Mamaroneck City Zoning Code
ARTICLE III
Regulations Applicable in All Districts
§ 240-9 Applicability.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than is imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements or covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply.
§ 240-10 Conformance required.
No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this chapter for the district in which such building or land is located. Any use not specifically permitted by this chapter is prohibited.
§ 240-11 Number of main buildings on a lot.
Every building hereafter erected shall be located on a lot, as herein defined. There shall be not more than one main building and its accessory buildings on one lot except for nonresidential buildings and multifamily dwellings in districts where such uses are permitted.
§ 240-12 Yards and open spaces.
No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
§ 240-13 Subdividing lots.
Should a lot be hereafter formed from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
§ 240-14 Irregularly shaped lots.
Where a question exists as to the proper application of any of the regulations of this chapter to a particular lot or parcel because of peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how such regulations shall be applied.
§ 240-15 Required street frontage.
No permit shall be issued for any structure unless the lot upon which the structure is to be built has a frontage of at least the minimum width prescribed for the zone in which located on a street or highway, as defined in § 280-a of the Town Law, which street or highway shall have been suitably improved or a bond posted therefor, as provided in said law, except where the Planning Board has approved a lesser width as part of a subdivision plan, as authorized by § 240-16.
§ 240-16 Zoning modifications.
A.
Simultaneously with the approval of a subdivision plat, and pursuant to § 278 of the Town Law, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions where, for reasons of topography, shape or dimensions of the area to be subdivided, such modification would permit a better subdivision layout, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the required minimum area, that no more than 20% of the lots shown on the plats shall have less than 80% of the minimum area specified in Articles IV through VII, and further provided that no lot shall have a width at any point or a street line frontage of less than 25 feet.
[Amended 7-17-1996 by L.L. No. 14-1996]
B.
Each approved modification of the zoning regulations shall be noted specifically on the plat, and a copy of the plat shall be filed with the Town Clerk. Upon the filing of said plat in the office of the County Clerk, the approved modifications shall be recorded as a part of this chapter.
§ 240-17 Flood-hazard areas.
[Amended 7-17-1996 by L.L. No. 14-1996]
In areas adjacent to flood-hazard areas, all buildings and structures shall be erected in compliance with this chapter and Chapter 110, Flood Damage Prevention.
§ 240-18 Usable open space.
§ 240-19 Accessory uses.
All accessory uses shall be located on the same lot with the principal uses to which they are accessory.
§ 240-19.1 Wireless telecommunications facilities.
[Added 2-15-1995 by L.L. No. 3-1995; amended 3-15-1995 by L.L. No. 4-1995; 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016; 9-20-2023 by L.L. No. 8-2023]
A.
Purpose. The purpose of this section is to establish regulations for the location and design of wireless telecommunications facilities that recognize the need to balance the technical requirements of the wireless telecommunications industry with the Town's desire to minimize the visual and other adverse effects of such facilities. This section expresses a preference for locations on Town property, acknowledging the ability of the Town to exert greater controls arising from ownership rights and a preference for the collocation of new wireless telecommunications facilities on existing or approved wireless telecommunications support structures that are located in nonresidential areas. Such regulations are intended to:
(1)
Ensure that the placement, construction or modification of wireless telecommunications facilities and related equipment are consistent with the Town's land use and zoning code regulations to the extent permitted by law;
(2)
Minimize the negative and adverse visual, acoustic and aesthetic impacts of wireless telecommunications facilities to the maximum extent practicable, through creative design, siting, landscaping, screening and innovative camouflaging techniques;
(3)
Assure a comprehensive review of environmental impacts of such facilities;
(4)
Protect, to the extent the Town is allowed to do so without conflicting with federal law, the health, safety and welfare of the residents of the Town and persons working in or visiting the Town from potential adverse impacts of wireless telecommunications facilities;
(5)
Allow for shared use (collocation) of wireless telecommunications facilities when such use is the more aesthetically sensitive alternative;
(6)
Establish fair and efficient processes for review and approval of development applications;
(7)
Preserve the visual character of established communities and the natural beauty of the landscape;
(8)
Protect property values;
(9)
Minimize the impact of wireless telecommunications facilities on residential properties;
(10)
Encourage the siting of wireless telecommunications facilities on properties and areas, which are not zoned exclusively for residential purposes; and
(11)
Minimize the number of structures placed near to each other in the rights-of-way.
B. ANTENNA ASSOCIATED EQUIPMENT BASE STATION(1) (2) (3) (4) BUILDING INSPECTOR COLLOCATION DECOMMISSIONED DISTRIBUTED ANTENNA SYSTEM (DAS) EAF FAA FCC HEIGHT MACRO WIRELESS TELECOMMUNICATIONS FACILITY MODIFICATION MONOPOLE NIER PERMIT PERSONAL WIRELESS SERVICE FACILITY PLANNING BOARD PUBLIC RIGHT-OF-WAY ("ROW") RELIABLE SERVICE REPLACEMENT SMALL WIRELESS PERMIT SMALL WIRELESS TELECOMMUNICATIONS FACILITY(1) (2) (3) (4) (5) STEALTH TECHNOLOGY STRAND STRUCTURALLY MOUNTED STRUCTURE SUBSTANTIAL CHANGE(1) (2) (3) (a) (b) (c)
(4) (5) (6) (7) TOWER TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT UTILITY POLE WIRELESS TELECOMMUNICATIONS EQUIPMENT WIRELESS TELECOMMUNICATIONS FACILITY WIRELESS TELECOMMUNICATIONS PROVIDER
Definitions.
An apparatus designed for the purpose of emitting or receiving radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the term "antenna" does not include a mobile station or device authorized under Part 15 of Title 47 of the United States Code.
Any equipment serving or being used in conjunction with wireless telecommunications facilities including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures, and, when co-located on a structure, which is mounted or installed prior to, at the same or at a subsequent time as an antenna.
A structure or equipment at a fixed location that enables FCC licensed or authorized wireless telecommunications between user equipment and a telecommunications network.
The term includes, but is not limited to, equipment associated with wireless telecommunications facilities such as but not limited to private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration (including DAS and small or macro cell equipment).
The term includes, but is not limited to, any structure that supports or houses equipment described in paragraphs (1) and (2) above that has been reviewed and approved under the applicable zoning code or siting process, even if the structure was not built for the sole or primary purpose of providing such support.
The term does not include any structure that, at the time the relevant application is filed with the Town under this section, does not support or house equipment described in paragraphs (1) and (2) of this definition.
The Town's Building Inspector or its Director of Building Code Enforcement and Land Use Administration.
The mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for telecommunications purposes, whether or not there is an existing antenna on the structure.
A wireless telecommunications facility is decommissioned when it no longer is being used to perform the services which it was built to provide.
A network of spatially separated antenna sites connected to a common source that provides wireless telecommunications service within a geographic area or structure.
The Environmental Assessment Form promulgated by the New York State Department of Environmental Conservation.
The Federal Aviation Administration, or its duly designated and authorized successor agency.
The Federal Communications Commission, or its duly designated and authorized successor agency.
When referring to a structure, the distance measured from the pre-existing grade to the highest point on the structure, including the antenna(s) and any other appurtenances.
Any wireless telecommunications facility that enables authorized wireless telecommunications between user equipment and a telecommunications network that is not a small wireless telecommunications facility.
The improvement, upgrade or expansion of existing wireless telecommunications facilities or the improvement, upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless telecommunications facilities.
A wireless telecommunications support structure which consists of a single pole, designed and erected on the ground or on top of a structure to support one or more wireless telecommunications antennas and associated equipment.
Nonionizing electromagnetic radiation. A series of energy waves composed of oscillating electric and magnetic fields traveling at the speed of light which includes the spectrum of ultraviolet (UV), visible light, infrared (IR), microwave (MW), radio frequency (RF), and extremely low frequencies (ELF).
A wireless facility permit.
Shall have the meaning given to it in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or any statute that may replace it.
The Town of Mamaroneck Planning Board.
Any land over which the public possesses the right to travel. The term "road" includes state, county and Town highways, roads, streets, squares, places, courts, boulevards, parkways, sidewalks and other ways, however, designated, over which the public has access.
The transmission and reception of communications voice and/or data by a wireless telecommunications facility that meets or exceeds a wireless service provider's reasonable and generally accepted industry quality metrics, including but not limited to received signal strength or signal quality measurements or calibrated predictions of such data throughput, call or session performance objectives including, but not limited to, key performance indicators such as lost calls, system blocking or lack of capacity.
The replacement of existing wireless telecommunications antenna on any existing support structure or on existing associated equipment for maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading which does not substantially increase the physical dimensions of any existing support structure.
The permit issued by the Planning Board approving a small wireless telecommunications facility.
Any wireless telecommunications facility that functions like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces including, but not limited to, DAS, microcells, picocells, and femtocells or any name employed to identify a compact, low-power base station and its associated equipment that meets each of the following conditions:
Each antenna (excluding associated antenna equipment) is no more than six cubic feet in volume;
In the aggregate, the volume of all antenna equipment associated with the facility (excluding antennas and back-up power and related back-up power equipment) does not exceed 28 cubic feet;
The facility does not require antenna structure registration under 47 CFR Part 17; and
The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Parts 1 and 2 of the FCC's Rules and Regulations [47 CFR 1.1307(b), 1.1310, 2.1091, 2.1093] or any FCC rule or regulation that replaces these regulations or add additional safety standards.
Camouflaging methods applied to wireless telecommunications facilities, which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop, in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles and the like.
A cable or wire run between two utility poles, or between a utility pole and a structure, or between two structures.
The attachment of antennas to an existing building or structure other than a monopole or tower having a location on the ground and comprising a part of a wireless telecommunications facility. For purposes of this section, the term "structurally mounted" shall include, in addition to the antennas, all other components of the wireless telecommunications facility.
A pole, base station supporting hardware, commercial billboard, street furniture or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services).
A modification substantially changes the physical dimensions if it meets any of the following criteria:
The mounting of the proposed antenna on the wireless structure would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;
The mounting of the proposed antenna or small wireless telecommunications facility would involve the installation of more than four equipment cabinets or more than one new equipment shelter;
The mounting of the proposed antenna or small wireless telecommunications facility would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude from the edge of the original support structure:
More than 20 feet in the case of a macro wireless telecommunications facility;
More than three feet in the case of a small wireless telecommunications facility; and
In all cases more than the original width of the support structure at the level of the appurtenance.
It will not be considered a "substantial change" if the mounting of the proposed antenna or small wireless telecommunications facility exceeds the limits herein if it is necessary or appropriate to do so in order to shelter the antenna from inclement weather or to provide stealth shielding for the antenna or small wireless telecommunications facility; |
The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site;
The modification defeats concealment and/or stealth elements of the support structure;
The modification does not comply with prior conditions of the approval for the existing structure and/or site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above; or
The modification increases the square footage of the existing equipment compound to an area greater than 2,500 square feet.
Any structure built for the sole or primary purpose of supporting FCC licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined herein.
Equipment that facilitates transmission and reception for any FCC licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable and regular and back-up power supply. The term includes equipment associated with wireless telecommunications services, including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Town-owned poles or poles owned by utility companies. Any utility pole in excess of 50 feet in height shall be deemed a tower and not eligible as a location for small wireless telecommunications facilities.
Any equipment used in connection with the commercial operation of wireless telecommunications services, as defined herein, and as the term "personal wireless service facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or any statute that may replace it, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, towers and related appurtenances.
A structure, facility or location designed or intended to be used as or used to support antennas, along with any antennas located on such structure, facility or location and any associated equipment. It includes, but is not limited to, monopoles, lattice towers, DAS, microcell or small wireless facilities on utility poles or strand mounted in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and associated equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular telecommunications technologies, but excluding those used exclusively for the Town's fire, police, ambulance, and other dispatch telecommunications or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications.
An FCC licensed service provider offering wireless telecommunications to deliver such telecommunications services. These services may include, but are not limited to, voice, data, or video in either licensed or unlicensed spectrum. An enterprise business offering to host licensed or unlicensed service providers by deploying small cell technology such as, but not limited to, DAS and similar small cells.
Any term contained in this section that is not defined above but is defined by the FCC shall have the meaning ascribed to it by the FCC. |
C.
Permissible locations for wireless telecommunications facilities. Provided it complies with the requirements of this section:
(1)
A macro wireless telecommunications facility may be located only in the following zoning districts of the Town: B-R; LI; UR; SB-R; B-MUB; and R; but not (i) on a property designated by the Town as historic, or (ii) on a property listed on the New York State Register or the National Register of Historic Places or in a neighborhood that has been designated as historic by the Town, the State of New York, the County of Westchester or the federal government or (iii) on those properties that are owned or leased by the Town but are not listed in § 240-19.1H.
(2)
A small wireless telecommunications facility may be located only in any of the districts that a macro wireless telecommunications facility may be located and in the ROWs of the Town.
(3)
In addition to the areas specified in § 240-19.1C(1) and (2), a macro wireless telecommunications facility or a small wireless telecommunications facility may be located on the Town-owned properties listed in § 240-19.1H if permission therefor is granted by the Town Board.
(4)
Neither type of wireless telecommunications facility shall be permitted in any area within the unincorporated area of the Town other than the areas specified in § 240-19.1C(1), (2) or (3).
D.
Requirements for the installation, alteration, expansion or replacement of a wireless telecommunications facility whether on private property or Town-owned property.
(1)
Except as otherwise provided in this section, no person shall be permitted to construct, install, or prepare a site for the installation of a wireless telecommunications facility or alter, expand or replace an existing wireless telecommunications facility without first obtaining:
(a)
Site plan approval and a special permit from the Planning Board, followed by a building permit issued by the Building Inspector; or
(b)
In the case of a macro wireless telecommunications facility to be located on a Town-owned property, approval of the application by the Town Board, followed by a building permit issued by the Building Inspector.
E.
Application for all types of wireless telecommunications facilities.
(1)
An application for the construction or installation of a new wireless telecommunications facility or a substantial change to an existing wireless telecommunications facility, whether a small wireless telecommunications facility or a macro wireless telecommunications facility, shall contain the following information:
(a)
A descriptive statement of the applicant's or operator's objectives, and whether the applicant seeks to satisfy a need, such as improved coverage and/or capacity requirements;
(b)
Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include, but not be limited to: (i) information relating to all other wireless telecommunications facilities and antennas associated with such wireless telecommunications facilities that are to be deployed in the Town in conjunction with the proposed wireless facility; and (ii) propagation and/or capacity studies of the proposed site including, but not limited to, both drive test and calibrated predictive coverage plots, and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant area of less than reliable service in coverage and/or capacity, including an analysis of current and projected usage and a copy of the search ring within which a new wireless telecommunications facility is proposed to be located;
(c)
The name, postal address, email address and phone number of the person preparing the report;
(d)
The name, postal address, email address and phone number of the property owner, operator and applicant;
(e)
The postal address and tax map section, block and lot of the property, or the postal address and tax map section, block and lot of the closest property if the wireless telecommunication facility is proposed to be located in a right-of-way;
(f)
The zoning district in which the property is situated;
(g)
The size of the property, stated both in square feet and lot line dimensions and a survey prepared by a licensed professional surveyor showing the location of all lot lines (an application to use a ROW does not have to supply this information);
(h)
The lot line of the nearest residential structure if such lot line is 1,200 feet or less from the property which is the subject of the application;
(i)
The location, size and height of all existing and proposed structures on the property which is the subject of the application;
(j)
The type, locations and dimensions of all proposed and existing landscaping and fencing;
(k)
The number, type and model of the antenna(s) and if the proposed wireless telecommunications facility is a small cell installation, the small cell equipment proposed;
(l)
A description of the utility pole, monopole or other structure on which any antenna or associated equipment for a wireless telecommunications facility is to be located and a design plan stating the structure's capacity to accommodate multiple users;
(m)
A site plan describing any new proposed structure and antenna(s) and all related fixtures, associated equipment, appurtenances and apparatus, including, but not limited to, height above pre-existing grade, materials, color and lighting;
(n)
The frequency band, modulation and class of service of radio or other transmitting equipment;
(o)
The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s);
(p)
Direction of maximum lobes and associated radiation of the antenna(s);
(q)
Documentation justifying the total height of any proposed antenna and structure and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown;
(r)
Certification that NIER levels at the proposed site will be and remain within the threshold levels adopted by the FCC and the State of New York;
(s)
A statement signed by an engineer licensed by the State of New York that the analysis of site RF compliance for the proposed installation is consistent with applicable FCC regulations, additional guidelines issued by the FCC and industry practice and in clear compliance with FCC regulations concerning RF exposure;
(t)
A copy of the FCC license applicable for the intended use of the wireless telecommunications facility;
(u)
Certification that a topographic and geomorphologic study and analysis has been conducted and that the proposed drainage plan is adequate to assure the stability of the proposed wireless telecommunications facility on the property which is the subject of the application;
(v)
Certification that if the proposed wireless telecommunications facility will be a small cell or DAS that each unit/installation will not exceed 55 dBA of acoustic noise, measured five feet from the unit in any direction, or violate any applicable noise regulation;
(w)
Visual EAF with visual addendum;
(x)
Written certification by an engineer licensed by the State of New York that the wireless telecommunications facility and support structures and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads;
(y)
Proof that the wireless telecommunications facility or expansion of an existing facility is not proposed to be located within the front yard setback area or closer to the front property line than the setback of the existing principal building, whichever is more restrictive;
(z)
A statement by the applicant with supporting citation of law or regulation indicating the time within which the applicant maintains that its application must be decided. While the time periods established by federal regulations or statute may be considered a reasonable period of time for determining an application and the Planning Board and the Town Board, as the case may be, will use their best efforts to decide applications within such periods, circumstances may make it necessary to extend the date for a determination beyond the relevant time period.
(2)
In addition to the requirements of § 240-19.1E, an application for collocation, whether for a small wireless facility or a macro wireless facility, shall contain the following proof:
(a)
The existing wireless telecommunications support structure has been granted all necessary approvals by the appropriate approving authorities;
(b)
The proposed collocation shall not substantially increase the existing wireless support structure; and
(c)
The proposed collocation complies with the final approval of the wireless telecommunications support structure and all conditions attached thereto and either does not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law, rule or regulation or that a variance or other required relief has been obtained.
(3)
For the purpose of starting the time period within which a decision on the application must be made, the application shall be deemed submitted when the Town Engineer determines that the application is complete. The Town Engineer shall notify the applicant of his/her determination of completeness within 10 business days after (i) the application is filed with the Building Department or (ii) any additional documentation or information is filed in response to the Town Engineer's determination that the application is not complete.
(4)
The Planning Board, the Town Board and if a variance is required, the Board of Appeals may refer the application before it to any of the Town's other departments, officials, boards or commissions.
(5)
Bond or letter of credit required.
(a)
Before a building permit is issued, the applicant shall post a bond or a letter of credit that will remain in effect until cancelled, in favor of the Town in an amount sufficient to secure the removal of the wireless telecommunications facility when it is decommissioned. The amount of such bond shall be determined by the Planning Board in the case of parcels situated in the B-R, SB-R, UR and R Zoning Districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property. The bond or letter of credit shall be issued by a surety or institution with assets sufficient to assure that it will be capable of satisfying its obligation and be in a form approved by the attorney for the Town.
(b)
Upon notice to the applicant or the person in control of the wireless telecommunications facility, the Planning Board in the case of parcels situated in the B-R, SB-R, UR and R Zoning Districts or by the Town Board in the case of a wireless telecommunications facility located on Town-owned property may require that the surety or institution be changed or may increase the amount of the bond or letter of credit if it is determined that the surety or institution no longer has assets sufficient to assure that it will be capable of satisfying its obligation or that the amount of the existing bond or letter of credit is inadequate to secure the removal of the wireless telecommunications facility when it is decommissioned.
(c)
If the bond lapses or the letter of credit is canceled, the Planning Board in the case of parcels situated in the B-R, SB-R, UR and R Zoning Districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property, after conducting a hearing done on notice to the applicant or the person in control of the wireless telecommunications facility, will have the right to revoke permission for the wireless telecommunications facility. Revocation of permission shall be deemed a decommissioning of the wireless telecommunications facility.
(6)
Insurance coverage.
(a)
The Planning Board or the Town Board, upon advice from the Town of Mamaroneck's insurance carrier, shall determine the amount of insurance coverage against liability for personal injury, death or property damage that must be maintained while the wireless telecommunications facility is being constructed, after it is installed and until it is removed. Such insurance shall be issued by an insurance company with an AM Best Rating of A+, shall name the Town as an additional insured and must provide that the underwriter notify the Town if the policy expires. Such liability insurance must be maintained throughout the existence of the wireless telecommunications facility. Before a building permit is issued, a copy of such policy must be delivered to the Building Department.
(b)
When such policy is renewed or replaced, a copy of the renewed or replacement policy shall be delivered to the Building Department within 30 days of its issuance. If the insurance policy lapses or does not provide the required coverage, the Planning Board in the case of parcels situated in the B-R, SB-R, UR and R Zoning Districts or the Town Board in the case of a wireless telecommunications facility located on Town-owned property, after conducting a hearing done on notice to the applicant or the person in control of the wireless telecommunications facility, will have the right to revoke permission for the wireless telecommunications facility. Revocation of permission shall be deemed a decommissioning of the wireless telecommunications facility.
F.
Provisions applicable to macro wireless telecommunications facilities only.
(1)
In addition to complying with the other requirements of this section, a macro wireless telecommunications facility shall meet the following standards and contain the following submissions:
(a)
Ground-mounted equipment associated with macro wireless telecommunications facilities shall be limited to a height of 12 feet above the existing grade and shall be no closer to side or rear property lines than the minimum setbacks applicable to accessory structures within the zone or one foot in those districts where there are no minimum setbacks.
(b)
Support structures for macro wireless telecommunications facilities other than existing buildings or structures shall be set back from the closest property line a distance equal to at least 120% of the height of the composite support structure and attached antennas measured from the highest point of the composite facility to the existing ground level at the base of the facility.
(c)
No signs shall be permitted, except for signs two square feet or less in area that display the name, address and telephone number of the owner of the facility, safety warnings or instructions, and information regarding the equipment on site. Height shall be measured from ground level, to the highest point on the wireless telecommunications facility, or if higher, the highest point on any extension to an existing supporting structure required to support the wireless telecommunications facility.
(d)
A macro wireless telecommunications facility shall be no higher than the minimum height necessary to achieve its purpose and under all circumstances, no more than 125 feet in height.
(e)
The applicant for a macro wireless telecommunications facility shall submit a list of eligible locations within the applicant's search area and has ranked the locations in accordance with the priorities in § 240-19.1G(10).
(f)
Wind and ice. All macro wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(g)
Aviation safety. All macro wireless telecommunications facilities shall comply with all federal and state laws and regulations concerning aviation safety, including but not limited to, the regulations of the FAA.
(h)
Public safety communications. All macro wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
(i)
Radio frequency emissions. A macro wireless telecommunications facility shall not, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(2)
If such policy lapses, the Planning Board or the Town Board, after conducting a hearing on notice to the applicant, will have the right to revoke permission for the macro wireless telecommunications facility.
G.
Provisions applicable to small wireless telecommunications facilities only.
(1)
Design. All small wireless telecommunications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All small wireless facilities shall, at all times, be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property. In addition to the provisions listed in this section, all small wireless telecommunications facilities shall be designed to comply with the following requirements:
(a)
All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b)
Small wireless telecommunications facilities and associated equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c)
Pole- and strand-mounted small wireless telecommunications facilities shall be a minimum of 250 feet apart radially. They shall be located in line with trees, existing streetlights, utility poles and other street furniture when possible.
(d)
No more than two small wireless telecommunications facilities with associated antennas shall be mounted to a freestanding pole or structure.
(e)
Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise create safety hazards to pedestrians, motorists, bicyclists or residents or occupants of buildings, or to otherwise cause inconvenience to the public's use of the public right-of-way.
(f)
To the extent feasible, associated equipment shall be placed underground. Mounted associated equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features. Ground-mounted associated equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted associated equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology.
(g)
Electrical meter cabinets, if required, shall be screened to blend in with the surrounding area.
(h)
Associated equipment attached to a small wireless telecommunications facility support structure shall have such vertical clearance as the Planning Board or in the case of a variance, the Board of Appeals may determine and an applicable utility company may require.
(2)
Wind and ice. All small wireless telecommunications facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(3)
Aviation safety. Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety, including but not limited to the regulations of the FAA.
(4)
Public safety communications. Small wireless telecommunications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
(5)
Radio frequency emissions. A small wireless telecommunications facility shall not, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(6)
Small wireless telecommunications facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate collocation by additional antenna arrays or small cells, but under no circumstances is the height to be in excess of what is permitted for small wireless telecommunications facilities.
(7)
Visibility.
(a)
A small wireless telecommunications facility shall be sited so as to have the least-adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the site.
(b)
Both the small wireless telecommunications facility and any and all associated equipment shall maximize the use of building materials, colors and textures designed that blend with the structure to which it may be affixed and/or harmonize with the natural surroundings.
(c)
Small wireless telecommunications facilities shall not be artificially lit or marked, except as required by law. If lighting is required, the applicant shall present a photometric analysis that shows that the applicant will use best practices for mitigating the impact of lighting.
(d)
Where deemed appropriate by the Planning Board, electrical and land-based telephone or fiber lines extended to serve the small wireless telecommunications facility sites shall be installed underground.
(e)
Stealth technologies shall be employed in an effort to blend into the surrounding environment and minimize aesthetic impact.
(f)
Landscaping shall be provided, where appropriate.
(8)
Small wireless telecommunications facilities and any associated equipment in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter 187 of the Town Code relating to construction activities within the public right-of-way. To the extent any provisions in Chapter 187 are inconsistent with the provisions set forth in this section, the provisions in this section shall control.
(9)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(a)
Small wireless telecommunications facilities shall be fully automated and not require in-person attendance on a daily basis and shall be visited only for maintenance, replacement or emergency repair.
(b)
Such maintenance shall be performed to ensure the upkeep of the facility in order to maintain an acceptable appearance and promote the safety and security of the Town.
(c)
All maintenance activities shall utilize the best available technology for preventing failures and accidents.
(d)
Any graffiti on any small wireless telecommunications facility support structure or any associated equipment shall be removed at the sole expense of the owner within 10 days upon notification by the Town.
(10)
Priorities.
(a)
The locations listed Subsection G(10)(a)[1] through [6] below are the locations for small wireless telecommunications facilities within the Town listed in the order of preferred locations with [1] being the most desirable location and [6] being the least desirable location. Applicants for small wireless communication facilities shall categorize the site that they propose according to the following priorities or shall advise that the proposed site does not fall into any of the categories.
[1]
Collocation on existing utility poles, monopoles, or other small wireless telecommunications facility support structures on lands owned or controlled by the Town;
[2]
Collocation on a site with existing small wireless telecommunications facilities or other wireless telecommunications facility structures in the Town;
[3]
On the Town-owned properties listed in § 240-19.1H(1);
[4]
On lands owned or controlled by other municipal corporations within the Town, to the extent permitted by such other municipal corporation;
[5]
On nonresidential zoned properties; and
[6]
Within public rights-of-way.
(b)
If the proposed site is not in the most preferred category, the applicant must supply a detailed explanation as to why a site in a more preferred category was not selected. The applicant also must satisfactorily demonstrate why approval should be granted for the proposed site and the hardship that would be incurred if the application were not approved. Stating that the proposed site has already been leased or purchased is not a satisfactory demonstration of why approval should be granted for the proposed site.
(c)
If collocation is not proposed, the applicant must provide a compelling reason why collocation it is not being proposed.
(d)
Notwithstanding the above, the Planning Board may approve a less preferred site if it finds that the proposed site will further the purposes of this section, is in the best interest of the safety, public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties.
H.
Application when a wireless telecommunications facility is proposed for Town property.
(1)
New wireless telecommunications facilities and the collocation of such facilities shall be permitted only on the following properties owned by the Town:
The Weaver Street firehouse |
The Maxwell Avenue site |
The Town-owned building in Memorial Park |
Town-owned parking lots |
Public rights-of-way |
The Ambulance Building on Weaver Street |
The Hommocks Ice Rink |
The Town Center |
The Senior Center |
The Sheldrake Environmental Center |
(2)
This section shall not be construed so as to create a right or entitlement to use Town property for a wireless telecommunications facility.
(3)
Applications for a wireless telecommunications facility to be located upon Town-owned property must satisfy the same requirements and undergo the same type of review as a wireless telecommunications facility located on privately owned property must satisfy and undergo.
(4)
Right-of-way agreement.
(a)
Before the Building Inspector can issue a small wireless permit for a small wireless telecommunications facility or pole to be installed within the public right-of-way, a right-of-way agreement between the person or entity that will operate the small wireless telecommunications facility and the Town must be executed by both parties.
(b)
The term of the right-of-way agreement shall not exceed 15 years, shall contain the conditions imposed by the Town Board when it approved the wireless telecommunications facility and require, among other things, that the operator maintain liability insurance with coverage for an amount that is reasonable under the circumstances. A form right-of-way agreement shall be maintained by the Building Department.
(5)
In addition to other fees that may be imposed pursuant to this section every wireless telecommunications facility located in a right-of-way shall pay an annual fee for the use and occupancy of the right-of-way.
I.
Provisions applicable to applications for both macro wireless telecommunications facilities and small wireless telecommunications facilities.
(1)
All proposed wireless telecommunications facilities:
(a)
Shall be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility;
(b)
Where appropriate, will employ stealth technologies as directed by the applicable municipal board (Town Board, Planning Board or Board of Appeals); and
(c)
Will be designed, engineered and constructed so as to have the least-adverse visual and sonic effect on the environment, the character of the community and surrounding properties.
(2)
The Town Board, the Planning Board or the Board of Appeals may retain outside consultants, including, but not limited to, radio frequency engineers and other wireless telecommunications consultants to assist it in reviewing an application made pursuant to this section. The Board may require an applicant to establish, fund and replenish an escrow account to pay the fees and related costs incurred by the Board for outside consultants. The outside consultant(s) will conduct an independent investigation and analysis of all applicable data relating to existing and proposed wireless telecommunications facilities, including whether there exists a considerable area(s) of less than reliable service in coverage and/or capacity and whether the proposed wireless telecommunications facility will improve service in the area(s) of less than reliable service. The outside consultant(s) also shall conduct an independent review and assessment of alternate sites and other technologies that may improve service in the area(s) of less reliable service and have a less intrusive impact upon the neighborhood than the site and/or the technology proposed by the applicant.
(3)
A wireless telecommunication facility shall be removed within 180 days of being decommissioned by the person in control of that facility when the facility is decommissioned. The property upon which the facility was constructed must be left in a safe condition when the removal is completed.
J.
Exemptions.
(1)
The following actions shall not require site plan approval, a special permit or a small wireless permit:
(a)
A change in the dimensions of a wireless telecommunications facility if such change is not substantial.
(b)
A modification to, or the replacement of, an existing wireless telecommunications facility that does not substantially change the existing wireless telecommunications facility.
(c)
The repair and/or maintenance of an existing wireless telecommunications facility.
(d)
Collocation; provided:
[1]
The existing tower, building or structure to which the proposed antennae are to be mounted or installed has been granted all necessary approvals by the appropriate approving authorities;
[2]
Was designed to receive the proposed collocation;
[3]
Will not substantially increase the existing wireless support structure; and
[4]
Complies with the special permit and site plan approval (in the case of a macro wireless telecommunications facility) or the small wireless permit (in the case of a small wireless telecommunications facility) and all conditions attached thereto and would not create a condition for which a variance would be required or for which relief would be required pursuant to any other applicable law, rule or regulation.
(e)
Installation of a personal wireless telecommunications device designed for in-home or in-office use that either provides telecommunications or to boost an existing signal for telecommunications; provided that there are no installations outside the walls of the building in which the device is installed and that such device(s) shall be FCC approved to not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
§ 240-20 Schedule of regulations.
The schedule of regulations, Articles IV through VII, which defines the use of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, loading space and all other matters contained herein as indicated for the various districts by this chapter, is hereby adopted and declared to be a part of this chapter. The regulations listed for each district as designated, reading from left to right across the schedule, are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. Only those uses specifically listed as being permitted shall be permitted.