the property
is located; and
(2)
Such additional setbacks as shall be determined by
the Zoning Board of Appeals in order that the proposed facility will
not create damage or injury from a structural failure of a wireless
telecommunications services facility.
The type and design of freestanding wireless
telecommunications services facilities shall be disguised to minimize
its visibility and impact to the satisfaction of the Zoning Board
of Appeals. Wireless telecommunications services facilities which
require the use of guy wires are prohibited.
A.
Notwithstanding any provision to the contrary in this
chapter, the following maximum height limitation for wireless telecommunications
services facilities shall apply, but under no circumstances shall
the height exceed the minimum height reasonably necessary to accomplish
the purpose it is proposed to serve.
B.
The height of any monopole or other freestanding structure
utilized in a wireless telecommunications services facility shall
not exceed 150 feet, measured from the highest point of such facility
to the original grade elevation of the ground immediately adjacent
to the structure.
A.
The applicant shall prepare a visual impact assessment
of the proposed wireless telecommunications services facility based
upon appropriate modeling, photography and other pertinent analytical
techniques as required by the Board of Zoning Appeals, including but
not limited to a map identifying the zone of visibility.
B.
Landscaping and/or other screening and mitigation,
including but not limited to architectural treatment, and alternative
construction, structural and transmission technologies such as antennas
attached to or disguised as trees or other features or camouflaging
techniques, shall be required to minimize the visual impact of such
facility from public thoroughfares, important views and vantage points
and surrounding properties to the extent practicable all as determined
by the Board of Zoning Appeals.
C.
No signs other than as approved by the Board of Zoning
Appeals for security or safety purposes shall be erected on any wireless
telecommunications services facility.
D.
All ground-based equipment and structures shall be
located underground.
The wireless telecommunications services facility
shall not be artificially lighted unless otherwise required by the
Federal Aviation Administration (FAA).
A.
Unless otherwise superseded by the Federal Communications
Commission (FCC), the design and use of the proposed wireless telecommunications
services facility, including its cumulative impact with other existing
and approved facilities, shall be certified to conform with the maximum
NIER exposure standards promulgated by the FCC, as amended. Said certification
shall include a report prepared in accordance with FCC Office of Engineering
and Technology Bulletin 65, as amended.
B.
The Board of Zoning Appeals shall require annual certification
of conformance with the applicable emissions standards and the requirements
and conditions of approval.
C.
Certification shall also be required prior to any
modification of the wireless telecommunications services facility,
at any time the Building Inspector suspects such modification has
been made, or upon modification of the FCC standards.
D.
The Board of Zoning Appeals shall hire a qualified
professional of its choice to review and confirm such initial and
annual certification report, the cost of which shall be reimbursed
by the applicant.
E.
Any violation of the emissions standards shall require
immediate discontinuation and correction of the use responsible for
the violation. Any such violation of these requirements of this chapter
or the conditions of the special permit approval shall be deemed to
be an offense punishable by fine and/or imprisonment in accordance
with this chapter.
Noise-producing equipment shall be sited and/or
insulated to eliminate any increase in noise above ambient levels
as measured at the property line.
All utility device lines extended to the wireless
telecommunications services facility site shall be installed underground.
A wireless telecommunications services facility
shall be designed and erected so that in the event of structural failure,
it will fall within the required setback area and, to the maximum
extent possible, away from adjacent development. No new structure
shall be permitted which would be classified by the FAA regulations
as an obstruction or hazard.
A.
The owner and applicant shall indemnify, defend, protect
and hold harmless the Village, its Board members, officers, employees
and agents from and against any and all claims, demands, losses, damages,
liabilities, fines, charges, penalties, administrative and judicial
proceedings and orders, judgments, remedial actions of any kind, all
costs and cleanup actions of any kind, and all costs and expenses
incurred in connection therewith, including reasonable attorneys'
fees and the costs of defense, directly or proximately resulting from
activities undertaken pursuant to the use and operation of any approved
wireless telecommunications services facility.
B.
The owner and applicant shall obtain and maintain
at all times insurance of an appropriate type and amount from an insurer
licensed and authorized in the State of New York designating the Village
as a named insured and meeting the requirements of the Board of Zoning
Appeals, the Village Board of Trustees and the Village Attorney.
A security program shall be formulated and implemented
for the site of a wireless telecommunications services facility. Such
program shall include physical features such as fencing, anticlimbing
devices or elevating ladders on monopoles or other approved structures
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism as required by the Board of Zoning
Appeals.
An approved wireless telecommunications services facility shall be inspected at the expense of the service provider in accordance with Chapter 145, Fees and Deposits, of the Code of the Village of Lattingtown adopted by the Village by a licensed professional engineer every five years, or at any time upon a determination by the Building Inspector that an approved structure may have sustained structural damage or is in violation of the conditions of approval. A copy of the inspection report shall be submitted to the Building Inspector.
An emergency action plan shall be formulated
and implemented for the site of a wireless telecommunications services
facility, to the satisfaction of the Board of Zoning Appeals and local
emergency services to the Village. Such plan shall include identification
of all appropriate features and considerations of each facility, appropriate
training of local police, fire and ambulance service providers, and
appropriate provisions for notification of the public in the event
of an emergency, to the satisfaction of the Board of Zoning Appeals
and the local providers of emergency services to the Village of Lattingtown.
A.
In the case of an application for approval of a wireless
telecommunications services facility to be located on lands owned
by a party other than the applicant or the Village, a copy of the
lease agreement with the property owner, together with any subsequent
modifications thereof, shall be provided to the Board of Zoning Appeals
and a copy shall be filed with the Village Clerk.
B.
The Board of Zoning Appeals, at its discretion and
in cooperation with the involved parties, shall allow certain proprietary
information contained in such lease which is unrelated to the requirements
of this article or the conditions of the approvals for said facility
to be omitted or kept confidential.
C.
The Board of Zoning Appeals shall not approve the
application unless it finds that the lease agreement is in conformance
with and properly reflects the purposes and requirements of this article
and the conditions of approval.
A.
A wireless telecommunications services facility, or
any portion thereof, including any portion of the antenna, shall be
dismantled and removed from the property on which it is located when
it has been inoperative or abandoned for a period of 180 days from
the date on which it ceased operation, or no longer has a valid approval,
permit or license, or is otherwise no longer necessary for the provision
of adequate coverage and adequate capacity in the Village of Lattingtown.
B.
The applicant shall provide to the Village written
notification of the date the use of the facility was discontinued
or abandoned or no longer has a valid approval, permit or license,
or is otherwise no longer necessary for the provision of adequate
coverage and adequate capacity in the Village by one or more of the
service providers. The applicant will also acknowledge in this notification
the requirement to remove the facility and set forth the plans for
its removal.
C.
The owner and/or applicant shall provide to the satisfaction
of the Village a written agreement suitable for filing with the Nassau
County Clerk to ensure the dismantling, removal and restoration of
an abandoned wireless telecommunications services facility or portion
thereof. Compliance with the requirements of removal as set forth
herein shall be secured by a bond or cash deposit posted by the applicant
in an amount and for a duration determined to be adequate by the Board
of Zoning Appeals.
D.
In the event that such facility, or portion thereof,
is not completely removed from the property within the required time,
the Village shall be authorized to cause such removal and be reimbursed
for all expenses incurred, including reasonable attorneys' fees, from
such cash deposit or the proceeds of such bond.
No wireless transmission services facility shall
be sited, erected, constructed and maintained or permitted or allowed
to be sited, erected, constructed and maintained within the Village,
unless and until a written application shall have been made to the
Board of Zoning Appeals for a special use permit pursuant to this
article and the provisions of this chapter and, thereafter, approved
by the Board of Zoning Appeals. The applicant shall comply with all
procedural rules and regulations as set forth in the rules and regulations
adopted by the Board of Trustees and as hereinafter amended after
public hearing and those rules of procedures adopted by the Board
of Zoning Appeals for the hearing of a special use permit.
The applicant is responsible for the payment
to the Village of a $5,000 fee for each application for a single wireless
telecommunications services facility, and an additional $5,000 for
each collocated wireless transmission services facility for each site
requested in the application.
A.
In addition to the required application fees, the
applicant shall be liable for, and shall pay, the following described
actual and necessary charges which have been incurred by the Village
in connection with the application, and an initial hearing deposit
of $7,500 to cover such expenses must accompany the application fees.
B.
Each applicant shall pay the application fees and
hearing charges required above prior to the hearing and meeting for
which the fees are required and the charges are incurred to the extent
that the latter are then determined. To the extent that hearing charges
are subsequently determined to exceed the funds on hand, the applicant
shall pay the same prior to the next stage (after such charges are
determined) in connection with the application, or approval, including
the filing of a final decision.
C.
No hearing shall be held and no consideration shall
be given by the Board of Zoning Appeals on any application unless
all required fees and charges, to the extent that the latter are then
determined, shall have been paid.
All decisions of the Board of Zoning Appeals
involving applications for wireless telecommunications services shall
be in writing and filed within 62 days of the close of the public
hearing and filing of required information and documentation requested.
In order to further the purposes of this article,
the Board of Zoning Appeals may, upon just cause shown, waive or modify
any of the special permit standards and criteria contained herein.
For telecommunications services facilities that are known to be presently
existing within the Village on a New York State right-of-way, the
Board of Zoning Appeals may waive or modify the special permit standards
and criteria contained therein as it deems necessary and appropriate.
