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Town of Williamson, NY
Wayne County
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This chapter shall be known as the "Telecommunications Towers Law of the Town of Williamson."
A. 
The purposes of this chapter include the provision for communication installations and freestanding towers for the enjoyment and convenience of the residents of the Town of Williamson, while at the same time providing for the maximum protection of the health, safety and aesthetic sensibilities of the residents.
B. 
It is a further purpose of this chapter to prevent visual intrusion of such communication installations and freestanding towers and to protect residents from unsafe structures and equipment; to promote the health, safety and general welfare of the residents of the Town of Williamson; to provide standards for the safe provision of telecommunications consistent with the applicable federal and state regulations; and to protect the natural features and aesthetic characteristics of the Town of Williamson. The intent of this chapter is to protect the town's interest in properly siting towers in a manner consistent with sound land use planning, while also allowing wireless services providers to meet their technological and service objectives. Among other things, reasonable controls contribute to the good appearance of the town, stabilize property values, assure the safety of the owner and others and, in general, contribute to the preservation of a pleasant community in which to work and live.
C. 
This chapter shall be construed and administered so as not to unduly hamper reasonably satisfactory reception of satellite television signals.
D. 
This chapter is intended to comply fully with the Federal Telecommunications Act of 1996.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used in conjunction with a communications tower and located on the same lot as the communications tower, including utility or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS) and microwave communications.
COMMUNICATIONS TOWER
A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures that employ camouflage technology. It is a structure intended for transmitting and/or receiving radio, television, telephone or microwave communications, but excluding those used either for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's and amateur radio and other similar communications.
EAF
Environmental assessment form.
EPA
The Environmental Protection Agency.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
NIER
Nonionizing electromagnetic radiation.
SPECIAL USE
A use that is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions of such use and subject to the review of the Planning Board and approval of the Zoning Board of Appeals.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.
TELECOMMUNICATIONS TOWER
A structure on which one or more transmitting and/or receiving antenna is located.
A. 
No transmission tower, telecommunications tower or communication installation shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with this chapter.
B. 
No existing structure shall be modified to serve as a transmission tower, telecommunications tower, communication installation or freestanding tower unless in conformity with this chapter.
C. 
This chapter shall be applied consistent with Chapter 178, Zoning, of the Town Code; provided, however, that in the event of any conflict, the provisions of this chapter shall govern.
The following are exempt from the application of this chapter:
A. 
The repair and maintenance of existing communications towers and antennas.
B. 
Antennas used solely for residential household television and radio reception.
C. 
Lawful or approved use existing prior to the effective date of this chapter.