Promoting the health, safety and welfare of the residents of the Village.

Minimizing adverse visual effects of towers and/or similar systems and to protect the natural features, aesthetics and the residential character of the Village through careful planning, design, location, buffering and screening. To the greatest extent possible, the footprint of the tower and any ancillary structure shall be minimized.

Avoiding potential damage to adjacent properties from tower failure or falling debris through reasonable engineering and careful siting of tower structures.

Maximizing use of any proposed tower locations in order to reduce the number of towers and maximize co-locations of structures for the purpose of locating multiple services on the same tower.

No communication tower or antenna(s) system, accessory facility or co-located antenna shall be erected, maintained or substantially modified within the Village of Oyster Bay Cove unless a written application shall be made for a special use permit to the Board of Trustees of Oyster Bay Cove and approved in conformity with this article by the Planning Board and the Board of Trustees of the Village of Oyster Bay Cove.

The application fee for a special use permit required by this chapter shall be at the level fixed from time to time by resolution of the Board of Trustees. Said application fee must accompany the Planning Board application. The applicant shall also be responsible for payment of hearing fees incurred by the Planning Board and the Board of Trustees, including but not limited to publication, stenographer, engineering, etc.

Notwithstanding permit application fees, the applicant shall also be responsible for all professional fees incurred by the Village for adequate support of the Planning Board's review, the Board of Trustees' review; all as determined in Chapter 162, Fees and Deposits. Said fees must be paid within 10 days of being billed and, if not paid, the application shall be deemed abandoned.

The applicant shall submit 10 copies of its application, along with a complete digital submission on a flash drive or CD ROM, to the Village Clerk together with a deed certified to be on file in the office of the Nassau County Clerk bearing an original seal of the Nassau County Clerk evidencing lawful ownership of the property upon which the facility is to be constructed; a title report prepared by a title or abstract company which is a member of the New York State Land Title Association setting forth, among other things, all covenants and restrictions concerning the use of the subject real property; a current survey of the property, bearing an original seal of a land surveyor licensed by the State of New York. The survey shall also delineate all structures in existence on the property and shall set forth their exact locations detailing their size, distance from each other and from the perimeter of the property lines being set forth in feet and inches.

Every application shall be accompanied by a full environmental assessment form (FEAF) and is subject to State Environmental Quality Review Act.[1]

The Planning Board's role in the process shall be advisory to the Board of Trustees. As soon as practicable, the Planning Board shall conduct a public hearing on the application, with notification to residents and the public in the same manner as other public meetings of the Planning Board.

After completion of the public hearing or hearings, the Planning Board shall send its written recommendation to the Board of Trustees, which recommendation will be accompanied with the written record and exhibits reviewed by the Planning Board.

As soon as practicable thereafter, the Board of Trustees shall schedule a public hearing on the application, which may be continued to another date if necessary. The Board of Trustees shall be the lead agency for the purposes of the State Environmental Quality Review Act (SEQRA), and it shall conduct its review as set forth in 6 NYCRR Part 617.

The height limitations of Article III (Residence A-1) and Article IV (Residence A-2) of this chapter shall not be a bar to any use sought under this chapter. Applicants shall submit documentation justifying the total height of any tower, facility and/or antenna requested and the basis therefor. Documentation in the form of propagation studies must include all supporting backup data used to perform at the height requested and a minimum of 10 feet lower than said height, to allow verification of the need for said height. Such documentation shall be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Village, to the extent practicable, unless good cause is shown. No tower or any accessory facility constructed after the effective date of this article shall exceed the height which shall permit operation without required artificial lighting of any kind in accordance with Village, state, and/or any federal statute, law, local law, Village Code, rule or regulation.

The application will not be granted unless the applicant demonstrates to the reasonable satisfaction of the Board of Trustees that no existing use, structure, or alternate technology not requiring new construction can accommodate the applicant's proposed use.

After completion of the hearing or hearings, the Board of Trustees shall issue a written decision, file the original with the Village Clerk, and notify the applicant by first class regular mail.

The applicant must provide either a financial security bond or a security deposit for the construction, maintenance and removal of the telecommunication facility, and such bond or security deposit must be delivered to the Village Clerk, in an amount to be approved by the Board of Trustees, prior to the issuance of any building permit.

The applicant shall be required to sign an agreement with the Village whereby the applicant agrees to remove the tower, antenna(s), accessory structures and other improvements if the telecommunication facility ceases to be used for its original intended purpose for 90 consecutive days or a total of 180 days in any 365-day period. The applicant shall further agree that the tower, antenna, accessory structure and other improvements shall be removed within six months of the first date upon which the telecommunications facility ceases to be used for its original intended purpose for six months. The aforesaid financial security shall be used to guarantee the proper construction, maintenance and removal of the telecommunication facilities should that be required.

The applicant shall further agree to continually renew the bond throughout the lifetime of the telecommunication facility and file proof of said renewal with the Village Clerk.

The Board of Trustees shall have the continuing authority and right to review said bond or security and its amount and reasonably modify the amount and terms of the same if it is not consistent with the intent of this article. If the applicant does not review the bond and allows it to lapse, the Village may deem the tower and the facilities abandoned.

Any application for telecommunication facilities proposed to be located on Village property, pursuant to this article, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Village, and its officers, boards, employees, board members, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of or are caused by the placement, construction, erection, modification, location, use, operation, maintenance, repair, installation, replacement, removal, performance of, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Village, or its servants or agents. The penalties, damages, and charges referenced herein, as recoverable by the Village, shall include reasonable attorneys' fees, consultants' fees, and expert witness fees. Notwithstanding the requirements noted above, no indemnification provision shall be required where the Village acts as an applicant for a special use permit under the provisions of this article.

Village-supplied Planning Board application.

Village-supplied environmental assessment form (EAF).

Site plan, prepared in accordance with § 264-4C(3), prepared to scale (no greater than one inch equals 20 feet) and in sufficient detail and accuracy showing, at a minimum:

"Before" and "after" propagation studies prepared by a qualified radio frequency (RF) engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunication facility. The applicant shall provide a professional resume for the above-referenced RF engineer.

Evidence of compliance with FCC regulations, NIER levels, and EMF standards.

Proposed parking, paving, and lighting and location of same at the premises upon which the tower is located. All utilities at the site shall be installed underground wherever possible and in compliance with all laws, rules and regulations of the Village.

A search ring prepared by a qualified RF engineer and overlaid on an appropriate background map demonstrating the area within which the antenna needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Planning Board why it selected the proposed site, discuss the availability or lack of availability of suitable existing structure(s) within the search ring, which would have allowed for co-located antenna(s) elsewhere.

Affidavit from the applicant identifying specific attempts to place a co-located antenna(s) within the search area and that such efforts were entirely unsuccessful.

A line of sight or visual impact study, as follows:

An engineer's statement or statements from appropriate governmental agencies that the proposed telecommunication facility will have no adverse impact on air or surface traffic within 1/2 mile of the tower. In addition to all conditions specified herein, the applicant shall meet all requirements imposed for similar proposed construction within the unincorporated areas of the Town of Oyster Bay.

An engineer's certified statement that:

Such other additional information, studies, alternative sites and assessments as may be required by the Planning Board and/or the Board of Trustees to fully review and evaluate the potential impact and location of the proposed tower or antenna.

The Village hereby declares, not in order of preference, that the following are the expressed preferred locations of the communication towers and antenna(s):

Any location of a tower, antenna(s) or support system upon an existing structure or building shall be attached, affixed or placed thereon in a manner which is safe for the lifetime of the building or structure and which is safe for the people and structures in and around said tower, antenna(s) and support system.

The number and location of antenna(s) or other receiving or transmitting devices and their support system on an existing structure or building shall be as many as is structurally and technically feasible.

Notwithstanding other provisions in this article, in a residential district, no tower may be erected closer than twice the radius of the 100% clear zone to any structure located in a residential district.

If the proposed site is not proposed for one of the preferred locations listed in Subsections A(1) to (3) above, then a detailed explanation must be provided as to why such a site was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

No approved telecommunication facility, antenna(s) or support systems shall hereafter be used, erected, moved, reconstructed, changed, or altered unless approved by the Board of Trustees in conformity with this article. Furthermore, no change in applicant's technology shall be authorized without Board of Trustees' approval. This provision does not require approval for routine maintenance of the telecommunication facility.

Where this article conflicts with other laws of the State of New York or United States, the more restrictive regulation(s) shall apply, except for tower height restrictions, which are governed by this article.

Preferred design. Monopoles are the preferred design, followed by guyed towers and then freestanding towers. Regardless of the design selected, all applications must, to the fullest extent possible, utilize stealth technology to reduce the visual and aesthetic impact of the proposed application. The Planning Board may, with good cause shown, require one tower design over other tower designs.

Visual impacts. Any tower, antenna(s) and accessory facility shall be constructed and designed to have the least practical visual impact on the area within reasonable proximity to the tower antenna(s) or accessory facility.

Fencing and lighting. A six-foot fence of chain link construction shall be required to enclose and secure the base of a communication tower. The purpose of the fencing is to prevent unauthorized access to the site. In the absence of good cause shown, the applicant shall install and maintain security cameras at the site. There shall be reasonable lighting at the base of the structure for security purposes and to further deter unauthorized access. The lighting shall be directed toward the interior of the enclosed area. The applicant shall be responsible for maintaining fencing and lighting during the duration of facility operation.

The applicant must submit with his/her application a landscaping plan for review and approval by the Village Engineer.

Color. The Planning Board may recommend the color or colors that are acceptable as long as said colors are permitted by the FAA. The Planning Board may require a pattern of colors, depending on the proposed location and its visual impact on the area wherein the tower is to be located. The tower color, once approved by the Board of Trustees, shall not be changed without Board of Trustee approval.

Tower lighting. Communication towers shall be designed and located to avoid, whenever possible, applications of FAA lighting and painting requirements. The Board of Trustees may, however, require lighting even in the absence of such requirements by the FAA.

Signs. The Board of Trustees may require that "no trespassing," "high voltage," or other appropriate warning signs be placed on the premises. A sign containing the name of the owner and operator of the antenna(s), shelter and cabinet, as well as emergency phone numbers(s) measuring no larger than four square feet must be located at the premises. No advertising signs shall be permitted.

Height. The tower height is to be measured from the base of the tower where it meets the lowest part of the ground.

Access road and parking. An access road and parking shall be provided for emergency access.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible.

Accessory building and equipment storage.

Radio frequency. The Board of Trustees may impose a condition on the applicant that the communication antenna(s) be operated at FCC-designated frequencies and power levels and/or EPA technical exposure limits, and that the applicant provide competent documentation to support the requirement that maximum allowable frequencies, power levels, and exposure levels for radiation will not be exceeded.

Other conditions. The Board of Trustees shall have the authority to impose such other reasonable conditions and restrictions as are directly related to and incidental to the health, safety and general welfare of the citizens of the Village regarding the location, construction, maintenance, design and removal of a proposed communication tower and its special use permit or site plan.

Lot size and setbacks.

The applicant, or its successor, assignee, grantee, or transferee shall, every year, provide the Village Clerk and Village Engineer a written inspection report by a qualified, licensed engineer which certifies that the tower meets applicable structural safety standards and EMF safety standards. If maintenance or repairs are required by said report, then it is the affirmative duty of the applicant, its successor, grantee or transferee to make the repairs or perform the maintenance.

The applicant agrees to pay an annual fee to be set by the Board of Trustees to the Village to reimburse the Village for all such inspection costs it may incur.

It is the preference of the Village to have future antenna(s) and other communication receivers or transmitters co-located on existing towers. Any tower should be high enough and should be constructed in a manner to permit co-location of a minimum of three additional licensee wireless communications providers. In all circumstances, Village Board of Trustees shall issue a special use permit for a tower construction, which provides co-location capabilities.

Any lease between an applicant and a landowner must include a clause, term, provision or condition that permits co-location. The applicant shall provide a copy of all lease agreements to the Board of Trustees as proof of same.

In the event that an applicant seeks to locate in the Village, wherein there are existing communication towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure co-location. In the event colocation is not proposed, the applicant shall submit a written report demonstrating the applicant's review of the existing telecommunications facilities within the Village and why colocation cannot be achieved.

The applicant must submit a copy of its policy regarding co-location, which includes the following conditions:

Fire, police and other emergency dispatch services where telecommunications facilities are less than 50 feet above the ground, if originating from the ground, or less than 25 feet above the average roofline, if originating from the roof of a building.

Nonbusiness television or radio reception, private citizen's band, amateur radio and other similar communications systems utilizing a tower and antenna, which do not exceed 50 feet above the ground, or originating from the ground, or which do not exceed 25 feet above the average roofline, if originating from the roof of a building. For the purposes of this subsection, "nonbusiness" means a use for which money, property or anything else of value is not charged, earned or received by the owner, operator, lessee or other person(s) in control of the telecommunications facility or the property on which it is located.

A telecommunications facility located on property owned or leased by the Village of Oyster Bay Cove, and which is located on such property and operated pursuant to a written lease or license agreement with the Village of Oyster Bay Cove authorized by the Board of Trustees.

Any minor repair, as to be determined by the Building Inspector, and maintenance of a telecommunication facility does not require an application for a special use permit.

Once a communication tower or antenna application is approved by the Board of Trustees, the applicant shall obtain a building permit within three months of the special permit approval, and the project shall be completed within six months of issuance of the building permit.

The failure to obtain a permit within the time permitted or to complete the construction in the time permitted shall be deemed and considered to be an abandonment of the application.

Should such a facility not be used for a period of more than six months, then same shall be deemed to be abandoned, as if no permit was ever issued.

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 Incorporated Village of Oyster Bay Cove 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 chapter or other organizations seeking to locate antennas within the jurisdiction of the Incorporated Village of Oyster Bay Cove; provided, however, that Building Inspector is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

To the extent that the holder of a special use permit for wireless telecommunications facilities has not received relief or is otherwise exempt from appropriate state and/or federal agency rules or regulations, the holder of a special use permit granted under this article shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency including, but not limited to, the FAA and the FCC. Specifically included in the requirements of this section are any rules and regulations regarding height, lighting, security, electrical, and RF emission standards.

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special use permit for wireless telecommunications facilities, the holder of such a special use permit shall conform the permitted wireless telecommunications facilities to the applicable changed or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable change or modification, or sooner, if so required by the issuing agency.