On November 17, 2021, the Town of North Castle in Westchester County, New York adopted a new local law governing wireless telecommunications facilities.
The new law may be found online:
https://ecode360.com/NO0492/laws/LF1448526.pdf
Among other things, the law governs the location, dimensions, and technical aspects of wireless telecommunications facilities. The law applies different standards to tower-based facilities such as traditional cell towers, non-tower-based facilities such as antennas on an existing rooftop, and small wireless facilities such as antennas on existing utility poles. The law seeks to strike a balance between providing wireless coverage to the Town and protecting the public safety and minimizing any adverse visual impacts caused by the facilities.
The law sets forth the minimum requirements for applying for such a facility, the procedures for processing said application, and the criteria upon which the application will be adjudged.
The law requires the applicant to submit a performance bond and a removal bond.
The law details the insurance requirements for the facility owner/operator and requires the facility owner to defend and indemnify the Town with respect to any claims in connection with the facility.
According to the law, the Town seeks to:
1. Regulate the placement, construction and modification of Wireless
Communication Facilities to protect the safety and welfare of the public;
2. Provide for the managed development of Wireless Communications
Facilities in a manner that enhances the benefits of wireless
communication and accommodates the needs of the public and wireless
telecommunications operators in accordance with federal and state laws
and regulations;
3. Establish procedures for the design, siting, construction, installation,
maintenance and removal of Tower-Based, Non-Tower-Based, and
Small Wireless Communications Facilities in the Municipality,
including facilities both inside and outside the Public Rights-of-Way;
4. Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, and other Wireless
Communications Facilities;
5. Encourage the co-location of Wireless Communications Facilities on
existing Wireless Support Structures rather than the construction of new
Wireless Support Structures;
6. Protect the public from potential adverse impacts of Wireless
Communications Facilities and preserve, to the extent permitted under
law, the visual character of established communities and the natural
beauty of the landscape;
7. Ensure that Wireless Communications Facilities will be removed in the
event that such Wireless Communications Facilities are abandoned or
become obsolete and are no longer necessary; and
8. Update the Municipality’s Wireless Communications Facilities law to
incorporate changes in federal and state laws and regulations.
For questions about telecommunications law, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to keith@betenskylaw.com. We look forward to hearing from you.
Betensky Law PLLC
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Mount Kisco, New York 10549
(914) 338-8050
keith@betenskylaw.com
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