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 North Hempstead
 Code of Ordinances
 Chapter 75. Wireless Telecommunications Facilities

  § 75-4.1. Installations within the Public Right-of-Way.  

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  • A. 
    All installations of Wireless Telecommunications Facilities, whether or not the installation is a Small Cell Facility, a Small Cell Network or a DAS network, within the Public Right-of-Way shall be subject to this § 76-4.1.
    B. 
    No Wireless Telecommunications Facility may be installed within the Public Right-of-Way unless, prior to the installation of the facility, the Town and the applicant execute a right-of-way use agreement governing the use of the Public Right-of-Way and the installation of Wireless Telecommunications Facilities within the Public Right-of-Way, which agreement shall be in a form approved by the Town Board. All requests for Town Board issuance of a right-of-way use agreement shall be subject to a public hearing.
    C. 
    Any person or entity proposing to install Wireless Telecommunications Facilities within the Public Right-of-Way shall apply to the Planning Department to be granted a Right-of-Way Use Agreement by the Town Board.
    (1) 
    The application shall include:
    (a) 
    The name, business address and telephone number of the applicant, and the name of the applicant's authorized representative and the representative's phone number and e-mail address.
    (b) 
    Drawings showing a typical design and installation of a Wireless Telecommunications Facility within the Public Right-of-Way, including pole-mounted antennas and equipment, aboveground cable installations, ground equipment and underground installations demonstrating compliance with § 75-7D of this chapter.
    (c) 
    A listing of those Public Rights-of-Way within which the applicant is applying to be permitted to install Wireless Telecommunications Facilities.
    (d) 
    A full statement explaining in detail how each of the proposed facilities conform to the design requirements stated in § 75-7D below.
    (e) 
    A statement indicating:
    [1] 
    The maximum number of facilities that may be installed in compliance with § 75-7D below within the Public Rights-of-Way referenced in the application; and
    [2] 
    Whether the applicant anticipates installing any new poles within the Public Rights-of-Way and, if so, the approximate number and location of the new poles; and
    [3] 
    Whether the applicant anticipates installing ground equipment within the Public Right-of-Way and, if so, the approximate number and location of such equipment.
    (f) 
    A completed full environmental assessment form Part 1, together with a visual assessment addendum.
    (g) 
    A certificate of insurance naming the Town of North Hempstead as an additional insured, in the types and amounts shown in the Town's standard form Right-of-Way Use Agreement.
    (h) 
    A copy of any Federal Communications Commission licenses and approvals allowing the applicant to operate a Wireless Telecommunications Facility.
    (i) 
    The application fee stated in the Town of North Hempstead Fee Schedule.
    (2) 
    Upon receipt of an application, the Planning Commissioner shall notify the councilmember or councilmembers representing the Town Council district or districts in which the applied-for Public Rights-of-Way are located that an application has been filed. Upon review of the application, the Planning Commissioner shall determine whether the application is complete or not sufficient to demonstrate compliance with this chapter. If the application is not complete, the Planning Commissioner shall so inform the applicant. The applicant shall have 30 days after being informed that its application is incomplete in order to provide the required additional documents and materials to complete the application. If the required additional documents and materials are not provided within 30 days of the Planning Commissioner's notice, the application will be deemed abandoned and the applicant will be required to make another application.
    D. 
    If the Planning Commissioner deems the applicant's application complete, the Planning Commissioner shall request that the Town Board set a date for a public hearing to consider approval of the application. The Planning Commissioner shall inform the applicant of the date of the hearing when the date is made known to the Planning Commissioner. Upon being informed of the hearing date, and at least 14 days prior to the public hearing, the applicant shall deliver, by certified mail, return receipt requested, and regular mall, a notice to the owners (as shown on the property tax rolls maintained by the Receiver of Taxes) of all properties within 350 feet of the Public Rights-of-Way applied for in the applicant's application. The notice shall be on the applicant's letterhead and shall state that an application has been filed with the Planning Department for Right-of-Way Use Agreement, a map showing the Public Rights-of-Way applied for and the date, time and location of the public hearing. The applicant shall, within five days of delivering the notices required by this section, submit to the Planning Department an affidavit of mailing on a form maintained by the Planning Department evidencing compliance with this section.
    E. 
    The Town Board may review any documentation or hear any testimony in favor of or in opposition to the application, and may adjourn the public hearing to any future date if deemed necessary by the Town Board. The applicant shall ensure that representatives of the applicant attend the public hearing to answer questions regarding the application either from representatives of the Town or members of the public. In the event that the application demonstrates compliance with § 75-7D of this chapter and otherwise complies with the requirements for an application as stated in this section and otherwise complies with any other requirement stated in this chapter, the Town Board shall approve the application and authorize the execution of a Right-of-Way Use Agreement.
    F. 
    The issuance of a right-of-way use agreement shall not permit the applicant to begin installation of Wireless Telecommunications Facilities within the Public Rights-of-Way. Each individual installation shall also require the issuance of an Antenna Location Permit in accordance with § 75-5 of this chapter and may require the issuance of a Special Permit in accordance with § 75-6 of this chapter.
    G. 
    Once a Wireless Telecommunications Facility is installed within the Public Right-of-Way, the Building Commissioner may, at such times as deemed necessary by the Building Commissioner, test any facility for its compliance with the radiofrequency exposure limitations set forth in 47 CFR 1.1307(b) and 1.1310.
    (1) 
    In the event that such test finds that that the radiofrequency emissions generated by a tested facility exceed those limitations set forth in 47 CFR § 1.1307(b) and 1.1310, the Building Commissioner shall:
    (a) 
    In the case of a first test showing emissions in excess of those permitted by 47 CFR 1.1307(b) and 1.1310 with regard to a specific facility, order that the Wireless Telecommunications Facility be modified such that the facility is brought into compliance with 47 CFR 1.1307(b) and 1.1310 and provide documentation showing such compliance; and
    (b) 
    In the case of a subsequent test showing emissions in excess of those permitted by 47 CFR 1.1307(b) and 1.1310, revoke the permit for such Wireless Telecommunications Facility and order that the Wireless Telecommunication Facility be removed at the owner's expense.
    (2) 
    For any violation of the limitations stated in 47 CFR 1.1307(b) and 1.1310, the owner of the Wireless Telecommunications Facility shall reimburse the Town for the cost of the test and pay a fine in the amount shown in § 75-9 below.