[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 4-15-2019 by L.L. No. 5-2019. Amendments noted where applicable.]
The Federal Telecommunications Commission (FCC) published its declaratory ruling regarding FCC Wireless Infrastructure Docket 17-19 and 17-84, titled "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment" concerning small wireless facilities utilizing the public rights of way on October 15, 2018. It is in the interest of the health, safety and welfare of the residents of the Village of Old Westbury that the Board of Trustees adopts regulations to address any impacts as a result of the declaratory ruling.
As used in this chapter, the following terms shall have the meanings indicated:
- Mounting or installing antennas for a wireless telecommunications facility on a preexisting structure; and/or modifying an existing structure for the purpose of mounting or installing an antenna for a small wireless facility on that structure.
- A structure that is used for the provision of personal wireless service.
- The space in, upon, above, across, and over the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes and other public places under the jurisdiction of the Village and which are subject to public utility easements and public service easements.
- SMALL WIRELESS FACILITIES
- A facility providing personal wireless services that has the following parameters: Antennas no greater than three cubic feet; associated equipment no more than 28 cubic feet; a structure of no greater than 50 feet.
The applicant shall provide the name, address and contact information of the operator of the facility and/or any provider which will be engaging in wireless telecommunication services.
Plans submitted by a professional engineer or registered architect licensed by the Department of Education of the State of New York which depicts the height, diameter and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. A layout plan, section and elevation of the tower structure shall be included.
A justification study which includes the rationale for selecting the proposed use; if applicable, a detailed explanation of the coverage gap that the proposed use would serve; and how the proposed use 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 facility and why said alternatives are not a viable option.
The applicant shall submit an RF exposure compliance report that certifies that the proposed 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.
The Village of Old Westbury shall be entitled to charge presumptively reasonable fees in compliance with the FCC declaratory ruling, to include fees for application processing, right-of-way access fees, and consultant fees.
Applicants seeking to install small wireless facilities in the public right-of-way shall adhere to the following requirements:
The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the 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.
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 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.
Facilities shall be located such that views from a residential structure are not significantly impaired.
All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.
The applicant shall use the least visible equipment possible. Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to the ground as possible.
Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole.
Utility poles. The maximum height of any antenna shall not exceed 48 inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface.
Light poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than 16 1/2 feet above any drivable road surface.
Replacement poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.
Pole-mounted equipment, exclusive of antennas, shall not exceed six cubic feet in dimension.
An exception shall be required to place a new pole in the public right-of-way. If an exception is granted for placement of new poles in the right-of-way:
Such new poles shall be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced.
Such new poles that are not replacement poles shall be located at least 90 feet from any existing pole to the extent feasible.
Such new poles shall not adversely impact public view corridors, as defined in the general plan, and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the pole. The applicant shall further employ concealment techniques to blend the pole with said features.
A new pole justification analysis shall be submitted to demonstrate why existing infrastructure cannot be utilized and demonstrating the new pole is the least intrusive means possible, including a demonstration that the new pole is designed to be the minimum functional height and width required to support the proposed facility.
All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible. For all wooden poles wherein interior installation is infeasible, conduit and cables attached to the exterior of poles shall be mounted flush thereto and painted to match the pole.
Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.
Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.
Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, interrupt the public's use of the right-of-way, or safety hazards to pedestrians and motorists and in compliance with Section 17.48.070 so as not to obstruct the intersection visibility triangle.
Public Facilities. A facility shall not be located within any portion of the 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.
Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb or gutter flow line.
Accessory equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:
If there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, 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.
When aboveground 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.
Landscaping. Where appropriate, each 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 city to provide screening or to conceal the facility.
Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.
No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency.
Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles.
Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
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.
The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.
Security. Each 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 Village may require the provision of warning signs, fencing, anticlimbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.
Modification. Consistent with current state and federal laws and if permissible under the same, 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 facilities with smaller, less visually intrusive facilities.
The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the Village.
In the event that any section, paragraph, sentence, clause or phrase of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, the invalid or unconstitutional portions of the chapter shall be deemed severable from the chapter and shall in no way affect the validity of the rest of the chapter.