[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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
A.
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.
B.
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.
C.
Facilities shall be located such that views from a residential structure
are not significantly impaired.
D.
All facilities shall be designed and located in such a manner as
to avoid adverse impacts on traffic safety.
E.
All facilities shall have subdued colors and nonreflective materials
that blend with the materials and colors of the surrounding area and
structures.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
Pole-mounted equipment, exclusive of antennas, shall not exceed six
cubic feet in dimension.
(1)
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:
(a)
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.
(b)
Such new poles that are not replacement poles shall be located
at least 90 feet from any existing pole to the extent feasible.
(c)
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.
(d)
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.
L.
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.
M.
Space. Each facility shall be designed to occupy the least amount
of space in the right-of-way that is technically feasible.
N.
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.
O.
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.
P.
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.
Q.
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.
R.
Accessory equipment. Not including the electric meter, all accessory
equipment shall be located underground, except as provided below:
(1)
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.
(2)
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.
S.
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.
T.
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.
U.
Lighting.
(1)
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.
(2)
Legally required lightning arresters and beacons shall be included
when calculating the height of facilities such as towers, lattice
towers and monopoles.
(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.
W.
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.
X.
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.
Y.
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.
