Southampton City Zoning Code
ARTICLE XXVII
Wireless Communications Transmission Support Structures and Antennas
§ 330-300 Purpose and findings.
A.
The Town Board of the Town of Southampton hereby finds and declares it to be the public policy of the Town to minimize the visual and environmental impacts of wireless communications facilities in the process of allowing for adequate and nondiscriminatory wireless service throughout the Town in accordance with the Federal Telecommunications Act of 1996.
B.
To achieve these goals, the Town of Southampton shall, by way of this article, seek to promote wireless facilities that are compatible with surrounding land uses and that protect and retain the attractiveness, health, safety, general welfare and property values of the community by establishing standards for the location, siting, design and vegetative screening of communication antennas, communication buildings, towers and alternative transmission support structures.
C.
It is also intended that this article be applied to further a proactive and comprehensive approach to providing wireless infrastructure throughout the Town of Southampton by providing opportunities for the installation of wireless communication facilities on Town-owned property and within Town-owned rights-of-way to foster economic development, streamline emergency and municipal services and offset municipal costs.
D.
Based on the intentions listed above, the goals of the following sections are to:
(1)
Encourage the use of existing structures, including, but not limited to, rooftops, utility poles, steeples, flagpoles or other unobtrusive alternative support structures for deploying wireless communications facilities;
(2)
Encourage the use of municipal lands, public and quasi-public spaces for wireless deployment, provided any such installation is visually compatible with the objectives of this article;
(3)
Expedite the review process for those applications choosing the least intrusive alternative for deploying wireless communications facilities.
§ 330-301 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
The following man-made structures: clock towers, bell towers, church steeples, water towers, light poles, utility structures, elevated roadways, bridges, flagpoles, warehouses, factories, windmills, barns, silos, commercial buildings, commercial signs, multifamily buildings, and publicly used structures such as police and fire stations, libraries, community centers, civic centers, courthouses, churches, schools, hospitals; and other similar structures as approved by the Planning Board.
Any exterior transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
One or more antennas. The antenna array does not include the mount as defined herein.
A person or entity with an application before the Town for a permit for a wireless telecommunications facility.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.
Ground-mounted equipment integral to the operation of an antenna system. Base equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. Base equipment located in a discrete area is considered a "base station."
An antenna or wireless telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure.
A portable self-contained cell site that can be moved to a location and set up to provide personal wireless communications services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
An enclosed structure at the base of the mount within which is housed the equipment for a wireless communications facility, such as batteries and electrical equipment.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the transmission support structure.
The Federal Communications Commission.
A single pole structure used for the primary purpose for the display of flag(s). Flagpole diameters range from three inches to 12 inches depending on height. Flagpoles used for stealth telecommunications installations are limited to 20 inches in diameter and 35 feet in height.
A transmission support structure that is supported, in whole or in part, by guy wire and ground anchors.
When referring to a tower or transmission support structure, the distance measured from the average preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna, lightening protection device or any other apparatus attached to the tower or transmission support structure. The definition of "height" for buildings or other structures shall refer to § 330-5.
A transmission support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors.
The reduction or elimination of visual impacts by the use of one or more methods, including but not limited to concealment, camouflage and disguise.
The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a wireless communications tower or site is a modification. A modification shall not include ordinary maintenance, as defined herein. Modifications shall be classified as major or minor.
[Amended 6-24-2008 by L.L. No. 39-2008]
MAJOR MODIFICATIONImprovements to existing wireless telecommunications facility or transmission support structure that result in a substantial change to the facility or structure. Co-location of new wireless telecommunications facilities to an existing transmission support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, extending the height of the transmission support structure by more than 10 feet above its current height and/or the replacement of the structure. Major modification also includes the expansion of the base equipment or compound area for additional accessory equipment.
MINOR MODIFICATIONImprovements to existing wireless telecommunications facility or transmission support structure, that result in a material change to the facility or structure but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility and relocating the antennas of approved wireless telecommunications facilities to different height levels on an existing transmission support structure upon which they are currently located.
A freestanding transmission support structure consisting of a single pole, without guy wires or ground anchors.
The structure or surface upon which antennas are mounted, e.g.:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a Building.
INTERIOR-MOUNTED- Mounted within a building or building appurtenance.
Non-ionizing electromagnetic radiation.
Ensuring that a wireless telecommunications facility and transmission support structure are kept in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity. Ordinary maintenance involves the normal repair of a wireless facility without adding, removing, or changing anything and therefore does not include minor and major modifications.
Any carrier or provider of wireless services.
Any use of buildings, structures or land owned, operated and maintained by a municipality or government agency, including but not restricted to public schools, fire stations, police stations, recreation sites and facilities and water treatment facilities.
Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies.
The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product.
Districts, locations, or sites identified as having historic or architectural significance or through an ordinance, guideline, map, listing, cultural assessment, designation or potential designation by a local, state or federal government.
A wireless communication installation that is concealed, camouflaged, or otherwise designed so that it does not appear to be communications equipment, but instead is integrated as an architectural feature or appears to be a part of the existing landscape so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer.
The person or legal entity vested with ownership, equitable ownership, dominion, or title to the wireless telecommunications facility, transmission support structure or antenna.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopoles. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
An area which exhibits outstanding or unique arrangements of natural or man-made features, including water or water-related features, land forms or vegetative patterns that provide inspiration, hold interest and command the attention of the viewing public. Visual resources can be of local, statewide or national importance and are often a function of two perspectives: the view of a given location and the view from a given location. Viewsheds include scenic corridors (designated or eligible for nomination) and other areas of visual interest identified in the 1999 Comprehensive Plan Update.
A branding term used to signify compliance with the IEEE 802.11b standard for wireless ethernet that is used to connect devices such as computers together using a wireless connection. Instead of computers being connected with network cables, signals are sent over radio frequencies using wireless network cards and hubs.
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), and paging service.
Antenna or transmission support structure and base station, either individually or together, used for the provision of any wireless service.
§ 330-302 Applicability.
A.
All wireless communications facilities shall require a building permit in all cases, except as exempted in § 330-304. Wireless communications facilities which are not specifically exempt pursuant to § 330-304 shall comply with the provisions of this article as follows:
(2)
Any modified wireless communications facility that does not meet tiering requirements of § 330-305 shall be considered as a new wireless telecommunications facility and shall require special exception review as outlined in § 330-306 when the following conditions apply:
(a)
Modification of the terms of an existing special exception approval by changing the wireless communications facility in one or more of the following ways:
[1]
Change in the number of transmission support structures permitted on the site;
[2]
Addition of equipment or additional height not specified in the original design filing and beyond that specified in § 330-305.
[3]
[1]Consolidation or merger of two or more existing transmission support structures and associated antennas by constructing a new transmission support structure at the same location to a height equal to or greater than the existing height of the tallest existing transmission support structure.
[1]
Editor's Note: Former Subsection A(2)(a)[3], which contained provisions on a significant change in the level of effective radiated power not initially specified, was repealed 6-24-2008 by L.L. No. 39-2008. This local law also renumbered former Subsection A(2)(a)[4] as Subsection A(2)(a)[3].
B.
Location standards. Wireless communications facilities shall meet or exceed the following location standards, in addition to the applicable design and visual compatibility standards of §§ 330-307 and 330-308:
(1)
Opportunity sites. Wireless communications facilities shall be located at one or more of the following opportunity sites:
(a)
Existing utility poles.
(b)
Existing LIPA transmission towers.
(c)
Existing public water tanks/towers.
(d)
Inside or concealed by steeples, cupolas or similar architectural features of commercial or institutional buildings.
(e)
Rooftops of existing buildings in commercial and industrial zones.
(f)
Existing structures in publicly owned rights-of-way or similar public properties as identified by the Town of Southampton.
(g)
Flagpoles not exceeding 20 inches in diameter and 35 feet in height within existing planted landscape islands on public or private streets in residential zones, or as site amenities on institutional, governmental or commercial properties.
(2)
Avoidance areas. New wireless communications facilities shall not be located in the following avoidance areas:
(a)
Flood hazard zones.
(b)
Central Pine Barrens (Core Preservation Area), unless approved by the Central Pine Barrens Joint Policy and Planning Commission.
(c)
Agricultural lands and open space/greenbelt areas, unless the installation is fully camouflaged or stealth.
(d)
Historically and culturally significant resources, unless it can be demonstrated that an installation will not adversely affect the historic resource and is fully reversible.
(e)
Existing single-family dwellings in residential zones.
(f)
Designated conservation areas, including, but not limited to, lands purchased through the Community Preservation Fund.
(g)
Scenic corridors or viewsheds, unless the installation is fully camouflaged or stealth.
(h)
Wetlands, both tidal and freshwater.
(3)
Determination or designation of opportunity sites and avoidance areas shall be based on maps prepared by the Town of Southampton and included in the Wireless Communications Master Plan, as may be amended periodically.
(4)
Personal wireless service facilities may be permitted in areas that are not considered opportunity sites as well as in avoidance areas subject to site plan and special exception review and approval of the Planning Board.
C.
AM array. For purposes of implementing this article, an AM array, consisting of one or more transmission support structures and supporting ground system which function as one AM broadcasting antenna, shall be considered one transmission support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the transmission support structures included in the AM array. Additional transmission support structures, not exceeding the height of the originally approved transmission support structures, may be added within the perimeter of the AM array without further special exception or site plan review, but are subject to the requirements of § 330-305.
§ 330-303 General requirements.
A.
Principal or accessory use. Antennas and transmission support structures may be considered either principal or accessory uses. The Chief Building Inspector shall make such determinations as appropriate.
B.
Lot size. For purposes of determining whether the installation of a transmission support structure or antenna complies with zoning regulations, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall govern even though the antennas or transmission support structures may be located on leased parcels within such lot.
C.
Inventory of existing sites. Each applicant for an antenna and/or transmission support structure, regardless of tier classification, shall provide the Department of Land Management (Planning Division) an inventory of existing transmission support structures, antennas, or sites approved for towers or antennas that are either located within the jurisdiction of the Town or within one mile of the boundary thereof, including such specific information about the location, height and design of each transmission support structure. This information may be shared with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Town of Southampton; provided, however, that the Town of Southampton is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
State and federal requirements. All transmission support structures must meet or exceed current standards and regulations of the FAA, the FCC and any other authority charged with the regulation of transmission support structures and antennas. If such standards and regulations are changed, then the owners of the transmission support structures and antennas governed by this article shall bring such transmission support structures and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring transmission support structures and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the transmission support structure or antenna at the owner's expense.
E.
Building permits required. Unless otherwise stated, all wireless communications facilities shall apply for and obtain a building permit prior to construction or installation and shall apply for and obtain a certificate of compliance upon completion of construction and/or installation. All applications for a building permit shall include certification that the structure and/or antenna complies with all applicable FCC and FAA regulations and all applicable state and/or local building codes. All building permit applications shall comply with the requirements of § 330-311.
F.
Building codes; safety standards. To ensure the structural integrity of the transmission support structure, the owner of a transmission support structure shall maintain the transmission support structure in compliance with standards contained in applicable state and/or local building codes (to include hurricane and tornado building standards), as well as the applicable standards for transmission support structures that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town concludes that a transmission support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the transmission support structure, the owner shall have 30 days to bring such transmission support structure into compliance with such standards. Failure to bring such transmission support structure into compliance within said 30 days shall constitute grounds for removal of the transmission support structure and/or antenna at the owner's expense.
G.
Measurement. For purposes of measurement, transmission support structure setbacks and separation distances shall be calculated and applied to facilities located within the Town, irrespective of municipal and county jurisdictional boundaries.
H.
Franchises. Owners and/or operators of transmission support structures or antennas shall certify that any franchises required by law for the construction and/or operation of the wireless communications system in the Town of Southampton have been obtained and shall file a copy of all required franchises with the Chief Building Inspector.
I.
Signs and NIER warning signs standards.
(1)
Signs. No commercial advertising shall be allowed on any antenna, antenna support structure, or related equipment cabinet or structure. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. Any permitted signage shall comply with the requirements of Article XXII, Signs, of this chapter the Town Code of the Town of Southampton. For the purpose of this section, prominent corporate logos shall be construed as commercial signage or advertising.
(2)
NIER warning signs. All wireless telecommunications facilities shall comply with all federal guidelines regarding fencing and NIER warning signs.
K.
Approval considered conforming use. Transmission support structures that are constructed and antennas that are installed in accordance with the provisions of this article shall be deemed to be conforming uses. Approved antennas installed on nonconforming buildings or structures shall not render such buildings or structures conforming.
L.
Any information of an engineering nature that the applicant submits, whether civil, mechanical, structural or electrical, shall be certified by a licensed professional engineer registered in the State of New York.
M.
All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all local, state, and federal laws, ordinances, rules, and regulations, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
§ 330-304 Exemptions.
A.
Transmission support structures and antennas erected by a governmental or quasi-governmental body, such as public safety or police operations, used exclusively for a governmental purpose are partially exempt from the provisions of this article, in that such applications shall comply with the building permit requirements of § 330-303E.
[Amended 6-24-2008 by L.L. No. 39-2008]
B.
The following are wholly exempt from the provisions of this article:
(1)
Ordinary maintenance to wireless communications facilities, as defined in § 330-301. Major and minor modifications will require review pursuant to the applicable procedures outlined in this article.
(2)
Licensed amateur (ham) radio stations and citizen band stations, provided that any such transmission support structure, or the installation of any antenna, is consistent with the height requirement of § 330-84C, and is owned and operated by a federally licensed amateur radio station operator.
(3)
Satellite dish antennas for residential home entertainment use with a diameter of six feet or less; satellite dish antennas for commercial use or those in excess of one dish antenna are subject to special exception review by the Planning Board.
(4)
Any antenna which is treated as exempt under 47 CFR 1.4000(a)(1), as it may be amended from time to time.
D.
In the event that a building permit is required for any emergency maintenance, reconstruction, repair, replacement, or installation of additional antennas, filing of the building permit application shall not be required until 30 days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair, replacement, or installation of additional antennas, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.
E.
This section does not preclude other exemptions that may apply under applicable law.
[Added 6-24-2008 by L.L. No. 39-2008]
§ 330-305 Permitted use/tier classifications and review procedures.
A.
No wireless communications facility shall be permitted except in accordance with the provisions of this article and any applicable sections of Chapter 330, Zoning, of the Town Code of the Town of Southampton.
B.
All installations regardless of tier shall demonstrate compliance with the antenna standards of § 330-307 prior to the issuance of any approval.
C.
All construction and/or installation in connection with a wireless communications facility (infrastructure or antenna) regardless of tier shall comply with the building permit requirement of § 330-303E.
D.
Wireless communications facilities shall be classified as follows:
(1)
Tier One. Applications that qualify for Tier One status are considered permitted uses and shall not be subject to site plan/special exception review by the Planning Board pursuant to § 330-122 and §§ 330-182 through 330-184. Tier One classification shall be limited to applications that meet the following:
(a)
The addition of up to six antennas to a legally existing transmission support structure by any one service provider, provided that:
[Amended 6-24-2008 by L.L. No. 39-2008]
[1]
Said antennas do not individually or collectively extend the height of said structure by more than 10 feet; and
[2]
Said antennas do not require substantial or major structural modification to the transmission support structure; and
[3]
Said antennas do not cause interference with any other antennas existing on the transmission support structure; and
(b)
Structural modifications or reconstruction of a legally existing transmission support structure, provided that said modifications and reconstruction are in kind, with no increase in the height or diameter of the transmission support structure. A reconstructed transmission support structure shall not be relocated except to a more conforming location that is within 50 feet of its existing location. In the case where the Chief Building Inspector finds that the reconstruction or modification involves a substantial change in the nature of the existing use and therefore does not qualify for Tier One classification, the application shall require special exception permission from the Planning Board.
(c)
Switching out equipment, removal of existing antennas and replacement with a different kind or type not to exceed the amount permitted, and other minor modifications that do not change the existing transmission support structure or base station.
(d)
Modification of/addition to an existing equipment cabinet provided all applicable setbacks are met, the addition does not exceed 25% of the size of the existing equipment cabinet, and all design standards of § 330-309 are met.
(e)
Construction of a new equipment shelter not associated with an antenna installation within an existing and approved base station area, provided the new shelter or cabinet does not exceed 300 square feet in total area and 10 feet in height. The construction of said shelter shall meet all required setbacks for accessory structures, be consistent in terms of design with other approved structures within the base station, and meet the standards of § 330-309.
(f)
Transmission support structure heights may not be incrementally extended per application beyond the initial 10 feet permitted pursuant to Subsection D(1)(a)[1] of this section. Any proposed extension to an existing transmission support structure beyond 10 feet shall require special exception review and approval.
(g)
Roof, side or interior antenna mounts on or within an existing building or structure shall be subject to Tier Two review requirements.
(2)
Tier Two. Applications that qualify for Tier Two status are considered permitted uses and shall not be subject to site plan/special exception review by the Planning Board pursuant to § 330-122 and §§ 330-182 through 330-184, unless specified herein. Prior to the issuance of a building permit, applications made pursuant to this section shall be referred to the Architectural Review/Design Review Board for review and approval based on the criteria listed herein. Tier Two classification shall be limited to applications that meet the location standards of § 330-302B, the standards of §§ 330-307 through 330-309, as well as the following:
(a)
Installation of antenna(s) on existing commercial buildings or structures with a certificate of occupancy for a commercial or industrial use, or the installation of antennas on or within a building or structure owned and maintained by the Town of Southampton, which do not increase the total height of the structure more than 10 feet but in any case do not exceed the maximum height requirements of the applicable zoning district; are not located on lands otherwise restricted by easements or covenants, including, but not limited to, open space, agricultural or Community Preservation Fund purchased lands; and meet the applicable standards of §§ 330-307 through 330-309. Antennas proposed for installation on or within existing buildings or structures located in a recognized or protected historical structure, area or district shall be subject to special exception review by the Planning Board.
[Amended 6-24-2008 by L.L. No. 39-2008]
(b)
The addition of antennas to existing utility poles (telephone poles, utility distribution poles, streetlights, traffic signal stanchions, etc.), transmission line towers, public water towers, or similar existing structures as determined by the Planning Division, provided such installation is found to meet the applicable standards of §§ 330-307 through 330-309.
(c)
The installation of antennas within an existing or proposed architectural feature on an existing building, such as a steeple, clock tower, cupola, bell tower, or similar, provided such installation and/or construction is found to meet the applicable standards of § 330-307.
(d)
New alternative transmission support structures (e.g., flagpoles) proposed for construction on Town-owned property (to include existing landscape islands on dedicated streets) or private property, provided that all the applicable standards of §§ 330-307 through 330-309 are met and flagpoles meet the restriction as defined in § 330-301. All other flagpoles shall be subject to special exception review.
[Amended 6-24-2008 by L.L. No. 39-2008]
(e)
Consolidations of two or more existing transmission support structures at the same location to a new single structure with associated antennas that represents a reduction of 25% in total height (AGL), provided such application is found to meet the applicable standards of §§ 330-307 through 330-309. All other consolidation applications shall require special exception review and approval by the Planning Board.
(f)
Standards. Any application for antenna installation on or within an existing commercial or public building or structure made pursuant to this section shall utilize camouflage or stealth techniques and retain the architectural features, materials and character of the building or structure. In its review of an application made pursuant to this section, the Architectural/Design Review Board (ARB/DRB) shall ensure the applicable visual compatibility standards of § 330-307 are met.
(g)
Remedy. Wireless communications facilities which are denied by the Architectural/Design Review Board for failure to meet the standards of this section shall require special exception review and approval by the Planning Board.
(3)
Tier Three. Applications that qualify for Tier Three classification are considered permitted uses but shall be subject to site plan review by the Planning Board pursuant to the procedures of §§ 330-182 through 330-184, inclusive. The Planning Board shall consider whether a public hearing is necessary pursuant to § 330-184D. Tier Three classification shall be limited to applications that are found to meet the location standards of § 330-302B and the following:
(a)
The installation of more than six new antennas to an existing transmission support structure by any one service provider, with or without the construction of any additional base station equipment.
[Amended 6-24-2008 by L.L. No. 39-2008]
(b)
The construction of new transmission support structures or alternative transmission support structures with antenna installations proposed on properties zoned Highway Business (HB) or Light Industrial (LI-40 or LI-200), that meet the following standards:
[1]
Any application for new transmission support structures and antenna installation made pursuant to this section shall utilize camouflage or stealth techniques.
[2]
The height of the new transmission support structure including the antennas shall not project higher than 15 feet above the average existing tree canopy height measured from ground level (AGL).
[3]
If there is no surrounding vegetation, the height of the new transmission support structure including the antennas shall not project higher than 10 feet above the average existing/proposed building height measured from ground level (AGL) within 660 feet of the proposed facility; in any case not to exceed 50 feet.
(c)
The construction of new transmission support structures within street, utility and railroad rights-of-way in any zoning district (i.e., new utility poles, new utility distribution poles, new monopole, etc.) and mounting of antennas for wireless communications purposes, provided such construction and installation will not have a deleterious effect on the nature and character of the community and neighborhood, and the provisions of § 330-312 are met and the following standards are met:
[1]
The applicant has express written permission from the entity responsible for the public street, utility and/or railroad right-of-way to apply for installation of wireless communications facilities in the proposed location, and has executed any necessary franchise agreements to the satisfaction of the Town Attorney.
[2]
The right-of-way or street is not within a nominated or designated scenic corridor or Historic Hamlet Heritage Area and the transmission support structure and antennas will not be placed so as to impact any viewshed important to the community.
[3]
The height of new freestanding transmission or alternative transmission support structures within street, utility and railroad rights-of-way, including the antennas shall not exceed 35 feet AGL. Any new transmission support structure proposed in excess of this height requirement shall be subject to special exception review.
[4]
If the application involves the mounting of antennas upon existing structures within street, utility or railroad rights-of-way, the antennas shall not project higher than 10 feet higher than the existing structure and shall be stealth or camouflaged to match the existing structure.
[5]
The support equipment shall be installed in an existing building or in underground vaults, where possible. If an equipment shelter is proposed, it shall meet the standards of § 330-309.
[6]
Wireless communications facilities proposed within street, utility and railroad rights-of-way that propose the construction of a separate structure used solely for antennas shall be subject to the zoning provisions applicable to the property abutting the portion of right-of-way where the structure is proposed. In cases where the abutting property on either side of the right-of-way has different zoning, the more restrictive zoning provisions shall apply.
E.
Wireless communications facilities that do not meet the location standards of § 330-302B and/or the criteria for tier classification shall require special exception review and approval.
F.
Certain wireless facilities may be exempted from camouflage requirements by the Planning Board when it can be demonstrated to be of outstanding, unique and artistic architectural design.
§ 330-306 Special exception uses; special conditions and safeguards.
A.
General. In granting a special exception use, the Planning Board may impose conditions to the extent that the Planning Board determines such conditions are reasonably necessary to minimize any adverse impacts from the proposed transmission support structure on adjoining properties. No wireless communications facility shall be installed or constructed until the application is reviewed and approved by the Planning Board.
B.
Presubmission conference. An applicant may be required to submit an environmental assessment form and a visual addendum. Based on the results of the assessment, including the visual addendum, the Planning Board may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the preapplication meeting.
(1)
Prior to the submission of a special exception application for a transmission support structure or an alternative support structure that exceeds the thresholds of § 330-305, the applicant or his agent shall meet with the Planning Board through a presubmission conference. The purpose of such a conference shall be to discuss the proposed development in order for the Planning Board to determine conformity with the provisions and intent of this article.
(3)
The Planning Board shall schedule the presubmission conference within 45 days from the date of request including the above information or the applicant shall be permitted to submit the special exception application to the Planning Board, in which case the Planning Board may require said alternatives as part of the special exception review.
C.
Factors considered in granting special exception permission. In addition to the general requirements set forth in this article and any general standards for consideration of special exception applications set forth in this chapter, the Planning Board shall consider the following factors in determining whether to issue special exception permission:
(1)
Height of the proposed transmission support structure.
(2)
Proximity of the transmission support structure to residential structures and residential district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the transmission support structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness and other potential environmental impacts.
(7)
Proposed ingress and egress.
(8)
Availability of suitable existing transmission support structures and antennas and other structures, or alternative technologies not requiring the use of transmission support structures.
(9)
No new transmission support structure or antenna shall be permitted unless the applicant demonstrates, to the reasonable satisfaction of the Planning Board, that no existing transmission support structure, alternative transmission support structure, or alternative technology can accommodate the applicant's proposed purpose. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing transmission support structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing transmission support structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing transmission support structures or structures are located within the geographic area, which meet applicant's engineering requirements.
(b)
Existing transmission support structures or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing transmission support structures do not have sufficient structural strength to support the co-location of the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on existing transmission support structures or structures, or the antenna on the existing transmission support structure or structure would cause interference with the applicant's proposed antenna.
(e)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(f)
The applicant demonstrates that an alternative technology that does not require the use of transmission support structures of structures is unsuitable. Costs of alternative technology that exceed new transmission support structure or antenna development shall not be presumed to render the technology unsuitable.
§ 330-307 Visual compatibility standards.
A.
All wireless telecommunications facilities shall be subject to the following visual compatibility standards in addition to any other applicable standards:
(1)
Existing alternative transmission support structure.
(a)
When located on existing alternative transmission support structures, the placement of the antenna on the structure should reflect the following order of priority in order to minimize visual impact:
[1]
A location as close as possible to the center of the structure; or
[2]
Along the outer edges or side-mounted, provided, that in this instance, additional means such as screens should be considered and may be required by the approving authority on a case-by-case basis; and
[3]
When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.
(b)
Commercial flags or advertising shall not be permitted on flagpole installations.
(2)
Structure mount, height. The height of any freestanding alternative transmission support structure including antennas shall not project higher than 35 feet above ground level (AGL), and flagpoles shall not have a diameter greater than 20 inches. All other applications shall be subject to special exception review by the Planning Board.
(3)
Roof and interior mount. The following standards shall apply:
(a)
Facilities mounted on a roof or within an interior shall be stepped back from the front facade in order to limit their impact on the building's silhouette and architectural design.
(b)
On commercial or public buildings which exceed the height limitations of the zoning district (nonconforming), the antenna array or mount shall not extend higher than the existing height of said building.
(c)
Antenna(s) shall not extend more than 10 feet vertically above the uppermost portion of the building to which it is mounted or attached. When an antenna extends above the roof height of a conforming building on which it is mounted, every effort shall be made to conceal the facility within or behind existing or proposed architectural features to limit its visibility from public ways or other sensitive receptors.
(d)
When an architectural feature (i.e., steeple, cupola, etc.) is proposed to conceal the antenna facility on a rooftop, said feature shall be found to be appropriate for and compatible with the architecture and style of the building on which it is placed.
(e)
Roof mounts on buildings shall have railings to protect workers and notices shall be posted to warn of radio frequency radiation.
(4)
Side mount. Antennas which are side-mounted shall not project more than 24 inches horizontally from the face of the mounting structure, shall blend with the existing building's architecture, and shall be painted or shielded with color or material that is consistent with the design features and materials of the building. Any wiring or cables associated with a side mount installation shall not be conspicuous on the building.
(5)
An antenna proposed to be affixed to an existing or proposed transmission support structure shall be grey, silver, light blue or other color found to blend with the color of the transmission support structure.
B.
Color.
(1)
Except as specifically required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), the following standards shall apply:
(a)
Transmission support structures, alternative transmission support structures and antennas shall use nonreflective colors such as gray, silver or light blue which reduce their visual impacts when they extend above the height of vegetation.
(b)
Antennas which are side- and/or roof-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
(c)
The Planning Board and Architectural Review/Design Review Board may require the use of other colors or materials in order to achieve a reduced visual impact and further the goals of this article.
C.
The reviewing board shall ensure that a specific type of stealth installation is not over-utilized or concentrated in any one area or property so as to defeat the purpose of concealing antenna arrays by appearing unnatural or inconsistent with the surrounding landscape. This shall be accomplished by requiring the applicant to submit documentation of where the proposed stealth or camouflage technique is used elsewhere in the Town and within a one-mile boundary of neighboring jurisdictions.
§ 330-308 Site design standards.
A.
To the extent that there is no conflict with the color and lighting requirements of the Federal Aviation Administration for aircraft safety purposes, transmission support structures and alternative transmission support structures shall be designed to blend with existing surroundings to the extent feasible. This should be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed transmission support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.
B.
Landscaping. Wireless communications facilities that are not stealth or camouflaged from public viewing areas by existing buildings or structures shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer.
(1)
The following requirements shall govern the landscaping surrounding transmission support structures:
(a)
The standard buffer shall consist of a landscape strip at least 25 feet wide outside the perimeter of the base station/compound.
(b)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as transmission support structures sited on large, wooded lots, natural growth around the property perimeter may form a sufficient buffer.
(c)
Climbing evergreen shrubs or vines capable of growing on the fence of the base station or compound shall supplement any landscaping required.
(d)
Any proposed planting plan shall consist of a mix of species so as to discourage monoculture plantings. To the extent practicable, native and drought-tolerant species shall be utilized.
(e)
The Planning Board may increase or reduce the aforementioned landscaping requirements based on site conditions. Reduction of landscape requirements may only be considered when it is demonstrated that no significant adverse impact to the surrounding properties will occur and the goals of this article can be achieved.
(2)
Landscaping installation and maintenance. The applicant shall be required to install and maintain landscaping. A two-year landscape maintenance bond shall be required to be posted prior to the issuance of a certificate of compliance for the wireless facility.
C.
Fencing.
(1)
All wireless telecommunications facilities shall comply with all federal guidelines regarding fencing and NIER warning signs.
(2)
Security fences. Transmission support structures shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided however, that the Planning Board may waive such requirements, as it deems appropriate.
(3)
Wood or vinyl slats shall be woven into the security fence if made of chain-link material when the Planning Board finds that such additional screening is appropriate.
D.
Access. Regardless of location, any road or access used to a new wireless communications facility is required to be assessed for stormwater and erosion by a licensed professional engineer. Once the Planning Board and/or Town Engineer has the opportunity to review the assessment, if it or he believes there is the potential for erosion and/or stormwater drainage issues exist, the Planning Board has the authority to require a plan to mitigate the potential impacts.
E.
Lighting.
(1)
Except as specifically required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), transmission support structures, alternative transmission support structures and antennas shall not be illuminated, except equipment shelters may use limited lighting for security reasons, provided the lighting source is dark-sky compliant with full cutoff fixtures that prohibit light trespass to adjoining properties and streets.
(2)
The Planning Board and/or the Architectural Review Board/Design Review Board may require a lighting plan for review and approval.
F.
Signage. Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of an antenna that has radio frequency or microwave transmission capabilities and shall contain the name(s) of the owners(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. No other signage, including advertising, shall be permitted.
G.
Setbacks. The following minimum setback requirements shall apply to all transmission support structures and antennas:
(1)
Transmission support structures must be set back a distance equal to at least 100% of the height of the structure from any adjoining lot line.
(2)
All accessory buildings or structures must satisfy the minimum zoning district setback requirements.
(3)
The Planning Board may reduce the aforementioned setbacks, provided that no existing or future residence is or can be located within proximity of such setback, no significant adverse impact to the surrounding properties will occur and the goals of this article can be achieved.
H.
Additional transmission support structure requirements.
(1)
The use of guyed towers is prohibited. Proposed transmission support structures shall be self-supporting without the use of wires, cables, beams, or other means, unless specifically found to achieve the goals of this article. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.
(2)
The base of any transmission support structure shall occupy no more than 500 square feet, and no portion of the transmission support structure (tower, monopole, etc.) shall be larger than the base.
I.
Separation/fall zone. The following separation requirements shall apply to all transmission support structures and antennas:
(1)
Separation from off-site uses/designated areas.
(a)
Transmission support structure separation shall be measured from the base of the transmission support structure to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b)
Separation requirements for transmission support structures shall comply with the minimum standards established in Table 1.
(c)
The Planning Board may reduce the aforementioned separation requirements, provided no significant adverse impact to the surrounding properties will occur and the goals of this article can be achieved.
Table 1 | |
|---|---|
Separation Distances From Off-Site Uses | |
Off-Site Use/Designated Area | Separation Distance |
Single-family or two-family residential units | 200 feet or 300% height of transmission support structure, whichever is greater |
Vacant single-family residentially zoned land which has received final subdivision approval or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of transmission support structure, whichever is greater |
Vacant unplatted residentially zoned lands | 100 feet or 100% height of transmission support structure, whichever is greater |
Existing multifamily residential housing greater than two units | 200 feet or 300% height of transmission support structure, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | See § 330-308G |
(2)
Separation distances between transmission support structures.
(a)
Separation distances between transmission support structures shall be applicable for and measured between the proposed transmission support structure and preexisting transmission support structures. The separation distances shall be measured by drawing or following a straight line between the base of the existing transmission support structure and proposed base, pursuant to a site plan, of the proposed transmission support structure. The separation distances shall be as shown in Table 2.
(b)
The Planning Board may reduce the aforementioned separation requirements, provided that no significant adverse impact to the surrounding properties will occur and the goals of this article can be achieved.
Table 2 | |||
|---|---|---|---|
Separation Distances Between Existing and Proposed Transmission Support Structure Types | |||
Transmission Support Structure Type | Lattice or Existing Guyed | Monopole 75 Feet in Height or Greater | Monopole Less Than 75 Feet in Height |
Lattice | 5,280 feet (1 mile) | 2,640 feet (.50 mile) | 660 feet (.125 mile) |
Monopole 75 Feet in Height or Greater | 2,640 feet (.50 mile) | 1,320 feet (.25 mile) | 660 feet (.125 mile) |
Monopole Less Than 75 Feet in Height | 750 feet (.142 mile) | 750 feet (.142 mile) | Zoning district setbacks apply |
§ 330-309 Equipment cabinet/base station equipment shelter.
A.
Equipment shelters for wireless communications facilities shall be designed consistent with one of the following design standards:
(1)
Equipment shelters shall be located in underground vaults; or
(2)
Equipment shelters shall be designed consistent with traditional Southampton architectural style and materials, consisting of a roof pitch of at least 10/12 and wood clapboard or shingle siding or a composite equivalent; or
(3)
Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed shelter, and/or wooden fence. The Planning Board shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
(4)
The related unmanned equipment cabinet or structure for each provider shall not exceed 10 feet in height or a total of 500 square feet of gross floor area when located on the roof of a building, or shall not exceed 12 feet in height or a total of 750 square feet of gross floor area when located on the ground.
(5)
The Planning Board may require several proposed equipment cabinets to be condensed into a single structure with multiple secure entrance points, if feasible and warranted due to site constraints or aesthetics on a property.
(6)
Any lighting proposed for equipment shelters shall be consistent with the requirements of § 330-308E. The Planning Board shall encourage the use of motion sensor lighting on equipment shelters, where appropriate.
(7)
The Planning Board may modify the aforementioned requirements, provided that no significant adverse impact to the surrounding properties will occur and the goals of this article can be achieved.
§ 330-310 Location within street, utility and railroad rights-of-way.
A.
The mounting of antennas upon existing structures, such as light and utility poles, located within publicly or privately maintained street, utility and railroad rights-of-way shall be reviewed for zoning purposes pursuant to § 330-306 or 330-308, as applicable. However, this authorization shall not be construed as granting a right to use any property without the permission of the property owner, or as granting any right to use the public rights-of-way or any facilities therein. Such use may be authorized by the Town, where applicable, by means of a ground lease or site lease, or by such other legal instrument as the Town may from time to time require. The Town reserves all its rights under applicable law with respect to use of the public rights-of-way and other Town property.
B.
The placement of antennas on existing or replacement structures within street, utility or railroad rights-of-way is the preferred alternative in residential neighborhoods, and the feasibility of such placement shall be considered by the Town whenever evaluating a proposal for a new transmission support structure.
C.
When applying for construction or installation on Town-owned properties, the applicant shall obtain written notice from the Town of Southampton's Division of Management Services to verify that the Town land, building, or facility sought for use is available for lease, and shall indicate the lease area prior to application review. All requirements within the Town's lease agreement shall be met prior to the issuance of a building permit.
§ 330-311 Application requirements.
A.
In addition to any other building permit application requirements, a building permit application for any wireless communications facility shall also include:
(1)
A site plan which shows existing and proposed transmission support structures and all related equipment and equipment shelters, including, but not limited to, warning signs, lighting, fencing and access restrictions;
(2)
A description of the proposed transmission support structure(s), including details and elevations showing height above grade, materials, color and lighting; and
(3)
A report by a registered professional civil or structural engineer licensed in the State of New York demonstrating compliance with applicable structural standards and describing the general structural capacity of any proposed transmission support structure(s), including the total number and type of antennas that can be structurally accommodated (potential for co-location);
B.
Planning Board requirements for Tier Three site plan applications and all special exception applications. In addition to all site plan requirements listed in § 330-183, and the information listed in Subsection A above, an application for any wireless communications facility which is subject to site plan and special exception application procedures shall also include:
(1)
The name and address of the operator(s) of proposed and existing antennas on the site;
(2)
The height of any proposed antennas;
(3)
A sworn affidavit statement from a qualified professional with bona fide experience in acoustics or radio frequency (resume with qualifications required to accompany statement) or a registered engineer licensed by the State of New York to include:
(a)
The calculated NIER levels attributable to the proposed antennas at points along the property line and other areas off-site which are higher than the property line points, as well as calculated power density (NIER levels) in areas that are expected to be unfenced on site; and
(b)
A certification that, as proposed, the wireless facility complies with all applicable FCC guidelines concerning radio frequency radiation and NIER standards.
(4)
A site plan drawn to a minimum scale of one inch equals 40 feet, indicating the location, type and height of the proposed transmission support structure, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Comprehensive Plan classification of the site and all properties and uses within the applicable separation distances set forth in § 330-308I(1); all adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed transmission support structure and any other structures, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this article.
(5)
The legal description of the parent tract and leased parcel (if applicable).
(6)
The setback distance between the proposed transmission support structure and the nearest residential unit, platted residentially zoned properties in an approved plot plan and unplatted residentially zoned properties.
(7)
The separation distance from other transmission support structures described in the inventory of existing sites submitted pursuant to § 330-308I(2) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing transmission support structures and the owner/operator of the existing transmission support structures, if known.
(8)
A landscape plan showing specific landscape materials.
(9)
Method of fencing, finished color and, if applicable, the method of camouflage and illumination.
(10)
A description of compliance with all applicable sections of this article and all applicable federal, state or local laws.
(11)
A notarized statement by the applicant's engineering consultant as to whether construction of the transmission support structure will structurally accommodate co-location of additional antennas for future users, and an approximation of how many antennas may be co-located.
(12)
Identification of the entities providing the backhaul network for the transmission support structure(s) described in the application and other sites owned or operated by the applicant in the municipality.
(13)
A description of the suitability of the use of existing transmission support structures, other structures or alternative technology not requiring the use of transmission support structures or structures to provide the services to be provided through the use of the proposed new transmission support structure.
(14)
A description of the feasible locations of future transmission support structures or antennas within the Town based upon existing physical, engineering, technological or geographical limitations in the event that the proposed transmission support structure is erected.
C.
Application fees shall be set according to fee schedules issued from time to time by the Town Board of the Town of Southampton.
D.
Technical evaluation. The Planning Board may retain the services of a registered professional engineer accredited by the State of New York or other technical expert that can provide technical evaluation of permit applications for proposed wireless communications facilities. The Planning Board is authorized to charge the applicant for these services pursuant to § 330-183B(4).
§ 330-312 Historic structures; historic districts.
A.
Wireless communications installations on or within historic structures shall avoid unnecessary replacement of any historic building feature or substitution of modern materials for historic ones.
B.
In its review of a special exception application for installation of antennas camouflaged or concealed within an historic structure, or placed within a Hamlet Heritage Area or Historic District, the Planning Board shall refer said application to the landmarks and Historic Districts Board for review and recommendation.
C.
The applicant shall utilize the Secretary of the Interior's Standards for Rehabilitation (Department of Interior Regulations, 36 CFR 67) for guidance on retaining the integrity of historic buildings or structures; and shall demonstrate compliance with said standards to the satisfaction of the Planning Board.
D.
Any wireless installation within a Hamlet Heritage Area or Historic District shall be camouflaged or stealth so as not to impede or impair the significance of the historic setting.
§ 330-313 Interference; NIER exposure; shock and burn standards.
A.
Interference. Permit applications for all wireless communications facilities shall include a statement signed by a licensed professional electrical engineer or qualified professional radio frequency engineer that the proposed communication facility meets all federal interference rules and regulations.
B.
NIER exposure. A communication facility, by itself or in combination with others, shall not expose the public to NIER that exceeds the electric or magnetic field strength, or the power density, for the frequency ranges and durations described in 47 CFR 1.1310 or any other applicable federal law or regulation. A statement signed by a licensed professional electrical engineer or qualified professional radio frequency engineer shall be submitted that states that the proposed communications facilities meet all federal NIER rules, regulations and standards.
§ 330-314 Monitoring and maintenance.
A.
After the wireless telecommunications facility is operational, the applicant shall submit within 90 days of the issuance of a certificate of compliance and at annual intervals, the existing measurement of RFR from the wireless telecommunications facilities. Such measurements shall be signed and certified by an RF engineer, stating that the RFR measurements are accurate and meet FCC guidelines as specified in the radiofrequency standards section.
B.
Noise measurements. Facilities with mechanical ventilation, power generators or other proposed sources of noise, or when required by the Planning Board, shall submit within 90 days of the issuance of a certificate of compliance, and at annual intervals, the existing measurements of noise from the wireless communications facility. Such measurement shall be signed by a professional acoustical engineer, stating that noise measurements are accurate and meet the noise standards of the Town Code of the Town of Southampton.[1]
[1]
Editor's Note: See Ch.. 235, Noise.
C.
The applicant and/or owner shall maintain the wireless communications facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.
D.
The owner or operator of a wireless communications facility shall provide for and conduct an inspection of mounts at least once every five years. A report issued by a New York State licensed professional engineer shall be provided to the Town of Southampton Planning Department verifying compliance with previous approvals and the Town Code.
E.
NIER enforcement. The Chief Building Inspector or the Public Safety Administrator shall have the authority to take any necessary steps to seek FCC enforcement of the relevant standards, or, to the extent consistent with applicable law and FCC regulations, to take such other steps as may be appropriate to rectify such a violation.
F.
All permits granted under this article shall be subject to renewal by the applicant at ten-year intervals. At such time, the Planning Board shall determine whether the technology in the provision of a wireless communications facility has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of any such change.
§ 330-315 Cessation of use.
A.
An antenna shall be removed from a transmission support structure or alternative transmission support structure at the owner's sole cost within 180 days after the antenna is no longer operational unless the owner of the antenna can show to the Town's satisfaction that the antenna is likely to be used again within the next six months. A transmission support structure for wireless communications facilities shall be removed within one year of the date the last antenna is removed. Antennas or transmission support structures that are not removed within the time frames described herein may be removed by the Town or a contractor designated by the Town, and the owner of the antenna or transmission support structure shall reimburse the Town for its costs in removing the antenna or transmission support structure.
B.
If there are two or more users of a single transmission support structure, then this provision shall not become effective until all users cease using the transmission support structure.
C.
Nothing herein prevents a landlord from removing antennas of tenants which are in default under the terms of a lease agreement.
§ 330-316 Preexisting transmission support structures and antennas.
A.
Preexisting transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article.
B.
Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southampton that is out of compliance with the building and zoning requirements in the Town Code, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article.
C.
Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits.
D.
Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article.
§ 330-317 Penalties for offenses.
A.
Violations. Where a violation of this article has been committed or shall exist, the owner and the agent or contractor of the wireless communications facility where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire wireless communications facility where such violation has been committed or shall exist, and the agent, contractor, or any other person who takes part or assists in such violation or who maintains any wireless communications facility in which any such violation shall exist shall be guilty of a violation of this article.
B.
Criminal penalties. A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $1,500 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,500 nor more than $2,500 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this article shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
C.
Administrative penalty.
(1)
In addition to other remedy available, where a person has been found guilty of a violation of this article after trial or a plea of guilty, and the Building Inspector determines that the violation continues to exist 30 days after such conviction, the Building Inspector shall certify the violation in writing to all other local agencies responsible for the issuance of approvals and permits under this article. A copy of the certification shall be mailed to the owner of the property as listed on the most recent assessment roll on file in the Tax Assessor's office. However, failure to notify the property owner shall not have any effect on the validity of the certification.
(2)
The certification shall include the location of the property by Suffolk County Tax Map number, the name of the individual or entity convicted of the violation and his or her relationship to the property and the nature of the violation.
(3)
After receipt of the certification, no local board or agency shall accept, determine to be complete or otherwise process a new application or issue any approval with respect to a pending application under this article for the subject property.
(4)
Until the violation identified in the certification has been removed or corrected or the Building Inspector has determined that the illegality no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, any time periods contained in the Town Law or in this article for action on an application shall be tolled for all purposes.
(5)
This subsection shall not apply to an application brought to the appropriate local agency for an interpretation, variance, special exception or change of zone to permit the structure or use which is the subject of the certification.
(6)
After the violation has been removed or corrected or no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, the Building Inspector shall immediately rescind the certification and notify all boards and agencies that received the certification, in writing, that administrative review of applications on the property may be resumed.
D.
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct, business or use in or about such premises.