[HISTORY: Adopted by the Board of Trustees of the Village
of Huntington Bay 1-29-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
The purpose and intent of this chapter is to provide a uniform
and comprehensive set of regulations and standards for the permitting,
development, siting, installation, design, operation and maintenance
of wireless telecommunications facilities in the Village's public
rights-of-way. These regulations are intended to prescribe clear and
reasonable criteria to assess and process applications in a consistent
and expeditious manner, while reducing the impacts associated with
wireless telecommunications facilities in the public rights-of-way.
This chapter provides standards necessary:
A.
For the preservation of the public rights-of-way in the Village for
the maximum benefit and use of the public;
B.
To promote and protect public health and safety, community welfare,
visual resources and the aesthetic quality of the Village consistent
with the goals, objectives and policies of the comprehensive plan;
and
C.
To provide for the orderly, managed and efficient development of
wireless telecommunications facilities in the public rights-of-way
in accordance with the federal and state laws, rules and regulations.
A.
When not inconsistent with the context, words in the present tense
include the future; words in the singular include the plural number
and words in the plural number include the singular.
B.
ACCESSORY EQUIPMENT
ANTENNA or ANTENNAS
BOARD OF TRUSTEES
CELLULAR
CO-LOCATION
MODIFICATION
POLE
PUBLIC RIGHT-OF-WAY
SENSITIVE AREA
SPECIAL PERMIT
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
TELECOMMUNICATIONS STRUCTURE
TELECOMMUNICATIONS TOWER
UTILITY POLE
VILLAGE CODE
WIRELESS TELECOMMUNICATIONS FACILITY
(1)
(2)
(3)
(4)
WIRELESS TELECOMMUNICATIONS SERVICES
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
Any equipment associated with the installation and/or operation
of a wireless telecommunications facility, including but not limited
to cabling, generators, fans, air-conditioning units, electrical panels,
equipment shelters, equipment cabinets, equipment buildings, pedestals,
meters, vaults, splice boxes and surface location markers.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
The Board of Trustees of the Incorporated Village of Huntington
Bay.
An analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
The mounting or installation of any wireless telecommunications
facility or facilities, or parts thereof, on an already existing structure
that is currently being used to support and operate a wireless telecommunications
facility.
A change to an existing wireless telecommunications facility
that involves any of the following: co-location, expansion, alteration,
enlargement, intensification, reduction, or augmentation, including,
but not limited to, changes in size, shape, color, visual design,
exterior material or technical or engineering specifications relating
to hardware or software. "Modification" does not include repair, replacement
or maintenance if those actions do not involve a change to the existing
wireless telecommunications facility. Adding a new wireless carrier
or service provider to a telecommunications tower or telecommunications
site as a co-location is a modification.
A single shaft of wood, steel, concrete or other material
capable of supporting the equipment mounted thereon in a safe and
adequate manner.
An area of land owned by the Village or other governmental
entity that is improved with publically owned roads, utility poles
used to support electrical, telephone and cable/internet transmission
lines, and subsurface conduits used to provide water, natural gas
and other public utility services.
Any area within 500 feet of any historically significant
structure or district listed in the national or state register of
historic places or any area within a waterfront preservation district.
The special permit granted by the Board of Trustees pursuant
to this chapter which authorizes an applicant to file for a building
permit to construct and use a wireless telecommunications facility
within a public right-of way.
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, which shall mean using the least visually
and physically intrusive means that is not technologically or commercially
impracticable under the facts and circumstances.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "wireless telecommunications facility."
A freestanding mast, pole, monopole or tower, guyed tower,
lattice tower or other structure designed and primarily used to support
wireless telecommunications facility antennas.
Any pole or structure owned by any utility company that is
primarily used to support wires, cables and/or other equipment necessary
to the provision of electrical, cable or other utility services.
The Code of the Village of Huntington Bay.
Any structure, facility, or location that transmit(s) and/or
receive(s) electromagnetic waves or radio frequency or other wireless
signals. It includes, but is not limited to, antennas and/or other
types of equipment for the transmission or receipt of such waves or
signals, and utility poles, poles, telecommunications towers or similar
structures supporting such equipment, related accessory equipment,
equipment buildings, parking areas, and other accessory development.
The term "wireless telecommunications facility" does not apply to
the following:
Government-owned and operated wireless telecommunications facilities;
Emergency medical care provider-owned and operated wireless
telecommunications facilities;
Mobile services providing public information coverage of news
events of a temporary nature;
Any wireless telecommunications facilities exempted from this
chapter by federal or state law.
The provision of services using a wireless telecommunications
facility or a co-location wireless telecommunications facility, and
shall include, without limitation, the following services: personal
wireless services as defined in the federal Telecommunications Act
of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute,
cellular service, personal communication service, and/or data radio
telecommunications.
A.
This chapter applies to the siting, construction or modification
of any and all wireless telecommunications facilities proposed to
be located within a public right-of-way as follows:
(1)
All wireless telecommunications facilities for which applications
were not approved by the Board of Trustees prior to the effective
date of this chapter shall be subject to and comply with all provisions
of this chapter.
(2)
All wireless telecommunications facilities for which applications
were approved by the Board of Trustees prior to the effective date
of this chapter shall not be required to obtain a new or amended special
permit. Any wireless telecommunications facility that was lawfully
constructed prior to the effective date of this chapter that does
not comply with the standards, regulations and/or requirements of
this chapter, shall be deemed a nonconforming use.
A.
Special permit required. All new or co-located wireless telecommunications
facilities or modifications to existing wireless telecommunications
facilities, co-located or otherwise, shall require a special permit.
B.
Other permits required. In addition to a special permit, the applicant
must obtain all other required permits or other approvals, as required
by the Village Code or from any other governmental entity having jurisdiction.
Any special permit granted under this chapter is subject to the conditions
and/or requirements of all other required permits or other approvals.
Unless the issuance of a special permit is a condition precedent to
the issuance of the other required permits and approvals, the other
required permits and approvals shall be obtained prior to the granting
of a special permit.
C.
Eligible applicants. Only applicants who have been granted the right
to enter a public right-of-way pursuant to federal or state law, or
who have entered into a franchise agreement or right-of-way use agreement
permitting them to use the public right-of-way for the installation
or modification of a wireless telecommunications facility, shall be
eligible for a special permit.
D.
Speculative equipment prohibited. The Village finds that the practice
of "preapproving" wireless telecommunications facilities that the
applicant does not presently intend to install, but may wish to install
at some undetermined future time, does not serve the public's
best interest. The Village shall not process or grant a special permit
for wireless telecommunications facilities that the applicant does
not actually and presently intend to install or construct.
A.
Application. Each applicant requesting approval of the installation
or modification of any wireless telecommunications facility in a public
right-of-way shall fully and completely submit to the Village a written
application on a form prepared by the Board of Trustees for a special
permit.
B.
Application contents. The Board of Trustees shall develop an application
form and make it available to applicants upon request. The application
form for a special permit shall require the following information,
in addition to all other information determined to be necessary by
the Board of Trustees:
(1)
The name, address and telephone number of the applicant, owner, the
operator of the proposed wireless telecommunications facility and
any service provider that will use the wireless telecommunications
facility.
(2)
If the wireless telecommunications facility will be located on or
in property that is not owned by the applicant (e.g., a utility pole),
the applicant shall provide a duly executed written authorization
from the property owner authorizing the placement of the wireless
telecommunications facility on or in the owner's property.
(3)
A copy of the right-of-way use agreement granting applicant permission
to use the public right-of-way for the proposed wireless telecommunications
facility.
(4)
A full written description of the proposed wireless telecommunications
facility and its purpose.
(5)
Detailed engineering plans of the proposed wireless telecommunications
facility and related report prepared by a professional engineer licensed
by the State of New York documenting the following for each wireless
telecommunications facility being proposed:
(a)
Height, diameter and design of the wireless telecommunications
facility, including technical engineering specifications, economic
and other pertinent factors governing selection of the proposed design,
together with evidence that demonstrates that the proposed wireless
telecommunications facility has been designed to be the least visible
equipment within the particular technology the applicant, owner, operator,
service provider and/or carrier chooses to deploy. A layout plan,
section and elevation of the tower structure shall be included.
(b)
A photograph and model name and number of each piece of equipment
to be installed.
(c)
Power output and operating frequency for the proposed antenna(s).
(d)
Total anticipated capacity of the structure, indicating the
number and types of antennas and power and frequency ranges, which
can be accommodated.
(e)
Sufficient evidence of the structural integrity of the pole
or other supporting structure as required by the Village Engineer.
(6)
A justification study which includes the rationale for selecting
the proposed location(s); a detailed explanation of the coverage gap
that the proposed wireless telecommunications facility would serve;
and how the proposed wireless telecommunications facility is the least
intrusive means for the applicant to provide wireless service. Said
study shall include all existing structures and/or alternative sites
evaluated for potential installation of the proposed wireless telecommunications
facility and why said alternatives are not a viable option.
(7)
Site plan(s) to scale, specifying and depicting the proposed wireless
telecommunications facility, including the exact proposed location
of the utility pole, pole or other structure on which the proposed
wireless telecommunications facility will be installed or constructed,
and indicating the height and diameter thereof, and showing all antennas,
accessory equipment, access or utility easements, landscaped areas,
existing utilities, adjacent land uses.
(8)
Scaled elevation plans of any proposed co-located facilities or new
poles proposed, and showing all antennas, accessory equipment, and
related landscaping and screening.
(9)
A completed full environmental assessment form.
(10)
If the applicant requests an exception to the requirements of this chapter in accordance with § 90-13 for any proposed wireless telecommunications facility, the applicant shall provide all information and studies necessary for the Board of Trustees to evaluate that request.
(11)
An accurate visual impact analysis showing the maximum silhouette,
viewshed analysis, color and finish palette and proposed screening
for the proposed wireless telecommunications facility, including scaled
photo simulations from at least three different angles.
(12)
Completion of the radio frequency ("RE") emissions exposure guidelines
checklist contained in Appendix A to the Federal Communications Commission's
("FCC") "Local Government Official's Guide to Transmitting Antenna
RF Emission Safety" to determine whether the proposed wireless telecommunications
facility will be "categorically excluded" as that term is used by
the FCC.
(13)
For a wireless telecommunications facility that is not categorically
excluded under the FCC regulations for RF emissions, the applicant
shall submit an RF exposure compliance report prepared and certified
by an RF engineer acceptable to the Village that certifies that the
proposed wireless telecommunications facility, as well as any facilities
that contribute to the cumulative exposure in the subject area, will
comply with applicable federal RF exposure standards and exposure
limits. The RF report must include the actual frequency and power
levels (in watts effective radio power "ERP") for all existing and
proposed antennas at the site and exhibits that show the location
and orientation of all transmitting antennas and the boundaries of
areas with RF exposures in excess of the uncontrolled/general population
limit (as that term is defined by the FCC) and also the boundaries
of areas with RF exposures in excess of the controlled/occupational
limit (as that term is defined by the FCC). Each such boundary shall
be clearly marked and identified for every transmitting antenna at
the project site.
(14)
Copies of any documents that the applicant is required to file pursuant
to Federal Aviation Administration ("FAA") regulations for the wireless
telecommunications facility.
(15)
A noise study prepared by a qualified acoustic engineer documenting
that the level of noise to be emitted by the proposed wireless telecommunications
facility will comply with noise requirements of this chapter and the
Village Code.
(16)
A traffic control plan if the applicant seeks to use large equipment
(e.g., a crane) to install the proposed wireless telecommunications
facility.
(17)
A scaled conceptual landscape plan showing existing trees and vegetation
and all proposed landscaping, concealment, screening and proposed
irrigation with a discussion of how the chosen material at maturity
will screen the site.
(18)
A written description identifying the geographic service area for
the subject installation, including geographic and propagation maps,
that identifies the location of the proposed wireless telecommunications
facility in relation to all existing and planned wireless telecommunications
facilities maintained within the Village by each of the applicant,
operator, and owner, if different entities, as well as the estimated
number of potentially affected uses in the geographic service area.
The applicant shall depict all locations anticipated for new construction
and/or modifications to existing wireless telecommunications facilities,
including co-location, within two years of submittal of the application.
(a)
In the event the applicant seeks to install a wireless telecommunications
facility to address service coverage concerns, full-color signal propagation
maps with objective units of signal strength measurement that show
the applicant's current service coverage levels from all adjacent
sites without the proposed site, predicted service coverage levels
from all adjacent sites with the proposed site, and predicted service
coverage levels from the proposed site without all adjacent sites;
(b)
In the event the applicant seeks to address service capacity
concerns, a written explanation identifying the existing wireless
telecommunications facilities with service capacity issues together
with competent evidence to demonstrate the inability of those facilities
to meet capacity demands.
(19)
A sworn affidavit stating whether the applicant is a "telegraph corporation,"
a "telephone corporation" or a "telegraph and telephone corporation"
as defined in New York State Transportation Corporations Law § 25,
or the basis for its claimed right to install a wireless telecommunications
facility in the public right-of-way. If the applicant has a certificate
of public convenience and necessity ("CPCN"), it shall provide a copy
thereof.
(20)
An application fee and a deposit for a consultant's review as
set forth herein in an amount set by resolution by the Board of Trustees.
(21)
A map depicting all properties located within a five-hundred-foot
radius of the location of each proposed wireless telecommunications
facility and a list of the names and addresses of the owners of said
properties taken from the last assessment roll of the Village.
(22)
Any other information and/or studies determined necessary by the
Board of Trustees.
C.
Independent expert.
(1)
The Board of Trustees is authorized to retain on behalf of the Village
an independent, qualified consultant to review any application for
a special permit for a wireless telecommunications facility. The review
is intended to be a review of technical aspects of the proposed wireless
telecommunications facility and shall address any or all of the following:
(a)
Compliance with applicable radio frequency emission standards;
(b)
Whether any requested exception is necessary to close a significant
gap in coverage and is the least intrusive means of doing so;
(c)
The accuracy and completeness of submissions;
(d)
Technical demonstration of the unavailability of alternative
sites or configurations and/or coverage analysis;
(e)
The applicability of analysis techniques and methodologies;
(f)
The validity of conclusions reached or claims made by applicant;
(g)
The viability of alternative sites and alternative designs;
and
(h)
Any other specific technical issues identified by the consultant
or designated by the Village.
(2)
The cost of this review shall be paid solely and exclusively by the
applicant, and at no cost or expense to the Village, through a deposit
pursuant to an adopted fee schedule resolution. No special permit
or building permit shall be issued to any applicant which has not
fully reimbursed the Village for the cost of consultants.
A.
Presubmittal conference. Prior to application submittal, the Village
strongly encourages all applicants to schedule and attend a presubmittal
conference with the Board of Trustees to receive informal feedback
on the proposed location, design and application materials. The presubmittal
conference is intended to identify potential concerns and streamline
the formal application review process after submittal. The Board of
Trustees will endeavor to provide applicants with an appointment within
approximately 10 business days after receipt of a written request.
B.
Application submittal appointment. All applications must be submitted
to the Village at a prescheduled appointment. Village staff will endeavor
to provide applicants with an appointment within five business days
after receipt of a written request.
C.
Public hearing. The Board of Trustees shall conduct a public hearing
on an application for a special permit in accordance with the requirements
of Village Law § 7-725-b.
D.
Legal notice. Notice of a public hearing for an application for a
special permit under this chapter shall be mailed by the applicant
by certified mail, return receipt requested, to the owners of all
properties located within 500 feet of the location of each proposed
wireless telecommunications facility at least 14 days prior to the
date of the public hearing. A copy of the legal notice shall be published
by the Village Clerk in a newspaper of general circulation in the
Village at least 10 days prior to the date of the public hearing.
The applicant shall provide proof of the required mailing prior to
the public hearing.
E.
Installation of temporary mock-up and posting of photo simulation.
At least 10 days prior to the public hearing, the applicant shall
install a temporary mock-up of the proposed wireless telecommunications
facility and post a photo simulation thereof at each proposed location
of a wireless telecommunications facility. The mock-up shall demonstrate
the height and mass of the proposed wireless telecommunications facility,
including all interconnecting cables. The applicant shall not install
any wireless telecommunications facilities, or parts thereof, it intends
to install permanently or as a part of the proposed wireless telecommunications
facilities. The photo simulation shall depict before and after images
of the wireless telecommunications facility, including any accessory
equipment.
F.
Referral to County Planning Commission. At least 10 days before the
public hearing, the Board of Trustees shall refer a full statement
of the special permit application to the Suffolk County Planning Commission,
as required by § 239-m of the General Municipal Law and
Article XIV of the Suffolk County Administrative Code.
G.
Decision. The Board of Trustees may approve, conditionally approve
or deny an application within 62 days following the close of the public
hearing. The Board of Trustees shall not approve or conditionally
approve an application for a special permit unless it makes the required
findings set forth herein. A copy of the decision shall be filed in
the office of the Village Clerk within five business days after such
decision is rendered, and a copy thereof mailed to the applicant.
H.
Required findings. No special permit shall be granted for a wireless
telecommunications facility unless all of the following findings are
made by the Board of Trustees:
(1)
The proposed wireless telecommunications facility has been designed
and located in compliance with all applicable provisions of this chapter.
(2)
If applicable, the applicant has demonstrated its inability to locate
on existing infrastructure.
(3)
The applicant has provided sufficient evidence supporting the applicant's
claim that it has the right to enter a public right-of-way pursuant
to federal or state law, or the applicant has entered into a franchise
agreement or right-of-way use agreement with the Village permitting
them to use a public right-of-way for the proposed wireless telecommunications
facility(ies).
(4)
The applicant has demonstrated the proposed installation is designed
such that the proposed installation represents the least intrusive
means possible and supported by factual evidence and a meaningful
comparative analysis to show that all alternative locations and designs
identified in the application review process were technically infeasible
or not available.
I.
Notice of "shot clock" expiration. The Village acknowledges there
are federal "shot clocks" which may be applicable to a proposed wireless
telecommunications facility in the public rights-of-way. That is,
federal law provides time periods in which the Village must approve
or deny a proposed wireless telecommunications facility in the public
rights-of-way. As such, the applicant is required to provide the Village
written notice of the expiration of any shot clock, which the applicant
shall ensure is received by the Village (e.g., overnight mail) no
later than 20 days prior to the expiration of any applicable shot
clock. The applicant's failure to provide such timely notice
shall be deemed applicant's assent to an extension of time of
the expiration of the shot clock for a period of 30 days.
J.
Conditions. The Board of Trustees may impose such reasonable conditions
and restrictions as are directly related to and incidental to the
special permit.
K.
Court review. Any person aggrieved by the Board of Trustees decision
on a special permit may apply to the Supreme Court for review by a
proceeding under Article 78 of the Civil Practice Law and Rules. Such
proceedings shall be instituted within 30 days after the filing of
the Board's decision in the office of the Village Clerk.
All wireless telecommunications facilities that are located
within a public right-of-way shall be designed and maintained so as
to minimize visual, noise and other impacts on the surrounding community
and shall be planned, designed, located and erected in accordance
with the following:
A.
General guidelines.
(1)
Wireless telecommunications facilities are strongly disfavored in sensitive areas. Therefore, wireless telecommunications facilities shall be permitted in sensitive areas only when an exception has been granted in accordance with § 90-13 hereof.
(2)
Stealth technology and designs shall be used to minimize adverse
aesthetic and visual impacts resulting from the installation or construction
of a wireless telecommunications facility.
(3)
Screening, undergrounding, camouflage design techniques in the design
and placement of a wireless telecommunications facility in order to
ensure that said wireless telecommunications facility is as visually
screened as possible, to prevent said wireless telecommunications
facility from dominating the surrounding area and to minimize significant
view impacts from surrounding properties all in a manner that achieves
compatibility with the community.
(4)
Screening shall be designed to be architecturally compatible with
surrounding structures using appropriate techniques to camouflage,
disguise and/or blend into the environment, including landscaping,
color and other techniques to minimize the wireless telecommunications
facility's visual impact as well as be compatible with the architectural
character of the surrounding buildings or structures in terms of color,
size, proportion, style and quality.
(5)
Wireless telecommunications facilities shall be located such that
views from a residential structure are not significantly impaired.
Said wireless telecommunications facilities shall also be located
in a manner that protects public views over Village view corridors
and viewshed, including but not limited to views of the water, so
that no significant view impairment results.
B.
Traffic safety. All wireless telecommunications facilities shall
be designed and located in such a manner as to avoid adverse impacts
on traffic safety.
C.
Blending methods. All wireless telecommunications facilities shall
have subdued colors and nonreflective materials that blend with the
materials and colors of the surrounding area and structures.
D.
Equipment. The applicant shall use stealth technology in connection
with all wireless telecommunications facilities. Antenna elements
shall be flush mounted, to the extent feasible. All antennas and accessory
equipment shall be designed to encourage future co-location by the
same or other operators or service providers. Antennas shall be situated
as close to the ground as possible.
E.
Poles.
(1)
Only pole-mounted wireless telecommunications facilities shall be permitted in a public right-of-way. All other telecommunications towers or telecommunications structures are prohibited in public rights-of-way. No new pole is permitted that is not replacing an existing pole, unless an exception is granted in accordance with § 90-13 hereof.
(2)
For all wooden poles, all/any wireless telecommunications facility,
antennas, accessory equipment, conduits and cables attached to the
exterior of poles shall be mounted flush thereto and painted to match
the pole.
(3)
The maximum height of any wireless telecommunications facility, antennas
or accessory equipment installed on a pole shall not exceed 48 inches
above the height of the pole, nor shall any wireless telecommunications
facility, antennas or accessory equipment mounted on a pole be less
than 24 feet above any drivable road surface.
(4)
If an applicant proposes to replace a pole in order to accommodate
a proposed wireless telecommunications facility, antennas or accessory
equipment facility, the pole shall be designed to resemble the appearance
and dimensions of the pole being replaced, including size, height,
color, materials and style to the maximum extent feasible.
(5)
Pole-mounted accessory equipment, exclusive of antennas, shall not
exceed six cubic feet in dimension and shall be mounted as close to
the pole as possible and configured in a manner that is as least obtrusive
as feasible.
(6)
Locating wireless telecommunications facilities on existing utility poles is strongly favored. New poles may not be installed within a public right-of-way, unless an exception is granted in accordance with § 90-13 hereof. If an exception is granted for the placement of any new pole in any public right-of-way:
(a)
Such new pole shall utilize stealth technology and be constructed
in such a manner so as to contain within its interior all antennas,
accessory equipment and electrical and utility cables. The pole shall
be camouflaged or hidden to the fullest extent feasible.
(b)
Such new pole shall be located at least 90 feet from any existing
pole to the extent feasible.
(c)
Such new pole shall be of the minimum diameter necessary to
contain within its interior all antennas, accessory equipment and
electrical and utility cables.
(d)
Such new pole shall be fabricated of nonrusting material and/or
hot-dipped galvanized steel.
(e)
Such new pole shall not adversely impact public view corridors
or viewsheds, including but not limited to view of the water, and
shall be located to the extent feasible in an area where there is
existing natural or other features that obscures the view of the pole.
F.
Space. Each/any wireless telecommunications facility shall be designed
and constructed to occupy the least amount of space in the public
right-of-way that is technically feasible.
G.
Wind loads. Each wireless telecommunications facility shall be properly
engineered to withstand wind loads as required by all applicable laws.
An evaluation of high wind load capacity shall include the impact
of any modification of an existing wireless telecommunications facility.
H.
Obstructions. Each component part of a wireless telecommunications
facility shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic or safety hazards,
or otherwise interfere with the public's use of the public right-of-way.
I.
Public facilities. A wireless telecommunications facility shall not
be located within any portion of a public right-of-way interfering
with access to a fire hydrant, fire station, fire escape, water valve,
underground vault, valve housing structure, or any other public health
or safety facility.
J.
Screening. All pole-mounted wireless telecommunications facilities
and all screening methods associated therewith shall be installed
at least 18 inches from the curb and gutter flow line.
K.
Accessory equipment. All accessory equipment shall be pole-mounted.
Accessory equipment that cannot be pole-mounted shall be installed
underground, except as provided below:
(1)
If the Village determines that accessory equipment cannot be pole-mounted,
or that there is no room in the public right-of-way for undergrounding,
or that undergrounding is not feasible or desirable, an exception
shall be required in order to place accessory equipment aboveground
and concealed with natural or man-made features to the maximum extent
possible.
(2)
When above-ground is the only feasible location for a particular
type of accessory equipment and will be ground-mounted, such accessory
equipment shall be enclosed within a structure, and shall not exceed
a height of five feet and a total footprint of 15 square feet, and
shall be fully screened and/or camouflaged, including the use of landscaping,
architectural treatment or acceptable alternate screening. Required
electrical meter cabinets shall be screened and/or camouflaged.
(3)
In locations where homes are only along one side of a street, aboveground
accessory equipment shall not be installed directly in front of a
residence. Such aboveground accessory equipment shall be installed
along the side of the street with no homes, unless said location along
the side of the street with no homes is located within a sensitive
area, in which case such locations shall be referred to the Village's
consultants for review and recommendations.
L.
Landscaping. Where appropriate, each wireless telecommunications
facility shall be installed so as to maintain and enhance existing
landscaping on the site, including trees, foliage and shrubs. Additional
landscaping shall be planted, irrigated and maintained by applicant
where such landscaping is deemed necessary by the Village to provide
screening or to conceal the wireless telecommunications facility.
M.
Signage. No wireless telecommunications facility shall bear any signs
or advertising devices other than certification, warning or other
signage required by law or permitted by the Village.
N.
Lighting.
(1)
No facility may be illuminated unless specifically required by the
FAA or other government agencies. Beacon lights are not permitted
unless required by the FAA or other government agencies.
(2)
Legally required lightning arresters and beacons shall be included
when calculating the height of wireless telecommunications facilities.
(3)
Any required lighting shall be shielded to eliminate, to the maximum
extent possible, impacts on the surrounding neighborhoods.
(4)
Unless otherwise required under FAA or FCC regulations, applicants
may install only timed or motion-sensitive light controllers and lights,
and must install such lights so as to avoid illumination impacts to
adjacent properties to the maximum extent feasible. The Village may,
in its discretion, exempt an applicant from the foregoing requirement
when the applicant demonstrates a substantial public safety need.
(5)
The applicant shall submit a lighting study which shall be prepared
by a qualified lighting professional to evaluate potential impacts
to adjacent properties. Should no lighting be proposed, no lighting
study shall be required.
O.
Noise. At no time shall equipment noise from any wireless telecommunications
facility located in a public right-of-way exceed an exterior noise
level of 55 dBA three feet from the source of the noise; provided,
however, that for any such facility located within 500 feet of any
property within a sensitive area, such equipment noise shall not exceed
45 dBA three feet from the source of the noise.
P.
Security. Each wireless telecommunications facility shall be designed
to be resistant to, and minimize opportunities for, unauthorized access,
climbing, vandalism, graffiti and other conditions that would result
in hazardous situations, visual blight or attractive nuisances. The
Board of Trustees may require the provision of warning signs, fencing,
anticlimbing devices, or other techniques to prevent unauthorized
access and vandalism when, because of its location and/or accessibility,
a wireless telecommunications facility has the potential to become
an attractive nuisance. Additionally, no lethal devices or elements
shall be installed as a security device.
Q.
Modification. At the time of modification of a wireless telecommunications
facility, existing equipment shall, to the extent feasible, be replaced
with equipment that reduces visual, noise and other impacts, including,
but not limited to, undergrounding the equipment and replacing larger,
more visually intrusive wireless telecommunications facilities with
stealth equipment or smaller, less visually intrusive wireless telecommunications
facilities.
R.
The installation and construction approved by a special permit shall
begin within one year after its approval, unless extended by the Board
of Trustees for good cause shown.
In addition to any conditions of the special permit imposed
by the Board of Trustees in connection with the granting of a special
permit, all wireless telecommunications facilities shall be subject
to the following general conditions:
A.
The permittee shall submit an as-built drawing within 90 days after
installation of the wireless telecommunications facility.
B.
The permittee shall maintain and fully comply with the terms of the
right-of-way use agreement which permits it to install the wireless
telecommunications facilities in the public right-of-way.
C.
The permittee shall submit and maintain current at all times basic
contact and site information on a form to be supplied by the Village.
The permittee shall notify the Village of any changes to the information
submitted within 30 days of any change, including change of the name
or legal status of the owner or operator. This information shall include,
but is not limited to, the following:
(1)
Identity, including the name, address and twenty-four-hour local
or toll-free contact phone number of the permittee, the owner, the
operator, and the agent or person responsible for the maintenance
of the wireless telecommunications facility.
(2)
The legal status of the owner of the wireless telecommunications
facility.
D.
The permittee shall notify the Village in writing at least 90 days
prior to any transfer or assignment of the special permit. The written
notice required in this section must include: 1) the transferee's
legal name; 2) the transferee's full contact information, including
a primary contact person, mailing address, telephone number and email
address; and 3) a statement signed by the transferee that the transferee
shall accept all permit terms and conditions. The Board of Trustees
may require the transferor and/or the transferee to submit any materials
or documentation necessary to determine that the proposed transfer
complies with the existing special permit and all its conditions of
approval, if any. Such materials or documentation may include, but
shall not be limited to: federal, state and/or local approvals, licenses,
certificates or franchise agreements; statements; photographs; site
plans and/or as-built drawings; and/or an analysis by a qualified
RF engineer demonstrating compliance with all applicable regulations
and standards of the FCC. Noncompliance with the special permit and
all its conditions of approval, if any, or failure to submit the materials
required by the Board of Trustees shall be a cause for the Village
to revoke the special permit.
E.
At all times, all required notices and/or signs shall be posted as
required by the FCC or any applicable licenses, regulations or laws,
and as approved or required by the Village. The location and dimensions
of a sign bearing the emergency contact name and telephone number
shall be posted pursuant to the approved plans.
F.
Permittee shall pay for and provide a performance bond or other form
of security in the amount and form approved by the Village Attorney,
which shall be in effect until the facilities are fully and completely
removed and the site reasonably returned to its original condition,
to cover permittee's obligations under these conditions of approval
and the Village Code. The security instrument coverage shall include,
but not be limited to, removal of the facility. (The amount of the
security instrument shall be calculated by the applicant in its submittal
documents in an amount rationally related to the obligations covered
by the bond and shall be specified in the conditions of approval.)
Before issuance of any building permit, permittee must submit said
security instrument.
G.
If a nearby property owner registers a noise complaint, the Village
shall forward the same to the permittee. Said complaint shall be reviewed
and evaluated by the permittee. The permittee shall have 10 business
days to file a written response regarding the complaint which shall
include any applicable remedial measures. If the Village determines
the complaint is valid and the applicant has not taken any steps to
minimize the noise, the Village may hire a consultant to study, examine
and evaluate the noise complaint and the permittee shall pay the fee
for the consultant if the site is found in violation of the noise
requirements of this chapter or the Village Code.[1] If the Board of Trustees determines soundproofing or other
sound attenuation measures should be required to bring the project
into compliance with the applicable noise requirements, the Board
of Trustees may impose conditions on the wireless telecommunications
facility to achieve said objective.
H.
A condition setting forth the special permit expiration date in accordance
with this chapter shall be included in the conditions of approval.
I.
The wireless telecommunications facility shall be subject to such
conditions, changes or limitations as are from time to time deemed
necessary by the Board of Trustees for the purpose of: a) protecting
the public health, safety, and welfare; b) preventing interference
with pedestrian and vehicular traffic; and/or c) preventing damage
to the public right-of-way or any adjacent property. The Board of
Trustees may modify the special permit to reflect such conditions,
changes or limitations by following the same notice and public hearing
procedures as are applicable to the underlying special permit for
similarly located wireless telecommunications facilities, except the
permittee shall be given notice by personal service or by registered
or certified mail at the last address provided to the Village by the
permittee.
J.
The permittee shall not transfer a special permit to any person or
entity prior to the completion of the construction of all wireless
telecommunications facilities covered by the special permit, unless
and until the transferee has submitted the security instrument required
for a special permit.
K.
The permittee shall not move, alter, temporarily relocate, change,
or interfere with any existing structure, improvement or property
without the prior consent of the owner of that structure, improvement
or property. No structure, improvement or property owned by the Village
shall be moved or relocated to accommodate a wireless telecommunications
facility unless the Village determines that such movement will not
adversely affect the Village or any surrounding businesses or residents;
such move and/or relocation shall be at permittee's sole cost
and expense, and at no cost or expense to the Village. Prior to commencement
of any work pursuant to a special permit issued for any wireless telecommunications
facility within a public right-of-way, the permittee shall provide
the Village with documentation establishing to the Village's
satisfaction that the permittee has the legal right to use or interfere
with any other structure, improvement or property within such public
right-of-way to be affected by applicant's facilities.
L.
The permittee shall assume full liability for damage or injury caused
to any property or person by the wireless telecommunications facility.
M.
The permittee shall repair, at its sole cost and expense, any damage
including, but not limited to, subsidence, cracking, erosion, collapse,
weakening, or loss of lateral support to Village streets, sidewalks,
walks, curbs, gutters, trees, parkways, streetlights, traffic signals,
improvements of any kind or nature, or utility lines and systems,
underground utility lines and systems, or sewer systems and sewer
lines that result from any activities performed in connection with
the installation, operation and/or maintenance of a wireless telecommunications
facility in any public right-of-way. The permittee shall restore such
areas, structures and systems to the condition in which they existed
prior to the installation, operation and/or maintenance that necessitated
the repairs. Permittee shall complete such repair(s) within the number
of days stated on a written notice issued by the Village and such
time period for repair(s) shall be based on the facts and circumstances,
danger to the community and severity of the disrepair. If the permittee
does not make said correction within the time period allotted by the
Village, then the Village shall cause such repair to be completed
at permittee's sole cost and expense.
N.
No wireless telecommunications facility shall be permitted to be
installed in the drip line of any tree in any right-of-way.
O.
Insurance. The permittee shall obtain, pay for and maintain, in full
force and effect until the wireless telecommunications facility(ies)
approved by the special permit is removed in its entirety from any
public right-of-way, an insurance policy or policies of public liability
insurance, with minimum limits of $2,000,000 for each occurrence and
$4,000,000 in the aggregate, that fully protects the Village from
claims and suits for bodily injury and property damage. The insurance
must name the Village and its elected and appointed officials, board
members, agents, consultants, employees and volunteers as additional
named insureds, be issued by an insurer admitted in the State of New
York with a rating of at least a A-VII in the latest edition of A.M.
Best's Insurance Guide, and include an endorsement providing
that the policies cannot be canceled or reduced except with 30 days'
prior written notice to the Village, except for cancellation due to
nonpayment of premium. The insurance provided by permittee shall be
primary to any coverage available to the Village, and any insurance
or self-insurance maintained by the Village and its elected and appointed
officials, board members, agents, consultants, employees and volunteers
shall be excess of permittee's insurance and shall not contribute
with it. The required policies of insurance shall include provisions
for waiver of subrogation. In accepting the benefits of this permit,
permittee hereby waives all rights of subrogation against the Village
and its elected and appointed officials, board members, agents, consultants,
employees and volunteers. The insurance must afford coverage for the
permittee's and the wireless provider's use, operation and
activity, vehicles, equipment, facility, representatives, agents and
employees, as determined by the Village. Before issuance of any building
permit for the wireless telecommunications facility, the permittee
shall furnish the Village with certificates of insurance and endorsements,
in the form satisfactory to the Village Attorney, evidencing the coverage
required by the Village.
P.
To the fullest extent permitted by law, the permittee, the owner(s)
and operator(s), jointly and severally, at its/their sole cost and
expense, shall defend, indemnify, protect and hold the Village and
its elected and appointed officials, board members, agents, consultants,
employees and volunteers harmless from and against all claims, suits,
demands, actions, losses, liabilities, judgments, settlements, costs
(including, but not limited to, attorney's fees, interest and
expert witness fees) or damages arising out of, resulting from or
in any way related to the wireless telecommunications facility, or
arising out of, resulting from or in any way related to any work done
by or use of any public right-of-way by the permittee, owner or operator
of the wireless telecommunications facility, or their agents, excepting
only liability arising out of the sole negligence or willful misconduct
of the Village and its elected and appointed officials, board members,
agents, consultants, employees and volunteers.
Q.
Should the utility company servicing the wireless telecommunications
facility with electrical service no longer require the use of an aboveground
meter, then the permittee shall remove or cause to be removed the
meter cabinet and any related foundation within 90 days after said
meter is deemed no longer necessary and reasonably restore the area
to its prior condition. A timely request for an extension may be sought
from and granted by the Board of Trustees if circumstances arise outside
of the control of the permittee.
R.
Relocation. The permittee shall modify, remove, or relocate its wireless
telecommunications facility, or portion thereof if and when made necessary
by: i) any public improvement project, including, but not limited
to, the construction, maintenance, or operation of any underground
or aboveground facilities including but not limited to sewers, storm
drains, conduits, gas, water, electric or other utility systems, or
pipes owned by Village or any other public agency; ii) any abandonment
of any street, sidewalk or other public facility; iii) any change
of grade, alignment or width of any street, sidewalk or other public
facility; or iv) a determination by the Board of Trustees that the
wireless telecommunications facility has become incompatible with
public health, safety or welfare or the public's use of any public
right-of-way. Such modification, removal, or relocation of the facility
shall be completed within 90 days of notification by Village unless
exigencies dictate a shorter period for removal or relocation. Modification
or relocation of the wireless telecommunications facility shall require
submittal, review and approval of a modified permit pursuant to this
chapter and the Village Code including applicable notice and hearing
procedures. The permittee shall be entitled, on permittee's election,
to either a pro-rata refund of fees paid for the original permit or
to a new permit, without additional fee, at a location as close to
the original location as the standards set forth in this chapter and
the Village Code allow. In the event the wireless telecommunications
facility is not modified, removed, or relocated within said period
of time, the Village may cause the same to be done at the sole cost
and expense of permittee. Further, due to exigent circumstances including
those of immediate or imminent threat to the public's health
and safety, the Village may modify, remove, or relocate wireless telecommunications
facilities without prior notice to permittee provided permittee is
notified within a reasonable period thereafter; in such circumstances,
the Village shall not be liable for costs or damages, including but
not limited to consequential and incidental damages.
S.
Permittee shall agree in writing that the permittee is aware of,
and agrees to abide by, all conditions of approval imposed by the
wireless telecommunications facilities special permit within 30 days
of special permit issuance. The special permit shall be void and of
no force or effect unless such written consent is received by the
Village within said thirty-day period.
All wireless telecommunications facilities must comply at all
times with the following operation and maintenance standards.
A.
Unless otherwise provided herein, all necessary repairs and restoration
shall be completed by the permittee, owner, operator or any designated
maintenance agent within 48 hours:
B.
Each permittee of a wireless telecommunications facility shall provide
the Board of Trustees with the name, address and twenty-four-hour
local or toll-free contact phone number of the permittee, the owner,
the operator, any designated maintenance agent and any maintenance
agent responsible for the maintenance of the facility ("contact information").
Contact information shall be updated within seven days of any change.
C.
All wireless telecommunications facilities, including, but not limited
to, poles, accessory equipment, lighting, fences, walls, shields,
cabinets, artificial foliage or camouflage, and the wireless telecommunications
facility site shall be maintained in good condition, including ensuring
the facilities are reasonably free of:
(1)
General dirt and grease;
(2)
Chipped, faded, peeling, and cracked paint;
(3)
Rust and corrosion;
(4)
Cracks, dents, and discoloration;
(5)
Missing, discolored or damaged artificial foliage or other camouflage;
(6)
Graffiti, bills, stickers, advertisements, litter and debris;
(7)
Broken and misshapen structural parts; and
(8)
Any damage from any cause.
D.
All trees, foliage or other landscaping elements approved as part
of the wireless telecommunications facility shall be maintained in
good condition at all times, and the permittee, owner and operator
of the wireless telecommunications facility shall be responsible,
at its/their sole cost and expense, at no cost or expense to the Village,
for replacing any damaged, dead or decayed landscaping. No amendment
to any approved landscaping plan may be made until it is submitted
to and approved by the Board of Trustees.
E.
The permittee shall replace its wireless telecommunications facilities,
after obtaining all required permits, if maintenance or repair is
not sufficient to return the wireless telecommunications facility
to the condition it was in at the time of installation.
F.
Each wireless telecommunications facility shall be operated and maintained
to comply at all conditions of approval. Each owner or operator of
a wireless telecommunications facility shall routinely inspect each
site to ensure compliance with the same and the standards set forth
in this chapter.
G.
The permittee shall not install, use or maintain any wireless telecommunications
facility which in whole or in part rests upon, in or over any public
right-of-way, when such installation, use or maintenance endangers
or is reasonably likely to endanger the safety of persons or property,
or when such site or location is used for public utility purposes,
public transportation purposes or other governmental use, or when
such wireless telecommunications facility unreasonably interferes
with or unreasonably impedes the flow of pedestrian or vehicular traffic
including any legally parked or stopped vehicle, the ingress into
or egress from any residence or place of business, the use of poles,
posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk
dining, permitted street furniture or other objects permitted at or
near said location.
A.
A special permit shall be valid for a period of 10 years, unless
sooner revoked.
B.
A permittee may apply for a new special permit within 180 days prior
to expiration. Said application and proposal shall comply with the
Village's then-current requirements for wireless telecommunications
facilities in the public rights-of-way.
A.
A wireless telecommunications facility is considered abandoned and
shall be promptly removed as provided herein if it ceases to provide
wireless telecommunications services for 90 or more consecutive days
unless the permittee has obtained prior written approval from the
Board of Trustees which shall not be unreasonably denied. If there
are two or more users of a single facility, then this provision shall
not become effective until all users cease using the wireless telecommunications
facility.
B.
The operator of a wireless telecommunications facility shall notify
the Village in writing of its intent to abandon or cease use of a
permitted site or a nonconforming site (including unpermitted sites)
within 10 days of ceasing or abandoning use. Notwithstanding any other
provision herein, the operator of the wireless telecommunications
facility shall provide timely written notice to the Board of Trustees
of any discontinuation of operations of 30 days or more.
C.
Failure to inform the Board of Trustees of cessation or discontinuation
of operations of any existing wireless telecommunications facility
as required by this section shall constitute a violation of any approvals
and be grounds for:
(1)
Revocation or modification of the special permit;
(2)
Acting on any bond or other security required by this chapter or
the conditions of approval of the special permit;
(3)
Removal of the facilities by the Village in accordance with the procedures
established under the Village Code for abatement of a public nuisance
at the owner's expense; and/or
(4)
Any other remedies permitted under the Village Code or by law.
A.
Upon the expiration date of a special permit, including any extensions,
earlier termination or revocation of said permit or abandonment of
the wireless telecommunications facility, the permittee, owner or
operator shall remove its wireless telecommunications facility(ies)
and restore the site to its natural condition except for retaining
the landscaping improvements and any other improvements at the discretion
of the Village. Removal shall be in accordance with proper health
and safety requirements and all ordinances, rules, and regulations
of the Village and any other applicable law, rules or regulations.
The wireless telecommunications facility shall be removed from the
property, at permittee's sole cost and expense, and at no cost
or expense to the Village.
B.
Failure of the permittee, owner or operator to promptly remove its
wireless telecommunications facility and restore the property within
90 days after expiration, earlier termination or revocation of the
permit, or abandonment of the wireless telecommunications facility,
shall be a violation of this chapter and the Village Code. Upon a
timely showing of good cause, an extension of time may be granted
by the Board of Trustees where circumstances are beyond the control
of the permittee. Further failure to abide by the timeline provided
in this section shall be grounds for:
(1)
Prosecution;
(2)
Acting on any security instrument required by this chapter or conditions
of approval of permit;
(3)
Removal of the wireless telecommunications facilities by the Village
in accordance with the procedures established under the Village Code
for abatement of a public nuisance at the owner's expense; and/or
(4)
Any other remedies permitted under this chapter, the Village Code
or by any other law.
C.
Summary removal. In the event the Board of Trustees determines that
the condition or placement of a wireless telecommunications facility
located in a public right-of-way constitutes a dangerous condition,
obstruction of the public right-of-way, or an imminent threat to public
safety, or determines other exigent circumstances require immediate
corrective action (collectively, "exigent circumstances"), the Board
of Trustees may cause the wireless telecommunications facility to
be removed summarily and immediately without advance notice or a hearing.
Written notice of the removal shall include the basis for the removal
and shall be served upon the permittee and person who owns the facility
within five business days of removal and all property removed shall
be preserved for the owner's pickup as feasible. If the owner
cannot be identified following reasonable effort or if the owner fails
to pickup the property within 60 days, the wireless telecommunications
facility shall be treated as abandoned property.
D.
Removal of facilities by Village. In the event the Village removes
a wireless telecommunications facility in accordance with nuisance
abatement procedures or summary removal, any such removal shall be
without any liability to the Village for any damage to such wireless
telecommunications facility that may result from reasonable efforts
of removal. In addition to the procedures for recovering costs of
nuisance abatement, the Village may collect such costs from the performance
bond posted and to the extent such costs exceed the amount of the
performance bond, collect those excess costs in accordance with the
Village Code or as permitted by law. Unless otherwise provided herein,
the Village has no obligation to store such wireless telecommunications
facility, accessory equipment or other related equipment or components.
Neither the permittee, owner nor operator shall have any claim if
the Village destroys any such facility not timely removed by the permittee,
owner or operator after notice, or removed by the Village due to exigent
circumstances.
The Board of Trustees recognizes that federal law prohibits
a permit denial when it would effectively prohibit the provision of
personal wireless services and the applicant proposes the least intrusive
means to provide such services. The Board of Trustees finds that,
due to wide variation among wireless telecommunications facilities,
technical service objectives and changed circumstances over time,
a limited exemption for proposals in which strict compliance with
this chapter would effectively prohibit personal wireless services
serves the public interest. The Board of Trustees further finds that
circumstances in which an effective prohibition may occur are extremely
difficult to discern, and that specified findings to guide the analysis
promotes clarity and the Village's legitimate interest in well-planned
wireless telecommunications facilities deployment. Therefore, in the
event that any applicant asserts that strict compliance with any provision
in this chapter, as applied to a specific proposed wireless telecommunications
facility, would effectively prohibit the provision of personal wireless
services, the Board of Trustees may grant a limited exemption from
strict compliance subject to the provisions in this section.
A.
Required findings. The Board of Trustees shall not grant any exception
unless the applicant demonstrates with clear and convincing evidence
all the following:
(1)
The proposed wireless telecommunications facility qualifies as a
"personal wireless services facility" as defined in United States
Code, Title 47, § 332(c)(7)(C)(ii);
(2)
The applicant has provided the Village with a clearly defined technical
service objective and a clearly defined potential site search area;
(3)
The applicant has provided the Village with a meaningful comparative
analysis that includes the factual reasons why any alternative location(s)
or design(s) suggested by the Village or otherwise identified in the
administrative record, including but not limited to potential alternatives
identified at any public meeting or hearing, are not technically feasible
or potentially available; and
(4)
The applicant has provided the Village with a meaningful comparative
analysis that includes the factual reasons why the proposed location
and design deviates are the least noncompliant location and design
necessary to reasonably achieve the applicant's reasonable technical
service objectives.
(5)
The applicant has provided a justification analysis for a new pole
and evidence demonstrating why existing infrastructure cannot be utilized
and further demonstrating the new pole is the least intrusive means
possible, including, without limitation, a demonstration that the
new pole is designed to be the minimum functional height and width
required to support the proposed wireless telecommunications facility.
B.
The Board of Trustees shall limit its exemption to the extent to
which the applicant demonstrates such exemption is necessary to reasonably
achieve its reasonable technical service objectives. The Board of
Trustees may adopt conditions of approval as reasonably necessary
to promote the purposes in this chapter and protect the public health,
safety and welfare.
C.
Independent consultant. The Village shall have the right to hire,
at the applicant's sole cost and expense, and at no cost or expense
to the Village, an independent consultant to evaluate issues raised
by the exception and to submit recommendations and evidence in response
to the application.
Compliance with the provisions of this chapter shall not relieve
a person from complying with any other applicable provision of the
Village Code. In the event of a conflict between this chapter and
other provision of the Village Code, this chapter shall control.
A.
Nonconforming wireless telecommunications facilities are those facilities
that do not conform to this chapter.
B.
Nonconforming wireless telecommunications facilities shall, within
10 years from the date such facility becomes nonconforming, be brought
into conformity with all requirements of this chapter; provided, however,
that should the owner desire to expand or modify the facility, intensify
the use, or make some other change in the use, the owner shall comply
with all applicable provisions of the then-current version of this
chapter and the Village Code at such time, to the extent the Village
can require such compliance under federal and state law.
If any clause, sentence, paragraph, section, or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder hereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part hereof directly involved in the
controversy in which judgment should have been rendered.
This chapter shall take effect immediately upon filing with
the New York Secretary of State.
