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Town of Dayton, NY
Cattaraugus County
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[HISTORY: Adopted by the Town Board of the Town of Dayton 11-13-1997 by L.L. No. 3-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Wind energy conversion systems — See Ch. 166.
Zoning — See Ch. 180.
This chapter shall be entitled "Telecommunication Towers Local Law of the Town of Dayton."
This chapter shall apply to any telecommunications towers, including television towers for digital television.
The Zoning Board of Appeals shall hear and issue any special use permits as required under § 180-45 of Chapter 180, Zoning, of the Code of the Town of Dayton. A public hearing shall require notice in the official Town newspaper and information notice in Gowanda Pennysaver.
All applicants for a special use permit for the construction of a telecommunications tower in the Town of Dayton shall submit the following:
A. 
A report from a professional engineer which shall:
(1) 
Describe the tower and the technical, economic and other reasons for the tower design.
(2) 
State that the tower is structurally sound.
(3) 
Describe how many and what kinds of antenna are proposed.
(4) 
Describe how many and what kind of antenna are possible on the tower.
(5) 
Demonstrate that the site can contain on-site substantially all ice-fall or debris from tower failure.
(6) 
An analysis of the area containing existing topographical contours and a visual study depicting where within a three-mile radius any portion of the proposed tower could be seen.
B. 
A copy of the applicant's Federal Communications Commission (FCC) license, including any requirements from the Federal Aviation Administration (FAA).
C. 
A letter of intent committing the tower owner to negotiate in good faith for shared use by third parties in the future. This letter, which shall be filed with the Building Inspector prior to the issuance of a building permit (assuming the telecommunications tower is approved), shall commit the tower owner and its successors in interest to:
(1) 
Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.
(2) 
Negotiate in good faith for shared use by third parties.
(3) 
Allow shared use if an applicant agrees in writing to pay charges.
(4) 
Make no more than a reasonable charge for shared use based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land cost, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the cost of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
D. 
The reports and evaluations required in § 165-6, Shared use, and use without causing electromagnetic interference.
[Amended 8-26-2002 by L.L. No. 1-2002; 2-8-2011 by L.L. No. 1-2011]
A. 
When an existing building is proposed to be used, the applicant shall submit the following:
(1) 
A full environmental assessment form (EAF) and the visual addendum to the EAF. The Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual addendum.
(2) 
A site plan.
(3) 
Any other material that the Zoning Board of Appeals deems necessary to evaluate the application.
B. 
Any permit granted pursuant to this chapter shall be valid only for the number and any type of antennas, and the related equipment in the application and approval. Any increase in the number or change in the type of antennas or tower equipment for any existing tower must be approved by the Zoning Board of Appeals and will be subject to an application fee of $750.
A. 
At all times, shared use of existing towers shall be preferred to the construction of new towers.
B. 
An applicant shall be required to present an adequate report inventorying existing towers, and approved, but unbuilt towers, within a reasonable distance of the proposed site. If an appropriate communications tower or towers are available, the applicant shall submit a written evaluation of the feasibility of sharing such tower.
(1) 
The evaluation shall analyze, but is not limited to, the following factors:
(a) 
Structural capacity of the tower or towers;
(b) 
Radio frequency interference;
(c) 
Geographic service area requirements;
(d) 
Mechanical or electrical incompatibilities;
(e) 
Inability or ability to locate equipment on the tower or towers;
(f) 
Cost, if fees and costs for sharing would exceed the cost of a new communications tower over a twenty-five-year period; and
(g) 
Any restriction or limitations of the Federal Communications Commission that would preclude the shared use of the tower.
(2) 
A telecommunications tower that is determined to be inappropriate for sharing shall be assumed to be inappropriate for sharing the same types of facilities in the future. Such towers will not need to be evaluated in the future regarding sharing with the same type of facility for which it has been determined to be inappropriate. The Town shall maintain a list of such towers, and shall provide such list to all applicants or potential applicants for a special use permit for a telecommunications tower.
C. 
An applicant shall not be required to share use of an existing telecommunications tower if the cost is unreasonable. Those costs include, but are not limited to, structural reinforcement of the existing tower, preventing transmission or receiver interference, additional site screening, and other charges including real property acquisition of a lease required to accommodate shared use. Costs associated with this subsection shall be considered unreasonable if they exceed the cost of the proposed new use at a new and separate location, over a twenty-five-year period.
D. 
The applicant shall be required to submit a report demonstrating a good-faith effort to secure shared use of an appropriate existing communication tower. Written requests and responses for shared use shall be provided.
A. 
The use of suitable existing buildings and structures shall be encouraged over the construction of new towers, wherever feasible.
B. 
The applicant shall prepare an inventory of buildings and structures in the cell search area to determine if any may be suitable to accommodate the antenna. If suitable structures are located, the applicant shall enter into good-faith negotiations with the building owner to secure rights to place one or more antennas on such structures.
C. 
The applicant shall be required to submit a report demonstrating a good-faith effort to secure shared use of the existing building or structure. Written requests and responses shall be provided.
D. 
An applicant shall not be required to use an existing building or structure if the cost is unreasonable. Costs associated with this subsection shall be considered to be unreasonable if they exceed the cost of the proposed new use at a new and separate location, over a twenty-five-year period.
Towers and antennae shall comply with all existing setbacks within the zoning district in which they are sited. Additional setbacks may be required by the Zoning Board of Appeals to contain on-site substantially all ice-fall or debris from tower failure an/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities.
A. 
All towers and accessory facilities shall be sited to have the least practical adverse effect on the environment.
B. 
Placement of the antenna or tower on a suitable existing structure, such as a church steeple, water tower or silo is encouraged, whenever feasible.
C. 
Towers shall not be artificially lighted, except as required by the Federal Aviation Administration (FAA).
D. 
Towers shall be a galvanized finish or painted gray or silver above the surrounding treeline and painted gray, green or black or other neutral color 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.
E. 
Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter, measured at a height of four feet off the ground, shall take place prior to approval of the special use permit.
F. 
No portion of any tower may be used for signs or advertising purposes, including the company name, banners, streamers, etc.
G. 
The applicant shall demonstrate that proposed height for the tower and antenna is the minimum necessary to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved.
A. 
The Zoning Board of Appeals may require fencing around the tower and any associated building. The fence shall be minimum of eight feet in height.
B. 
Landscaping shall be planted on the outside of the fencing. The landscaping may be installed on the inside of the fencing, subject to the approval of the Zoning Board of Appeals, if the survivability or utility of landscaping on the exterior of the fencing is questionable.
C. 
The Zoning Board of Appeals may require evergreen hedges or other planting strips as necessary to screen portions of the facility. Installation of new plantings will not be required in those places where the presence of existing vegetation or structures is sufficient to screen the tower and accessory buildings, or in cases where the proposed landscaping would not be visible.
A. 
All obsolete and unused telecommunication towers shall be removed within 12 months of cessation of use.
B. 
The owner of the telecommunication tower shall annually file a declaration with the Town Board of the Town of Dayton as to the continuing operation of every facility installed subject to this chapter.
C. 
The Zoning Board of Appeals may require, as a condition of approval of the special use permit, that the applicant post a bond with the Town, sufficient to allow the Town to have the unused tower removed, if the owner fails to do so within the prescribed time period.
[Amended 8-26-2002 by L.L. No. 1-2002; 11-14-2006 by L.L. No. 2-2006]
A. 
The applicant shall pay an application fee of $3,000 to the Town Clerk on the application's being filed with the Town for the proposed telecommunications tower. Said application fee is not refundable if the application is denied. For each antenna, there shall be an additional fee of $1,000; provided, however, that this initial application fee for tower antennas shall not exceed $6,000. Every three years there shall be a renewal fee of $500 due which shall be collected by the Town Clerk after inspection of the telecommunications tower by the Code Enforcement Officer every three years.
B. 
The Town of Dayton reserves the privilege to charge additional reasonable fees to the applicant for engineering and/or other consultants' services as may from time to time be required in conjunction with reviewing and analyzing pertinent information relative to such applications.
[Added 8-26-2002 by L.L. No. 1-2002]
Any person who or which shall violate any provisions of this chapter shall be punishable, upon conviction, by a fine of not more than $250 or a term of imprisonment not to exceed 15 days, or both.