[Added 12-9-2004 by L.L. No. 8-2004]
The Telecommunications Act of 1996 affirmed
the Village of Laurel Hollow's authority concerning the placement,
construction and modification of wireless telecommunications facilities.
The Village finds that wireless telecommunications facilities may
pose significant concerns to the health, safety, public welfare, historic
character, aesthetic qualities and environment of the Village and
its inhabitants. In order to insure that the placement, construction
and modification of wireless telecommunications facilities is consistent
with the Village's land use policies, the Village hereby adopts a
single, comprehensive wireless telecommunications facilities application
and permit process. In order to ensure that the placement, construction
and modification of wireless telecommunications facilities do not
threaten or endanger the health, safety and welfare of the Village's
residents and visitors, and to protect the public welfare, environmental
features, aesthetic values and the nature and character of the community
and neighborhoods and other aspects of the quality of life specifically
listed elsewhere in this article, the Village hereby adopts an overall
policy and requirements with respect to a special use permit for wireless
telecommunications facilities for the express intent and purpose of
achieving the following goals:
A.
Implementing an application process for person(s)
seeking a special use permit for placement and construction and maintenance
of wireless telecommunications facilities;
B.
Establishing a policy for examining an application
for and issuing a special use permit for wireless telecommunications
facilities that is both fair and consistent to all licensed wireless
telecommunications providers;
C.
Promoting and encouraging the sharing and/or collocation
of wireless telecommunications facilities among service providers;
D.
Promoting and encouraging the placement, height and
quantity of wireless telecommunications facilities in such a manner,
including but not limited to the use of stealth and other innovative
technology, to minimize adverse aesthetic and visual impacts on the
land, property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities;
E.
Promoting and encouraging the implementation of alternative
types of wireless telecommunications facilities and technology such
as secondary wireless telecommunication service facilities, repeators,
and micro-cell technology to minimize the adverse visual and physical
effects of wireless telecommunications facilities and to protect the
natural features, aesthetics and open space character of the Village;
F.
Promoting and encouraging the priority of siting of
wireless telecommunications facilities to minimize the adverse visual
and physical effects of wireless telecommunications facilities and
to protect the natural features, aesthetics and open space character
of the Village;
G.
To minimize the impact of such facilities on residential
properties;
H.
To encourage the siting of wireless telecommunications
services facilities on properties and areas which are not used for
residential purposes;
I.
To avoid potential damage to property caused by towers
and telecommunications facilities by ensuring such structures are
soundly and carefully designed, constructed, modified, maintained,
and removed when no longer used or determined to be structurally unsound;
J.
To ensure that towers and telecommunications facilities
are compatible with surrounding land uses.
A.
For purposes of this article, and where not inconsistent
with the context of a particular section, the defined terms, phrases,
words, abbreviations, and their derivations shall have the meanings
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
include words in the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory, and
not merely directory.
B.
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
APPLICANT
APPLICATION
BOARD
COLLOCATION
COMPLETED APPLICATION
FAA
FCC
HEIGHT
MODIFICATION
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
PUBLIC UTILITY STRUCTURE
REPEATER
SECONDARY WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
SPECIAL USE PERMIT
STATE
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
TELECOMMUNICATIONS SITE
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
VILLAGE
WIRELESS TELECOMMUNICATIONS FACILITIES
As used in this article, the following terms shall
have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lots as the wireless telecommunications facilities,
including but not limited to, utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to radio, television, cellular,
paging, personal telecommunications services (PCS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the Village's siting, building and permitting authority.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunications facilities.
All the necessary and appropriate documentation that an applicant
is required to submit for consideration of a special use permit for
a wireless telecommunications facilities as specifically set forth
in this article.
The Board of Trustees of the Incorporated Village of Laurel
Hollow, which is hereby authorized to review special use permit applications
pursuant to this article.
The use of a wireless telecommunications facility or other
structure to support antenna for the provision of wireless services
without increasing the height of such facility or other structure.
An application that contains all the information and/or data
required by this article necessary to enable an informed decision
to be made with respect to an application.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission or its duly designated
and authorized successor agency.
When referring to a wireless telecommunications facility
or other structure, the distance measured from the preexisting grade
level to the highest point on such facility or other structure, even
if said highest point is an antenna or lightening protection device.
The addition, removal, change or alteration of any of the
physical and visually discernable components or aspects of a wireless
telecommunications facility, such as antennas, cabling, radios, equipment
shelters, landscaping, fencing, utility feeds, changing the color
or materials of any visually discernable components, vehicular access,
parking and/or an upgrade or changeout of equipment for better or
more modern equipment. Adding a new wireless carrier or service provider
to a wireless telecommunications facility or telecommunications site
for purposes of this article shall be deemed as a modification. A
modification shall not include the replacement of any components of
a wireless telecommunications facility where the replacement is identical
to the component being replaced or for any matters that involve the
normal repair and maintenance of a wireless telecommunications facility
without adding, removing, changing, or altering the wireless telecommunications
facility in any respect.
Non-ionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for “wireless telecommunications facilities."
Shall have the same meaning as defined and used in the 1996
Telecommunications Act.
Any structure erected for the purposes of providing a public
utility service, including, but not limited to, water towers, electric
transmission tower/poles and telephone poles.
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 the primary base stations which may
be attached to a structure or pole.
A small Wireless Telecommunications Service 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
that does not involve the construction of a new tower or increase
the height of any existing structure to which it is attached.
The official document or permit issued by the Board pursuant
to which an applicant is permitted to construct, maintain and use
a wireless telecommunications facility as granted or issued pursuant
to this article. The Board is hereby authorized to review and approve,
approve with modifications, or disapprove special use permits and
site plans consistent with Village Law, §§ 7-725 and
7-725(b).
The State of New York.
The use of innovative design technology to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and
other facilities located adjacent to, surrounding, and in generally
the same area as the requested location of such wireless telecommunications
facilities.
The transmission and/or reception of audio, video, data,
and other information by wire, radio, frequency, light, and other
electronic or electromagnetic systems.
See definition for "wireless telecommunications facilities."
A structure used in the provision of services described in
the definition of wireless telecommunications facilities.
Temporary in relation to all aspects and components of this
article, something intended to or that does exist for less than 90
days.
The Incorporated Village of Laurel Hollow.
Include personal wireless facilities and antennas and associated
equipment and/or a structure, tower, facility or location designed,
or intended to be used as or used to support antennas or other transmitting
or receiving devices. This includes, without limitation, all kinds
of structures that employ stealth technology, including, but not limited
to, structures such as a multistory building, church steeple, silo,
water tower, sign or other structures that can be used to mitigate
the visual impact of an antenna or the functional equivalent of such,
including all related facilities, such as cabling, equipment shelters
and other structures associated with the site. It includes towers
of all types intended to accommodate wireless telecommunications facilities
and secondary wireless telecommunications service facilities and repeaters.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal and emergency telecommunications
services, commercial satellite services, microwave services and services
not licensed by the FCC, but not expressly exempt from the Village's
siting, building and permitting authority, excluding those used exclusively
for the Village's fire, police or exclusively for private, noncommercial
radio and television reception and private citizen's bands, amateur
radio and other similar noncommercial telecommunications where the
height of the facility is below the height limits set forth in this
chapter.
No person shall build, erect, or construct a
wireless telecommunications facility upon any parcel of land within
any zoning district within the Village unless a special use permit
shall have been issued in accordance with this article. The Village
Board of Trustees is hereby authorized to review special use permit
applications submitted pursuant to this section as set forth herein.
A.
All applicants for a special use permit for wireless
telecommunications facilities or any modification of such facility
shall comply with the requirements set forth in this section. applications
for a special use permit for wireless telecommunications facilities
shall be made to the Board of Trustees. Said Board is the officially
designated agency that is authorized to review, analyze, evaluate
and make decisions with respect to granting or not granting, recertifying
or not recertifying, or revoking special use permits for wireless
telecommunications facilities. The Village may, at its discretion,
delegate or designate other official agencies of the Village to accept,
review, analyze, evaluate and make recommendations to the Board with
respect to the granting or not granting, recertifying or not recertifying
or revoking special use permits for wireless telecommunications facilities.
B.
An application for a special use permit for wireless
telecommunications facilities shall be signed on behalf of the applicant
by the person preparing the same and with knowledge of the contents
and representations made therein and attesting to the truth and completeness
of the information. The landowner, if different than the applicant,
shall also sign the application. At the discretion of the 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.
C.
applications not meeting the requirements stated herein
or which are otherwise incomplete, may be rejected by the Board.
D.
The applicant shall include with the application a
written certification:
(1)
That the applicant's proposed wireless telecommunications
facilities will be maintained in a safe manner, and in compliance
with all conditions of the special use permit, without exception,
as well as with all applicable and permissible local codes, ordinances,
and regulations, including any and all applicable Village, state and
federal laws, rules and regulations.
(2)
That the applicant is authorized to do business
in the State of New York and duly licensed by the Federal Communications
Commission.
(3)
That the facility will be completed and will
provide service within 180 days of the date of the grant of the special
use permit.
E.
All applications for the construction or installation
of new wireless telecommunications facilities shall contain the information
hereinafter set forth. The application shall be signed by an authorized
individual on behalf of the applicant. Where a certification is called
for, such certification shall bear the signature and seal of a professional
engineer licensed in this State. The application shall include as
a minimum the following information:
(1)
Documentation that demonstrates the public necessity
of the wireless telecommunications facility at the location proposed
to provide service primarily and essentially within the Village. Such
documentation shall include, without limitation, propagation studies,
in sufficient detail as determined by the Board, of the proposed site
and all adjoining planned, proposed, in-service or existing sites
and any alternative site proposed by the Village;
(2)
The name, address and phone number of the person
preparing the report;
(3)
The name, address and phone number of the property
owner, operator and applicant, and to include documentation of the
legal formation of the applicant;
(4)
The postal address and tax map designation of
the property;
(5)
The zoning district or designation in which
the property is situated;
(6)
Size of the property, stated both in square
feet and lot line dimensions, and a diagram showing the location of
all lot lines;
(7)
The location of the nearest residential structure;
(8)
The location, size and height of all structures
on the property which is the subject of the application;
(9)
The location, size and height of all proposed
and existing antennas and all appurtenant structures;
(10)
The type, locations and dimensions of all proposed
and existing landscaping, and fencing;
(11)
The number, type and design of the wireless
telecommunications facility and antenna(s) proposed and the basis
for the calculations of the facilities capacity to accommodate multiple
users;
(12)
The make, model and manufacturer of the wireless
telecommunications facility and antenna(s);
(13)
A description of the proposed wireless telecommunications
facility and antenna(s) and all related fixtures, structures, appurtenances
and apparatus, including height above preexisting grade, materials,
color and lighting;
(14)
The frequency, modulation and class of service
of radio or other transmitting equipment;
(15)
The actual intended transmission and the maximum
effective radiated power of the antenna(s);
(16)
Direction of maximum lobes and associated radiation
of the antenna(s);
(17)
Certification that the NIER levels at the proposed
site are within the permissible threshold levels adopted by the FCC;
(18)
Certification that the proposed antenna(s) will
not cause interference with other telecommunications devices;
(19)
A copy of the FCC license applicable for the
intended use of the wireless telecommunications facilities;
(20)
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 facilities on the proposed site;
(21)
A radius map, certified by its preparer, showing
the name, address, section, block and lot number on all property located
within 1,500 feet of any property line or the lot or parcel on which
the new wireless telecommunications facilities are proposed to be
located.
(22)
Site plan. An applicant shall be required to
submit a site plan as follows: The site plan shall show all existing
and proposed structures and improvements, including roads and shall
include grading plans for new facilities and roads. The site plan
shall also include documentation on the proposed intent and capacity
of use as well as a justification for the height of any tower or antennas
and justification for any land or vegetation clearing required. Additionally,
the Board of Trustees shall require the site plan include a completed
visual environmental assessment form (visual EAF) and landscaping
plan addressing other standards listed within this section, with particular
attention to visibility from key viewpoints within and outside of
the municipality as identified in the visual EAF. The Board may require
submittal of a more detailed visual analysis based on the results
of the visual EAF.
F.
In the case of a new wireless telecommunications facility,
the applicant shall be required to submit a written report demonstrating
its meaningful efforts to secure shared use of existing wireless telecommunications
facilities, or the use of alternative buildings or other structures
within or adjoining the Village. Copies of written requests and responses
for shared use shall be provided to the Board as part of the application,
along with any letters of rejection stating the reason for rejection.
A written technical report from an engineer, that the proposed tower
or telecommunications facilities cannot be installed or collocated
on another existing tower or usable antenna support structures, owned
by others, located within a one-half-mile radius of the proposed tower
site shall be provided.
G.
The applicant shall certify that the wireless telecommunications
facility, foundation and attachments are designated and will be constructed
to meet all local, village, state and federal structural requirements
for loads, including wind and ice loads.
H.
The applicant shall certify that the wireless telecommunications
facilities will be effectively grounded and bonded so as to protect
persons and property, and installed with appropriate surge protectors.
I.
The applicant shall furnish a visual impact assessment
which shall include:
(1)
A Zone of Visibility Map which shall be provided
in order to determine locations from which the wireless telecommunications
facility may be seen.
(2)
Pictorial representations of before and after
views from key viewpoints both inside and outside of the Village as
may be appropriate, including, but not limited to, state highways
and other major roads; state and local parks; other public lands;
historic districts; preserves and historic sites normally open to
the public; and from any other location where the site is visible
to a large number of visitors, travelers or residents; residential
properties from which the site is visible. The Board shall have the
authority to determine the appropriate key sites at a preapplication
meeting.
(3)
An assessment of the visual impact of the wireless
telecommunications facility base and accessory buildings from abutting
and adjacent properties and streets which will demonstrate the need
or appropriateness of screening of said structures.
J.
The applicant shall demonstrate and provide in writing
and/or by drawing how it shall effectively screen from view the base
and all related facilities and structures of the proposed wireless
telecommunications facilities.
K.
Any and all representations made by the applicant
or its counsel to the Board, on the record or otherwise, 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
Board.
L.
All utilities at a wireless telecommunications facilities
site shall be installed underground and in compliance with all laws,
ordinances, rules and regulations of the Village, including specifically,
but not limited to, the National Electrical Safety Code and the National
Electrical Code where appropriate.
M.
All applications for wireless telecommunications facilities
shall demonstrate that the facility has been sited to minimize the
adverse visual and physical impacts and effect on the environment,
the adjacent neighborhood, and the Village and its character.
N.
Both the wireless telecommunications facility 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/or to harmonize with
the natural surroundings, which shall include the utilization of stealth
or concealment technology as may be required by the Board.
O.
Telecommunications sites shall provide an access road,
turnaround space, and parking to assure adequate emergency and service
access. Existing roads, whether public or private, shall be used to
the maximum extent possible. Road construction shall at all times
minimize ground disturbance and the cutting of vegetation. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion.
P.
A person who holds a special use permit for wireless
telecommunications facilities shall construct, operate, maintain,
repair, provide for removal of, modify or restore the permitted wireless
telecommunications facilities in strict compliance with all then current
applicable technical, safety and safety-related codes adopted by the
Village, state, or United States, including but not limited to the
most recent editions of the National Electrical Safety Code, the National
Electrical Code, FAA, and FCC, as well as accepted and responsible
workmanlike industry practices and recommended practices of the National
Association of Tower Erectors as modified and updated from time to
time. The codes referred to are codes that include, but are not limited
to, use, construction, building, electrical, fire, safety, health
and land use codes. In the event of a conflict between or among any
of the preceding, the more stringent shall apply.
Q.
A holder of a special use permit granted under this
article shall obtain, at its own expense, all permits and licenses
required by applicable law, rule, regulation or code, 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 permittee.
R.
With respect to the application process, the Board
will seek lead agency status pursuant to SEQRA. The Board shall conduct
an environmental review of the proposed project pursuant to SEQRA
in combination with its review of the application pursuant to this
article.
S.
An applicant shall submit to the Village the number
of completed applications determined to be needed at the pre-application
meeting.
T.
The applicant shall examine the feasibility of designing
a proposed wireless telecommunications facility to accommodate future
demand for at least five additional commercial applications, for future
collocations. As determined by the Board, the wireless telecommunications
facility shall be structurally designed to accommodate at least five
additional antenna arrays equal to those of the applicant, and located
as close to the applicant's antenna as possible without causing interference.
U.
Future shared use.
(1)
The owner of the proposed new wireless telecommunications
facility, and his/her successors in interest, shall negotiate in good
faith for the shared use of the proposed wireless telecommunications
facility by other wireless service providers in the future, and shall:
(a)
Respond within 60 days to request for information
from a potential shared-use applicant;
(b)
Negotiate in good faith concerning future requests
for shared use of the new wireless telecommunications facility by
other telecommunications providers;
(c)
Allow shared use of the new wireless telecommunications
facility if another telecommunications provider agrees in writing
to pay reasonable charges. The charges may include, but are not limited
to, a pro rata share of the cost of site selection, planning, project
administration, land costs, site design, construction and maintenance
financing, return on equity, less depreciation, and all of the costs
of adapting the wireless telecommunications facility or equipment
to accommodate a shared user without causing electromagnetic interference.
(2)
Failure to abide by the conditions outlined
above shall be grounds for revocation of the special use permit for
the wireless telecommunications facility.
V.
There shall be a preapplication meeting. The purpose
of the preapplication meeting will be to address issues which will
help to expedite the review and permitting process. A preapplication
meeting shall also include a site visit, if there has not yet been
a prior site visit for the requested site. Costs of the Village's
consultants to prepare for and attend the preapplication meeting will
be borne by the applicant. Any and all representations made by the
applicant or its counsel during the preapplication meeting and site
visit shall be deemed a part of the application and may be relied
upon in good faith by the Village of Laurel Hollow.
W.
The holder of a special use permit shall notify the
Village of any intended modification of a wireless telecommunications
facility and shall apply to the Board to modify, relocate or rebuild
a wireless telecommunications facility.
X.
In order to better inform the public of the potential
visual impact of a new wireless telecommunications facility, the applicant
shall, at the discretion of the Board, conduct a balloon test prior
to the public hearing on the application. The applicant shall arrange
to fly, or raise upon a temporary mast, a minimum of three feet in
diameter, a brightly colored balloon at the maximum height of the
proposed new wireless telecommunications facility. The dates, (including
a second date, in case of poor visibility on the initial date) times
and location of this balloon test shall be published in the official
newspaper of the Village. The applicant shall inform the Village,
in writing, of the dates and times of the test, at least 14 days in
advance. The balloon shall be flown for at least three consecutive
hours sometime between 9:00 a.m. and 4:00 p.m. on the initial date.
The secondary date may be on a weekday.
Y.
The applicant shall provide a written copy of an analysis,
completed by a qualified individual or entity, to determine if the
wireless telecommunications facility or existing structure intended
to support wireless facilities requires lighting under Federal Aviation
Administration Regulation Part 77. This requirement shall be for any
new wireless telecommunications facility or for an existing structure
or building where the application increases the height of the structure
or building. If this analysis determines that the FAA must be contacted,
then all filings with the FAA, all responses from the FAA and any
related correspondence shall be provided to the Village in a timely
manner.
A.
Applicants for wireless telecommunications facilities
shall locate, site and erect said Wireless Telecommunication Facilities
in accordance with the following priorities, (1) being the highest
priority and (7) being the lowest priority. The applicant shall demonstrate
to the Board its attempts to locate on the highest priority sites
available.
(1)
On Village-owned properties or facilities;
(2)
On electric, telephone and any other utility
poles;
(3)
On existing nonresidential structures, such
as water towers, multistory buildings, church steeples, silos and
existing telecommunications towers or other similar non-residential
structures when placement of wireless facilities, including but not
limited to antennas do not increase the height of the structure;
(4)
On nonresidential properties, such as schools,
churches, universities, clubs, similar type nonresidential properties,
and commercial property;
(5)
Sites in excess of 100 acres;
(6)
On other properties in the Village. No existing
structure shall be modified to serve as a transmission tower unless
in conformity with the regulations established herein;
(7)
Other locations not meeting with the above priority
criteria shall only be permitted by the Board when the applicant demonstrates
to the Board's satisfaction that a priority site is not available
and the alternative site, to the maximum extent practicable, protects
and preserves the aesthetic qualities, open space characteristics
of the Village, the property values of the community and the health,
safety, and welfare of Village residents.
B.
Towers shall be permitted only as a last alternative
after all other transmission alternatives have been proven not to
be effective to eliminate substantial gaps in service within the Village.
Guyed wire towers shall not be permitted.
C.
If the need for a new tower is proven, the tower shall
be no taller than the minimum height necessary to eliminate substantial
gaps in service or portions thereof within the Village.
D.
If the proposed site is not the highest priority listed in Subsection A of this section, then a detailed explanation must be provided as to why any individual site(s) of any higher priority type were not selected or available. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit 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.
E.
An applicant may not by-pass sites of higher priority
by stating that the site proposed is the only site leased or selected.
An application shall always address collocation as the first preference
of the Village. If such option is not proposed, the applicant must
explain to the reasonable satisfaction of the Board why collocation
is not feasible.
F.
Notwithstanding the above, the Village may approve
any site located within an area in the above list of priorities, provided
that the Village finds that the proposed site is in the best interest
of the health, safety and welfare of the Village and its inhabitants
and will not have a deleterious effect on the aesthetic nature and
character of the community, the neighborhood and on nearby property
values. Notwithstanding the above, the Village may disapprove any
site located within an area in the above list of priorities, provided
that the Village finds that the proposed site is not in the best interest
of the health, safety and welfare of the Village and its inhabitants
and will have a deleterious effect on the aesthetic nature and character
of the community, the neighborhood and on nearby property values.
G.
The applicant shall submit a written report demonstrating
the applicant's review of the above categories of locations in order
of priority, demonstrating the reason for the site selection. If appropriate,
based on selecting a site of lower priority, a detailed written explanation
shall be included with the application, explaining why categories
of sites of a higher priority were not selected or available.
H.
Notwithstanding that a potential site may be situated
in an area of highest priority or highest available priority, the
Village may disapprove an application for any of the following reasons:
(1)
Conflict with safety and safety-related codes
and requirements;
(2)
Conflict with the historic nature or aesthetic
character of a neighborhood or historical district;
(3)
The use or construction of wireless telecommunications
facilities which is contrary to an already stated purpose of a master
plan or specific zoning or land use designation; or
(4)
The placement and location of wireless telecommunications
facilities which would create an unacceptable risk, or the reasonable
probability of such, to residents, the public, employees and agents
of the Village, or employees of the service provider or other service
providers;
(5)
Conflicts with the provisions of this chapter.
A.
Collocating on existing wireless telecommunications
facilities or other structures without increasing the height, as opposed
to the construction of a new wireless telecommunications facility
or increasing the height of the existing facility, shall be preferred
by the Village. The applicant shall submit a comprehensive report
inventorying existing wireless telecommunications facilities and other
suitable alternative structures within a two-mile radius of the location
of any proposed new site or wireless telecommunications facilities,
and demonstrate conclusively why an existing wireless telecommunications
facility or other suitable structure cannot be used.
B.
An applicant intending to locate on an existing wireless
telecommunications facility or other suitable structure shall be required
to document the consent of the existing owner to permit its use by
the applicant.
C.
Such shared use shall consist only of the minimum
antenna array necessary to provide service primarily and essentially
within the Village.
A.
The applicant shall submit documentation justifying
the total height of any wireless telecommunications facility and/or
antenna and the basis therefor. Such documentation will be analyzed
in the context of the justification of the height needed to provide
service primarily and essentially within the Village.
B.
If the need for a new wireless telecommunications
facility can be proven, the maximum permitted height of a wireless
telecommunications facility shall be no higher than the minimum height
necessary to eliminate substantial gaps in service within the Village,
whether in whole or in part. In no event shall a tower be higher than
75 feet.
A.
All wireless telecommunications facilities shall employ
stealth design technology as determined by the Board.
B.
Wireless telecommunications facilities shall not be
artificially lighted or marked, except as required by law.
C.
Wireless telecommunications facilities shall be galvanized
or, if deemed necessary, painted with a rust-preventive paint of an
appropriate color to harmonize with the surroundings and shall be
maintained in accordance with the requirements of this article.
D.
If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under applicable regulations.
E.
Wireless telecommunications facilities and all related
cabling that are collocated on a structure other than a wireless telecommunications
facility shall be of a color that matches the color of the structure
to which the facilities are attached. Whenever possible wireless telecommunications
facilities shall employ stealth technology to minimized the visual
impact of such facilities and equipment.
F.
In all cases, structures offering slender silhouettes
(i.e., monopoles) shall be preferable to freestanding structures,
except where such freestanding structures offer capacity for future
collocation. Towers should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements.
All wireless telecommunications facilities and
antennas shall be located, fenced or otherwise secured in a manner
that prevents unauthorized access. Specifically, all antennas, towers
and other supporting structures, shall be made reasonably inaccessible
to unauthorized individuals and constructed or shielded in such a
manner that they cannot be climbed or collided with, and shall be
installed in such a manner that they are readily accessible only to
persons authorized to operate or service them.
Wireless telecommunications facilities shall
contain a sign no larger than is required to provide adequate notification
to persons in the immediate area of the presence of an antenna that
has transmission capabilities and shall contain the name(s) of the
owner(s) and operator(s) of the antenna(s) as well as emergency phone
number(s). The sign shall be place on the equipment shelter or cabinet
located on premises and be visibly able to be read from the access
point of the site. The sign shall not be lighted, unless lighting
is required by applicable law, rule or regulation. No other signage,
including advertising, shall be permitted.
All proposed structures associated with a wireless
telecommunications facility shall be set back so as to comply with
applicable minimum setback requirements for the zoning district in
which the property is situated. On poles or other public utility structures
on public utility rights-of-way, the setback shall be as required
by the utility or any existing or future governing law or regulation.
Proposed towers and their associated equipment shall be set back a
minimum of 110% of the height of the tower above finished grade, from
all property lines and existing structures. Additional setbacks may
be required by the Board to contain, on-site, substantially all ice-fall
or debris from tower failure, and/or to preserve privacy of adjoining
residential and public property. Setbacks shall apply to all tower
parts and to any accessory facilities.
A.
Landscaping and/or other screening and visual mitigation
treatments, including but not limited to, the use of camouflage, stealth
or concealment technologies or treatments shall be required to minimize
the visual and aesthetic impact of such facility.
B.
All ground-based equipment and structures shall either
be located underground or placed so as not to be directly or easily
visible from any property line.
C.
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
D.
Existing on-site vegetation shall be preserved to
the maximum extent possible, and no cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place without prior approval of the Board. Clearcutting
of all trees in a single contiguous area exceeding 5,000 square feet
shall be prohibited.
E.
Deciduous or evergreen tree plantings may be required
to screen portions of the tower from nearby residential property as
well as from public sites known to include important viewsheds or
vistas. Where the site abuts residential or public property, including
streets, the vegetative screening shall be required consisting of
at least one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least 10 feet in height within two years of
planting shall be provided to effectively screen the tower base and
accessory facilities. In the case of poor soil conditions, planting
may be required on soil berms to assure plant survival. Plant height
in these cases shall exclude the height of any berm. Required vegetation
shall be maintained as a condition of the special use permit.
Noise-producing equipment shall be sited and/or
insulated to minimize any increase in noise above ambient levels as
measured at the property line.
A.
The Board may retain any attorney, consultant and/or
expert necessary to assist it in reviewing and evaluating the application,
including the construction, modification and inspection of the site,
once permitted, and any requests for recertification.
B.
An applicant shall deposit with the Village funds
sufficient to reimburse the Village for all reasonable costs of such
attorney, consultant and expert evaluation and consultation to the
Board in connection with the review of any application, including
the construction and modification of the site, once permitted. The
initial deposit shall be $5,000. The placement of the $5,000 with
the Village shall precede the site visit and preapplication meeting
and any work related to or necessitated by the applicant's contact
with the Village. The Village will maintain a separate escrow account
for all such funds. In reviewing the application the Village's consultants/experts
shall invoice the Village for their services at the consultant's/expert's
standard rates, including the construction and modification of the
site, once permitted. If at any time during the 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 as determined by the Village.
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 invoicing at the conclusion of the project,
the remaining balance shall be promptly refunded to the applicant.
In the event the amount deposited by the applicant is insufficient
to pay the actual cost of the Village consultants, the applicant shall
pay any additional amount due prior to the issuance or denial of the
special use permit.
C.
The total amount of the funds needed as 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 to complete the necessary review, analysis and inspection of any construction or modification.
D.
The applicant shall also reimburse the Village for
the actual and necessary charges for legal fees which have been incurred
by the Village in connection with the application.
E.
Any application submission shall be simultaneously
submitted to the Board's consultants by the applicant.
A.
No person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of,
wireless telecommunications facilities as of the effective date of
this article without having first obtained a special use permit for
wireless telecommunications facilities. Notwithstanding anything to
the contrary in this section, no special use permit shall be required
for those exceptions noted in the definition of wireless telecommunications
facilities.
B.
All wireless telecommunications facilities legally
existing on or before the effective date of this article shall be
allowed to continue as they presently exist, provided however, that
any modifications of an existing wireless telecommunications facility
must comply with the provisions of this article.
A.
Prior to the approval of any application for a special
use permit for wireless telecommunications facilities, a public hearing
shall be held by the Board, notice of which shall be published in
the official newspaper of the Village no less than 10 calendar days
prior to the scheduled date of the public hearing. The applicant shall
notify all landowners, in writing, whose property is located within
1,500 feet of any property line of the lot or parcel on which the
new wireless telecommunications facilities are proposed to be located,
and any property owner or organization directly impacted by the proposed
facility as determined by the Board, by certified mail, return receipt
requested, no less than 10 calendar days prior to the scheduled date
of the public hearing.
B.
There shall be no public hearing required for an application
to collocate on an existing wireless telecommunications facility or
other structure, provided that there is no proposed increase in the
height of the wireless telecommunications facility or other structure,
including attachments thereto.
C.
The Board shall schedule the public hearing referred to in Subsection A of this section once it determines that the application is complete. The Village, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary. The Board may waive any part or item to be contained in the application upon request of that applicant for good cause shown as determined by the Board.
A.
The Board will undertake a review of an application
pursuant to this article in a timely manner, consistent with its responsibilities
with SEQRA, and shall act within a reasonable period of time given
the relative complexity of the application and the circumstances,
with due regard for the public's interest.
B.
The Board may refer any application or part thereof
to any advisory or other committee for a nonbinding recommendation.
C.
After the public hearing and after formally considering
the application, the Board may approve, approve with conditions, or
deny a special use permit. The Board's decision shall be in writing
and shall be supported by substantial evidence contained in the record.
The burden of proof for the grant of the permit shall be upon the
applicant.
D.
Construction of a wireless telecommunications facility permitted under this article shall be started within 90 days of the date of the grant of the special use permit and be completed, obtain a certificate of completion, and provide service within 180 days of the date of the grant of the special use permit. If the requirements of this Subsection D are not complied with, the wireless telecommunications facility shall be deemed to have been abandoned, the special use permit shall be revoked and the provision of § 145-36.26 shall be enforced.
A.
All special use permits approved pursuant to this
article shall expire five years from the date of issuance, unless
between 12 months and six months prior to the five-year anniversary
date of the special use permit, and all subsequent five-year anniversaries
of the issuance of the original special use permit for wireless telecommunications
facilities, the holder of a special use permit for such facility shall
submit a signed, written request to the Board for recertification.
In the written request for recertification, the holder of such special
use permit shall include the following:
(1)
The name of the holder of the special use permit
for the wireless telecommunications facility;
(2)
If applicable, the number or title of the special
use permit;
(3)
The date of the original granting of the special
use permit;
(4)
Whether the wireless telecommunications facility
has been moved, relocated, rebuilt, or otherwise modified since the
issuance of the special use permit and if so, in what manner;
(5)
A representation that the wireless telecommunications
facility is in compliance with the special use permit and compliance
with all applicable codes, laws, rules and regulations;
(6)
Recertification that the wireless telecommunications
facility and attachments are designed and constructed and continue
to meet all local, Village, state and federal structural requirements
for loads, including wind and ice loads. Such recertification shall
be made by a professional engineer, licensed in the State, the cost
of which shall be borne by the applicant.
(7)
A representation that the existing wireless
telecommunications facility can not be replaced by a wireless telecommunications
facility of improved stealth technology which will reduce the visual
impact of such existing facility.
B.
If, after such review, the Board determines that the permitted wireless telecommunications facility is in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations currently in effect, then the Board shall issue a recertification of the special use permit for the wireless telecommunications facility, which may include any new provisions or conditions that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facility is not in compliance with the special use permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification of the special use permit for the wireless telecommunications facility, and in such event such wireless telecommunications facility shall not be used after the date that the applicant receives written notice of the decision by the Board, and until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in the record and shall be promptly provided to the owner of the facility. In the event the Wireless Communications facility shall not be brought into compliance within 90 days from the date of the decision of the Board, the facility shall be removed by the permittee in accordance with § 145-36.27C, D, E and F.
C.
If the applicant represents that the Wireless Communications facility can be replaced by a facility of improved visual appearance through the use of stealth technology pursuant to Subsection A(7) of this section, the special use permit shall be renewed on the condition that the wireless telecommunications facility shall be replaced by a wireless communications facility of improved stealth technology as approved by the Board prior to the expiration of the conditional renewal.
D.
If the applicant has submitted all of the information requested and required by this article, and if the review is not completed, as noted in Subsection B of this section, prior to the five-year anniversary date of the special use permit, or subsequent five year anniversaries, then the applicant for the permitted wireless telecommunications facility shall receive an extension of the special use permit for up to six months, in order to complete the recertification review.
E.
If the holder of a special use permit for a wireless telecommunications facility does not submit a request for recertification of such special use permit within the timeframe noted in Subsection A of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent five-year anniversaries.
The extent and parameters of a special use permit
for wireless telecommunications facilities shall be as follows:
A.
Such special use permit shall be nonexclusive;
B.
Such special use permit shall not be assigned, transferred
or conveyed without the express prior written notification of the
Village of Laurel Hollow;
C.
Such special use permit may be revoked, canceled,
or terminated for a violation of the conditions, and provisions, if
any, of the special use permit, or for material violation of this
article.
A.
At the time of submission of an application for a
special use permit for a wireless telecommunications facility, a nonrefundable
application fee of $6,000 shall be paid to the Village. If the application
is for a special use permit for collocating on an existing wireless
telecommunication facility or other structure, the nonrefundable fee
shall be $3,000. Joint applications for collocation on one site shall
treated as separate applications.
B.
The application fee for recertification of a special use permit for a wireless telecommunications facility shall be $1,500 unless there has been a modification of the wireless telecommunications facility since the date of the issuance of the original special use permit for which the conditions of the special use permit have not previously been modified. In the case of any modification, the fees provided in Subsection A shall apply. Any submissions or information provided of any kind shall simultaneously be provided to the Village's consultant.
The applicant and the property owner of record
of any wireless telecommunications facilities site shall, at its cost
and expense, be jointly required to execute and file with the Village,
a bond or other form of security acceptable to the Village, in an
amount of $100,000 and with such sureties as are deemed sufficient
by the Village to assure the faithful performance of the terms and
conditions of this article, and conditions of any special use permit
issued pursuant to this article. For collocations that do not increase
the height of the structure attached to, the bond or other security
shall be $50,000. The full amount of the bond or security shall remain
in full force and effect throughout the term of the special use permit,
recertification and/or until any necessary site restoration is completed
to restore the site to a condition comparable to that which existed
prior to the issuance of the original special use permit.
In order to verify that the holder of a special
use permit for wireless telecommunications facilities and any and
all lessees, renters, and/or licensees of wireless telecommunications
facilities place and construct such facilities, including towers and
antennas, in accordance with all applicable technical, safety, fire,
building and zoning codes, laws, ordinances and regulations and other
applicable requirements, the Village may inspect all facets of said
permit holder's, renter's, lessee's or licensee's placement, construction,
modification and maintenance of such facilities, including, but not
limited to, towers, antennas and buildings or other structures constructed
or located on the permitted site.
The holder of the special use permit shall,
annually, certify to the Village that NIER levels at the site are
within the threshold levels then currently adopted by the FCC, and
that the design and use of the wireless telecommunications facility,
including its cumulative impact with other existing facilities, conform
to the maximum NIER exposure standards promulgated by the FCC as then
existing. Said certification shall include a report prepared in accordance
with FCC Office of Engineering and Technology Bulletin 65, as amended.
The Village may hire a consultant of its choosing to analyze and verify
such certification; the cost of such consultant shall be reimbursed
by the applicant or special use permit holder.
A.
The holder of a special use permit for a wireless
telecommunications facility shall secure and at all times maintain
public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage, for the duration of the special
use permit in amounts as set forth below:
(1)
Commercial general liability covering personal
injuries, death and property damage: $2,000,000 per occurrence; $5,000,000
aggregate. Extensions: waiver of subrogation in favor of the Village;
(2)
Automobile coverage: $1,000,000 per occurrence;
$2,000,000 aggregate;
(3)
Workers Compensation and Disability: statutory
amounts. Extensions: voluntary compensation. All states coverage,
employers' liability: unlimited.
(4)
Umbrella liability: umbrella form: $5,000,000.
B.
The commercial general liability, automobile and umbrella
insurance policies shall specifically include the Village and all
elected and appointed officials, and its employees, volunteers, committee
members, attorneys, agents and consultants as additional named insureds
by endorsement to the policy of insurance.
C.
The insurance policies shall be issued by an agent
or representative of an insurance company licensed to do business
in the state and with a Best's rating of at least A.
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.
E.
Renewal or replacement policies or certificates shall
be delivered to the Village at least 15 days before the expiration
of the insurance that such policies are to renew or replace.
F.
Before construction of a permitted wireless telecommunications
facility is initiated, but in no case later than 15 days after the
grant of the special use permit, the holder of the special use permit
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 wireless telecommunication facilities
that is proposed for property located within the Village pursuant
to this article, 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, and
hold harmless, and exempt the Village, and its officers, boards, employees,
committee members, 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 facility. 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. Said indemnity shall be signed
by a duly authorized corporate officer or representative of the applicant.
A.
In the event of a violation of this article or any
special use permit issued pursuant to this article, the Village may
impose and collect, from the property owner and or holder of a special
use permit for wireless telecommunications facilities the fines or
penalties as set forth below. A violation of this article is hereby
declared to be an offense, punishable by a fine not exceeding $350
per day, per occurrence, or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 per day or imprisonment for a period not to exceed six months,
or both; and, upon conviction for a third or subsequent offense all
of which were committed within a period of five years, punishable
by a fine of not less than $700 per day nor more than $1,000 per day
or imprisonment for a period not to exceed six months, or both. However,
for the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this article or of such ordinance
or regulation shall be deemed misdemeanors, and for such purpose only,
all provisions of law relating to misdemeanors shall apply to such
violations. Each week's continued violation shall constitute a separate
additional violation.
B.
Notwithstanding anything in this article to the contrary,
the holder of a special use permit for a wireless telecommunications
facility may not use the payment of fines, liquidated damages or other
penalties, to evade or avoid compliance with this article or any section
of this article. An attempt to do so shall subject the holder of the
special use permit to termination and revocation of the special use
permit. The Village may also seek injunctive relief to prevent the
continued violation of this article, without limiting other remedies
available to the Village.
A.
If wireless telecommunications facilities are repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
article or of the special use permit, then the Village shall notify
the holder of the special use permit in writing of such violation.
Such notice shall specify the nature of the violation or noncompliance
and that the violations must be corrected within seven days of the
date of the postmark of the notice or of the date of personal service
of the notice, whichever is earlier. Notwithstanding anything to the
contrary in this subsection or any other section of this article,
if the violation causes, creates or presents an imminent danger or
threat to the health or safety of lives or property, the Village may,
at its sole discretion, order the violation remedied within 24 hours.
B.
If, within the period set forth in Subsection A above, the wireless telecommunications facilities are not brought into compliance with the provisions of this article, or of the special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facility into compliance, then the Village may revoke such special use permit for such wireless telecommunications facility, and shall notify the holder of the special use permit within 48 hours of such action.
A.
Under the following circumstances, the Village may
determine that the health, safety, and welfare interests of the Village
warrant and require the removal of wireless telecommunications facilities.
(1)
Wireless telecommunications facilities with
a permit have been abandoned (i.e., not used as wireless telecommunications
facilities) for a period exceeding 90 consecutive days or a total
of 180 days in any three-hundred-sixty-five-day period, except for
periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days;
(2)
Permitted wireless telecommunications facilities
fall into such a state of disrepair that it creates a health or safety
hazard;
(3)
Wireless telecommunications facilities have
been located, constructed, or modified without first obtaining, or
in a manner not authorized by, the required special use permit, or
any other necessary authorization.
B.
If the Village makes such a determination as noted in Subsection A of this section, then the Village shall notify the holder of the special use permit for the wireless telecommunications facility within 48 hours that said wireless telecommunications facility is to be removed, the Village may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facility.
C.
The holder of the special use permit, or its successors
or assigns, shall dismantle and remove such wireless telecommunications
facility, and all associated structures and facilities, from the site
and restore the site to as close to its original condition as is possible
within 90 days of receipt of written notice from the Village. However,
if the owner of the property upon which the wireless telecommunications
facility is located wishes to retain any access roadway to the wireless
telecommunications facility, the owner may do so with the approval
of the Board.
D.
If a wireless telecommunications facility is not removed
or substantial progress has not been made to remove the wireless telecommunications
facility within 90 days after the permit holder has received notice,
then the Village may order officials or representatives of the Village
to remove the wireless telecommunications facility at the sole expense
of the owner and/or special use permit holder.
E.
If the Village removes, or causes to be removed, a
wireless telecommunications facility, and the owner of the wireless
telecommunications facility does not claim and remove it from the
site to a lawful location within 10 days, then the Village may take
steps to declare the wireless telecommunications facility abandoned,
and sell it and its components.
F.
Notwithstanding anything in this section to the contrary,
the Village may approve a temporary use permit/agreement for the wireless
telecommunications facility, for no more than 90 days, during which
time a suitable plan for removal, conversion, or relocation of the
affected wireless telecommunications facility shall be developed by
the holder of the special use permit, subject to the approval of the
Village, and an agreement to such plan shall be executed by the holder
of the special use permit and the Village. If such a plan is not developed,
approved and executed within said ninety-day time period, then the
Village may take possession of, and dispose of, the affected wireless
telecommunications facility in the manner provided in this section.
A.
To the extent that the holder of a special use permit
for a wireless telecommunications facility has not received relief,
or is otherwise exempt, from appropriate state and/or federal agency
rules or regulations, then the holder of such a special use 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, security and
RF emissions standards are changed and/or are modified during the
duration of a special use permit for a wireless telecommunications
facility, then the holder of such a special use permit shall conform
the permitted wireless telecommunications facility to the applicable
changed and/or modified rule, regulation, standard, or provision within
12 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.
Where this article differs or conflicts with
other laws, rules and regulations, unless the right to do so is preempted
or prohibited by state or federal law, this article shall apply.
The Board may waive or modify any of the provisions
and requirements contained herein upon application of the applicant
to the Board showing just cause for such waiver in order to further
the purposes and intent of this article and compliance with the Telecommunications
Act of 1996.
A.
If any word, phrase, sentence, part, section, subsection,
or other portion of this article or any application thereof to any
person or circumstance is held to be void, unconstitutional or invalid
by a Court of competent jurisdiction, then such word, phrase, sentence,
part, section, subsection, or other portion, or the proscribed application
thereof, shall be severable, and the remaining provisions of this
article, and all applications thereof, not having been declared void,
unconstitutional or invalid, shall remain in full force and effect.
B.
Any special use permit issued under this article shall
be comprehensive and not severable. If part of a permit is deemed
or ruled to be invalid or unenforceable in any material respect, by
a court of competent jurisdiction, or is overturned by a court of
competent jurisdiction, the permit shall be void in total, upon determination
by the Village.
This article shall be effective upon its adoption
and filing with the Department of State.
