The Board of Trustees of the Village of Kings Point

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PLEASE TAKE NOTICE 

The Board of Trustees of the Village of Kings Point, at a regular meeting held on Thursday, October 10, 2019, duly adopted Local Law 12 of 2019, which reads as follows:

Local Law 12 of 2019, a local law amending Chapter 161, Telecommunication Towers, of the Code of the Village of Kings Point.

Be it enacted by the Board of Trustees of the Village Kings Point

Section 1.  § 161-81, Definitions, of Chapter 161, Telecommunication Towers, of the Code of the Village of Kings Point, is hereby amended by adding the definitions of “Alteration” and “Wireless Facility”, to read, respectively, as follows:

“ALTERATION – includes, but is not limited to:

A. Any additional cabinets or other boxes containing telecommunications equipment.

B. Increasing the size of a previously approved cabinet or other box containing telecommunications equipment by more than 1 foot in height, 1 foot in width, or 1 foot in depth.

C. Raising any telecommunications equipment by more than 5 feet.

D. Installing any new telecommunications equipment that permits the emission of radiofrequency radiation greater than previously approved.

E. Increasing the radiofrequency radiation emitted from the wireless facility.”

“WIRELESS FACILITY” – Equipment and related enclosures to implement the emission of radiofrequency radiation or other frequency or transmission signals.”

Section 2. § 161-84, Performance, installation and design standards, of said Chapter 161, is hereby amended by adding a new subsection “K”, to read as follows:

“K. The equipment for small wireless facilities shall be placed underground to the extent practicable.”

Section 3.  Subsection B of § 161-91, Procedural requirements, of said Chapter 161, is hereby amended to read as follows:

“B.  Small wireless facilities.

(1) The Board shall conduct a public hearing.

(2) Notice of the public hearing shall be published in the official newspaper of the Village and mailed by the applicant to all property owners, as shown on the Village real property tax assessment rolls, within 400 feet of the location of all proposed small wireless facilities by certified mail return receipt requested and first class mail not more than 30 days and not less than 20 days before the hearing.

(3) In the event that any new locations are subsequently proposed, the applicant shall notify the property owners within 400 feet of the new location by certified mail return receipt requested and first class mail, of the new location and the next hearing at which they may be heard with regard to the application.  No application for such new location shall be granted until those property owners have at least 10 days’ notice from the date of the mailing to appear at a public hearing with regard to those new locations.

(4) The applicant shall provide a certification from a qualified engineer that the wireless facility will not emit a radiofrequency radiation or other frequency or transmission signal greater than approved by the Federal Communications Commission.

(5) The applicant shall provide a current report from a qualified engineer or other professional acceptable to the Village as to all adverse health impacts from the proposed wireless facility.

(6) The applicant shall provide certificates of insurance in such forms and amounts as are then currently required for building permits for single-family dwellings within the Village, naming the Village of Kings Point, its officers and employees as additional insureds.

(7) The Board shall use its best efforts and due diligence to review an application to collocate a small wireless facility using an existing structure within 60 days of its receipt of a complete application.

(8) The Board shall use its best efforts and due diligence to review an application to deploy a small wireless facility using a new structure within 90 days of its receipt of a complete application.

(9) Not more than 30 days and not less than 10 days before each anniversary of the issuance of the permit, the applicant shall provide a certified current report from a qualified engineer or other professional acceptable to the Village confirming that: 

(a) the wireless facility is not emitting a radiofrequency radiation or other frequency or transmission signal greater than approved by the Federal Communications Commission;

(b)  the wireless facility is not emitting a radiofrequency radiation or other frequency or transmission signal different from that approved by the Village; and

(c) a current report as to all adverse health impacts from the wireless facility and that the adverse health impacts are no greater than those at the time the permit was issued.

(10) In the event that the annual certified report set forth in subdivision 8 is not provided to the Village within 15 days of demand by certified mail return receipt requested to the last address given to the Village Clerk of the applicant or any subsequent operator of the wireless facility, the permit shall be terminated and the wireless facilities shall be removed within 30 days thereafter.

(11) In the event that the wireless facilities are not removed within said 30-day period, the wireless facilities shall be deemed abandoned and of no value and the Village shall have the right to remove them and dispose of them and the applicant or last subsequent operator shall reimburse the Village for any and all costs the Village incurred for such removal and disposal.”

Section 4.  Effective date.  This local law shall take effect immediately.

Dated:  Kings Point, New York BY ORDER OF THE BOARD OF TRUSTEES

October 11, 2019 VILLAGE OF 

KINGS POINT

Gomie Persaud, Village Clerk-Treasurer

GNN #152055

1x 10/18​/2019 #152055

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