Southampton Village
City Zoning Code
City Zoning Code
ARTICLE X
Personal Wireless Service Facilities
§ 116-70 Legislative intent.
This article is intended to establish general guidelines for the locating of wireless communication towers, antennas, ground equipment and related accessory structures and design of personal wireless services facilities. The provisions of this article are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. These standards shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. The purpose and intent of this article are to:
A.
Accommodate the growing need and demand for wireless communications services.
B.
Enhance the ability of the providers of personal wireless services to provide such services to the community quickly, effectively, and efficiently.
C.
Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting personal wireless services.
D.
Respond to the policies embodied in the Federal Communication Commission's Declaratory Ruling and Third Report and Order of September 27, 2018, in such a manner as to not effectively prohibit the provision of wireless services.
E.
Protect the character and attractiveness of the Village while meeting the needs of its citizens to enjoy the benefits of communications services.
F.
Protect the health, safety, and general welfare of the community.
G.
Establish review procedures to ensure that applications for communications facilities are reviewed for compliance with federal, state, and local regulations and acted upon within a reasonable period of time as required by applicable state and federal regulations.
H.
Promote personal wireless service facilities' compatibility with surrounding land uses, and protect the attractiveness, health, safety, general welfare, and property values of the community.
I.
Minimize the impacts of wireless communications facilities on surrounding land uses by establishing standards for location, structural integrity, and compatibility.
J.
Encourage the use of existing structures, including, but not limited to, rooftops, utility poles and church steeples for deploying personal wireless service facilities.
K.
Allow for alternative types of personal wireless service facilities in any location subject to standards.
L.
Caution users of guyed and lattice towers, monopoles, and antennas to locate, site and design them in a way that minimizes the adverse visual impact of the lattice or guyed towers, monopoles, and antennas.
M.
Expedite the review process for those applications choosing the least intrusive alternative to deploying personal wireless service facilities.
§ 116-71 Exempt facilities.
The following items are exempt from the standards for wireless communication facilities, notwithstanding any other provisions:
A.
Satellite earth stations used for the transmission or reception of wireless communications signals with satellites, that are one meter (39.37 inches) or less in diameter in all residential zones and two meters or less in all other zones.
B.
A temporary wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the Village designee; except that such facility must comply with all federal and state requirements. No communications facility shall be exempt from the provisions of this section beyond the duration of the state of emergency.
C.
A government-owned communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.
D.
A temporary wireless communications facility for the purposes of providing coverage of a special event, and subject to federal and state requirements. Said communications facility may be exempt from the provisions of this section up to one week before and after the duration of the special event.
E.
Amateur radio towers solely used for licensed amateur services up to 50 feet in height.
§ 116-72 Preexisting and unpermitted facilities.
A.
A personal wireless service facility for which a permit has been issued prior to the effective date of this article shall be deemed a permitted use and an eligible support structure, subject to the conditions of that permit. When an unpermitted personal wireless service facility is identified by the Village of Southampton to be attached to a mount approved for another use or personal wireless service facility, the attached personal wireless service facility must apply for a separate siting application, even when:
B.
Unpermitted personal wireless service facilities will be considered out of compliance with this article and subject to abatement.
C.
Damaged or destroyed facilities may be rebuilt and all such facilities may be replaced by facilities of the same type and height at the same location, provided that guyed or lattice towers may be changed to mounts of lesser visual intensity.
D.
Placement of co-location on a legally nonconforming structure shall not be considered an expansion of the nonconforming structure. However, placement of any co-location or any other portions of a personal wireless service facility on an existing structure, whether legally nonconforming or in, as well as out of, compliance, shall require an application to be obtained for the personal wireless service facility under the terms of this article.
E.
Any carrier with at least one preexisting personal wireless service facility in the Village of Southampton that is out of compliance with the Village of Southampton building and zoning requirements, prior to the adoption of this article, shall not be eligible for any new approvals of personal wireless service facilities by the Village until the preexisting personal wireless service facility or personal wireless service facilities are brought into compliance with this article.
F.
No issuance of any permit under this article shall occur for a request to co-locate on an existing personal wireless service facility site, mount or facility, when such existing site, mount or facility is found to have one or more personal wireless service facilities without permits and/or any structure, mount or facility is found to lack one or more building, electrical or any other permits required by the Village of Southampton Building Inspector and the laws the Building Inspector is authorized to implement and enforce.
G.
Any application by a wireless carrier or other entity shall not be accepted by the Village of Southampton if that wireless carrier has a preexisting personal wireless service facility on, or the other entity owns, a mount, rooftop or tower, on which there is any unpermitted personal wireless service facility until that personal wireless service facility is brought into compliance with this article.
§ 116-73 Unacceptable applications for personal wireless service facilities.
A.
Any application for site plan review and/or special permit for a personal wireless service facility shall not be accepted by the Building Inspector, or any other representative of the Village of Southampton if:
(1)
The applicant owns any other use, structure or facility in the Village of Southampton that has been shown by the Village Assessor to be in arrears from the most recent property tax bill.
(2)
The owner of the property or the owner of the structure to which the personal wireless service facility is proposed for attachment has been shown by the Tax Assessor to be in arrears from the most recent property tax bill.
(3)
The applicant owns any other use, structure or facility in the Village of Southampton that has not received proper zoning and/or building permits in accordance with this article.
(4)
The owner of the property or the owner of the structure to which the personal wireless service facility is proposed for attachment has not received proper zoning permits or building permits in accordance with this article for any other property or structure of which one of more personal wireless service facilities is lawfully or unlawfully attached.
B.
No such application shall be accepted by the Village until outstanding property taxes or permit violations are satisfied.
§ 116-74 Tiered permit process.
The Village of Southampton Building Department shall receive all personal wireless service facility siting applications and assign each application to one of the following tiers. These tiers represent a ranking for the preferred design of future personal wireless service facilities, with Tier One applications being the most preferable, and Tier Three applications being the least preferred. Where an applicant proposes a new Tier Three personal wireless service facility, each applicant shall demonstrate why adequate coverage in the proximity of the site by either a Tier One and/or Tier Two facility cannot be provided.
A.
Tier One (Village street rights-of-way). Small wireless service facilities on existing, replacement or new utility poles inside Village street rights-of-way.
C.
Tier Three (public or private property). New tower or other structure for purposes of installing transmission equipment outside of a right-of-way (ROW) which is proposed on public or private property.
§ 116-75 Location standards.
The approval of personal wireless service facilities shall be subject to meeting or exceeding the following standards:
A.
Avoidance areas. A personal wireless service facility should not be located in the following avoidance areas:
(1)
On lots which are designated preserved through the Community Preservation Fund (CPF) or designated nature preserves.
(2)
In locations which are within, or which are within 500 feet of, designated areas of natural, cultural, historic, agricultural, or scenic resources, among others. These areas shall include but are not limited to:
(a)
Suffolk County Agricultural Districts, active farm operations, and on farmland, in general.
(b)
Historic districts and historic landmarks along with any building or site on the National Register of Historic Places or the New York State eligible list, National Natural Landmarks, Southampton Village landmarks and historic districts, and other identified historic resources.
(c)
Areas identified in the Scenic Resources Study and Scenic Areas of Statewide Significance, not otherwise classified above.
B.
Opportunity sites. A personal wireless service facility should be located at one of the following opportunity sites. The following represents a list in ranking order from the most preferred locations for new personal wireless service facilities to the least preferred. Where an applicant proposes a new personal wireless service facility at a location other than an opportunity site listed below, the applicant must demonstrate through coverage maps and other appropriate supporting documentation that their coverage goals cannot be met by situating new facilities at an alternative location or locations. In all instances, locations owned by the Village of Southampton are preferred over private lands, other municipal lands, or others.
(1)
Public rights-of-way utility poles, including telephone poles, utility-distribution poles, streetlights and traffic signal stanchions.
(2)
Existing eligible support structures.
(3)
Rooftops of existing buildings and structures with no preexisting transmission equipment.
(4)
Facades of existing buildings and structures with no preexisting transmission equipment.
C.
Interpretation of opportunity sites and avoidance areas shall be made by the Village of Southampton Building Department, based on the location of the proposed personal wireless service facility and the criteria listed in this article.
D.
Nothing herein shall be construed to grant any right or entitlement to locate a facility in an opportunity site. As set forth in § 116-77, infra, no application will be accepted for any site without appropriate evidence of the site owner's consent regardless of whether the site is on public or private property. Such consent may include evidence of a written lease or agreement to locate the facility on the property.
§ 116-76 Federal Communications Commission environmental assessment.
A.
The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
B.
At the time of application filing, an EA that meets FCC requirements shall be submitted to the Village of Southampton for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
§ 116-77 Specific standards and safeguards, all personal wireless service facility applications.
All applications for Tier One, Two and Three personal wireless service facilities shall address the following:
A.
Payment of application fee(s).
B.
Completed personal wireless facility siting application with original signatures for the applicant and all co-applicants applying for the application with indication if the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant.
(1)
If the applicant is not the owner or person in control of the personal wireless service facility and/or site, an attestation that the owner or person in control of the personal wireless service facility and/or site has consented to the proposed facility or modification.
(2)
The current and/or intended wireless service provider(s), as applicable for the application, shall be indicated on the site plan with documentation provided by the service provider(s).
C.
Structural integrity.
(1)
A structural analysis signed and sealed by a professional engineer in the State of New York that the entire tower or base station and all appurtenances are designed pursuant to the design requirements of ASCE 7, including wind speed design requirements, and tower loading/wind design requirements of Electronic Industries Association/Telecommunications Industry Association (ANSI/TIA) 222-H, Risk Category II and Exposure Category C standards, and any subsequent modification to those specifications.
(2)
Co-location modifications on existing eligible support facility using existing antenna mounts shall also provide a mount analysis meeting the same standard as Subsection 116-77C(1) above.
D.
RF compliance.
(1)
For new towers and new co-locations: A signed statement from an RF engineer competent to opine as to RF emissions compliance stating that the radio frequency emissions comply with FCC standards for such emissions as set forth in 47 CFR 1.1307, 1.310, 2.091 or 2.093, as applicable (Report and Order), ET Docket 93-62 (Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation), 11 FCC Rcd 15123 (1996); Second Memorandum Opinion and Order and Notice of Proposed Rule Making, ET Docket 93-62 (WT Docket 97-192), 12 FCC Rcd 13494 (1997).
(2)
For eligible facility requests: In addition to § 116-77D(1) above, any eligible facility co-location, modification, or upgrade application shall contain a signed statement from an RF engineer competent to opine as to the RF emissions confirming that following installation, the composite facility will remain in compliance with FCC standards as stated in OET-65.
E.
Signage. All personal wireless service facilities shall be clearly identified with the following information on a name plate sign meeting the Village's Code which shall be provided in an easily visible location to include:
(1)
Federal Communications Commission's Antenna Registration System (ASR) registration number (if applicable); site owner's name, site identification number and/or name, phone number of contact to reach in event of an emergency or equipment malfunction, any additional security and safety signs.
(2)
If more than 220 voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large, bold, high-contrast letters, minimum height of each letter four inches, the following: "HIGH VOLTAGE - DANGER."
(3)
No outdoor advertising signage is permitted at the personal wireless communication facility.
F.
Noise. No equipment shall be operated at a personal wireless service facility so as to produce noise in excess of the applicable noise standards under § 77-3 except for emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis until such emergency has passed.
G.
Hazardous materials. The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility, including those used for generators, that are considered hazardous by the federal, state or local government.
H.
Interference with public safety communications. In order to facilitate the regulation, placement, and construction of antennas, and to ensure that all parties are complying to the fullest extent possible with the rules, regulations, and/or guidelines of the FCC, each wireless provider shall agree in a written statement to the following:
(1)
Compliance with "good engineering practices," as defined by the FCC in its rules and regulations.
(2)
Compliance with FCC regulations regarding susceptibility to radio frequency interference, frequency coordination requirements, general technical standards for power, antenna, bandwidth limitations, frequency stability, transmitter measurements, operating requirements, and any and all other federal statutory and regulatory requirements relating to radio frequency interference (RFI).
(3)
Whenever the Village has encountered radio frequency interference with its public safety communications equipment, and has reasonable cause to believe that such interference has been or is being caused by one or more wireless facility antenna arrays, the following steps shall be taken:
(a)
The Village shall provide written notification to all wireless service providers operating in the Village of possible interference with the public safety communications equipment, and upon receipt of such notifications, the wireless providers shall use their best efforts to cooperate and coordinate with the Village and among themselves to investigate and mitigate the interference, if any, utilizing the procedures set forth in the joint wireless industry-public safety "Enhanced Best Practices Guide," released by the FCC in Appendix D of FCC 04-168 (released August 6, 2004), including the good engineering practices, as may be amended or revised by the FCC from time to time in any successor regulations.
(b)
If any wireless provider fails to cooperate with the Village in complying with the owner's obligations under this article or if there is a determination of radio frequency interference with the Village's public safety communications equipment, the wireless provider who failed to cooperate and/or the wireless provider which caused the interference shall be responsible for reimbursing the Village for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the Village to determine the source of the interference. For the purposes of this subsection, failure to cooperate shall include failure to initiate any response or action as described in the Enhanced Best Practices Guide within 24 hours of Village's notification.
§ 116-78 Tier One facilities (small wireless facility in a right-of-way).
In addition to the specific standards and safeguards provided in § 116-77 above, the following specific standards and safeguards shall also apply to all Tier One facilities applications and the following materials must be provided:
A.
Small wireless facilities shall not exceed the size dimensions of the small wireless facility definition. The applicant shall include calculations demonstrating in detail the applicant meets the definition of small wireless facility.
B.
An aerial map showing the location of the proposed small wireless facility.
C.
A line map to scale showing the subject property and all properties within 250 feet and the location of all buildings, including accessory structures, inside the right-of-way and on all properties shown.
D.
An accurate site plan which identifies any easements, rights-of-way, sidewalks, driveways and the type and location of existing aboveground and, if applicable, underground utilities.
E.
Photo simulation with before and after images from at least two reasonable line-of-sight locations near the proposed project location. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic.
F.
A photo rendering shall be provided of the proposed small wireless facility that depicts aesthetic features including, but not limited to, the use of colors and, if applicable, concealment with "before and after" installation exhibits.
G.
No portion of a small wireless facility shall obstruct pedestrians, vehicular, bicycle access, sight lines or visibility for traffic, traffic signage or signals, or interfere with access by persons with disabilities.
H.
No small wireless facility shall conflict with any utilities located within the public right-of-way.
I.
Equipment boxes, including meters, for small cell wireless facilities may be located on the ground or attached on the pole at a height that does not interfere with pedestrian or vehicular traffic, public views, and traffic signs or signals. Equipment boxes and meters attached to the utility pole shall be surrounded by a shroud painted to match the pole.
J.
Cables, if not located inside the pole, shall be placed in a conduit painted to match the pole from the meter box to the antenna.
K.
Tree topping (removal of tree crown) or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees shrubs or other landscaping already existing in the right-of-way must be noted in the application and must be approved by the Village Tree Commission.
L.
Applicants shall include an attestation that the small wireless facilities shall be activated for use by a wireless services provider to provide service no later than one year from the permit issuance date, unless the Village and the wireless provider agree to extend this period, or a delay is caused by a lack of commercial power at the proposed site.
M.
Small wireless facilities in historic district avoidance areas. Any application proposing the installation of small wireless facilities within a designated historic district avoidance area shall comply with the following requirements:
(1)
Concealment techniques shall be designed to be consistent and harmonious with the nature and character of the historic district, including color, shape and size of proposed equipment.
(2)
New utility poles or wireless support structures shall be designed to match the size, girth, and design of any existing utility poles or other wireless support structures located in the historic district right-of-way, i.e., decorative light poles or banner poles.
(3)
This subsection shall not be construed to limit the Village's enforcement of historic preservation in conformance with the requirements adopted pursuant to the Southampton Village Code Chapter 65, the National Historic Preservation Act of 1966, 54 U.S.C. § 300101 et seq., and the regulations adopted to implement those laws, or § 14.09 of the New York State Historic Preservation Act of 1980 and the United States Secretary of the Interior Guidelines.
N.
Additional items for co-locations on existing or replacement utility poles.
(1)
New co-locations shall:
(a)
Only be mounted on structures 50 feet or less in height including their antennas; or
(b)
Only be mounted structures no more than 10% taller than other adjacent structures; or
(c)
Not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.
(2)
All new wood utility poles or replacement utility poles shall be designed with considerations of height, girth, scale, color, texture and architectural design of any existing utility poles or other vertical structures located in the right-of-way where the new facility is proposed.
(3)
Antenna, meter boxes and ancillary equipment shall be surrounded by a shroud painted to match the color of the existing or replacement utility pole.
O.
Additional requirements for new poles (not replacement).
(1)
Spacing requirements for small wireless facilities.
(a)
To minimize the adverse visual impacts from the proliferation of antennas and associated aboveground equipment for small wireless facilities, no small wireless facility in the right-of-way shall be located, to the extent practicable, within 165 feet of any other small wireless facility in the same right-of-way, unless the wireless service provider desiring to install small wireless facilities less than 165 feet apart demonstrates to the Village's satisfaction why such placement is necessary.
(b)
No small wireless facilities shall be placed in front of structure and each shall be located as close to the shared side yard lot line as possible.
(c)
In a residential street right-of-way, all small wireless facilities located adjacent to residential structures shall be placed in the right-of-way at locations where they are at least 100 feet from the base of the facility to any residential structure whenever possible.
(d)
If a right-of-way has residential structures on only one side of the street, small wireless facilities shall be located on the opposite side of the right-of-way whenever possible.
(e)
Where a right-of-way has residential or commercial structures on only one or both sides of the street, the small wireless facilities shall be located as close to the commercial structure whenever possible.
(2)
All new concealed small wireless facilities shall be designed with considerations of height, girth, scale, color, texture and architectural design of any existing utility poles or other vertical structures located in the same right-of-way, i.e., decorative light poles, or design of the buildings parallel the rights-of-way where the new facility is proposed. All cables, conduits, electronics, meters and wires shall be enclosed within the structure.
§ 116-79 Tier Two (a) facility (co-location on an eligible support structure).
In addition to the standards and application requirements listed in § 116-77 above, the following shall apply to all Tier Two (a) personal wireless service facilities applications:
A.
The applicant must demonstrate in writing that the proposed co-location or modification does not exceed any part of the definition of "substantial change."
B.
Notwithstanding this provision, the Building Inspector may approve a modification where maintaining the original design is not feasible, provided that the applicant provides evidence demonstrating that the modification's design or configuration is necessary, does not defeat the existing concealment technique in the view of a reasonable person, and is the least obtrusive means of accomplishing the objective.
§ 116-80 Tier Two (b) (co-location on a structure with no preexisting transmission equipment) and all Tier Three facilities (new tower on public or private property or new small wireless facility tower or utility pole outside ROW).
In addition to the standards and application requirements listed in § 116-77, the following shall apply to all Tier Two (b) and Tier Three personal wireless service facilities applications:
A.
Identify the subject property by including the name of the nearest road or roads, and street address, if any.
B.
Tax parcel number of subject property.
C.
Tax map showing adjoining (abutting) properties.
D.
Written statement that the lease between the applicant and co-applicant landowner of the subject property contains the following provisions:
E.
Copy of Form 600 on file with the FCC.
F.
FCC license (radio authorization form).
G.
Site latitude and longitude.
H.
Land use map showing existing land use.
I.
Zoning district designation for the subject parcel and for all parcels within 300 feet of the property lines of the subject parcel.
J.
A line map to scale showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
K.
Dimensions of the personal wireless service facility specified for all three directions: height, width, and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
L.
Overall height measured at ground level (AGL) to the radiation center and the top of highest projection (e.g., lightning rod).
M.
A map indicating applicant's existing radio frequency signal propagation, a map indicating applicant's proposed new radio frequency signal propagation, and a map indicating the proposed improvements' coverage/capacity area, which provides sufficient justification for the requested antenna height; or an affidavit from a radio frequency engineer, including the qualifications of affiant, to justify the mounting height of the proposed new antenna.
N.
A radio frequency propagation plot indicating the coverage of existing antenna sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency engineer detailing compliance with the location preferences (§ 116-77 above) and that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative if unacceptable. Alternatively, the applicant may provide an affidavit by a radio frequency engineer, including the qualifications of affiant, detailing compliance with the location preferences (§ 116-77 above). If a lower ranking alternative is proposed, the affidavit must address why higher ranked options are not technically feasible, practical, and/or justified given the location of the proposed communications facility.
O.
Security barriers. In the case of a roof-mounted personal wireless service facility, the security barrier shall be provided around the tower or antenna. The security barrier shall be maintained by the operator of the personal wireless service facility or mount for the life of the installation. No security barrier is needed around side-mounted personal wireless service facilities.
P.
Equipment cabinets and equipment shelters. Electronic equipment shall be contained in either equipment cabinets or equipment shelters. Equipment cabinets shall not be visible from pedestrian and right-of-way views. Equipment cabinets may be provided within the principal building on the lot, behind a screen on a rooftop, or on the ground within the fenced-in and screened equipment compound.
Q.
Equipment compound.
(1)
Ground-based equipment compounds shall comply with the minimum setback requirements of the applicable zoning district as set forth in the Village's Code, depending upon whether any structure is considered a primary use or an accessory use.
(2)
Fenced-in compounds shall not be used for the storage of any excess equipment or hazardous materials.
(3)
No outdoor storage yards shall be allowed in a tower equipment compound.
(4)
The compound shall not be used as habitable space.
R.
Fencing. All ground-based equipment compounds shall be enclosed with an opaque fence or masonry wall in residential zoning districts and in any zoning district when the equipment compound adjoins a public right-of-way. Alternative equivalent screening may be approved through the application approval process.
S.
Photo simulation with before and after images from at least two reasonable line-of-sight locations near the proposed project location. The photo simulations must be taken from the viewpoints of the greatest pedestrian or vehicular traffic.
T.
A photo rendering shall be provided of the proposed small wireless facility that depicts aesthetic features including, but not limited to, the use of colors and, if applicable, concealment with before and after installation exhibits.
U.
Lighting. Lighting on personal wireless service facility towers and base stations shall not exceed the Federal Aviation Administration (FAA) minimum standards. All other lighting shall be subject to the following:
(1)
Any lighting required by the FAA must be of the minimum intensity and number of flashes per minute (i.e., the longest duration between flashes) allowable by the FAA.
(2)
Such lighting of the personal wireless service facility as may be required by the Federal Communications Commission, Federal Aviation Administration (FAA) or other applicable authority installed in a manner to minimize impacts on adjacent residences.
(3)
Lights shall be filtered or oriented so as not to project directly onto surrounding property or rights-of-way, consistent with FAA requirements.
(4)
Only red lighting shall be utilized unless otherwise recommended by FAA guidelines.
(5)
Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.
§ 116-81 Tier Two (b) (co-location on a structure with no preexisting transmission equipment) and all Tier Three facilities (new tower on public or private property or new small wireless facility tower or utility pole outside ROW).
In addition to the standards and application requirements listed in §§ 116-77 and 116-80, the following shall apply to all Tier Two (b) personal wireless service facilities applications:
A.
Roof-mounted personal wireless service facilities should not project more than 10 additional feet above the height of a legal building even if the existing building is at the legal height limit of the zoning district.
B.
Side-mounted personal wireless service facilities should not project more than 20 inches five feet from the face of the mounting structures.
C.
Roof mounts on buildings should have railings to protect workers.
D.
Feed lines and antennas shall be designed to architecturally match the facade, roof, wall, and/or structure on which they are fixed or otherwise lend with the existing structural design, color and texture.
§ 116-82 Tier Three (new macro tower and new small wireless tower or utility pole outside ROW) additional standards.
In addition to the standards and application requirements listed in §§ 116-77 and 116-80, herein, the following shall apply to all Tier Three personal wireless service facilities applications:
A.
Prior to securing a lease on a subject property for a proposed new tower, the applicant, service provider or tower owner shall have a predevelopment meeting with the Building Inspector to discuss the proposed location and possible alternatives to the proposed location. The alternatives need not be totally different from the proposed personal wireless service facility; however, the alternatives should contain measurable differences, such as:
(1)
Height. An alternative can be identical to the proposed personal wireless service facility except to be for a shorter height.
(2)
Location. An alternative could be located on a different property than the proposed personal wireless service facility.
(3)
Siting. An alternative could be in a different place on the same property as the proposed personal wireless service facility.
(4)
Design. An alternative could be of the same height, location and siting as the proposed personal wireless service facility but be designed to appear differently.
(5)
Change in community scale, as exhibited in relative height, mass or proportion of the personal wireless service facility within its proposed surroundings.
(6)
New visible elements proposed on a contrasting background and different colors and textures proposed against a contrasting background.
(7)
Use of materials that are foreign to the existing built environment.
(8)
Conservation of opportunities to maintain community scale, not compromising buffering areas and low-lying buildings so as to start a trend away from the existing community scale.
(9)
Amount and diversity of landscaping and/or natural vegetation.
(10)
Preservation of view corridors, vistas, and viewsheds; continuation of existing colors, textures and materials.
(11)
Summary of the items in Subsection A(1) through (10) above shall be provided in narrative with the submittal of the siting application. The following standards shall also guide all personal wireless service facilities application:
(a)
Height should be kept to a minimum.
(b)
Wireless communication facility towers shall be engineered and constructed for as many co-locations as possible based on the height of the proposed structure.
(c)
Setbacks.
[1]
New wireless structures shall have a setback from adjoining property lines equal to or greater than the height of the proposed structure.
[2]
All equipment shelters shall comply with the minimum setback requirements of the applicable zoning district as set forth in the Village of Southampton Zoning Code, depending upon whether any structure is considered a primary use or an accessory use.
[3]
On parcels with a principal building housing a primary use, all components of the personal wireless service facility shall be located behind the main building line.
(d)
New concealed wireless communication facility towers shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties and match the existing landscape and if applicable existing and adjacent architecture of structures on the property or adjacent properties.
(e)
Color. If personal wireless service facilities are to be painted, then the applicant shall use complementary colors or natural tones, including those of surrounding vegetation and/or the sky.
(f)
Concealment solutions should match the existing property on which the tower is proposed.
(g)
A balloon test is required prior to generating the photo simulations to demonstrate the proposed height and concealment solution of the WCF. The applicant shall arrange to raise a colored balloon no less than three feet in diameter at the maximum height of the proposed tower, and within 25 horizontal feet of the center of the proposed tower.
[1]
Applicant must inform the Building Inspector and abutting property owners in writing of the date and times, including alternative date and times, of the test at least 14 days in advance.
[2]
A three-foot-by-five-foot sign with lettering no less than three inches high stating the purpose of the balloon test shall be placed at the closest major intersection to the proposed site.
[3]
The date, time, and location, including alternative date, time and location, of the balloon test shall be advertised in a locally distributed newspaper by the applicant at least seven but no more than 14 days in advance of the test date.
[4]
The balloon shall be flown for at least four consecutive hours during daylight hours on the date chosen. The applicant shall record the weather, including wind speed, during the balloon test.
[5]
Re-advertisement will not be required if inclement weather occurs.
(h)
Appearance shown by at least two photographic simulations of the personal wireless service facility within the subject property. The photographic simulations shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width, and breadth.
(i)
Simulated photographic evidence of the proposed tower and antenna appearance from any and all residential areas within 1,500 feet and vantage points approved by the Building Inspector including the facility types the applicant has considered and the impact on adjacent properties including:
(j)
Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations, Part 77, and "Objects Affecting Navigable Airspace," if applicable.
(k)
Copy of environmental assessment provided to the FCC.
(l)
Screening and landscaping.
[1]
Natural vegetation. Existing natural vegetation shall be undisturbed to the greatest extent practicable.
[2]
Landscaping. Landscaping of disturbed areas of the personal wireless service facility site and security barriers shall be required as follows:
[a]
At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary; and
[b]
At least one row of evergreen trees or shrubs, at least four feet in height when planted and spaced not more than 15 feet apart, located interior to the perimeter of the shrubs required above; and
[c]
Landscaping materials shall consist of xeric or drought-resistant native species and shall be maintained by the operator of the personal wireless service facility for the life of the installation.
[d]
All security barriers for guy-wire anchor points shall be screened from view by at least one row of evergreen shrubs spaced not more than five feet apart and capable of forming a continuous hedge at least five feet in height within two years of planting.
[e]
Existing vegetation, topography, walls and fences combined with shrubs, or other features may be substituted for the required buffers if the Planning Board finds they achieve the same degree of screening as the required buffer; or affect the stability, security, or maintenance of guy wires.
(m)
Activities requiring Board of Architectural Review and Historic Preservation (BARHP) approval. The Planning Board shall submit Tier Three applications for site plans for personal wireless service facilities to the Board of Architectural Review and Historic Preservation (BARHP).
[1]
The scope of the review by the Board of Architectural Review and Historic Preservation (BARHP) shall be for design features only.
[2]
Standards of review shall be limited to those provided in this article.
[3]
The Board of Architectural Review and Historic Preservation (BARHP) shall submit its recommendation to the Village Planning Board or Building Inspector (if the application is not before the Planning Board).
§ 116-83 Application approval procedure.
A.
Exempt facilities can commence upon approval of the siting application and issuance of a building permit in accordance with applicable codes.
B.
Tier One applications.
(1)
Timeline for review.
(a)
Co-location using an existing structure: 60 days.
(b)
Installation using a new or replacement structure: 90 days.
(c)
Review timeline.
[1]
Unless a written agreement between the applicant and the Village provides otherwise, for an initial application the Village Building Inspector or designee shall review the siting application and notify the applicant on or before the 10th day after submission of the application that the application is materially incomplete, and clearly and specifically identify the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information. The comment notice shall identify the deficiencies in the application, which, if cured, would make the application complete. The shot clock date for siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period.
[2]
The clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the Village to render the application complete or incomplete.
[3]
The wireless communication facility application shall be deemed complete on resubmission if the resubmitted materials cure the original deficiencies indicated by the Village.
(2)
The Village Building Inspector or designee may deny an application for any of the following reasons:
(a)
Applicable codes; or
(b)
Village Code or objective design standards that concern public safety, traffic safety and aesthetic concerns for decorative Village utility poles, including reasonable and nondiscriminatory concealment requirements such as screening or landscaping for ground-mounted equipment; or
(c)
Public safety and reasonable spacing requirements concerning the location of ground-mounted equipment in a right-of-way, including ADA compliance; or
(e)
If the Village denies an application, then the Village must document the basis for a denial, including the specific code provisions on which the denial was based. The Village shall send the documentation to the applicant on or before the day the Village denies an application.
(3)
Batching. If a single application seeks authorization for multiple deployments, all of which fall within a Tier One review, then the presumptively reasonable period of time for the applications as a whole is equal to that for a single deployment within that category. The Village may remove a small wireless facility from a consolidated application and treat separately small wireless facility locations for which incomplete information has been provided or that are denied. The Village will issue a separate permit for each location that is approved.
(4)
All work within the Village rights-of-way is also subject to approval of a work permit for work that involves excavation, affects traffic patterns or obstructs vehicular traffic within or along the Village's rights-of-way. Any/all work in the public right-of-way is subject to approval of a permit. The provider shall comply with all the provisions and terms of the Village Code and the right-of-way work permit.
(5)
As-built construction drawings shall be provided to the Village for all structures, equipment, cable, pipes and conduit located within a Village or public right-of-way, and within any Village-owned utility or multipurpose easement; and which must include, for fiber optic cable, the number of strands of fiber in the conduit. If any of the Village's utilities or other infrastructure is relocated within the right-of-way as part of the construction, the Village Building Inspector or designee shall have final approval of the design and engineering of such relocated items.
(6)
Rates for use of Village utility poles within the right-of-way. An applicant who places a small wireless facility on a utility pole within a right-of-way in accordance with this article shall:
(7)
Required permit provisions. Each permit issued by the superintendent of public works and each license agreement for small wireless facilities shall be made upon the condition that the applicant agree to the following conditions:
(a)
Indemnification. To the fullest extent allowed by law, both the wireless infrastructure provider and wireless services provider (for this subsection, collectively referred to as "provider") constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the Village, and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from, said provider's breach of any provision of law, including but not limited to any asserted negligent act, error or omission of the provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. The provider's obligations under this provision shall not terminate with the expiration or termination of its permit but shall survive it.
(b)
Dispute resolution. A court of competent jurisdiction located in Suffolk County, New York shall have exclusive jurisdiction to resolve all disputes arising under this section applying the laws of the State of New York. Pending resolution of a dispute concerning rates for co-location of small wireless facilities on utility poles within the right-of-way, the Village shall allow the co-locating party to co-locate on utility poles at annual rates as set forth in the Village of Southampton Fee Schedule.
C.
Tier Two (a) applications.
(1)
Time frame for review. Within 60 days of the date on which an application submits an application for approval, the Village shall approve the application unless it denies the application.
(2)
Tolling of the timeline for review. The sixty-day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the Village determines that the application is incomplete.
(3)
The Village must notify the applicant within 30 days of submission (or within some other mutually agreed upon time frame) if the submission is incomplete.
(4)
Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. The clock stops on the date the notice is sent to the applicant.
(5)
The applicant may cure the deficiencies identified by the Village and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(6)
The clock restarts on the date of resubmission by the applicant. The Village shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(7)
Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by day 60 after the initial submission, excluding tolling.
(8)
Failure to act. In the event the Village fails to approve or deny a Tier Two (a) application within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Village in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
D.
Tier Two (b) applications.
(1)
Time frame for review. Within 90 days of the date on which an application submits an application for approval, the Village shall approve the application unless it denies the application.
(2)
Tolling of the timeline for review. The ninety-day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the Village determines that the application is incomplete.
(3)
Village must notify the applicant within 30 days of submission (or within some other mutually agreed upon time frame) if the submission is incomplete.
(4)
Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. The clock stops on the date the notice is sent to the applicant.
(5)
The applicant may cure the deficiencies identified by the Village and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(6)
The clock restarts on the date of resubmission by the applicant. The Village shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional resubmission deficiency period until the second resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(7)
Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by day 90 after the initial submission, excluding tolling.
(8)
Failure to act. In the event the Village fails to approve or deny a Tier Two (b) application within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Village in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
E.
Tier Three applications.
(1)
The time frame for review. Within 150 days of the date on which an applicant submits an application for approval, the Village shall approve the application unless it denies the application.
(2)
Tolling of the timeline for review. The 150-day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the Village determines that the application is incomplete.
(3)
The Village must notify the applicant within 30 days of submission (or within some other mutually agreed upon time frame) if the submission is incomplete.
(4)
Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete.
(5)
The timeline clock stops on the day after the date the Village sends notice of incompleteness to the applicant.
(6)
The applicant may cure the deficiencies identified by the Village and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial.
(7)
The clock restarts on the date of resubmission by the applicant. The Village shall, within 10 days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall likewise be tolled during the additional resubmission deficiency period until the second resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(8)
Approval or denial of a complete application shall be in writing and shall be postmarked to the applicant by the 150th day after the initial submission, excluding any tolling period.
§ 116-84 Abandonment and discontinued use.
A.
Personal wireless service facility towers, antennas, and the equipment compound shall be removed, at the tower or base station owners' expense, within 180 days of cessation of use, unless the abandonment is associated with a replacement structure, in which case the removal shall occur within 90 days of cessation of use.
B.
A tower or base station owner wishing to extend the time for removal or reactivation shall submit a request stating the reason for such extension. The Village may extend the time for removal or reactivation up to 60 additional days upon a showing of good and unique cause. If the tower or antenna is not removed within this time, the Village may give notice that it will contract for removal within 30 days following written notice to the tower or base station owner. Thereafter, the Village may cause removal of the tower with costs being borne by the tower or base station owner.
C.
Upon removal of the wireless facility tower, antenna, and equipment compound, the development area shall be returned to its natural state and topography and vegetated consistent with the natural surroundings or consistent with the current uses of the surrounding or adjacent land at the time of removal, excluding the foundation, which does not have to be removed.
§ 116-85 Fees for personal wireless service facility applications.
The Village shall have the right to thoughtfully plan for and evaluate applications for personal wireless service facilities and to charge reasonable fees for such services to the applicant. Such fees shall include, but shall not be limited to, the following:
A.
Application fee. The Village staff or designee shall evaluate each application on a case-by-case basis. The application fee shall include, but shall not be limited to, the cost for Village to properly evaluate applications for personal wireless service facilities. The application fee shall be applied equally to all applications.
B.
Special fee. The Village shall have the right to retain independent technical consultants and experts that it deems necessary to properly evaluate applications for individual personal wireless service facilities. The special fee shall include, but shall not be limited to, the hourly rate of the independent technical consultant or expert the Village deems necessary to properly evaluate applications for personal wireless service facilities. The special fee shall be applied to those applications requiring special review or evaluation.
C.
General fee. The Village may retain future independent consultants and experts to assist Village staff with proper planning for personal wireless service facilities. The general fee shall include, but shall not be limited to, the prorated share for each applicant of such costs for the independent consultants and experts and for Village staff. The general fee shall be prorated among all applications on an equal basis.
§ 116-86 Staff reports.
A.
Tier One and Tier Two applications do not require staff reports. However, the Village of Southampton Building Department or another department may prepare reports and provide recommendations to the Village of Southampton Village Board, Planning Board, Zoning Board of Appeals or any other permitting agency of the Village of Southampton or another municipality with jurisdiction.
B.
Tier Three applications. The Village of Southampton Building Department or its designee shall prepare reports for Tier Three applications. The report shall contain the following:
(1)
Description of the proposed personal wireless service facility.
(2)
Other personal wireless service facilities in the area.
(3)
Nearest three personal wireless service facility sites for the same carrier to the proposed personal wireless service facility.
(4)
Location.
(5)
Identification of whether the proposed personal wireless service facility is in an avoidance area.
(6)
Identification of whether the proposed personal wireless service facility is at an opportunity site.
(7)
Determination of whether location standards have been met.
(8)
Determination of whether siting standards have been met.
(9)
Identification of any necessary practical measures to avoid, minimize, and/or mitigate (in that order of preference) for adverse impacts of the proposed personal wireless service facility.
(12)
Description of narrative attachments.
§ 116-87 Registry, monitoring, inspection, abandonment, and obsolescence.
A.
Registry. Each carrier shall file the following information with the Village Building Inspector on a biennial basis, beginning with the date of approval:
(1)
Owner/lessee/intermediary/agent and carrier(s) at the site.
(2)
Location by latitude and longitude, addresses and parcel numbers.
(3)
Height, AGL.
(4)
Co-location status and capability (including if a former co-location has been removed).
(5)
Last date at which site was modified and the nature of the modification.
(6)
A list of toxic/hazardous materials at the personal wireless service facility (including in the equipment shelter).
(7)
Instructions for emergency personnel on the approach action to be taken in case of an emergency involving any toxic/hazardous substances.
(8)
The name and telephone number of a representative of the carrier to be contacted in the event of any emergency at the personal wireless service facility site. The contact representative is to be available on a twenty-four-hours-a-day, seven-days-a-week basis.
(9)
A site monitoring schedule indicating how often the site is inspected and monitored by the carrier.
(10)
A ground maintenance schedule indicating how often the grounds are maintained and the name and telephone number of a representative of the carrier to be contacted in the event the grounds require service before the next scheduled maintenance.
(11)
Certification, signed by a radio frequency engineer, stating that the RFR from the personal wireless service facility meets the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation.
B.
Inspection. The owner or operator of a personal wireless service facility shall provide for and conduct an inspection of mounts at least once every five years. A report shall be provided to the Village of Southampton Building Inspector verifying structural integrity and tenants on the mounts as a part of the requirements provided for in § 116-77C of this article.