[Added 5-25-2005 by L.L. No. 3-2005]
A.
The purpose of this article is to establish predictable
and balanced regulations for the siting of telecommunications facilities
in order to accommodate the growth of such facilities while protecting
the public against any adverse impacts on aesthetic resources and
the public safety and welfare. The Town of Shandaken wants to accommodate
the need for telecommunications facilities while regulating their
location and number, minimizing adverse visual impacts through proper
design, siting and screening, avoiding potential physical damage to
adjacent properties, and encouraging joint use of tower structures.
B.
The article also seeks to minimize the total number
of telecommunications towers in the community by encouraging shared
use of existing and future towers and the use of existing tall buildings
and other high structures, in order to further minimize adverse visual
effects from telecommunications towers.
C.
This article is not intended to prohibit or have the
effect of prohibiting the provision of personal wireless services
nor shall it be used to unreasonably discriminate among providers
of functionally equivalent services consistent with current federal
regulations.
A.
The Planning Board is hereby authorized to review
and approve, approve with modifications or disapprove special use
permits for telecommunications facilities pursuant to this article.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are reasonable related to and incidental
to the proposed telecommunications facility, including, but not limited
to, the use of camouflage of the tower structure and/or antenna to
reduce visual impact.
B.
Except as provided below, no telecommunications facility
shall hereafter be erected, moved, reconstructed, changed or altered
and no existing structure shall be modified to serve as a telecommunications
facility, except after obtaining a special use permit in conformity
with this article.
C.
Telecommunications antenna placed on existing telecommunications
towers or on existing structures do not require a special use permit,
unless it will be modified in such a way as to increase its height,
or a new accessory structure would be built.
D.
The Planning Board may waive any or all of the requirements
for approval for applicants proposing minor changes to existing facilities
and for applicants proposing the use of camouflage for a telecommunications
tower when the Board finds that such camouflage significantly reduces
visual impact to the surrounding area. However, the Board may not
waive the requirement that a public hearing be held on the application.
E.
No special permit shall be issued, with the exception
of Town-owned sites, until the applicant provides proof that space
on the telecommunications tower has been leased or will be operated
by at least two cellular communication providers licensed by the FCC
to provide service to the public.
[Amended 4-7-2008 by L.L. No. 2-2008]
F.
Any modifications of an existing facility shall require
notification to be submitted to the Zoning Enforcement Officer for
review. For the purposes of this subsection, "modification" is defined
as any alteration, change or proposed change from that which was originally
submitted as an application.
No special use permit relating to a telecommunications
facility shall be authorized by the Planning Board unless it finds
that such facility:
A.
Is necessary to provide adequate service to locations
that the applicant is not able to serve with existing facilities;
B.
Conforms to all applicable regulations promulgated
by the Federal Communications Commission, Federal Aviation Administration,
and other federal agencies; and
C.
Will be designed and constructed in a manner which
minimizes visual impact to the extent practical;
D.
Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
facility.
A.
Project participants.
(1)
Provide the names, addresses, phone and fax
numbers of the following involved parties, as appropriate:
(a)
The landowner of the project site to be purchased
or leased;
(b)
The service provider-corporate and point of
contact [include the FCC license number and certificate of need as
a public utility (as/if applicable)];
(c)
Engineering consultant(s);
(d)
Legal representative(s); and
(e)
Other authorized service providers proposing
to collocate on the tower now or in the near future.
(2)
Where collocation is proposed, provide the names,
addresses and phone numbers of the current owner(s) of the tower,
building or structure upon which the collocation was considered or
is proposed.
B.
Site description.
(1)
Provide a narrative description of the proposed
project site, including:
(a)
Existing site improvements, including access,
utilities, and the presence of existing towers, buildings, or other
structures;
(b)
Vegetative cover [e.g., plant cover types, species,
tree types (average, minimum, and maximum heights) relative condition
(health) of the vegetation; and tree stand density]
(c)
Slopes;
(d)
Soils and the depth to bedrock;
(e)
Wetlands and surface water bodies;
(f)
Site drainage;
(g)
Any special plant and animal habitats contained
on the NYSDEC Natural Heritage Program database; and
(h)
Any historic or archeological resources on the
site and any historic resources adjacent to the site.
(2)
Where collocation is proposed, provide to-scale
site plans and elevations of the existing tower, building or structure
to be used for collocation.
(3)
Provide plans, elevations, and details showing
the proposed electronic communications facilities and existing antennas
located on the tower.
C.
Site plan and construction details.
(1)
Provide a detailed, labeled, and to-scale site
plan that includes the following information:
(a)
Scale, North arrow, date and name of preparer;
(b)
Project site boundaries (if part of a larger
parcel, include a map of the larger, parent parcel and the location
of the area to be acquired or leased for the project);
(c)
Abutting property owners, names and addresses;
(d)
All bodies of water; wetlands; permanent or
intermittent streams; and mean high-water mark for larger water bodies
on or adjoining the project site;
(e)
Existing and proposed topographic contours at
two-foot intervals in and within 200 feet of all proposed areas to
be disturbed;
(f)
All existing and proposed buildings, structures,
roads, utilities, and driveways;
(g)
Existing vegetation cover types and tree lines;
(h)
The proposed limits of vegetation disturbance
and/or clearing related to the proposed construction of the site access,
tower, and accessory structures;
(i)
All trees four inches or greater in size (diameter
at breast height, DBH) to be removed;
(j)
All proposed plantings; and
(k)
All existing and proposed drainage and erosion
control and stormwater management facilities.
(2)
For any new or improved access roads or driveways,
provide a grading plan, center-line profile, and cross sections (every
100 feet showing proposed and existing contours at two-foot intervals)
and identify the construction material(s) (e.g., gravel, asphalt).
(3)
Provide detailed construction plans and elevation
of the proposed tower, antennas, equipment shelters (enclosed building,
structure, cabinet, shed or box to contain batteries and electrical
equipment). Show all foundations, piers, structural supports, cross
arms, guy wires and anchors, antenna-mounting mechanisms and signage.
Label the size, material and provide color sample of all towers, antennas,
and accessory structures (e.g., equipment shelters, security fencing,
signage). Applicants should make every effort to construct the towers
below the maximum height of land in the surrounding areas.
(4)
The Planning Board reserves the right to consider
applications that offer the most comprehensive cell phone coverage
to the Town.
D.
Site access, construction and operation.
(1)
Describe the type, location, and size of any
road and/or driveway providing existing and proposed access to the
proposed tower site.
(2)
Describe any proposed temporary or permanent
improvements, including any proposed vegetation removal, site drainage,
crossing of streams or wetlands and installation of impervious, paved
surfaces and utilities.
E.
Visual impact analysis. Provide a visual impact analysis
for the proposed project as described in Appendix I (Model Visual
Impact Analysis VIA) pp. 45-52 of The Planning and Design Manual for
the Review of Applications for Wireless Telecommunications Facilities,
March 2001 (available from Zoning Enforcement Officer, Town of Shandaken).
F.
Telecommunications data The following documentation
shall accompany the initial application for new base transceiver station
(BTS) facility construction or collocation. Two distinct classes of
proposed sites are "coverage" sites and "capacity" sites. Some items
listed below may not be required in cases where the Planning Board
agrees that the proposed site is suitable as proposed. Such cases
might arise when it is known that a site will not cause significant
visual impact and when the proposed site will not force the selection
of more controversial neighboring BTS sites at a later date.
(1)
Initial application documents relevant to BTS
coverage sites.
(a)
The search ring map with alternate sites marked.
(b)
Existing cellular/PCS coverage propagation plot
showing existing operational neighboring sites up to five miles beyond
the boundary of the municipality. This will help the municipality
understand the need for more BTS sites and where they might be located.
(c)
Same as above except add in all proposed sites
that are not the subject of the current application. This will aid
the municipality in gaining a picture of the network planning and
to what extent the subject proposed BTS is required.
(d)
Same as above except add in the subject of the
current application and a reasonable number of alternate sites (one
plot per proposed site, antenna elevation at the required height)
evaluated by the applicant. In particular, note the need for future
BTS facilities and carefully note the expected location of a search
ring to assure it is not more controversial than that which results
from other alternate sites.
(e)
A narrative of sufficient detail to allow the
municipality to understand why individual sites are deemed not viable
(technical and/or visual) and why the proposed site stands out as
the best visual prospect of all the alternate sites.
(2)
Initial application documents relevant to BTS
capacity sites.
(a)
History plot of busy hour capacity approaching
sector capacity. This plot allows forecasting increasing user demand
in a given cell sector that, unless addressed, will cause undue blocked
or dropped calls.
(b)
Propagation plots to demonstrate the rf coverage
of the existing BTS sites and the proposed capacity sites and alternative
sites if applicable (one plot per site).
(c)
A narrative or outline that addresses the antenna
height required for the new capacity site and the reduction of antenna
height (if so proposed) that results at neighboring sites. Such antenna
height reductions may provide the opportunity for removal of tower
sections so as to reduce the existing visual impact.
(d)
Utilities. Describe existing utility services
(e.g., electric, telephone, etc.) to the project site and any improvements
necessary to construct and operate the proposed project.
(e)
Other regulatory permits and approvals.
[1]
The applicant shall identify all
permits or approvals necessary from local, state or federal agencies
for this proposed project; Provide names and phone numbers of key
points of contact with said agencies; Provide copies of written approvals
and other permits received.
[2]
Provide adequate documentation
from the New York State Office of Parks, Recreation and Historic Preservation
that the project will not have any impact on archeological resources
or any structures or areas eligible for or inclusion on the National
or New York State Historic Registers. If the Historic Preservation
Office determines that there is a potential for impacts to archeological
or historic resources, then provide its recommendations for mitigation
of those resources.
[3]
Provide adequate documentation
from the New York State Department of Environmental Conservation regarding
the presence or absence of any protected species (natural heritage
information).
G.
Collocation.
(1)
The tower provider shall allow Town and Emergency
Services space for, and access of, antennae needed for such services
free of rental charges. The Town or Emergency Services provider will
pay for installation and maintenance only.
(2)
The shared use of existing telecommunications
towers or other structures shall be preferred to the construction
of new facilities. Where practical and feasible, applicants should
design a proposed telecommunications service facility to accommodate
future demand for similar facilities which comply with the design
standards set forth herein.
(3)
Any special use permit application, renewal
or modification thereof shall include proof that reasonable efforts
have been made to collocate within an existing telecommunications
facility or upon an existing structure within a reasonable distance,
regardless of municipal boundaries, of the site. The applicant must
demonstrate that the proposed telecommunications facility cannot be
accommodated on existing telecommunications facilities due to one
or more of the following reasons:
(a)
The planned equipment would exceed the structural
capacity of existing and approved telecommunications facilities or
other structures, considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency
interference with other existing or planned equipment, which cannot
be reasonably prevented;
(c)
Existing or approved telecommunications facilities
or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably;
(d)
Other technical reasons make it impracticable
to place the equipment proposed by the applicant on existing facilities
or structures; and
(e)
The property owner or owner of the existing
telecommunications facility or other structure refuses to allow such
collocation or requests an unreasonably high fee for such collocation
compared to current industry rates.
H.
Fall zones. Telecommunications facilities shall be
constructed so as to minimize the potential safety hazards and be
located in such a manner that if the facility should fall, it will
remain within the property boundaries and avoid habitable structures,
public streets, utility lines and other telecommunications facilities.
I.
Setbacks. Telecommunications facilities shall comply
with all existing setbacks within the affected zone. Setbacks shall
apply to all tower parts, including guy wire anchors, and to any accessory
facilities. Additional setbacks may be required by the Planning Board
to contain on-site substantially all icefall or debris from tower
failure and/or to preserve privacy of adjoining residential and public
property.
J.
Lighting. Applicants must comply with the FAA requirements.
K.
Visibility and aesthetics.
(1)
Towers shall be a galvanized finish or painted
gray above the surrounding treeline and painted gray, green, black
or similar colors designed to blend into the natural surroundings
below the surrounding treeline unless other standards are required
by the FAA. Towers should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements.
(2)
Accessory uses shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(3)
All towers, buildings, facilities, fences and
related structures shall be designed to blend with the natural and/or
man-made surroundings to the maximum extent practicable.
(4)
Structures offering slender silhouettes (i.e.,
monopoles or guyed tower) may be preferable to freestanding lattice
structures except where such freestanding structures offer capacity
for future shared use. The Planning Board may consider the type of
structure being proposed and the surrounding area.
(5)
The applicant must examine the feasibility of
designing a proposed telecommunications tower to accommodate future
demand for additional facilities.
L.
Vegetation and screening.
(1)
Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
four inches in diameter shall take place prior to approval of the
special use permit. Clear-cutting of all trees in a single contiguous
area shall be minimized to the extent possible.
(2)
The Planning Board may require appropriate vegetative
buffering around the fences of the tower base area, accessory structures
and the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas, waterways, historic or scenic areas,
or public roads.
M.
Access and parking.
(1)
A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads (See Code of the Town of Shandaken Subdivision of Land, § 105-18I.) and shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(2)
Equipment or vehicles shall not be stored on
the facility site.
N.
Signage. The use of any portion of a telecommunications
facility for signs for promotional or advertising purposes, including
but not limited to company name, phone numbers, banners, streamers,
and balloons is prohibited. The Planning Board may require the installation
of signage with safety information.
O.
Security.
(1)
Towers, anchor points around guyed towers, and
accessory structures shall each be surrounded by fencing not less
than six feet in height.
(2)
There shall be no permanent climbing pegs within
15 feet of the ground.
(3)
Motion-activated or staff-activated security
lighting around the base of a tower or accessory structure entrance
may be provided if such lighting does not project off the site.
(4)
A locked gate at the junction of the accessway
and a public thoroughfare may be required to obstruct entry by unauthorized
vehicles. Such gate must not protrude into the public thoroughfare.
P.
Engineering standards.
(1)
All telecommunications facilities shall be built,
operated and maintained to acceptable industry standards. Each application
must contain a site plan for the facility containing the signature
of an engineer licensed by the State of New York.
(2)
The applicant shall maintain the telecommunications
service facility in good condition, including, but not limited to,
structural integrity of the mount and security barrier, painting,
maintenance of stealth camouflaging, and maintenance of the buffer
areas and landscaping. The facility owner shall submit to the Zoning
Enforcement Officer an inspection report, if required by the owner's
insurance carrier, by an accepted tower maintenance company certifying
the continued safety of the facility.
Enforcement of this article shall be the duty of the Code Enforcement Officer in accordance with Chapter 12 of the Code of the Town of Shandaken.
At the time of submission of the application
for a telecommunications facility, the applicant shall submit a contract
agreement to remove all antennas, driveways, structures, buildings,
equipment sheds, lighting, utilities, fencing, gates, accessory equipment
or structures, as well as any tower or tower pad used as a telecommunications
facility if such facility becomes technologically obsolete or ceases
to perform its originally intended function for more than 12 consecutive
months. Upon removal, the land shall be restored to its previous condition,
including but not limited to the seeding of exposed soils.
