The Town Board, in order to facilitate the adequate
provision of public utility and municipal services, may, upon application
and after public hearing held upon notice, permit for a term of years
or otherwise any land and the buildings and structures erected or
to be erected thereon to be used, maintained and operated in any district
of the Town for such facilities of a public utility or municipal corporation
or special district as said Town Board shall find to be necessary
in order to provide adequate public utility or municipal services
to the residents of the Town of Putnam Valley.
A.
Underground lines. No public utility not directly
servicing the Town of Putnam Valley shall install lines for the transmission
of electric power through said Town unless the same is underground.
The Town Board shall, upon granting of a permit hereunder, impose
such reasonable and appropriate conditions, restrictions and safeguards
as it may deem necessary or desirable to promote the health, safety
and general welfare of the public community.
B.
Exceptions. In addition, nothing herein shall prevent
public utilities from providing electrical power or telecommunication
services for the direct consumption of users in the Town of Putnam
Valley along conventional secondary lines.
C.
Fees. The fee to accompany each application shall
be determined on an annual basis by resolution of the Town Board,
and a copy of the schedule of fees shall be available during business
hours at the office of the Town Clerk.
The Town Board may grant a special use permit
for the establishment of a public utility station or substation, subject
to the following conditions:
A.
When the station or substation is located in a residential
district, there will be no storage of vehicles, equipment or materials
in connection with such station or substation, and the property will
be suitably landscaped to conform to the residential character of
the neighborhood.
B.
The proposed station or substation shall not be detrimental
to the public health, safety and property values in the neighborhood.
C.
The design of the station or substation buildings
shall be harmonious with the character of the neighborhood and shall
not detract from the appearance and beauty of the neighborhood.
The Town Board may grant a special use permit
for the establishment of buildings and structures for the generation
of electric power, telecommunication services and for water supply,
treatment and storage facilities in any district, subject to the following
conditions:
A.
The proposed use will not create any nuisance.
B.
The development of the lot conforms to the lot coverage
and setback requirements of the base zoning district in which it is
located.
C.
When the buildings and structures are located in a
residential district, the property will be suitably landscaped to
conform to the residential character of the neighborhood.
D.
In residential districts, fuel shall not be used for
the generation of electric power by a public utility.
E.
The proposed buildings and structures shall not be
detrimental to the public health, safety and property value in the
neighborhood.
F.
The design of the buildings and structures shall be
harmonious with the character of the neighborhood and shall not detract
from the appearance and beauty of the neighborhood.
[Added 9-17-1997]
A.
Special use permits.
[Amended 10-21-1998 by L.L. No. 11-1998]
(1)
Applicability. Personal wireless service facilities
and personal wireless service towers shall be permitted principal
uses subject to special use permit by the Town Board pursuant to the
special requirements of this section. In the case of a personal wireless
service facility and personal service tower, the use may be a second
permitted principal use, provided that the lot has at least twice
the minimum net lot area required in the zoning district (see table:
Height, Bulk and Lot Regulations[1]).
[1]
Editor's Note: The Table of Height, Bulk and
Lot Regulations is located at the end of this chapter.
(2)
The following special use permit standards and requirements
shall apply to all personal wireless service facilities and towers:
(a)
For new tower construction or major modification
of an existing tower, a tower construction special use permit is required.
(b)
For a new personal wireless service facility,
or a major modification of an existing facility, a personal wireless
service facility special use permit is required, except in the case
of a new personal wireless service facility to be collocated on an
existing tower with empty available space which has been approved
under an existing valid special use permit.
B.
Purposes. The purposes of this personal wireless service
facilities and towers section are to:
(1)
Preserve the character and appearance of the Town
while simultaneously allowing adequate personal wireless services
to be developed.
(2)
Protect the scenic, historic, environmental and natural
or man-made resources of the community.
(3)
Provide standards and requirements for regulation,
placement, construction, monitoring, design, modification and removal
of personal wireless service facilities.
(4)
Provide a procedural basis for action within a reasonable
period of time for requests for authorization to place, construct,
operate or modify personal wireless service facilities.
(5)
Preserve property values.
(6)
Minimize the total number and height of towers throughout
the community.
(7)
Locate towers so that they do not have negative impacts,
such as but not limited to attractive nuisance, noise and falling
objects, on the general safety, welfare and quality of life of the
community.
(8)
Require owners of towers and personal wireless service
facilities to configure them so as to minimize and mitigate the adverse
visual impact of the towers and facilities.
(9)
Require tower sharing and the clustering of personal
wireless service facilities where possible.
C.
Consistency with federal law. These regulations are
intended to be consistent with the Telecommunications Act of 1996
in that: they do not prohibit or have the effect of prohibiting the
provision of personal wireless services; they are not intended to
be used to unreasonably discriminate among providers of functionally
equivalent services; they do not regulate personal wireless services
on the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
D.
Exempted wireless telecommunications uses. This section of Article XIII specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch; amateur (ham) radio; citizens band radio; any existing commercial radio tower and radio dispatch services for local businesses. No personal wireless service facility shall be considered exempt from this section of Article XIII for any reason whether or not said facility is proposed to share a tower or other structure with such exempt uses.
E.
Provision of independent consultants.
(1)
Upon submission of an application for a special use permit under this section of Article XIII, the Town Board shall hire independent consultants of their choosing whose services shall be paid for by the applicant(s). These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields: telecommunications engineering, structural engineering, or others as determined necessary by the Town Board.
(2)
The Town Board shall select the independent consultant(s)
after consultation with the Planning Board, which may propose a list
of qualified candidates.
F.
Prohibition of teleports. There shall be no teleport(s)
within the Town of Putnam Valley.
G.
Application requirements.
(1)
No tower or personal wireless service facility shall
be erected, constructed or installed without first obtaining a special
use permit from the Town Board. One or both of two kinds of special
use permits are required:
(a)
For new tower construction (or major modification
of an existing tower).
(b)
For personal wireless service facilities.
[1]
For personal wireless service facilities (or
major modification of an existing facility) to be mounted on an existing,
or newly permitted, tower or structure where empty available space,
approved under an existing valid special use permit, is not available.
[2]
Personal wireless service facilities to be co-located
on an existing tower or structure with empty available space, approved
under an existing valid special use permit, may be erected, constructed
or installed after obtaining a building permit from the Building Inspector.
The applicant shall provide the Building Inspector, the Planning Board,
the Town Board and the Town Clerk with an updated safety analysis,
prepared by radiation protection experts, of the cumulative electromagnetic
environment in the vicinity of the proposed personal wireless service
facility.
(c)
If applicant is applying for both permits, they
shall be submitted and examined concurrently. Applications shall be
submitted on the relevant forms for special use permit and site plan
approval or development approval plan. The following additional information
must also be submitted.
(2)
Justification of need.
(a)
Applicant shall provide written documentation
of any facility sites in Putnam Valley or in abutting towns in which
it has a legal or equitable interest, whether by ownership, leasehold
or otherwise. From each such facility site, it shall demonstrate with
written documentation that these facility sites are not already providing,
or do not have the potential by adjusting the site to provide, adequate
coverage to the Town of Putnam Valley. A map of Putnam Valley which
illustrates the areas which presently have and those which do not
have adequate coverage (based upon engineering evaluations, such as
drive-by testing) shall be provided along with a report of the supporting
engineering data suitable for review by an independent consultant.
The documentation shall include, for each facility site listed, the
exact location, ground elevation, height of tower or structure, type
of antennas, antenna manufacturer, antenna model number, antenna gain,
antenna downtilt, height of antennas on tower or structure, number
of channels, maximum effective radiated power per channel, actual
radiated power per channel and actual radiated power. Radial plots
from each of these facility sites shall be provided as part of the
application.
(b)
Applicant shall demonstrate with written documentation
that they have examined all facility sites located in Putnam Valley
and in abutting towns in which applicant has no legal or equitable
interest, whether by ownership, leasehold or otherwise, to determine
whether those existing facility sites can be used to provide adequate
coverage to the Town of Putnam Valley. The documentation shall include,
for each facility site listed, the exact location, ground elevation
and height of tower or structure as well as the applicant's proposals
for type of antennas, antenna manufacturer, antenna model number,
antenna gain, antenna downtilt, height of antennas on tower or structure,
number of channels, maximum effective radiated power per channel,
actual radiated power per channel, and actual total radiated power.
Radial plots from each of these facility sites shall be provided as
part of the application.
(c)
Applicant shall provide a safety analysis of
the electromagnetic environment in the vicinity of a proposed personal
wireless service facility prepared by radiation protection experts.
(d)
Applicant shall demonstrate with written documentation that they have analyzed the feasibility of repeaters (if appropriate for the technology in question) in conjunction with all facility sites listed in compliance with Subsection G(2)(a) or (b) above to provide adequate coverage to the Town of Putnam Valley. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.
(3)
Required documentation.
(a)
Copies of all submittals made by the applicant,
if required, pertaining to: FCC licensing; environmental impact statements;
FAA Notice of Construction or Alteration; aeronautical studies; and
all data, assumptions and calculations relating to service coverage
and power levels, regardless of whether categorical exemption from
routine environmental evaluation under the FCC rules is claimed.
(b)
The exact legal name, address or principal place
of business and phone number of the applicant. If any applicant is
not a natural person, it shall also give the state under which it
was created or organized.
(c)
The name, title, address and phone number of
the person to whom correspondence or communications in regard to the
application are to be sent. Notice, orders and other papers may be
served upon the person so named, and such service shall be deemed
to be service upon the applicant.
(d)
Name, address, phone number and written consent
to apply for this permit of the owner of the property on which the
proposed tower shall be located, or of the owner(s) of the tower or
structure on which the proposed facility shall be located.
(e)
Required plans and engineering plans, prepared,
stamped and signed by a professional engineer licensed to practice
in New York. (NOTE: Survey plans should also be stamped and signed
by a professional land surveyor registered in New York.) Plans shall
be on sheets no larger than 36 inches by 48 inches, on as many sheets
as necessary, and at scales which are no smaller (i.e. no less precise)
than listed below and which show the following information: Each plan
sheet shall have a title block indicating the project title, sheet
title, sheet number, date, revision dates, scale(s) and original seal
and signature of the professional engineer and other professionals
who prepared the plan.
(4)
For new tower construction, or major modification
of an existing tower, a tower construction special use permit is required.
(a)
Applicant shall provide a written commitment,
valid for the duration of the existence of the tower, to rent or lease
available space for co-location on the tower where legally, technically
and economically feasible, without discrimination to other personal
wireless service providers.
(b)
If applicant is not simultaneously applying
for a personal wireless service facilities special use permit, it
shall provide a copy of its existing lease/contract with a personal
wireless service provider. A tower construction special use permit
shall not be granted for a tower to be built on speculation.
(c)
The following plans and maps shall be required:
[1]
A location map, at a scale of one inch equals
1,000 feet showing the applicant's entire property and all easements
and streets and existing structures within 200 feet of the applicant's
property. The location shall include the names of owners of record
for all parcels within 200 feet.
[2]
A survey showing the proposed location, size
and use of all buildings and structures at a scale of one inch equals
50 feet.
[3]
A conceptual layout of site configurations and
improvements, including proposed tower location and any appurtenances,
including supports and guy wires, if any, and any accessory building
(communication equipment shelter or other). Indicate property boundaries
and setback distances to the base(s) of the tower and to the nearest
corners of each of the appurtenant structures to those boundaries
and dimensions of all proposed improvements.
[4]
In addition to the detailed site plan requirements listed in either § 165-16C(1) (for residential districts) or § 165-21C(1) (for nonresidential districts) of this chapter, the Planning Board will require:
[a]
A statement of whether an environmental
assessment has been prepared under the National Environmental Policy
act of 1969 and, if so, a copy of the findings.
[b]
Proposed utilities, including distance
from source of power, sizes of service available and required, locations
of any proposed utility or communication lines, and whether underground
or above ground.
[c]
Plans of proposed access driveway
or roadway and parking area at the tower site. Include grading, drainage
and traveled width. Plans shall include a cross section of the access
drive indicating the width, depth of gravel, paving or surface materials.
[d]
Details of the proposed tower and
appurtenances:
[i]
Plans, elevations, sections and
details at appropriate scales but no smaller than one inch equals
10 feet.
[ii]
Two cross sections through proposed
tower, drawn at right angles to each other, and showing the ground
profile to at least 100 feet beyond the limit of clearing and showing
any guy wires or supports. Dimension the proposed height of tower
above average grade at tower base. Show all proposed antennas, including
their location on the tower.
[iii]
Details of proposed tower foundation,
including cross sections and details. Show all ground attachments,
specifications for anchor bolts and other anchoring hardware.
[iv]
Detail proposed exterior finish
of the tower.
[v]
Indicate relative height of the
tower to the tops of surrounding trees as they presently exist and
the height to which they are expected to grow in 10 years.
[vi]
Illustration of the modular structure
of the proposed tower indicating the heights of sections which could
be removed or added in the future to adapt to changing communications
conditions or demands.
[vii]
A structural professional engineer's
written description of the proposed tower structure and its capacity
to support additional antennas or other communications facilities
at different heights and the ability of the tower to be shortened
if future communications facilities no longer require the original
height.
[viii]
A description of available space
on the tower, providing illustrations and examples of the type and
number of personal wireless service facilities which could be mounted
on the structure.
[e]
Proposed communications equipment
shelter:
(5)
For new personal wireless service facility, or major
modification of an existing facility, a personal wireless service
facility special use permit is required, except in the case of a new
personal wireless service facility to be co-located on an existing
tower with empty available space which has been approved under an
existing valid special use permit.
(a)
The following plans and maps:
[1]
A location map, at a scale of one inch equals
1,000 feet, showing the applicant's entire property and all easements
and streets and existing structures within 200 feet of the applicant's
property. The location shall include the names of owners of record
for all parcels within 200 feet.
[2]
Proposed facility plan. A recent survey of the
facility site at a scale of one inch equals 50 feet showing:
[a]
Horizontal and radial distances
of antenna(s) to nearest point on property line.
[b]
Horizontal and radial distances
of antenna(s) to nearest dwelling unit.
[c]
Proposed utilities, including distance
from source of power, sizes of service available and required, locations
of any proposed utility or communication lines and whether underground
or aboveground.
[d]
Any changes to be made to the existing
facility's landscaping, screening, fencing, lighting, drainage, wetlands,
grading, driveways or roadways, parking or other infrastructure as
a result of this proposed modification of the facility.
[3]
Proposed communications equipment shelter:
[4]
Proposed equipment plan:
[a]
Plans, elevations, sections and
details at appropriate scales but no smaller than one inch equals
10 feet.
[b]
Number of antennas and repeaters,
as well as the exact locations, of antenna(s) and of all repeaters
(if any) located on a map.
[c]
Mounting locations on tower or
structure, including height above ground.
[d]
Antenna type(s), manufacturer(s),
and model number(s).
H.
Approval process.
(1)
Preapplication conference for new towers. The applicant is strongly encouraged to apply for a preapplication conference by requesting a joint meeting of the Town Board, the Planning Board and, if a variance is required, the Zoning Board of Appeals immediately after establishing the need for a new tower and associated personal wireless service facilities. This action should take place prior to committing to a specific site. The documentation required for review at a preapplication conference for new towers is related to justification of need and is contained in Subsection G(2)(a) and (b) of this section.
[Amended 10-21-1998 by L.L. No. 11-1998]
(2)
Application review. The applicant is encouraged to apply for an application review by requesting a joint meeting of the Town Board, the Planning Board and, if a variance is likely to be required, the Zoning Board of Appeals for the purpose of a preliminary review of the written documentation prepared in accordance with Subsection G of this section and a concept plan prepared in accordance with Subsection G(3) of this section and, for tower construction special use permit applications, the information contained in Subsection G(4) of this section and, for personal wireless service facilities special use permit applications, the information contained in Subsection G(5) of this section. The purpose of this joint work session is to evaluate the completeness of the application.
[Amended 10-21-1998 by L.L. No. 11-1998]
(3)
Application for special use permit(s) under this section shall be presented to the Town Board at least four weeks prior to a public meeting and shall be accompanied by the appropriate fees, written documentation prepared in accordance with Subsection G of this section and a concept plan prepared in accordance with Subsection G(3) of this section. For tower construction special use permit applications, the information contained in Subsection G(4) of this section must also be provided as part of the application. For personal wireless service facilities special use permit applications, the information contained in Subsection G(5) of this section must also be provided as part of the application. In evaluating the concept, the Town Board will apply the parameters of appropriate siting contained in Subsection I(13) of this section.
(4)
At the time of application to the Town Board for a special use permit under this section, the applicant shall also apply to the Planning Board for a development approval plan (within residential districts) in accordance with § 165-16 of this chapter or for site plan approval (in nonresidential districts) in accordance with § 165-21 of this chapter. Before proceeding to the detailed site plan review phase before the Planning Board in accordance with either § 165-16 or § 165-21 of this chapter, the applicant must have received concept approval for the special use permit(s) from the Town Board.
(5)
In order to better inform the public, the applicant shall take the following actions prior to either the public meeting of the Town Board (Subsection A above) or the public meeting of the Planning Board (Subsection B above):
(a)
Balloon test. Applicant shall arrange to fly,
or raise upon a temporary mast, a three-foot diameter brightly colored
balloon at the maximum height of the proposed tower. The dates (including
a second date, in case of poor visibility on the initial date), times
and location of this balloon test shall be advertised by the applicant
at seven and 14 days in advance of the first test date in a newspaper
with a general circulation in the Town of Putnam Valley. The applicant
shall inform the Town Board and the Planning Board, in writing, of
the dates and times of the test, at least 14 days in advance. The
balloon shall be flown for at least eight consecutive hours sometime
between 7:00 a.m. and 4:00 p.m. of the dates chosen. The primary date
shall be on a weekend, but the second date, in case of poor visibility
on the initial date, may be on a weekday.
(b)
Sign. The applicant shall place a sign of 32
square feet on the property which is the subject of the application
10 days prior to the date of either the concept review by the Town
Board or the sketch plan review by the Planning Board. The sign shall
face a public street, and the information on the sign describing the
nature of the application must be in lettering clearly visible to
a passerby.
(6)
After receiving sketch plan approval for the site plan, a detailed site plan will be prepared in accordance with either § 165-16 or § 165-21 of this chapter. Whenever a tower construction special use permit is involved, the applicant will also provide the Planning Board with the information contained in Subsection G(4) of this section. Whenever a personal wireless service facility special use permit is involved, the applicant will also provide the Planning Board with the information contained in Subsection G(5) of this section.
(7)
Upon official receipt of a complete development approval
plan application (within residential districts) or a complete site
plan approval application (within nonresidential districts), the Planning
Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations:
(8)
Within 30 days of the granting by the Planning Board
of a DAP approval or a site plan approval conditioned upon the issuance
of the appropriate special use permit(s) by the Town Board, the Town
Board shall schedule and conduct a public hearing on the special use
permit(s). Within 62 days of the close of the public hearing, the
Town Board shall act to approve, deny or approve with conditions the
application for special use permit(s) under this section.
I.
General requirements:
(1)
New towers shall be set back at least one time the
height of the tower, plus 50 feet, from all boundaries of the site
on which the tower is located.
(2)
If the facility or tower site is in a wooded area,
a vegetated buffer strip of undisturbed trees shall be retained for
at least 50 feet in width around the entire perimeter except where
the access drive is located.
(3)
Fencing and signs. The area around the tower and communication
equipment shelter(s) shall be completely fenced for security to a
height of six feet and gated. Use of razor or barbed wire is not permitted.
A sign no greater than two square feet indicating the name of the
facility owner(s) and a twenty-four-hour emergency telephone number
shall be posted adjacent to the entry gate. In addition, no trespassing
or other warning signs must be posted on the fence.
(4)
Communication equipment shelters and accessory buildings
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. The buildings shall
be used only for the housing of equipment related to this particular
site. Whenever possible, the buildings shall be joined or clustered
so as to appear as one building.
(5)
New towers shall not exceed the minimum height necessary
to provide adequate coverage for the personal wireless service facilities
proposed for use on the tower. All applicants are encouraged to submit
a request for additional height to accommodate future co-location
and shall provide design information to justify such additional height.
Towers shall not exceed 150 feet in height unless the applicant demonstrates
to the satisfaction of the Town Board and the Planning Board that
the greater height is no more detrimental to the neighborhood or the
viewshed of the Town of Putnam Valley than would be a tower of lesser
height.
(6)
Tower finish. New tower(s) shall have a galvanized
finish unless otherwise required. The Town Board may require the tower(s)
to be painted to minimize the adverse visual impact.
(7)
Tower(s) must be of a type which will maximize potential
co-location. Lattice-type structures are preferred, but where a monopole
is requested, applicant must demonstrate the future utility of such
structure for expansion of service for applicant and other future
applicants.
(8)
The use of repeaters (if consistent with the technology under consideration) to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged. An applicant who has received a personal wireless service facility special use permit under this section of Article XIII, may, with at least 30 days written notice to the Town Board, the Planning Board, Building Inspector and Town Clerk, install one or more additional repeaters by right. Site plan review by the Planning Board shall be required. The Planning Board shall publish written notice of the public meeting date at least 14 days in advance. Applicants shall detail the number, location, power output and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.
(9)
Commercial advertising shall not be allowed on any
antenna, tower or accessory building or communication equipment shelter.
(10)
Unless required by the Federal Aviation Administration,
no night lighting of towers, or the personal wireless service facility,
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site.
(11)
No tower or personal wireless service facility
that would be classified as a hazard to air navigation, as defined
by the Federal Aviation regulations (Title 14 CFR) is permitted.
(12)
No tower or personal wireless service facility
with the exception of repeaters shall be located:
(a)
Habitable structures and places of public assembly.
[1]
Closer than 1,500 feet, on a horizontal plane,
to any structure, existing at the time of application, which is, or
is able to be, occupied or habitable on the property of any school
(both public and private).
[2]
Closer than 750 feet, on a horizontal plane,
to an existing dwelling unit, or day-care center, hospital, library,
nursing home, church, synagogue or other place of worship, or any
structure routinely used for public assembly.
(b)
No repeater shall be located closer than 50
feet to an existing dwelling unit, nor less than 25 feet above ground.
(c)
Within any of the following prohibited areas:
[1]
Town of Putnam Valley, New York DEC or federally
regulated wetland.
[2]
The habitat of any state-listed rare or endangered
wildlife or rare plant species.
[3]
Within 100 feet horizontally from the boundary
of any New York DEC or Town of Putnam Valley regulated wetland.
[4]
Within 50 feet horizontally from the edge of
any watercourse and/or water body.
[5]
Within 1,000 feet horizontally from any historic
structure or property (except roadways, traveled ways, parkways and
rights-of-way) listed or eligible to be listed on the state or federal
Register of Historic Places.
[Amended 10-21-1998 by L.L. No. 11-1998]
[6]
Within 500 feet horizontally from any known
archaeological site.
(13)
Parameters of appropriate siting:
(a)
Towers and personal wireless service facilities
shall be located so as to minimize the following potential impacts:
[1]
Visual/aesthetic. Towers shall, when possible,
be sited off ridgelines and where their visual impact is least detrimental
to highly rated scenic areas.
[2]
Diminution of residential property values. Siting
shall be in as low population density areas as possible.
[3]
Safety. In cases of structural failure and attractive
nuisance.
[4]
Safety from excessive electromagnetic radiation.
In case the tower or personal wireless service facility is found to
exceed the FCC guidelines.
(b)
The following locations are ranked in order
of preference:
[1]
Shared use of personal wireless service facilities
shall be strongly encouraged. Applicants who co-locate on towers with
empty available space which has been approved under an existing valid
special use permit require only a building permit from the Code Enforcement
Officer. In this case, the applicant shall provide the Code Enforcement
Officer, the Planning Board, the Town Board and the Town Clerk with
an updated safety analysis, prepared by radiation protection experts,
of the cumulative electromagnetic environment in the vicinity of the
proposed personal wireless service facility.
[2]
Clustering of towers. Applications for towers
adjacent to existing towers shall be encouraged.
[3]
The use of municipal lands which comply with
other requirements of this section, and where visual impact can be
minimized and mitigated, shall be encouraged.
[4]
The use of repeaters (if consistent with the
technology under consideration) to provide adequate coverage without
requiring new tower(s) shall be encouraged.
[5]
The use of land, distant from higher density
residential properties, and where visual impact can be minimized shall
be encouraged.
(c)
Towers and personal wireless service facilities
shall be located so as to provide adequate coverage with the least
number of towers and antennas which is technically and economically
feasible.
J.
K.
Approval criteria:
(1)
The Town Board shall, in consultation with the independent
consultant(s), make all of the applicable findings before granting
the special use permit, as follows:
(a)
That applicant is not already providing adequate
coverage to the Town of Putnam Valley;
(b)
That applicant is not able to use existing towers/facility
sites either with or without the use of repeaters (if appropriate
for the technology in question) to provide adequate coverage to the
Town of Putnam Valley;
(c)
That the applicant has agreed to rent or lease
available space for co-location on the tower where legally, technically
and economically feasible, without discrimination to other personal
wireless service providers;
(d)
That proposed personal wireless service facility
or tower will not have an undue adverse impact on historic resources,
scenic views, residential property values, natural or man-made resources;
and
(e)
That the proposal shall comply with applicable
FCC regulations regarding emissions of electromagnetic radiation (currently,
FCC 96-326).
(2)
Any decision by the Town Board to deny an application for a special use permit under this section of Article XIII shall be in conformance with SEC. 332 (47 U.S.C. § 332) (7)(B)(iii) of the Telecommunications Act of 1996, in that it shall be in writing and supported by substantial evidence contained in a written record.
L.
Evaluation of compliance.
(1)
Excessive emissions. Should the monitoring of a facility site reveal that the site exceeds the appropriate FCC standard (currently, FCC 96-326), then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the Town Board and the Code Enforcement Officer a plan for the reduction of emissions to a level that complies with the appropriate FCC standard (currently, FCC 96-326) within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special use permit and subject to penalties and fines as specified in Article XX of this chapter. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site, until compliance is achieved.
(2)
Structural inspection. Tower owner(s) shall be required
to conduct inspections of the tower's structural integrity and safety
every five years, utilizing the services of a professional with knowledge
of structural aspects of towers who is licensed to practice in New
York State. A report of the inspection results shall be prepared by
the licensed professional and submitted to the Town Board, the Planning
Board, the Town Engineer/Town Planner, the Code Enforcement Officer
and the Town Clerk.
(3)
Unsafe structure. Should any inspection of any tower reveal any structural defect(s) which, in the opinion of the Code Enforcement Officer render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special use permit and subject to penalties and fines as specified in Article XX of this chapter. Such fines shall be payable by the owner(s) of the tower, until compliance is achieved.
M.
Removal requirements.
(1)
Any personal wireless service facility which ceases
to operate for a period of one year shall be dismantled and removed
from the site within 60 days of receipt of a written notice from the
Code Enforcement Officer. "Cease to operate" is defined as not performing
the normal functions associated with the personal wireless service
facility and its equipment on a continuous and ongoing basis for a
period of one year. At the time of removal, the facility site shall
be remediated such that all personal wireless service facility improvements
which have ceased to operate are removed. If all facilities on a tower
have ceased to operate, the tower shall also be dismantled and removed
from the site within 60 days of receipt of a written notice from the
Code Enforcement Officer, and the site shall be revegetated. Existing
trees shall only be removed if necessary to complete the required
removal.
(2)
Prior to the issuance of a building permit, the owner
and operator of a communications tower shall provide the Town with
a surety bond or other financial security acceptable to the Town Attorney/Counsel
to assure that the funds are available to dismantle such tower, remove
any debris and to restore the site to a state acceptable to the Planning
Board. The estimate shall be prepared by the applicant's licensed
engineer, verified by the Town Engineer/Planner and approved, as to
form, by the Town Attorney/Counsel. The amount of such bond shall
be approved by the Town Board.
N.
Fees and insurance.
(1)
Towers and personal wireless service facilities shall
be insured by the owner(s) of towers and/or personal wireless service
facilities against damage to persons or property. The owner(s) of
towers and/or personal wireless service facilities shall provide a
certificate of insurance to the Town Clerk on an annual basis in which
the Town of Putnam Valley shall be an additional named insured.
(2)
A schedule of fees for towers and personal wireless
service facilities permitting and renewal, of escrow fund amounts
for independent consultants, and any other fees, shall be determined
by annual resolution of the Town Board.
O.
Rehearing. A request for the Town Board to hold a
rehearing to review any decision or determination of the Board not
previously reviewed may be made by any member of the Board. A unanimous
vote of all members of the Board then present is required for such
rehearing to occur. Upon such rehearing the Board may reverse, modify
or annul its original order, decision or determination upon the unanimous
vote of all members then present.
The Town Board may grant a special use permit
for the establishment of gas pipes or electric power transmission
lines underground. The Town Board may also grant a special use permit
for the establishment of above or below ground level gas pipes or
overhead electric power transmission lines where such use is deemed
essential to the public convenience and welfare of the Town of Putnam
Valley, including any standards and towers necessary. If the Board
shall find that underground installation of all or a portion of the
lines is not practicable and that there is no reasonable alternative
to the aboveground or overhead installation, the Board can determine
that the proposed above or below ground gas pipe or overhead electric
power transmission lines be installed and operated in accordance with
the following standards and conditions:
A.
Satisfactory evidence is submitted establishing that
there will be no interference with radio and television reception
on adjoining property and in the neighborhood.
B.
The proposed buildings and structures adjacent to
the transmission lines conform to all setback and height requirements
of this article.
C.
The proposed transmission lines, and any standards
and towers necessary therefor, are located so as to preserve and shall
not detract from the appearance and beauty of the community, to preserve
the scenic value of the town, to avoid occupancy of any ridgeline
and to avoid intrusion upon the scenic view of any adjoining property
owner or community.
D.
Existing woods, shrubs and trees will be maintained
to the extent consistent with the safe operation of the lines or that
trees and shrubs will be planted in cleared areas in order to maintain
property values of adjoining properties.
E.
The proposed transmission lines will be appropriately
and permanently guarded at all times in accordance with a guard plan
approved by the Board.
F.
A roadway, not less than 12 feet in width, shall be
provided along the full length of any transmission line, except over
a public or private street, right-of-way or over a pond or lake, to
allow access by emergency vehicles and conduct of the guard plan.
G.
The proposed transmission lines shall not be detrimental
to the public health, safety and property values and shall have a
right-of-way of at least four times the height of the towers.
Any special use permit granted pursuant to the
provisions of this section shall provide that the permittee shall
grant an easement by written instrument in recordable form which shall
provide for the use of the area of the right-of-way by the residents
of the
