This chapter shall be known and may be cited
as the "Town of Webster Communication Installation, Freestanding Tower,
Satellite Dish, Antenna and Pole Local Law."
The Town Board of the Town of Webster, Monroe
County, New York, acting under the authority of the Town Law of the
State of New York, hereby adopts and enacts this chapter as its Communication
Installation, Freestanding Tower, Satellite Dish, Antenna and Pole
Local Law.
A.
The purposes of
this chapter include the provision for communication installations,
freestanding towers, satellite dishes, antennas and flagpoles for
the enjoyment and convenience of the residents of the Town of Webster,
while at the same time providing for the maximum protection of the
health, safety and aesthetic sensibilities of the residents.
B.
It is a further
purpose of this chapter to prevent visual intrusion of such communication
installations, freestanding towers, satellite dishes, antennas and
flagpoles and to protect residents from unsafe structures and equipment;
to promote the health, safety and general welfare of the residents
of the Town of Webster; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations and to protect the natural features and aesthetic characteristics
of the Town of Webster.
C.
The Town of Webster
recognizes the increased demand for wireless communications transmitting
facilities and the need for the services they provide. Often, these
facilities require the construction of a communication tower. The
unaesthetic intrusion of large or high structures of unusual shape
or size, monolithically towering above standard-appearing homes and
structures, can be disturbing to visual sensitivities. Bulk and visual
impact of such installations create aesthetic problems making it appropriate
to have some special limitations as to size and placement thereof.
The intent of this chapter is to protect the town's interest in properly
siting towers in a manner consistent with sound land use planning
while also allowing wireless services providers to meet their technological
and service objectives.
D.
The proliferation
of the construction and installation of communication towers, satellite
antennas, parabolic dishes, energy-creating devices and other similar
equipment and devices must be controlled so as to protect the health,
safety and welfare of the citizens to the maximum degree possible
to coordinate and control the same so as to preserve and protect the
aesthetic qualities of the Town of Webster and its environs. Accordingly,
this chapter is enacted to accomplish this stated purpose, and the
intent of this chapter is to provide a means of controlling the installation
and maintenance of such installations. This chapter is furthermore
intended to provide a safe way to maintain the aesthetic character
of and harmony within the Town of Webster.
E.
Among other things,
reasonable controls contribute to the good appearance of the town,
stabilize property values, assure the safety of the owner and others
and, in general, contribute to the preservation of a pleasant community
in which to work and live.
F.
This chapter shall
be construed and administered so as not to unduly hamper reasonably
satisfactory reception of satellite television signals.
G.
This chapter is
intended to comply fully with the Federal Telecommunications Act of
1996.
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a communications tower, and located on the same
lot as the communications tower, including utility or transmission
equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications but excluding those used either for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar communications.
Any receiving antenna other than a satellite antenna.
See "antenna."
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
A pole used exclusively for the display of a flag, pennant
or insignia of any nation or group of nations or of any state, city
or other political unit or of any political, educational, charitable,
philanthropic, civic, professional, religious, campaign, drive, movement
or event.
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions of such use subject
to the approval of the Town Board.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
A structure on which one or more transmitting and/or receiving
antenna is located.
Any tower, pole, windmill or other structure, whether attached
to a building, guyed or freestanding, designed to be used for and/or
for the support of any device for the transmission and/or reception
of radio frequency signals, including but not limited to broadcast,
shortwave, citizen's band, FM or television, microwave and any wind-driven
devices, whether used for energy conservation or not.
A.
No transmission
tower, telecommunication tower, communication installation, freestanding
tower, satellite dish, antenna and/or pole shall hereafter be used,
erected, moved, reconstructed, changed or altered except after approval
of a special use permit and in conformity with these regulations.
B.
No existing structure
shall be modified to serve as a transmission tower, telecommunication
tower, communication installation, freestanding tower, satellite dish,
antenna and/or pole unless in conformity with this chapter.
The following are exempt from the application
of this chapter:
A.
The repair and
maintenance of existing communications towers and antennas.
B.
Antennas used
solely for the residential household television and radio reception.
C.
Satellite antennas
one meter (39.37 inches) or less in diameter, building mounted, installed
according to manufacturer's recommendations, adequately secured and
meeting all electrical code requirements regardless of the zoning
district in which it is located. For safety reasons, no such satellite
antenna shall be placed on a fire escape, placed so as to impair ingress
or egress to a building or structure nor placed within 10 feet of
a power line.
D.
Satellite antennas
measuring two meters (78.74 inches) or less in diameter, building
mounted, installed according to manufacturers recommendations, adequately
secured, meeting all electrical code requirements and located in the
following commercial districts: I-N Industrial District, HC High-Intensity
Commercial District, MC Medium-Intensity Commercial District, LC Class
I Neighborhood Commercial District, LC Class II Low-Intensity Commercial
District and CO Commercial Outdoor Storage District. For safety reasons,
no such satellite antenna shall be placed on a fire escape, placed
so as to impair ingress or egress to a building or structure nor placed
within 10 feet of a power line.
E.
Lawful or approved
uses existing prior to the effective date of this chapter.
