[Added 9-3-2002 by L. L. No. 24-2002]
A. The purpose of this article is to establish predictable and balanced regulations for the placement, construction and modification of personal wireless service facilities in order to accommodate the growth of such facilities while protecting the public against any adverse impacts on aesthetic resources and the public safety and welfare. The Town of Babylon wants to accommodate the need for personal wireless service facilities while regulating their location and number, minimizing adverse visual impacts through proper design, siting and screening, avoiding potential physical damage to adjacent properties, and encouraging joint use of tower structures.
B. The article also seeks to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures, in order to further minimize adverse visual effects from telecommunications towers.
C. This article is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY USE -- An accessory use serves the principal use, is subordinate in area, extent or purpose to the principal use, and is located on the same lot as the principal use. Examples of such uses include transmission equipment and storage sheds.
ANCILLARY EQUIPMENT -- Equipment necessary to the secure and successful operation of a wireless facility, including, but not limited to, a support structure, antenna, transmitting, receiving, and combining equipment, equipment shelter, fencing, transmission cables and telephone lines, utility lines and backup power source.
ANTENNA AND/OR BEACON -- A system of electrical conductors that transmit or receive radio frequency waves.
COLLOCATION -- The use of any communication, transmission and/or reception antenna and/or towers, radio, television and/or telecommunications beacons to carry two or more antennas by two or more service providers.
FAA -- Federal Aviation Administration of the United States.
FCC -- Federal Communications Commission of the United States.
PERSONAL WIRELESS SERVICE FACILITY -- Any unmanned facility used in connection with the provision of wireless services, including, but not limited to, antenna, ancillary telecommunication equipment, telecommunication towers and access. A wireless facility includes all equipment and structural components needed to construct a complete wireless facility.
PREEXISTING TOWERS AND ANTENNAS -- Includes any and all towers or antennas possessing a valid, current and proper building permit and/or special use permit issued prior to the effective date of this article.
TOWER -- Including any structure designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers, radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures, inclusive of the structure and any support systems appurtenant thereto.
Except as set forth in § 213-58 below:
A. Personal wireless service facilities, towers and antennas shall be prohibited in and within 100 feet of Residential Districts, Multiple Residence Districts and Senior Citizen Multiple Residence Districts.
B. Except as provided in § 213-457A, personal wireless service facilities, towers and antennas shall be permitted in Commercial and Industrial Districts only upon approval by the Zoning Board of Appeals of a special use permit.
A. Amateur radio station operators.
B. Preexisting towers or antennas, except additions or expansions.
C. Those on property owned by the Town.
D. Antennas which are accessory to permitted residential uses and are mounted on the residential dwelling without a tower.
The Zoning Board of Appeals is hereby authorized to review and approve, approve with modifications or disapprove special use permits for personal wireless service facilities pursuant to this article. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed personal wireless service facility, including the use of camouflage or stealth-type installation of the tower structure and/or antenna to reduce visual impact.
A. Except as provided below, no personal wireless service facility shall hereafter be erected, moved, reconstructed, changed or altered and no existing structure shall be modified to serve as a personal wireless service facility, except after obtaining a special use permit in conformity with this article.
B. Antennas placed on existing towers or on existing structures do not require a special use permit, unless the existing tower or structure is located in a residential district, or unless it will be modified in such a way as to increase its height in excess of the permitted height in the effected district.
C. The Zoning Board of Appeals may waive any or all of the requirements for approval for applicants proposing minor changes to existing facilities. However, the Board may not waive the requirement that a public hearing be held on the application.
D. No building permit shall be issued until the applicant provides proof that space on the facility has been leased or will be operated by a provider licensed by the FCC to provide service in the area.
No special use permit relating to a personal wireless service facility shall be authorized by the Zoning Board of Appeals unless it finds that such facility:
A. Is necessary to provide adequate service to locations that the applicant is not able to serve with existing facilities;
B. Conforms to all applicable regulations promulgated by the FCC, FAA and other federal agencies;
C. Will be designed and constructed in a manner which minimizes visual impact to the extent practical; and
D. Is the most appropriate site among those available within the technically feasible area for the location of a personal wireless service facility.
A. Applications shall include the following:
(1) The location, type and height of the facility, and whether it is to be located on an existing structure, collocated or on a tower.
(2) Adjacent roadways, rights-of-way, land uses and structures and zoning on land within 1/2 mile.
(3) Setbacks from the property line of the proposed site.
(4) Environmental assessment.
(5) Scaled drawing of the site, including elevation drawings of the structure, the distance between all structures and proposed means of access.
(6) Landscape plan.
(7) Radio frequency study.
(8) Evidence of good faith effort to collocate or locate on existing towers, structures or buildings and why it is not feasible.
(9) Location and separation distance between all other existing and proposed facilities within the Town and/or within one mile.
(10) Evidence that no existing tower, structure or building can accommodate the applicant's proposed antennas and provide necessary coverage.
(11) Detailed cost of construction analysis supported by written documentation.
(12) Engineering certification of safety of the proposed tower.
(13) Aviation Security Advisory Committee (ASAC) report.
(14) Radio frequency propagation maps.
(15) Health and safety study.
(16) Copy of FCC and FAA application and approval.
(17) Photo-simulation or visual analysis report showing where, within one mile, the facility can be seen.
(18) National Environmental Policy Act (NEPA) Study.
B. The Zoning Board of Appeals may retain its own structural and/or radio frequency engineer, real estate appraiser and traffic engineer at the applicant's expense if the Zoning Board of Appeals deems necessary.
