[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
In recognition of advancing technology and the increasing
demand for the installation of wireless communication tower(s) and/or
facilities within the village, the Village Board of Trustees of the
Village of Lake Grove hereby determines that it is in the public interest
to specifically regulate the siting and installation of such facilities
within the village in order to protect the public health, safety and
welfare. Therefore the Board hereby determines to establish general
guidelines for the siting of wireless communications towers and antennas
in order to:
(1)
Protect residential areas and land uses from potential
adverse impacts of towers and antennas.
(2)
Encourage the location of towers in nonresidential
areas.
(3)
Minimize the total number of towers throughout the
village.
(4)
Encourage the joint use of new and existing tower
sites as a primary option rather than construction of additional single-use
towers.
(5)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the surrounding
community is minimal.
(6)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impacts of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(7)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(8)
Consider the impacts upon the public health and safety
of communication towers.
(9)
Avoid potential damage to adjacent and/or nearby properties
from tower failure through appropriate engineering and careful siting
of tower structures and/or facilities.
B.
In furtherance of the aforementioned objectives, the
permitting Board shall give due consideration to the village's Comprehensive
Plan, existing land uses and development, and environmentally sensitive
areas, and other appropriate factors in approving sites for the location
of towers and antennas and/or facilities.
As used in this chapter, the following terms
shall have the meanings set forth below:
A building or structure that serves the principal use, which
is subordinate in area, extent and purpose to the principal use, and
is located on the same lot as the principal use. Examples of such
facilities include transmission equipment and storage sheds.
Manmade trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The Building Inspector of the Village of Lake Grove.
The Federal Aviation Administration.
The Federal Communication Commission.
When referring to a tower or other structure, the distance
measured from the finished mean grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this article, including permitted towers or antennas that have not
yet been completed or constructed so long as such approved permit(s)
is current and unexpired, or any tower which is existing and has a
certificate of compliance.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
similar structures. The term includes the structure and any support
thereto.
A.
No transmission tower shall hereafter be used, erected,
moved or reconstructed, changed, altered or modified to serve as a
transmission tower except after administrative approval by the Building
Inspector or upon the issuance of a special use permit(s) by the Zoning
Board of Appeals in conformity with the requirements of this article.
B.
Towers shall only be permitted within the following
zoning classification districts: J Business 2, J Business 3 and J
Business 4 Districts.
C.
New towers and antennas. All new towers and antennas
in the village shall be subject to these regulations, except as otherwise
provided hereinbelow.
D.
Exceptions. The requirements set forth in this article
shall not be applicable to:
A.
Principal and accessory use. Antennas and towers may
be considered either principal or accessory uses. A different existing
use and/or an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
B.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with zoning district regulations,
the entire lot shall control, even though the antennas or towers may
be located on leased parcels within such lots.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Building Inspector an inventory
of its existing towers, antennas or sites approved for towers or antennas,
that are either within the jurisdiction of the village or within one
mile of the border thereof, including specific information about the
location, height and design of each tower. The Building Inspector
may share such information with other applicants applying for administrative
approvals or special use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the village.
The Building Inspector, by sharing such information, shall not be
deemed to be in any way representing or warranting that such sites
are available or suitable.
D.
Aesthetic requirements. All towers and antennas shall
comply with the following requirements:
(1)
Towers shall be a neutral color so as to reduce visual
obtrusiveness.
(2)
At a tower site, the design of the buildings and related
structures shall, to the extent practicable, use materials, colors,
textures, screening and landscaping that will blend them into the
natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as practicable.
(4)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If required,
the lighting shall be designed to minimize to the maximum extend practicable,
the resultant disturbance to the surrounding views and properties.
E.
Signs. No signs shall be permitted on an antenna or
tower.
F.
Multiple antenna/tower plan. Users of towers and/or
antennas submitting a single application for the approval of multiple
towers and/or antenna sites shall be given priority status in the
review process.
A.
Permitted uses. The following uses are deemed to be
permitted uses and shall not be subject to administrative approval
or a special use permit:
(1)
Antennas or towers located on property owned, leased
or otherwise controlled by the Village of Lake Grove, provided that
said property is subject to a license or lease authorizing such antenna
or tower approved by the Village Board and provided that such towers
or antennas comply with the written regulations promulgated by the
Building Inspector.
(2)
All antennas, which are accessory to permitted residential
uses.
(3)
Lawful or approved towers and antennas, which existed
prior to the effective date of this article, except that any and all
additions or expansions to existing towers and/or antennas shall be
subject to the requirements of this section/article.
B.
Uses subject to administrative approval.
(1)
The Building Inspector or his/her designee may approve,
approve with modifications and/or conditions or deny the following
uses:
(a)
Additions or expansions to existing towers or
antennas, including new antennas on existing towers.
(b)
Antennas on existing structures as an accessory
use to any commercial, industrial, professional or institutional use,
provided that the antenna does not extend more than 30 feet above
the highest point of the structure.
(c)
Collocation of antennas by more than one carrier
on existing towers shall be accorded priority status over the construction
of new towers, so long as the same is in compliance with the following:
[1]
A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna shall be of the
same tower type as the existing tower, unless the Building Inspector
in his discretion shall permit reconstruction as a monopole.
[2]
Height. An existing tower may be modified or
rebuilt with no additional separation to a greater height, not exceeding
30 feet over the tower's existing height, in order to accommodate
the collocation of a single additional antenna.
(3)
Building Inspector's determination.
(a)
The Building Inspector shall make a final determination
to grant, grant with modifications and/or conditions and/or covenants
or deny the applications submitted pursuant to this section.
(c)
Upon a final determination by the Building Inspector
to deny, modify and/or impose conditions and/or covenants upon an
application, the applicant may appeal to the Board of Zoning Appeals
within 30 days of the final determination.
A.
Unless otherwise permitted by this article, the construction
of new communication towers and/or the installation of antennas shall
be permitted upon the issuance of a special permit by the Board of
Zoning Appeals, subject to the following:
(1)
Applications for special use permits under this section shall be subject to procedural and other provisions applicable to the Board of Zoning Appeals as set forth in Article IX of this chapter, except as otherwise modified in this section.
(2)
A certification, by an engineer licensed by the State
of New York, that the towers/antennas meet or exceed current standard
regulations of the FAA, the FCC and any other state or federal agency
having authority to regulate towers or antennas. Any information of
an engineering nature that the applicant submits, whether civil, mechanical
or electrical, shall be certified by a New York State licensed professional
engineer.
B.
Special permit requirements for towers/antennas.
(1)
Information required. Applications for a special use
permit for a tower shall include the following:
(b)
Setback distance(s) between the proposed tower
and the nearest existing residential dwelling(s) and residentially
zoned properties.
(c)
Separation distance(s) from other towers described
in the inventory of existing sites submitted with the application
shall be shown on an updated site plan or map, identification of the
type of construction of the existing tower(s) and the owner/operator
of any existing tower(s), if known.
(d)
A written description of the application's compliance
with all applicable requirements of this article and with all applicable
federal, state and local laws.
(e)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(f)
A description of the suitability of existing
towers and/or other structures and/or alternative technology, and
the services contemplated for the use of the proposed tower.
(2)
The Zoning Board shall consider the following factors in determining whether to issue a special use permit, in addition to the standards for consideration of special use permit applications set forth in Article IX of this chapter:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures
and residential district boundaries.
(c)
Nature of existing and/or proposed uses on adjacent
and nearby properties.
(d)
Site and/or surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other
structures, or alternative technologies not requiring the use of new
towers and/or structures.
(i)
The Board may waive or reduce the burden on
the applicant of one or more of these criteria if it concludes that
the goals of this article are better served thereby.
(3)
No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the Zoning Board of
Appeals that no existing tower, structure or alternative technology
not requiring the construction/alteration of new towers or structures
can accommodate the applicant's proposed antenna. An applicant shall
submit any information requested by the Zoning Board of Appeals related
to the availability of suitable existing towers, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any or all of the
following:
(a)
That no suitable (as to height and structural
strength) towers or structures are located within the geographic area
which meet the applicant's engineering requirements, or that the applicant's
proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause interference with the applicant's
proposed antenna and/or that there are other limiting factors that
render existing towers and structures unsuitable.
(b)
That the fees, costs or contractual provisions
required by the owner in order to share an existing tower or structure
or to adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(c)
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall
apply to all towers for which a special use permit is required:
(a)
Towers shall be set back a distance equal to
at least 150% of the height of the tower from any adjoining lot line.
(b)
Accessory buildings shall satisfy the minimum
zoning district setback requirements in the zoning district where
the tower or antenna is proposed.
(c)
Provided, however, that the Board of Zoning
Appeals may reduce the standard setback to no less than 120% of the
height of the tower from any adjoining lot line and may reduce the
set backs for accessory buildings if the goals of this chapter would
be better served thereby.
(5)
Separation. The following separation requirements
shall apply to all towers for which a special use permit is required;
provided, however, the Board of Zoning Appeals may reduce the standard
separation requirements if the goals of this chapter would be better
served thereby:
(a)
Separation between towers. Separation distances
between towers shall be applicable to and measured between the proposed
tower and preexisting towers; separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan for the proposed
tower. The separation distances between towers shall be 5,000 linear
feet.
(6)
Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height and shall be equipped with
an appropriate anticlimbing device; provided, however, that the Zoning
Board of Appeals may waive such requirements as it deems appropriate.
(7)
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a special use permit
is required; provided, however, that the Zoning Board of Appeals may
waive such requirements if the goals of this chapter would be better
served thereby.
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from residential property. Deciduous or tree plantings
may be required. The standard buffer shall consist of at least one
row of native mixed evergreen shrubs or trees capable of forming a
contiguous hedge at least eight feet in height, which shall be provided
to effectively screen the tower base and accessory facilities. In
the case of poor soil conditions, planting may be required on soil
berms to assure plant survival. Plant height in these cases shall
include the height of any berm.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived by the Zoning Board of Appeals.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
An applicant must submit a site plan application to the Planning Board pursuant to the requirements of Article X of this chapter. Such site plan application shall be submitted prior to any application for a special permit to the Board of Zoning Appeals.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be deemed abandoned. The owner
of such antenna or tower shall remove the same within 90 days of receipt
of notice from the village notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said 90 days
shall be grounds to remove the tower or antenna at the owner's expense.
In the event that two or more entities are using a single tower, this
provision shall not apply unless all uses cease with respect to such
tower.
Preexisting towers shall be permitted as they
presently exist. Routine maintenance (including replacement with a
new tower of like construction and height) shall be permitted on such
preexisting towers. New construction other than routine maintenance
of a preexisting tower shall comply with the requirements of this
article.
