The Zoning Board of Appeals of the Town of Vernon is hereby authorized to review and approve, approve with modifications or disapprove tower special use permits and site plans consistent with Article 16 of the Town Law of the State of New York, §§ 274-a and 274-b. All cellular towers, windmills and accessory facilities must comply with Article XXI and/or Article XVI, as applicable. The Zoning Board of Appeals will continue to have jurisdiction over special use permits for uses aside from telecommunications facilities.
The Town of Vernon recognizes the increased demand for wireless communications transmitting facilities and wind generation facilities and the need for the services they provide. Often, these facilities require the construction of a tower and associated structures. The intent of this article is to regulate telecommunications and wind generation facilities (i.e., towers) in accordance with the guidelines of the Telecommunications Act of 1996 by:
A. 
Accommodating the need for towers/antennas while regulating their location and number in the community.
B. 
Minimizing adverse visual impacts of these towers while regulating their location and number in the community.
C. 
Preserving and enhancing the positive aesthetic qualities of the built and natural environment in the Town of Vernon.
D. 
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 telecommunications tower or structure within the search area that the new cell site is to serve.
A. 
No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Zoning Board of Appeals unless it finds that such telecommunications facility:
(1) 
Is necessary to meet current or expected demands for service;
(2) 
Conforms to all applicable regulations promulgated by the Federal Communications Commission, the Federal Aviation Administration and other federal agencies;
(3) 
Is considered a public utility in the State of New York;
(4) 
Is designed and constructed in a manner which minimizes visual impact to the extent practical;
(5) 
Complies with all other requirements of this chapter, unless expressly superseded herein;
(6) 
Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility;
(7) 
When including the construction of a tower, such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower. However, the additional equipment will require Town staff review.
B. 
A building permit is required for all new and collocated towers and structures in the Town of Vernon.
A. 
Collocated/Existing structure antennas. An antenna that is to be attached to an existing communications tower, smoke stack, water tower or other structure is permitted in all zoning districts. However, all freestanding towers (noncollocated/new structure antennas), individual or in group, shall be located on individual lots in preferred zoning districts. The antenna is permitted upon issuance of a building permit. The building permit application will include a structural analysis/report verifying the ability of the structure to handle the antenna. The height of the new antenna shall not extend above the height of the existing structure by more than 50 feet.
B. 
Noncollocated/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 as follows:
(1) 
In all zoning districts, a tower special use permit, per §§ 139-119 and 139-120, and site plan review as set forth in Article XXI of the Town Zoning Law.
(2) 
In addition to a State Environmental Quality Review Act (SEQRA) full environmental assessment form (EAF), the Zoning Board of Appeals may require a visual assessment form (visual EAF/SEQRA form) as an addendum to the full EAF for telecommunications facilities proposed at key viewpoints in the community. The Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF.
(3) 
The tower must be set back a minimum of the height of the tower from all property lines and any existing building.
(4) 
The maximum height of a tower in all zoning districts is 195 feet. An area variance for height will be required from the Zoning Board of Appeals to exceed this height, following initial approval by the Zoning Board of Appeals.
(5) 
Towers shall be located on individual parcels of land and have free access for maintenance purposes.
All applicants for a tower special use permit shall make written application to the Zoning Board of Appeals.
A. 
This application shall include:
(1) 
Town-supplied permit application form.
(2) 
Proof of notification (certified mail return receipts to be given to the Town by the applicant) of all property owners within 500 feet of the boundaries of the property on which the tower is to be constructed.
(3) 
Appropriate fee. (See the Town fee schedule in § 139-124.)
(4) 
Site plan application forms, including long-form EAF.
(5) 
Site plan, in form and content acceptable to the Town according to Article XXI of the Town Zoning Law, prepared to scale and in sufficient detail and accuracy, showing at a minimum:
(a) 
The exact location of the proposed tower, together with guy wires and guy anchors, if applicable.
(b) 
The maximum height of the proposed tower.
(c) 
A detail of tower type (monopole, guyed, freestanding or other).
(d) 
The color or colors of the tower.
(e) 
The location, type and intensity of any lighting on the tower.
(f) 
The property boundaries. (A copy of a property survey, including metes and bounds description, must also be provided.)
(g) 
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.)
(h) 
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 from the tower.
(i) 
The names of adjacent landowners.
(j) 
The location, nature and extent of any proposed fencing and landscaping or screening.
(k) 
The location and nature of proposed utility easements and access road, if applicable.
(l) 
Building elevations of accessory structures or immediately adjacent buildings.
(m) 
An agricultural data statement if located within 500 feet of an agricultural taxing district.
(6) 
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer (signed and sealed by a professional engineer registered in the State of New York), demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
(7) 
A search ring prepared by a qualified radio frequency engineer (signed and sealed documents by a professional engineer registered in the State of New York) and overlaid on an appropriate background map demonstrating the 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 Zoning Board of Appeals 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 a collocated antenna(s), and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.
B. 
The Zoning Board of Appeals, 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 Zoning Board of Appeals. Line-of-sight drawings and visual simulations are mandatory for applications in residential and agricultural zoning districts.
The following criteria will be considered by the Zoning Board of Appeals prior to the approval/denial of a request for a tower special use permit; the criteria listed may be used as a basis to impose reasonable conditions on the applicant.
A. 
Siting preferences.
(1) 
The Zoning Board of Appeals may require that the proposed telecommunications facility be located in an alternate 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 collocation.
(b) 
C-M Districts.
(c) 
C-1 Districts.
(d) 
Planned development districts.
(e) 
Agricultural districts.
(f) 
Planned Development Entertainment and Tourism Districts.
(g) 
Agricultural/Residential districts.
(h) 
Planned Unit Development Districts.
(i) 
Residential districts.
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 effect on neighboring residences to the extent possible, the Zoning Board of Appeals may impose reasonable conditions on the applicant, including the following:
(1) 
The Zoning Board of Appeals 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 Zoning Board of Appeals may 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 Zoning Board of Appeals can request additional site plan requirements such as specially designed towers, additional screening, greater setbacks and improved landscaping to address aesthetic concerns.
(4) 
The Zoning Board of Appeals may require the applicant to show that he has made good-faith efforts to collocate 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.
(5) 
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). Towers shall be of a nonreflective finish, the color of which shall be subject to approval. Any lights which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.
(6) 
No tower shall contain any signs or advertising devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.
(7) 
The applicant must submit a copy of its policy regarding collocation with other potential future applicants on the proposed tower. Such policy must allow collocation.
C. 
Radio-frequency effect. The Zoning Board of Appeals may impose a condition on the applicant that the communications 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 emergency and service access. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower's 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.
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 Zoning Board of Appeals shall require the applicant to provide a demolition bond (in an amount determined by the Zoning Board of Appeals based on the cost of removal) for purposes of removing the telecommunications facility in case the applicant fails to do so as required above. The applicant shall submit to the Zoning Board of Appeals estimated costs for removal.
F. 
Structural safety. During the application process and every three years after construction of the tower, the applicant/owner shall provide to the Codes Enforcement Officer a certification from a qualified, professional engineer, certifying that the tower meets applicable structural safety standards.
G. 
Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair.
A. 
Exemptions shall be as follows:
(1) 
Antennas used solely for residential household television and radio reception.
(2) 
Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.
B. 
Towers and antennas may be repaired and maintained without restriction.
A. 
The owner/applicant shall submit to the Zoning Board of Appeals a completed, written application and site plan under Article XXI. The procedure will be the same as called for in those sections except it will be followed by the Zoning Board of Appeals as opposed to the Zoning Board of Appeals. Upon receipt of such application and site plan, the Zoning Board of Appeals shall conduct a two-step review process. The Zoning Board of Appeals shall first determine whether the applicant qualifies for a special use permit according to §§ 139-119 and 139-120 of this article. Then, the Zoning Board of Appeals shall conduct site plan review in accordance with Article XXI of the Town Zoning Law.
B. 
Any application requiring a tower special use permit and any other approvals from another board (i.e., Zoning Board of Appeals) must receive Zoning Board of Appeals approval prior to any action by any other boards.
C. 
The Zoning Board of Appeals, in determining whether to issue a tower special use permit, shall follow the procedure set forth in Town Law § 274-b, entitled "Approval of special use permits." In the event such statutory provisions are renumbered or recodified, the renumbered or recodified provisions shall apply and are incorporated herein by reference. In particular, the Zoning Board of Appeals shall conduct a public hearing within 62 days from the date an application is received, with notice of said hearing to be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Zoning Board of Appeals shall render its decision to issue the special use permit within 62 days after the hearing as now provided in Town Law § 274-b(6). The Zoning Board of Appeals shall also comply with the notice requirements to the County Planning Board and other bodies as well as compliance with State Environmental Quality Review Act, all as provided in Subdivisions (7) and (8) of the aforesaid Town Law § 274-b.
D. 
If the Zoning Board of Appeals approves a special use permit, the Zoning Board of Appeals shall then conduct site plan review. Site plan review shall be conducted in accordance with the procedures set forth in Article XXI of the Town of Vernon Zoning Law.
E. 
The approval of the Zoning Board of Appeals shall be contingent on the receipt by the Town Board of a bond for the demolition of the telecommunications tower within five business days, and said bond shall be subject to the approval of the Zoning Board of Appeals and the Town Attorney.
F. 
Any materials (i.e., proof of continued use of the tower) to be filed by the owner/applicant or any subsequent owner/operator of the communications tower shall be filed with the Codes Enforcement Office of the Town of Vernon on a yearly basis.
G. 
The Zoning Board of Appeals may waive or vary any requirements in this article for good cause shown.
H. 
This article is meant to control towers and similar facilities in the Town. Unless specifically referenced in this article, other sections of the Zoning Law are intended to be inapplicable (such as height limitations normally required in the relevant zoning district).
Any facility receiving a tower special use permit that subsequently does not meet the requirements of that permit shall have its permit revoked, and the tower shall be removed within 90 days of notification by the Town.
Telecommunications facilities fees shall be as follows:
A. 
Tower special use permit: application fee of $2,500 (includes site plan fee); plus any additional costs for outside consultants incurred by the Town for review of propagation studies, search ring and analysis, collocation possibilities, or the structural planned specification for the construction of the tower, or any other review deemed necessary by Town officials.
B. 
Building permit fee: base fee of $250 (examination of plans and review); plus $10 per $1,000 of value of total verified construction cost.