§ 216-111.1. Telecommunications cellular towers., Article XII. Special Exceptions Subject to Approval of the Board of Trustees, Chapter 216. Zoning, Part II. General Legislation, Code of Ordinances, Old Westbury

Telecommunications cellular towers may be permitted in any zone in the Village by the Board of Trustees as a special exception.

In granting a special exception under this section, the Board of Trustees shall limit the tower to the minimum size required to provide service as required by the Federal Communications Commission standards.

In considering an application under this section, it may be granted only if the 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 depreciate the property values in the area. The Board shall also consider the aesthetic impact of the proposal and may impose conditions to mitigate it and other impacts.

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.

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.

In the event that the applicant wishes to locate a tower on property owned by the Village of Old Westbury or the Old Westbury Water Department, this section shall be inapplicable and the tower may be erected on said Village property in accordance with the contract which is entered with and approved by the Board of Trustees.