[HISTORY: Adopted by the Town Board of the
Town of Buchanan 11-4-1997 as Ch. 17 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 525.
The purpose of this chapter is to establish
general guidelines for the siting of towers and antennas. The intent
of this chapter is to:
A.
Encourage the location of towers in nonresidential
areas and minimize the total number of towers throughout the Town;
B.
Encourage co-location of new and existing tower sites;
C.
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal;
D.
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas; and
E.
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
As used in this chapter, the following terms
shall have the meanings indicated:
Man-made structures such as clock towers, water towers, buildings,
bell steeples, light poles and similar alternative-design mounting
structures that camouflage or conceal the presence of antennas or
towers.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, radio frequencies, wireless
telecommunications signals, including but not limited to directional
antennas, such as panel(s), microwave and satellite dishes, and omnidirectional
antennas, such as whip antennas.
The location of multiple antennas of more than one commercial
wireless communications service provider or governmental entity on
a single tower or alternative tower structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The governing authority of the Town (Town Board, Plan Commission,
Zoning Administrator).
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
A provider of personal wireless service facilities, as now
defined in Section 704 of the Telecommunications Act of 1996, 47 U.S.C.
§ 322, and as the same may be amended from time to time.
Transmitters, antenna structures and other types of installations
used to provide personal wireless services.
The meaning set forth in § 478-3D of this chapter.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
personal communication service towers, radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone
towers, alternative tower structures, and the like.
The area encompassing a tower and all supporting equipment,
structures, paved or graveled areas, fencing and other items used
in connection with said tower.
No permit is required for the following uses:
A.
Installing an antenna or tower on any existing structure
(such as a tower, building, sign, light pole, water tower, or other
freestanding nonresidential structure), and provided additional antenna
or tower adds no more than 20 feet to the height of said existing
structure.
B.
Public property. Antennas or towers located on property
owned, leased or otherwise controlled by the governing authority shall
be exempt from the requirements of this chapter, provided a license
or lease authorizing such antenna or tower has been approved by the
governing authority.
C.
Amateur radio and receive-only antennas. This chapter
shall not govern any tower or the installation of any antenna that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
D.
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, other than the requirements of § 478-4C. Any such towers or antennas shall be referred to in this chapter as "preexisting towers" or "preexisting antennas."
A.
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. A different existing
use or an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot. For purposes of determining
whether the installation of a tower or antenna complied with district
development regulations, including but not limited to setback requirements,
lot coverage requirements, and other such requirements, the dimensions
of the entire lot shall control even though the antennas or towers
may be located on leased parcels within such lots. Towers that are
constructed and antennas that are installed in accordance with the
provisions of this chapter shall not be deemed to constitute the expansion
of a nonconforming use or structure.
B.
Aesthetics; lighting.
(1)
Towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a light
gray so as to reduce visual obtrusiveness and blend in to the natural
setting and built environment.
(2)
At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening and landscaping that will blend the tower facilities to
the natural setting and built environment.
(3)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to or closely compatible
with the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(4)
Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority, If lighting is required,
the governing authority may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views.
C.
Federal requirements. All towers shall meet or exceed
current standards and regulations of the FAA, the FCC and any other
agency of the federal government with the authority to regulate towers
and antennas.
A.
Permit. An administratively approved permit is required
from the Town for the following permitted uses:
(1)
Antennas. Locating an antenna that adds more than
20 feet to the height of an alternative tower structure, including
placement of additional buildings or other supporting equipment used
in connection with said antenna, shall be a permitted use in all zoning
districts.
(2)
Towers. Locating a tower, including placement of additional
buildings or other supporting equipment used in connection with said
tower, shall be a permitted use in the AED, AGD, CL, CR, CP and IND
Zoning Districts. Construction of new towers is prohibited in residential
zoning districts.
[Amended 8-17-2010 by Ord. No. 2010-03]
(3)
Buildings. Buildings used for the exclusive use of
housing antenna and tower equipment shall be no larger than 150 square
feet per antenna.
B.
Prohibited areas. Locating a tower in a residentially
zoned area is prohibited.
[Amended 8-17-2010 by Ord. No. 2010-03]
Locating a tower, including the placement of
additional buildings or other supporting equipment used in connection
with said tower, in zoning districts other than the permitted use
zones, shall require a special exception use permit.
[Amended 8-17-2010 by Ord. No. 2010-03]
Applications for permitted or special exception
use permits shall adhere to the following:
A.
Any information of an engineering nature that the
applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
B.
Information required. Each applicant requesting a
permit under this chapter shall submit a scaled site plan and a scaled
elevation view and other supporting drawings, calculations and other
documentation, signed and scaled by appropriate licensed professionals,
showing the location and dimensions of all improvements, including
information concerning topography, radio frequency coverage, tower
height requirements, setbacks, drives, parking, fencing, landscaping,
adjacent uses, and other information deemed by the governing authority
to be necessary to assess compliance with this chapter.
C.
Factors considered in granting permits. The governing
authority shall consider the following factors in determining whether
to issue a permit, although the governing authority may waive or reduce
the burden on the applicant of one or more of these criteria if the
governing authority concludes that the intent of this chapter is better
served thereby.
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and
residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to
design characteristics that have the effect of accommodating other
uses and reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
D.
Availability of suitable existing towers or other
structures. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the governing authority that no
existing tower or structure can accommodate the applicant's proposed
antenna. Evidence submitted to demonstrate that no existing tower
or structure can accommodate the applicant's proposed antenna may
consist of any of the following:
(1)
No existing towers or structures are located within
the geographic area required to meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
E.
Accommodation of other users (co-location):
(1)
Any proposed telecommunications tower and tower site
shall be designed, structurally, electrically and in all respects,
to accommodate co-location of both the applicant's antenna(s) and
comparable antenna(s) for at least two additional users. Towers and
tower sites shall be designed to allow for future rearrangement of
antennas upon the tower, to accept antennas mounted at varying heights,
and to accommodate supporting buildings and equipment.
(2)
The holder of a permit for a tower shall allow co-location
for at least two additional users and shall not make access to the
tower and tower site for the additional users economically unfeasible.
If additional user(s) demonstrate (through an independent arbitrator
or other pertinent means) that the holder of a tower permit has made
access to such tower and tower site economically unfeasible, then
the permit shall become null and void.
F.
Setbacks and separations. The following setbacks and
separation requirements shall apply to all towers and antennas for
which a special permit is required; provided, however, that the governing
authority may reduce the standard setbacks and separation requirements
if the intent of this chapter would be better served hereby.
(1)
Towers shall be set back a distance equal to the height
of the tower from any residential structure.
(2)
Towers, guy wires and accessory facilities must satisfy
the minimum zoning district setback requirements.
(3)
Towers over 90 feet in height shall not be located
within 1/4 of a mile from any existing tower that is over 90 feet
in height.
G.
Security fencing. Tower sites shall be enclosed by
security fencing and shall be equipped with an appropriate anti-climbing
device sufficient to deter the general public from obtaining access
to the site.
H.
Landscaping. The following requirements shall govern
the landscaping surrounding towers; however, the governing authority
may waive such requirements if the intent of this chapter would be
better served thereby. Tower sites located in the CL, CR, CP and IND
Zoning Districts shall meet the requirements detailed in those sections.
(1)
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
site from adjacent property. The standard buffer shall consist of
a landscaped strip at least four feet wide outside the perimeter of
the security fencing.
(2)
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced or waived
altogether.
(3)
Existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large woodlots, natural growth
around the property perimeter may be sufficient buffer.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned. In
such circumstances, the following shall apply:
A.
The owner of such antenna or tower or owner(s) of
the property where the tower site is located shall remove said antenna
and/or tower, including all supporting equipment and building(s),
within 90 days of receipt of notice from the governing authority notifying
the owner of such abandonment. If removal to the satisfaction of the
governing authority does not occur within said 90 days, the governing
authority may remove and salvage said antenna or tower and all supporting
equipment and building(s) at the property owner's expense. If there
are two or more users of a single tower, then this provision shall
not become effective until all users cease using the tower.
B.
The applicant for a permit under this chapter shall submit a copy of a signed agreement between the property owner and owner of the tower, antenna(s) and supporting equipment and building(s) detailing requirements for abandonment and subsequent removal based on the provisions of Subsection A. Said agreement shall also identify that said agreement shall be binding on future property owner(s) and future owner(s) of a tower, antenna and all supporting equipment and building(s).
[Amended 8-17-2010 by Ord. No. 2010-03]
Permit application fees as listed in the Town
of Buchanan Fees and Licenses Schedule[1] must be paid and a bond of $50,000 must be posted for
removal of abandoned antennas and towers and proof of payment must
be shown when the annual renewal fee as listed in the Town of Buchanan
Fees and Licenses Schedule is paid.
[1]
Editor's Note: The Fees and Licenses Schedule is on file in
the Town Administrator's office.
