Tarrytown City Zoning Code
ARTICLE XIII
Wireless Telecommunications Services Facilities
§ 305-79 Legislative intent.
The Board of Trustees of the Village of Tarrytown determines that it is in the best interest of its residents to establish regulations and standards for the siting and installation of all wireless telecommunications services facilities (WTSF) equipment, including towers, monopoles, pole-mounted and building-attached equipment and other related devices and equipment. These regulations and standards are adopted in order to promote the safety and welfare of the residents of the Village of Tarrytown to the extent reasonably permitted under federal and state laws and rules and regulations to avoid blight, to prevent the interruption of viewsheds, and to limit construction of any WTSF in an area where such construction would be incompatible with the surrounding area. This article will ensure that all WTSFs and equipment be sited, designed, built and utilized in accordance with sound use planning that will preserve and protect the aesthetic qualities of the Village and promote and protect the safety and welfare of its residents.
§ 305-80 Purpose.
The purpose of this article is to regulate, to the fullest extent permitted by law, the siting, location, construction and maintenance of WTSFs in the Village in order to:
A.
Promote the safety and welfare of the residents of the Village and surrounding communities.
B.
Minimize the adverse visual effects of WTSFs and protect the natural features, aesthetics and character of the Village by careful siting, design, buffering and screening of WTSFs.
C.
Limit the total number of WTSFs to be constructed in the Village to the minimum number of WTSFs necessary to provide adequate coverage within the Village.
D.
Maximize the use of any proposed site by encouraging collocation and multiple use of WTSFs to the extent reasonably permissible.
E.
Encourage the siting of WTSFs on existing or other planned or approved WTSFs.
F.
Encourage the use of alternative technologies, which eliminate the need for new or additional WTSFs in the Village.
G.
Where the siting of a WTSF within the Village is proven to be necessary, to limit new WTSFs to existing nonresidential buildings and areas zoned for industrial and commercial uses.
§ 305-81 Definitions and word usage.
For purposes of this Article XIII, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A facility or structure serving or being used in conjunction with a WTSF and located on the same property or lot as the WTSF, including, but not limited to, utility or transmission equipment storage sheds or cabinets.
A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as whip antennas, and parabolic antennas as part of, or in conjunction with, a WTSF. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PCS) and microwave telecommunications.
One or more rods, panels, discs or similar devices used for the transmission and/or reception of radio frequency signals, which may include omnidirectional antennas (whip), directional antennas (panel) and parabolic antennas (disc).
An antenna array that is attached to an existing building or structure, with any accompanying pole or device which attaches the antenna array to the existing building or structure; connection cables; and an equipment facility which may be located either inside or outside of the attachment structure.
The Planning Board of the Village of Tarrytown is the designated agency or body of the Village to which applications for a compatible use permit for a telecommunications facility must be made, and that is authorized to review, analyze, evaluate and make decisions with respect to granting, recertifying, or revoking compatible use permits for telecommunications facilities.
The use of the same structure or telecommunications tower to carry two or more antennas for the provision of wireless services by two or more persons or entities.
The Federal Aviation Administration.
The Federal Communications Commission.
Any structure that is specifically designed for the purpose of supporting a wireless telecommunications device. This definition shall include monopoles and self-supporting and guyed towers.
Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.
Areas not under the control of the owner or operator of the facility to the exclusion of all others.
Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision and any legal successor, representative, agent or agency of the foregoing.
Any WTSF which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and WTSFs designed not to look like a conventional WTSF but like something else existing in the community, such as light poles, power poles, flagpoles, and trees.
The provision of wireless telecommunications services, including, but not limited to, those more commonly referred to as "cellular telephones," which services are regulated by the FCC in accordance with and as the term "personal wireless services" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended. With the exception of communications for the Village Highway Department, the term "wireless telecommunications services" shall specifically exclude all other services not included in the FCC definition of "personal wireless services."
A facility or structure designed or intended to be used or used to support and include antennas for WTS. A WTSF is a facility or structure intended for transmitting and/or receiving radio, television, cellular, paging or personal wireless telecommunications services or microwave telecommunications, but excludes facilities or structures used exclusively for fire, police and other dispatch telecommunications, private radio and television reception, private citizens bands, amateur radios and other similar telecommunications. A WTSF includes, without limit, antennas applied or affixed to the facade of a building or roof-mounted antennas, freestanding towers, guyed towers, monopoles, equipment shelters, and similar structures that employ camouflage technology, and including, but not limited to, structures such as a church steeple, water tower, flagpole, sign, or combination thereof or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such.
§ 305-82 Applicability and required findings.
The following compatible use permit standards and requirements shall apply to all WTSFs. No compatible use permit approval shall be granted unless the Planning Board makes the findings in writing that the application fulfills all of the purposes and meets all of the requirements of this article.
§ 305-83 Compliance with requirements.
Except as provided hereinafter, no WTSF shall be located, constructed or maintained on any building, structure or land area in the Village of Tarrytown, except in conformity with the requirements of this article and all other applicable regulations. Any alteration of an existing WTSF must comply with requirements of this article and all other applicable regulations.
§ 305-84 Location and access.
A.
Location priorities.
(1)
Notwithstanding any other provision of the Zoning Code or any other local law, WTSFs may, subject to the provisions of this article, be located in any zoning district. The owner of the property or properties proposed and the person seeking to install the WTSF (collectively, the "applicant") shall seek permission from the Village to locate, site and erect the WTSF(s), including towers or other tall structures, in accordance with the following priorities, Number 1 being the highest priority and Number 8 being the lowest priority:
Priority Ranking | Location | |
|---|---|---|
1 | Collocation on a site with existing telecommunications towers or structures containing existing telecommunications facilities on nonresidential buildings in nonresidential areas | |
2 | Existing nonresidential structures greater than 20 feet in height (above ground level) | |
3 | Industrial or commercial zone districts | |
4 | Other nonresidential areas | |
5 | Collocation on existing telecommunications towers or structures in residential districts | |
6 | Existing residential structures under compatible use permit for commercial use | |
7 | Existing residential structures more than five stories in height | |
8 | Other property in the Village |
(2)
If the proposed WTSF is not to be on a site with existing telecommunications towers or structures containing existing telecommunications facilities on nonresidential buildings in nonresidential areas, then a detailed explanation must be provided as to why a site of a higher priority is not being proposed by the applicant. The applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site, which shall be supported by propagation studies and such other data that demonstrate that the applicant cannot achieve coverage utilizing sites with a higher priority of preference. In addition to the above, in all cases, including where the proposed WTSF is to be on a site of the highest priority (i.e., a site with existing telecommunications towers or structures containing existing telecommunications facilities on nonresidential buildings in nonresidential areas), the applicant must include an analysis of all the possible alternatives, even if the alternative is of the same priority as the proposed site, and include the basis why each listed alternative is not preferable to the proposed location.
(3)
An applicant may not bypass sites of higher priority by stating that the site presented is the only site that has been leased or selected by the applicant, unless it is factually demonstrated in the application that the site is the only one that can be leased or selected by the applicant for physical, technological, legal or financial reasons.
(4)
An application shall address collocation as an option. If collocation is not proposed, the applicant must explain why collocation is commercially or otherwise impracticable. Agreements limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability or hardship.
(5)
Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is one that is in the best interest of the health, safety and welfare of the Village and its inhabitants.
B.
The applicant shall submit a written report demonstrating the applicant's review of the proposed WTSF location(s) in order of priority, demonstrating the technological reason for the site selection(s).
C.
The applicant shall, in writing, identify and disclose the number and locations of any additional WTSF sites that the applicant is considering, reviewing or planning, however preliminarily, for wireless telecommunications facilities in the Village, and all municipalities immediately adjoining the Village, for a two-year period following the date of the application.
D.
Notwithstanding that a potential site may be situated in an area of highest available priority, the Board may disapprove an application, or condition the granting of an application, where granting of the application as submitted would violate any of the following considerations:
(1)
Safety and safety-related codes and requirements.
(2)
Traffic patterns or traffic laws.
(3)
The historic nature of a designated neighborhood or historical district or deemed eligible to be registered regardless of whether any of the properties within such district have been registered on the national or state register of historic places.
(4)
Proximity to residences or other noncommercial uses so as to create discernible impact upon any adjoining property by virtue of visual or aesthetic impacts that are out of keeping with the area.
(5)
The Village Zoning Code or the Village Comprehensive Plan.
§ 305-85 Shared use of telecommunications facilities.
A.
Location of antennas on existing WTSFs shall be considered and preferred over the construction of new telecommunications towers or facilities. Where such shared use is unavailable, the applicant shall submit a comprehensive report which lists existing WTSFs and other appropriate structures which could possibly be used to support antennas within 1.5 miles of any proposed new WTSF site, unless the applicant can show that some other distance is more reasonable, and outlining the opportunities for shared use of existing facilities and the use of other existing structures as a preferred alternative to new construction.
B.
In the event that an application to share the use of an existing freestanding telecommunications tower does not increase the height of the freestanding telecommunications tower, the Board may, in its sole discretion, waive such requirements of the application required by this article as may be unnecessary to the review of the application.
C.
Proposed shared use shall consist only of the minimum antenna array technologically required to provide service within the Village, unless it is demonstrated that a more extensive antenna array is necessary to fill a service gap which cannot be filled without erecting additional freestanding towers or telecommunications structures within the Village.
D.
A proposal for a WTSF shall not be approved unless the Board finds that the antenna planned for the proposed WTSF cannot be placed on an existing or approved WTSF or building within a search radius of 1.5 miles of the proposed WTSF due to one or more of the following reasons:
(1)
The antenna would exceed the structural capacity of the existing or approved WTSF or building, as certified by a licensed professional engineer, and the existing or approved WTSF cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(2)
The antenna would cause interference materially impacting the function of another existing or approved antenna(s) at the WTSF or building, as certified by a qualified professional, and the interference cannot be prevented at reasonable cost.
(3)
Existing or approved WTSFs and buildings within the search radius of 1.5 miles cannot accommodate the antenna at a height necessary to function reasonably or to provide adequate coverage to the intended service area, as certified by a qualified professional.
(4)
Other bona fide reasons make it infeasible or undesirable to locate the antenna upon an existing or approved WTSF.
E.
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing WTSF in a neighboring municipality be considered for shared use, an applicant shall submit to the Board with its application an affidavit that it has sent by registered or certified mail, return receipt requested, at least 15 days prior to the public hearing on the application, a notification to the Clerk of each municipality, and the secretary of each municipal district or commission, such as the fire departments and the water authorities, that is wholly or partly within two miles of the proposed location of the WTSF. Such notification shall include the precise location of the proposed WTSF and a general description of the proposal, including but not limited to the height of the WTSF and its capacity for future shared use.
§ 305-86 Setbacks.
All WTSFs and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. It shall be demonstrated to the satisfaction of the Board that the proposed WTSF is set back adequately to prevent damage or injury resulting from icefall or debris resulting from failure or collapse of a WTSF or any part thereof, and to avoid and minimize all other impacts upon adjoining properties. In addition, the following setbacks shall be observed:
A.
To ensure public safety, the minimum distance from the base of any ground-mounted WTSF to any property line, road, habitable dwelling, business or institutional use, accessory structure or public recreation area shall be the height of the facility/structure, including antennas or other appurtenances. This setback is considered the "fall zone." Additional setbacks may be required by the Board to provide for the public safety.
B.
In the event that an existing structure or building is proposed as a mount for a WTSF, a fall zone shall be required unless the Board finds that a substantially better design will result from a reduced setback. In making such a finding, the Board shall consider both the visual and safety impacts of the proposed use.
§ 305-87 Height limitations.
All WTSFs and their equipment shelters shall comply with the height provisions of the zoning district in which the facility is located. Notwithstanding the following height limitations, in no case shall a WTSF be higher than is reasonably necessary under contemporary technology for it to accomplish the purpose it is proposed to serve.
A.
The height of any antennas, or other associated equipment structurally mounted as part of a WTSF, shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment is affixed.
B.
The maximum height of a WTSF is limited to 50 feet above ground level upon which the antenna is placed. The ground elevation may not be raised to increase the height of the WTSF.
C.
In the event that improving technologies permit the installation of smaller or lower antennas without degradation of their capabilities and without excessive replacement cost, the Board may require installation of such upgraded facilities upon renewal of the compatible use permit or if the WTSF is being altered.
§ 305-88 Design and visual mitigation.
A.
WTSFs shall only be permitted on, in or attached to existing or approved buildings or structures by use of stealth technologies or materials unless otherwise permitted by the Board.
B.
Where permitted, the only freestanding WTSF permitted shall be a monopole. WTSFs which require the use of guy wires or open framework are prohibited.
C.
The applicant/provider shall prepare a visual impact assessment of the proposed WTSF based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Board, including but not limited to a map identifying the zone of visibility and a visual simulation prepared by a professional engineer licensed in the State of New York. Such assessment shall also include a cataloging of the visual impact of the proposed WTSF on all street and existing residential views of the Hudson River.
D.
Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, and alternative construction, structural and transmission technologies such as antennas attached to or disguised as trees or other features or camouflaging techniques, shall be required to minimize the visual impact of such WTSF from public thoroughfares, important view and vantage points and surrounding properties, to the extent practicable as determined by the Board.
E.
No signs other than exempt signs or signs that may be required by the Board for security or safety purposes shall be erected on any WTSF.
F.
All ground-based equipment and utilities shall be located underground to the extent feasible.
G.
WTSFs shall be designed to blend as much as feasible into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. Every WTSF shall be of colors and design that are compatible and harmonious to blend with the natural features, buildings and structures surrounding such WTSF. WTSFs shall not materially alter or interfere with existing views to or from the Hudson River or surrounding areas.
§ 305-89 Lighting.
The WTSF shall not be artificially lighted on an ongoing basis but may be artificially lighted for use, as and when necessary, for repair and safety purposes, or as otherwise required by appropriate governmental authority.
§ 305-90 Operational characteristics.
A.
Unless otherwise superseded by the FCC, the design and use of the proposed WTSF, including its cumulative impact with other existing and approved WTSFs, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. This certification shall include a report prepared in accordance with FCC Office of Engineering and Technology Bulletin 65, as amended. If new, more restrictive standards are adopted, the antennas shall be made to comply as soon as is practicable, failing which operation of the WTSF may be terminated by the Village. The cost of compliance shall be borne by the owner and operator of the WTSF.
B.
Annual certification by a professional engineer specializing in electrical engineering certifying conformance with the applicable emissions standards and the requirements and conditions of conditional use permit approval shall be required.
C.
Certification by a professional engineer specializing in electrical engineering shall also be required prior to any modification of the WTSF or upon modification of the FCC standards.
D.
The Board may hire a qualified professional or recognized authority to review and report on such initial and annual certification report, the cost of which shall be reimbursed by the applicant.
E.
Any violation of the emissions standards shall be reported to the Board and shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this article or the conditions of conditional use permit approval shall be deemed to be an offense punishable by fine in accordance with this article.
§ 305-91 Noise.
Noise-producing equipment shall be sited and/or insulated to conform to Chapter 215, Noise, of the Code of the Village of Tarrytown.
§ 305-92 Utility service.
On-site electrical and land-based telephone lines extended to serve the WTSF sites shall be installed underground.
§ 305-93 Safety provisions.
A WTSF shall be designed and erected so that, in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development. No new structure shall be permitted which would be classified by the FAA Regulations Title 14 CFR Part 77 as an obstruction or hazard.
§ 305-94 Insurance.
The owner and applicant shall provide and keep in full force and effect, at their own cost and expense, public liability insurance which shall afford protection in an amount to be fixed by the Board, but in no case less than $2,000,000 per occurrence, naming the Village as an additional insured and indemnifying the Village against any and all losses for personal injury, death, property damage or other claim, obligation or liability, and all costs or expenses in connection therewith, including reasonable attorneys' fees and all costs of litigation, arising out of or relating to the existence, operation or use of any approved WTSF and any activities in connection therewith. This insurance shall be written in form satisfactory to the Village by good and solvent insurance companies of recognized standing, authorized to do business in the State of New York (rated not less than "A-XV" by Best) and shall contain a provision that the policy or policies shall not be canceled on less than 30 days' written notice to the Village. Appropriate insurance certificates shall be deposited with the Village before any permit is issued.
§ 305-95 Security provisions.
A security program shall be formulated and implemented for the site of a WTSF. Such program shall include physical features such as fencing screened by buffer vegetation, anticlimbing devices or elevating ladders on monopoles or other approved structure and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
§ 305-96 Structural inspection and report.
A monopole or other approved structure shall be inspected at the expense of the service provider by a licensed professional engineer at least every five years or at any other time upon a determination by the Building Inspector that the monopole or other approved structure may have sustained structural damage. A copy of the inspection report shall be submitted to the Building Inspector. Necessary repairs/alterations shall be made to the structure to ensure structural integrity.
§ 305-97 Lease agreement.
A.
In the case of an application for approval of a WTSF to be located on lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Board and a copy shall be filed with the Village Clerk.
B.
The Board, at its discretion and in cooperation with the involved parties, shall allow proprietary information contained in such lease which is unrelated to the requirements of this chapter or the conditions of the approvals for the WTSF to be kept confidential.
§ 305-98 Removal.
A.
A WTSF, or any portion thereof, including any portion above the height of the antenna, shall be dismantled and removed from the property on which it is located when it has been inoperative or abandoned for a period of 90 days from the date on which it ceased operation, or no longer has a valid approval, permit or license, or is otherwise no longer necessary for the provision of adequate coverage in the Village of Tarrytown. The owner of the WTSF and each of the WTS providers on any approved WTSF shall provide written certification of the status of the use and necessity of the WTSF, or any portion thereof, on a quarterly basis.
B.
The applicant shall provide to the Village written notification, including identification of the date the use of the WTSF was discontinued or abandoned or no longer has a valid approval, permit or license, or is otherwise no longer necessary for the provision of adequate coverage in the Village of Tarrytown by one or more of the service providers, acknowledgment of the requirements to remove the WTSF, and identification of the plans for the removal of the WTSF within six months of such termination, abandonment or discontinuance of use.
C.
The applicant shall provide to the satisfaction of the Village a written agreement suitable for filing with the County Clerk, Division of Land Records, to ensure the dismantling, removal and restoration of such an abandoned wireless telecommunications services facility. Performance of the removal requirements as set forth herein shall be secured by a bond posted by the applicant in an amount and for a duration determined to be adequate by the Board.
D.
Unused portions of WTSFs above a manufactured connection shall be removed within six months of the time of antenna relocation or removal, unless a time extension is approved by the Board. The replacement of portions of a WTSF previously removed requires the issuance of a new conditional use permit.
E.
In the event that such WTSF, or portion thereof, is not completely removed from such property within such time, the Village shall be authorized to effect such removal at the expense of the property owner.
§ 305-99 Application procedure.
A.
All applicants for a compatible use permit for a WTSF or any modification of such facility shall comply with the requirements set forth in this section. All applicants for a compatible use permit for a WTSF shall be submitted to the Board for consideration.
B.
Applications shall indicate compliance with site plan and compatible use permit procedures and requirements as described in this chapter. In addition, applicants shall be required to submit the following:
(1)
The name and address of the owner of the wireless telecommunications facility and the name and address of the owner of the property on which such facility is proposed to be located. Additionally, the application shall include the name and address of a person who shall be designated as managing agent in control of and responsible for the maintenance of the facility and a person who resides or has a place of business in Westchester County who shall be designated as the person upon whom process may be served as agent of the applicant.
(2)
A full environmental assessment form (EAF), Part I, and the visual EAF addendum (Appendix A and Appendix B, 6 NYCRR Part 617.20), including graphic information in the form of photographs or computer-generated images with the wireless telecommunications facility superimposed, that portrays the visual impact of the facility from various vantage points determined by the Board.
(3)
A report signed by a licensed professional engineer with expertise in radio communication facilities and, as to Subsection B(3)(d), (e), (f) and (g), by a professional having expertise in radio frequency emissions, containing the following:
(a)
The number, type and design of the proposed antenna array.
(b)
The make, model and manufacturer of the proposed antenna array.
(c)
A description of the proposed antenna array and all related fixtures, structures, appurtenances and apparatus, including height above ground level, materials and lighting.
(d)
The frequency, modulation and class of service.
(e)
Transmission and maximum effective radiated power.
(f)
Direction of maximum lobes and associated radiation.
(g)
Certification that the NIER levels based on the maximum equipment output at the proposed site comply with emission standards adopted by the FCC, such certification to be updated periodically as determined by the approving authority.
(h)
Multicolor signal level propagation plots indicating adequate coverage under the FCC regulations and Telecommunications Act of 1996, as amended, or other applicable law, at standard USGS scale drawings of 1:25,000, including but not limited to topography and elevations, existing buildings, streets, WTSFs and other similarly tall structures, tile propagation plots, radial propagation plots and drive propagation plot data, and identification of all of the relevant system design parameters of all existing, approved or proposed WTSFs which may affect or provide service within the Village of Tarrytown. Separate signal level propagation plots shall be required for each existing, planned, approved and proposed WTSF.
C.
These information requirements may be supplemented or modified by the Board in its discretion, depending on the nature and circumstances of the application, on a case-by-case basis. The Board is not empowered to determine that the application for the WTSF, if fully in compliance with FCC standards, may be rejected for health related reasons because of projected emissions.
D.
A report signed by a licensed professional engineer specializing in structural engineering, containing the following:
(1)
In the case of an attached wireless telecommunications facility, documentation of the ability of the building or structure to accept the antenna array, the proposed method of affixing the antenna array to the structure and the precise point at which the antenna array shall be mounted.
(2)
In the case of a wireless telecommunications facility with support structure, documentation that the structure is capable of sustaining wind pressure and overturning movement in accordance with New York State Uniform Fire Prevention and Building Code and is provided with lightning protection in accordance with the New York State Uniform Fire Prevention and Building Code and National Electrical Code, and a description of the structure's capacity, including the number of antenna arrays it can accommodate and the precise point at which the antenna array shall be mounted.
E.
Certification that the applicant will allow collocation as provided for in § 305-85, including a statement that all reasonable efforts have been made to collocate such WTSF on all other existing, planned or approved sites with communication antennas which would eliminate the need for new or additional WTSFs in the Village of Tarrytown.
F.
If collocation is not proposed, certification and supporting evidence that collocation is not feasible.
G.
Certification and supporting evidence that the proposed antenna array will not cause interference with existing communication devices.
H.
A statement of anticipated on-site service needs, including frequency of service visits and types of vehicles used for service.
I.
A landscape plan delineating the existing trees to be preserved; the location and dimensions of proposed planting areas; the size, type and number of trees and shrubs to be planted; buffers; screening elevations of fences; and materials used.
J.
A map depicting and listing all existing sites containing wireless telecommunications facilities in the Village and bordering communities used by the operator, owner or applicant.
K.
A copy of the FCC license and demonstration that there is a public need for each such WTSF at the location(s) proposed by the applicant to provide adequate coverage in the Village.
L.
A written agreement, in recordable form suitable for filing in the Westchester County Clerk's Office and prepared to the satisfaction of the Village Attorney, acknowledging that it shall be required to allow the collocation of all other future wireless telecommunications service WTSFs unless otherwise unreasonably limited by technological, structural or other engineering considerations and expressly stating that it shall negotiate in good faith with all other providers.
M.
A bond in form and amount acceptable to the Village Attorney sufficient to ensure the safe and timely removal of the wireless telecommunications facility in case of abandonment, such bond to be renewed annually.
§ 305-100 Retention of consultants.
A.
When additional expertise is needed, the Board may hire any consultant and/or expert to assist the Board in reviewing and evaluating the application for a compatible use permit. The review and evaluation by the consultant may include, but is not limited to, the construction and modification of the site of a proposed renewal/recertification of a WTSF.
B.
Upon filing of its application, an applicant shall deposit with the Village funds in the amount of $5,000 or such other amount as the Board deems applicable to reimburse the Board for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application and/or recertification of a WTSF. To the extent that the initial deposit is insufficient to cover the costs of such consultant and expert evaluation, the applicant shall immediately, upon request of the Board, make an additional deposit in an amount required by the Board.
§ 305-101 Owner/Applicant representative contacts.
The applicant and all future owners of the premises and the WTSF shall at all times keep on file in the office of the Village Clerk the name, address, and telephone number of the owner and operator of such WTSF and of at least one individual who shall have authority to arrange for the maintenance of the premises and WTSF, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and WTSF.
§ 305-102 Decisions.
All decisions of the Board involving applications for WTSFs shall be in writing and supported by substantial evidence.
§ 305-103 Compliance with other laws.
The operator of every WTSF shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. Failure to do so after 30 days' notice, in the discretion of the Board, unless good cause for such failure is shown, shall result in the termination of the conditional use permit.
§ 305-104 Assignment of permit.
No permit granted under this article for any antenna or WTSF, or accessory structure, shall be assigned or transferred without the prior approval of the Board.
§ 305-105 Review.
All permits granted under this article shall be subject to review by the Board at five-year intervals, to determine whether the technology applicable to WTSFs generally 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.
§ 305-106 Severability.
The invalidity of any section, subsection, paragraph, sentence, clause or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.
§ 305-107 Penalties for offenses.
A violation of this article is hereby punishable by a fine not exceeding $1,000 per day per occurrence or imprisonment for a period not to exceed 15 days. Each day's continued violation shall constitute a separate offense.
§ 305-108 When effective.
This article shall take effect upon its adoption and filing with the office of the Secretary of State.