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Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Adopted 3-5-1997 by L.L. No. 3-1997]
The Town of Evans recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities. The intent of this article is to regulate the location, construction and modification of telecommunication facilities in accordance with the guidelines of the Telecommunications Act of 1996 and other applicable laws by:
A. 
Accommodating the need for telecommunication towers/antennas while regulating their location and number in the community.
B. 
Minimizing adverse visual impacts of these towers/antennas through proper design, siting and screening.
C. 
Preserving and enhancing the positive aesthetic qualities of the built and natural environment in the Town of Evans.
D. 
Providing for the health, safety and welfare of the community by avoiding potential damage to adjacent properties from tower failure, falling ice, etc., through engineering and proper siting.
E. 
Requiring the joint use of towers when available and encouraging the placement of antennas on existing structures to reduce the number of such structures in the future. No new tower may be established if there is a technically suitable space available on an existing communications tower or structure within the search area that the new cell site is to serve.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A nonhabitable accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communication services (PCS) and microwave communications.
TELECOMMUNICATION FACILITIES
Towers and/or antennas and accessory structures together used in connection with the provision of cellular telephone service, personal communications services, digital and/or data communication services, paging services, radio and television broadcast services and similar broadcast services.
TOWER
A structure designed to support antennas. It includes without limit, freestanding towers, guyed towers, monopoles and similar structures which do or do not employ camouflage technology.
No telecommunication facility shall be sited, located, constructed, erected or modified without issuance of a building permit and such permits or approvals as are prescribed in this article.
A. 
Colocated/existing structure antennas.
(1) 
An antenna that is to be attached to an existing communications tower, smoke stack, water tower or other existing structure is permitted in all zoning districts. The antenna is permitted as of right upon issuance of a building permit. The building permit application will include a structural analysis/report (certified by a New York State licensed professional engineer or architect) verifying the ability of the structure to handle the antenna and certification by a qualified radio frequency engineer that the cumulative emissions from the site meet federal guidelines. The height of the new antenna shall not extend above the height of the existing structure by more than 50 feet.
(2) 
The antenna and any mounting structure and related equipment shall be integrated into said structure in such a manner as to minimize its visual impact to the greatest extent practicable.
B. 
Noncolocated/new structure antennas. An antenna that will not be mounted on an existing structure as defined above or is more than 50 feet higher than the existing structure on which it is mounted is permitted in accordance with the following regulations:
(1) 
General requirements. No application for a noncolocated or a new site for a telecommunications facility shall be considered complete unless and until the applicant shall have submitted a report which establishes to the satisfaction of the Town Board the following:
(a) 
That the applicant is required to provide service to locations which it is not able to serve through existing facilities which are located either within or outside of the town, showing the specific locations and/or areas the applicant is seeking to serve.
(b) 
The report shall set forth an inventory of existing facilities and/or structures, within or outside of the town, which might be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve and include a report on the possibilities and opportunities for colocation as an alternative to a new site.
(c) 
The applicant must demonstrate that the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Town due to one or more of the following reasons:
[1] 
The proposed equipment would exceed the existing and reasonably potential structural capacity of existing facilities or structures within or outside of the Town considering existing and planned use for those facilities or structures.
[2] 
The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be mitigated or prevented.
[3] 
Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably and/or the applicant has not been able, following good-faith efforts, to reach an agreement with the owner(s) of such facilities or structures.
[4] 
Other reasons which make it impracticable to locate or place the proposed equipment on said facilities or structures.
(2) 
Zoning districts, approvals and bulk requirements:
(a) 
Municipal – or government-owned property and industrially zoned (L-1, G-1) areas: site plan application (per § 200-53). If the tower is to be set back less than the height of the proposed tower to any residential district, then the application will require a tower special permit per § 200-53 and site plan approval. All towers shall be set back a minimum of 500 feet from any residential dwelling, school or designated historic structure.
[Amended 5-2-2012 by L.L. No. 1-2012]
(b) 
A-OS, R-A, GB and MS Zoning Districts: site plan review and a tower special permit as set forth in § 200-53. The tower must be set back a minimum of the height of the tower from any residentially zoned property or any front yard line and be a minimum of 500 feet, from any residential dwelling, school or historic structure. Towers exceeding 175 feet in height in commercial (A-OS, RA, GB and MS) Zoning Districts shall be treated as Type I Actions under the State Environmental Quality Review Act (SEQRA).
[Amended 11-1-2006 by L.L. No. 10-2006]
(c) 
NB and Residential (R-R, R-1, R-1-L, R-2, MFR-4 and MHR-5) Zoning Districts: site plan review and a tower special permit.
[Amended 11-1-2006 by L.L. No. 10-2006]
[1] 
The tower must be set back a minimum of the height of the tower from all property lines and any existing building and be a minimum of 750 feet from any residential building, school or historic structure.
[2] 
The maximum height of a tower in these zoning districts is 175 feet. An area variance for height will be needed from the Zoning Board of Appeals to exceed this height.
[3] 
All applications for telecommunications facilities in these zoning districts shall be treated as Type I Actions under the State Environmental Quality Review Act (SEQRA).
All applicants for a tower special permit shall make written application to the Town Board through the Town Planning Department. This application shall include:
A. 
Tower special permit application form.
B. 
Applicable fees.
C. 
Site plan application forms, including a long form EAF.
D. 
Site plan, in form and content acceptable to the town, prepared to scale and in sufficient detail and accuracy showing at a minimum:
(1) 
The exact location of the proposed tower, together with guy wires and guy anchors, if applicable.
(2) 
The maximum height of the proposed tower.
(3) 
A detail of tower type (monopole, guyed, freestanding or other).
(4) 
The color or colors of the tower.
(5) 
The location, type and intensity of any lighting on the tower.
(6) 
The property's boundaries. (A copy of a property survey must also be provided).
(7) 
Proof of the landowner's consent if the applicant will not own the property. (A copy of a lease agreement must also be provided if the applicant will not own the property).
(8) 
The location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower.
(9) 
The names of adjacent landowners.
(10) 
The location, nature and extent of any proposed fencing and landscaping or screening.
(11) 
The location and nature of proposed utility easements and access road, if applicable.
(12) 
Building elevations of accessory structures or immediately adjacent buildings.
E. 
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
F. 
A "search ring" prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating file area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Planning Board why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for colocated antenna(s) and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunication companies concerning colocation is part of this requirement.
G. 
The Town staff/advisory committees and Planning Board, upon reviewing the application, may request reasonable additional visual and aesthetic information as it deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscaping plans, line-of-sight drawings and/or visual simulations from viewpoints selected by the Town staff/advisory committees. Line-of-sight drawings and visual simulations are mandatory for applications in agricultural, residential and neighborhood business zoning districts.
[Amended 11-1-2006 by L.L. No. 10-2006]
H. 
In historic districts and important preservation/conservation areas the Town may require additional site plan and tower special permit requirements. These requirements can include specially designed towers, additional screening, greater setbacks and improved landscaping. In siting, these areas should be avoided to the maximum extent possible.
The following criteria will be considered by the Town prior to the approval/denial of a request for a tower special permit. The criteria listed may be used as a basis to impose reasonable conditions on the applicant. All denials shall be in writing and supported by substantial evidence contained in a written record. Town special permits are nonassignable and nontransferable.
A. 
Siting preferences.
(1) 
The Town may express a preference that the proposed telecommunications facility be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically feasible and available location. A guideline for the town's preference, from most favorable to least favorable districts/property, is as follows:
(a) 
Property with an existing structure suitable for colocation.
(b) 
Municipal- or government-owned property.
(c) 
L-1 and G-1 Districts.
(d) 
A, R-A, GB and MS Districts.
[Amended 11-1-2006 by L.L. No. 10-2006]
(e) 
NB or (R-R, R-1, R-1-L, R-2, MFR-4 and MHR-5) Residential Districts and Historic District and important preservation/conservation areas.
[Amended 11-1-2006 by L.L. No. 10-2006]
(2) 
Any request by the Town for information on a preferred alternate site shall not unreasonably delay the application.
B. 
Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(1) 
Tower height, location and design are matters of primary public concern. The Planning Board may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design.
(2) 
The Planning Board will require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(3) 
The Town will require the applicant to show that it has made good-faith efforts to colocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.
(4) 
Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA) or the town. Towers shall be of a nonreflective finish, color subject to Board approval, unless otherwise required by the FAA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.
(5) 
No tower shall contain any signs or advertising devices. Notwithstanding the foregoing, the Board may require appropriate signage indicating ownership of the facility and phone numbers to call in case of emergency.
(6) 
The applicant must submit a copy of its policy regarding colocation on the proposed tower with other potential future applicants. Such policy should allow colocation under the following conditions: the new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant or pose any technical or radio frequency interference with existing equipment, the party desiring to colocate pays the applicant an appropriate and reasonable sum to colocate and the party desiring to colocate has a similar policy of colocation for the applicant.
(7) 
All other uses ancillary to the antenna/tower and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the site unless otherwise permitted in the particular zoning district.
C. 
Radio-frequency effect. The Planning Board may impose a condition on the applicant that the communication antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency (EPA) technical exposure limits and that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded.
D. 
Traffic, access and safety.
(1) 
A road turnaround and one parking space shall be provided to assure adequate year-round emergency and service access. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road right-of-ways for the siting of a tower or antenna(s) accessory structures is prohibited.
(2) 
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism.
(3) 
The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
(4) 
There shall be no permanent climbing pegs within 30 feet of the ground on any tower.
E. 
Removal of tower. The applicant shall agree to remove the tower if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The Planning Board, in its discretion, may require the applicant to provide a demolition bond for purposes of removing the telecommunications facility in case the applicant fails to do so as required above.
F. 
Structural safety. During the application process the applicant shall provide a certification from a qualified, licensed engineer, certifying that the tower meets applicable structural safety standards. The owner shall also have a structural inspection performed every two years by a licensed professional engineer. A report shall be submitted to the Town describing the structural integrity of the facility, maintenance issues and repairs needed or made, if any. Structural deficiencies shall be remedied within a reasonable time.
G. 
Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair.
The following are exempt from the provisions of this article:
A. 
Towers and antenna(s) may be repaired and maintained without restriction.
B. 
Antennas used solely for residential household television and radio reception.
C. 
Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less diameter, regardless of location.[1]
[1]
Editor's Note: FCC Rule Regarding Preemption of Local Zoning Regulations for Satellite Antennas 47 CFR Part 25.
A. 
The Town Board may waive or vary any requirements in this article for good cause shown.
B. 
In the event of any conflicts or inconsistencies between this article and any other local law, including the zoning law, this article is meant to control telecommunications towers and similar facilities in the Town unless otherwise specifically referenced in this article.
C. 
Tower special permits authorized by this article shall only be issued by the Town Board after referral and recommendation by the Planning Board and after holding a public hearing that has been advertised in the same manner as for an amendment to the zoning law.
A. 
This article is adopted pursuant to the zoning and planning powers granted to the Town under applicable law. In the event of any violation of this article or any permit(s) issued hereunder, the Town may seek enforcement under any available authority, including but not limited to Town Law § 268.
B. 
Any facility receiving a Town special permit that substantially does not meet the requirements and/or conditions of that permit shall have its permit revoked, and the tower and other facilities shall be removed within 90 days of notification by the town.