INCORPORATED VILLAGE OF HUNTINGTON BAY
Local Law No. 2 of the Year 2009

A new Chapter 16 entitled, "Communication Towers and Communication Antennae".

Be it enacted by the Board of Trustees of the Incorporated Village of Huntington Bay as follows:

The Code of the Village of Huntington Bay is hereby amended to add Chapter 16 to read as follows:

Chapter 16

COMMUNICATION TOWERS AND COMMUNICATION ANTENNAE

ARTICLE I
Communication Towers and Antennae

§ 16-1. Title.
§ 16-2. Purpose.
§ 16-3. Prohibitions.
§ 16-4. Special Use Permit.
§ 16-5. Considerations by Board in Granting Special Use Permits.
§ 16-6. Variances.
§ 16-7. Site Plan Review.
§ 16-8. Conditions.
§ 16-9. SEQRA Review.
§ 16-10. Property Owned by Village.
§ 16-11. Severability.
§ 16-12. When effective.

ARTICLE I
Communication Towers and Communication Antennae
[Adopted 2-9-2009 by L.L. No. 2-2009]

§ 16-1. Title.

This article shall be known as the “Village of Huntington Bay Communication Tower Law.”

§ 16-2. Purpose.

The purpose of this Chapter is to establish general guidelines for the placement of communication towers and communication antennae and to encourage the location of towers in areas that are least intrusive to Village residents by configuring any such towers in a way that minimizes the adverse visual impact of same through careful design, landscape screening and innovative camouflaging techniques.

§ 16-3. Prohibitions
Communication towers and communication antennae shall not be permitted in any Waterfront Preservation District, Steep Slope Area or lot which is less than two (2) acres in size.

§ 16-4. Special Use Permit.
Communication towers and communication antennae may be permitted in any non-prohibited area of the Village by the Board of Trustees after a public hearing and issuance of a special use permit.

§ 16-5. Considerations by Board in Granting Special Use Permits.
In granting a special use permit under this article the Board of Trustees shall limit the tower and antennae to the minimum size required to provide service as required by the Federal Communications Commission standards.

§ 16-6. Variances.
Should a proposed communication tower or antenna fail to meet the requirements set forth in Chapter 91, the Zoning Code of the Village of Huntington Bay, an Applicant must first apply to the Zoning Board of Appeals for any variances required and receive an approval before it may make application to the Board of Trustees for a special use permit. In considering an application under this section, a variance may be granted only if the Zoning Board makes specific findings that the location of the tower will not be detrimental to the health, safety and general welfare of the community and will not tend to negatively impact the property values in the area. The Zoning Board shall also consider the aesthetic impact of the proposal and may impose conditions to mitigate it and other impacts. The Zoning Board must utilize a two-prong approach when evaluating a communication service provider’s application for a variance:

a) Has the provider demonstrated a need for its facilities?
b) Will the needs of the broader public be served by granting the variance?

§ 16-7. Site Plan Review.
In addition to making application for a special use permit, an applicant who seeks to construct and/or install a communication tower and/or antenna shall be subject to Site Plan Review. The Board of Trustees acting as the Planning Board of the Village of Huntington Bay shall consider the provisions set forth in Chapter 91 Article III, § 91-11.E when reviewing a site plan for construction of a communication tower or antenna.

§ 16-8. Conditions.
The Board may impose reasonable conditions to mitigate the impact of the use on the surrounding area. However, the Board may not impose any conditions which have the effect of prohibiting personal wireless service.

§ 16-9. SEQRA Review.
In connection with an application under this section the applicant shall prepare, at a minimum, a long-form environmental assessment statement under the State Environmental Quality Review Act (SEQRA) rules and regulations. In the event that the Board determines that a Draft Environmental Impact Statement (DEIS) is required, it shall so advise the applicant in accordance with SEQRA.

§ 16-10. Property Owned by the Village.
In the event that the applicant wishes to locate a tower or antenna on property owned by the Village of Huntington Bay, this article shall be inapplicable, and the tower or antenna may be erected on said Village property in accordance with the contract which is entered into and approved by the Board of Trustees.

§ 16-11. Severability.

If any part or provision of this Chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Chapter or the remainder thereof had such invalid application or invalid provision been apparent.

§ 16-12. When Effective.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State of New York.