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 North Hempstead
 Code of Ordinances
 Chapter 75. Wireless Telecommunications Facilities

  § 75-5. Antenna Location Permits.  

Latest version.
  • A. 
    Wireless Telecommunications Facility installations eligible for Antenna Location Permits. The Building Department is authorized to issue antenna location permits for the following Wireless Telecommunications Facilities, provided that all of the requirements set forth herein are met.
    (1) 
    Nonresidential zoning districts. Parking District (P), Transportation District (T), Business AA District (B-AA), Business A District (B-A), Business B District (B-B), Planned Industrial Park District (PIP), Industrial A District (I-A), Industrial B (I-B), Modified Planned Industrial Park District (MPIP):
    (a) 
    Small Cell Facilities, Small Cell Networks and DAS networks upon an existing or new Right-of-Way Structure within the Public Right-of-Way, provided that an increase in the height of an existing structure is not required and that all applicable height, setback and design requirements as set forth in § 75-7 can be met. Any equipment cabinets, shelters, etc., must also comply with the applicable standards set forth in § 75-7 herein.
    (b) 
    An Eligible Facilities Request, where such application does not result in a Substantial Change to the Eligible Support Structure. If a Substantial Change is proposed, the application shall require a Special Permit pursuant to § 75-6 of this Chapter.
    (c) 
    New Wireless Telecommunications Facilities on existing commercial or industrial buildings, provided that all applicable height, setback and design requirements as set forth in § 75-7 herein can be met. Any accessory structures, including, but not limited to, equipment, equipment cabinets, equipment sheds/shelters, etc., must also comply with the applicable standards set forth in § 75-7 herein.
    (d) 
    Minor modifications to existing Wireless Telecommunications Facilities, that do not result in Substantial Change as defined herein, if a substantial change is proposed, the application shall require a Special Permit pursuant to § 75-6 of this chapter.
    (2) 
    Residential Zoning Districts, Residence Open Space District (R-O-S), Residence AAA District (R-AAA), Residence AA District (R-AA), Residence A District (R-A), Residence B District (R-B), Residence C District (R-C), Residence D District (R-D), Residence District Multiple (RM), Residence District, Public Housing (RPH), Golden Age Residence District (GAR), Senior Residence District (R-S):
    (a) 
    Small Cell Facilities, Small Cell Networks and DAS networks upon an existing or new Right-of-Way Structure within the Public Right-of-Way, provided that an increase in the height of an existing structure is not required and that all applicable height, setback and design requirements as set forth in § 75-7 herein can be met. Any accessory structures including, but not limited to, equipment, equipment cabinets, equipment sheds/shelters, etc., must also comply with the applicable standards set forth in § 75-7 herein.
    (b) 
    An Eligible Facilities Request of Wireless Telecommunications Facilities, where such application does not result in a Substantial Change. If a substantial change is proposed, the application shall require a Special Permit pursuant to § 75-6 of this Chapter.
    B. 
    Term and fees for Antenna Location Permits. The fee for an antenna location permit shall be in the amount indicated in the Town of North Hempstead Fee Schedule, and the permit expires and must be renewed every three years.
    C. 
    Renewal of antenna location permits. At the expiration of its three-year term, an application for renewal of the antenna location permit shall be filed with the Building Commissioner together with the fee stated in the Town of North Hempstead Fee Schedule and current certification by a licensed professional engineer or other qualified person that the wireless telecommunications facility is within the nonionizing electromagnetic radiation levels adopted by the FCC. The permit may be renewed upon a finding that the wireless facility and all associated equipment and support structures are structurally sound and comply with the provisions of the law.
    D. 
    Antenna Location Permit application requirements. The Building Commissioner is authorized to design appropriate application forms, if necessary, to assist in the completion and evaluation of an application packet. The following materials shall be submitted in triplicate to the Building Commissioner, who shall certify that an application packet is complete before an Antenna Location Permit is issued:
    (1) 
    Completed Antenna Location Permit application form.
    (2) 
    Name, address and telephone number of the applicant.
    (3) 
    Name, address and telephone number of the owner of the property on which the Wireless Telecommunications Facility will be located.
    (4) 
    Section, block and lot number(s) of the property on which the proposed facility will be located.
    (5) 
    A copy of an agreement between the applicant and the owner of the site which authorizes the use of the site as a location for the proposed wireless telecommunications facility, or, if the Wireless Telecommunications Facility is to be located within a Public Right-of-Way or the right-of-way of another municipality, an executed franchise agreement with the municipality owning or controlling the right-of-way.
    (6) 
    A location map to scale indicating the location of the proposed facility.
    (7) 
    A site plan or plans to scale specifying the location of the proposed facility on the property. All setbacks of the facility from front, rear and side yards shall be shown. (If the facility is located upon an existing structure, the setbacks of the existing structure from front, rear and side yards shall be shown and the location of the facility on the existing structure, including all dimensions, shall be shown).
    (8) 
    Elevations showing the height of all proposed antennas, equipment and supporting structures (i.e., monopoles, towers, etc.) from ground level. Dimensions of all antennas and equipment and the distances of each from the top of any structures upon which they are located shall also be shown.
    (9) 
    Construction/engineering drawings to be reviewed by the Building Commissioner to determine whether the proposed facility meets with all applicable building, fire and safety codes and showing that the facility includes appropriate deicing equipment.
    (10) 
    A completed full environmental assessment form Part 1, together with a visual assessment addendum.
    (11) 
    A cash deposit or bond from a surety company that is both an admitted carrier in the State of New York and has a Best's Rating of B- or better, or a Best's rating of four or better.
    (a) 
    The cash deposit or bond must be in an amount equal to 200% of the estimated cost of removing any wireless telecommunications facility, if it is abandoned, and of restoring the site, except that this requirement may be waived for a cells on wheels.
    (b) 
    In the event that a penalty is assessed pursuant to the provisions of this chapter, the Building Commissioner or the Town Comptroller may deduct the amount of such penalty from the cash deposit.
    (c) 
    The applicant must maintain the required cash deposit or bond at all times.
    (12) 
    A certificate of insurance naming the Town of North Hempstead as an additional insured.
    (13) 
    A copy of any Federal Communications Commission licenses and approvals allowing the applicant to operate a Wireless Telecommunications Facility.
    (14) 
    Certification by a licensed professional engineer or other qualified person that the proposed facility will not cause interference with existing communication devices and that electromagnetic radiation levels at the proposed site are within any threshold levels that have been adopted by the Federal Communications Commission.
    (15) 
    If the application involves the installation of a Small Cell Facility or DAS facility within the Public Right-of-Way, a listing of those addresses to which the applicant would be required to submit a notice of the application in compliance with Subsection E below.
    E. 
    Within five days of filing an application for an Antenna Location Permit that proposes to install a Small Cell Facility or DAS facility within the Public Right-of-Way, the applicant shall deliver, by certified mail, return receipt requested, and regular mail, 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 proposed installation. The notice shall be on the applicant's letterhead and shall state that a Small Cell Facility or DAS facility is proposed to be installed within 350 feet of the owner's property, that an application has been filed with the Building Department for an Antenna Location Permit for the facility, the date of the application, a map showing the location of the proposed Small Cell Facility or DAS facility, and an e-mail address maintained by the applicant where information regarding the application may be requested. The applicant shall, within five days of delivering the notices required by this section, submit to the Building Department an affidavit of mailing on a form maintained by the Building Department evidencing compliance with this section. The Building Commissioner shall provide a copy of this affidavit to the councilperson for the Town Council district in which the facility is to be located. In addition, within five days of the filing of an application described in this subsection, the Building Commissioner or his or her designee shall give notice to the councilperson for the Town Council district in which the facility is to be located that an application for an Antenna Location Permit has been filed and shall provide a copy of the application to the councilperson.
    F. 
    Review of applications for antenna location permits. Upon receipt of a complete application for an Antenna Location Permit, the Building Commissioner or his or her designee shall review such application to determine whether the application so qualifies for an Antenna Location Permit as defined in this chapter. If determined to be eligible for an Antenna Location Permit, such application shall be approved within the following time frames:
    (1) 
    Installation of a Small Cell Facility on an existing Right-of-Way Structure: 60 days.
    (2) 
    Installation of any other Wireless Telecommunications Facility on an Existing Support Structure: 90 days.
    (3) 
    Installation of a Small Cell Facility on a new Right-of-Way Structure: 90 days, unless it has been determined that the application creates a Substantial Change or otherwise does not meet the criteria of an Eligible Facilities Request, in which case other applicable provisions of this chapter apply, and further provided that the above time periods may be tolled if the Building Commissioner or his or her designee finds that the application is incomplete or if the Building Commissioner or his or her designee finds that additional information is needed to evaluate the application within 10 days of its submission. Once an Eligible Facilities request application has been approved, the Building Inspector shall issue the Antenna Location Permit and a building permit.