§ 90-7. Design and development standards., Chapter 90. Wireless Telecommunications in the Right-Of-Way, Code of Ordinances, Huntington Bay

General guidelines.

(1)

Wireless telecommunications facilities are strongly disfavored in sensitive areas. Therefore, wireless telecommunications facilities shall be permitted in sensitive areas only when an exception has been granted in accordance with § 90-13 hereof.

(2)

Stealth technology and designs shall be used to minimize adverse aesthetic and visual impacts resulting from the installation or construction of a wireless telecommunications facility.

(3)

Screening, undergrounding, camouflage design techniques in the design and placement of a wireless telecommunications facility in order to ensure that said wireless telecommunications facility is as visually screened as possible, to prevent said wireless telecommunications facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties all in a manner that achieves compatibility with the community.

(4)

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise and/or blend into the environment, including landscaping, color and other techniques to minimize the wireless telecommunications facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style and quality.

(5)

Wireless telecommunications facilities shall be located such that views from a residential structure are not significantly impaired. Said wireless telecommunications facilities shall also be located in a manner that protects public views over Village view corridors and viewshed, including but not limited to views of the water, so that no significant view impairment results.

Traffic safety. All wireless telecommunications facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

Blending methods. All wireless telecommunications facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

Equipment. The applicant shall use stealth technology in connection with all wireless telecommunications facilities. Antenna elements shall be flush mounted, to the extent feasible. All antennas and accessory equipment shall be designed to encourage future co-location by the same or other operators or service providers. Antennas shall be situated as close to the ground as possible.

Poles.

(1)

Only pole-mounted wireless telecommunications facilities shall be permitted in a public right-of-way. All other telecommunications towers or telecommunications structures are prohibited in public rights-of-way. No new pole is permitted that is not replacing an existing pole, unless an exception is granted in accordance with § 90-13 hereof.

(2)

For all wooden poles, all/any wireless telecommunications facility, antennas, accessory equipment, conduits and cables attached to the exterior of poles shall be mounted flush thereto and painted to match the pole.

(3)

The maximum height of any wireless telecommunications facility, antennas or accessory equipment installed on a pole shall not exceed 48 inches above the height of the pole, nor shall any wireless telecommunications facility, antennas or accessory equipment mounted on a pole be less than 24 feet above any drivable road surface.

(4)

If an applicant proposes to replace a pole in order to accommodate a proposed wireless telecommunications facility, antennas or accessory equipment facility, the pole shall be designed to resemble the appearance and dimensions of the pole being replaced, including size, height, color, materials and style to the maximum extent feasible.

(5)

Pole-mounted accessory equipment, exclusive of antennas, shall not exceed six cubic feet in dimension and shall be mounted as close to the pole as possible and configured in a manner that is as least obtrusive as feasible.

(6)

Locating wireless telecommunications facilities on existing utility poles is strongly favored. New poles may not be installed within a public right-of-way, unless an exception is granted in accordance with § 90-13 hereof. If an exception is granted for the placement of any new pole in any public right-of-way:

(a)

Such new pole shall utilize stealth technology and be constructed in such a manner so as to contain within its interior all antennas, accessory equipment and electrical and utility cables. The pole shall be camouflaged or hidden to the fullest extent feasible.

(b)

Such new pole shall be located at least 90 feet from any existing pole to the extent feasible.

(c)

Such new pole shall be of the minimum diameter necessary to contain within its interior all antennas, accessory equipment and electrical and utility cables.

(d)

Such new pole shall be fabricated of nonrusting material and/or hot-dipped galvanized steel.

(e)

Such new pole shall not adversely impact public view corridors or viewsheds, including but not limited to view of the water, and shall be located to the extent feasible in an area where there is existing natural or other features that obscures the view of the pole.

Space. Each/any wireless telecommunications facility shall be designed and constructed to occupy the least amount of space in the public right-of-way that is technically feasible.

Wind loads. Each wireless telecommunications facility shall be properly engineered to withstand wind loads as required by all applicable laws. An evaluation of high wind load capacity shall include the impact of any modification of an existing wireless telecommunications facility.

Obstructions. Each component part of a wireless telecommunications facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or safety hazards, or otherwise interfere with the public's use of the public right-of-way.

Public facilities. A wireless telecommunications facility shall not be located within any portion of a public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

Screening. All pole-mounted wireless telecommunications facilities and all screening methods associated therewith shall be installed at least 18 inches from the curb and gutter flow line.

Accessory equipment. All accessory equipment shall be pole-mounted. Accessory equipment that cannot be pole-mounted shall be installed underground, except as provided below:

(1)

If the Village determines that accessory equipment cannot be pole-mounted, or that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible or desirable, an exception shall be required in order to place accessory equipment aboveground and concealed with natural or man-made features to the maximum extent possible.

(2)

When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment or acceptable alternate screening. Required electrical meter cabinets shall be screened and/or camouflaged.

(3)

In locations where homes are only along one side of a street, aboveground accessory equipment shall not be installed directly in front of a residence. Such aboveground accessory equipment shall be installed along the side of the street with no homes, unless said location along the side of the street with no homes is located within a sensitive area, in which case such locations shall be referred to the Village's consultants for review and recommendations.

Landscaping. Where appropriate, each wireless telecommunications facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the Village to provide screening or to conceal the wireless telecommunications facility.

Signage. No wireless telecommunications facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the Village.

Lighting.

(1)

No facility may be illuminated unless specifically required by the FAA or other government agencies. Beacon lights are not permitted unless required by the FAA or other government agencies.

(2)

Legally required lightning arresters and beacons shall be included when calculating the height of wireless telecommunications facilities.

(3)

Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

(4)

Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The Village may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.

(5)

The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.

Noise. At no time shall equipment noise from any wireless telecommunications facility located in a public right-of-way exceed an exterior noise level of 55 dBA three feet from the source of the noise; provided, however, that for any such facility located within 500 feet of any property within a sensitive area, such equipment noise shall not exceed 45 dBA three feet from the source of the noise.

Security. Each wireless telecommunications facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Board of Trustees may require the provision of warning signs, fencing, anticlimbing devices, or other techniques to prevent unauthorized access and vandalism when, because of its location and/or accessibility, a wireless telecommunications facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

Modification. At the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive wireless telecommunications facilities with stealth equipment or smaller, less visually intrusive wireless telecommunications facilities.

The installation and construction approved by a special permit shall begin within one year after its approval, unless extended by the Board of Trustees for good cause shown.