Communications towers and accessory facilities shall be permitted only on municipally owned property or in the Industrial District after review and recommendation of the Planning Board pursuant to § 178-41 of Chapter 178 and the issuance of a special use permit by the Zoning Board of Appeals pursuant to § 178-18 of Chapter 178 and the requirements of this chapter.
The maximum height for communications towers permitted under this chapter,
including any antennas, extensions or other devices extending above the structure
of the tower, measured from the ground surface immediately surrounding the
site, not to exceed 250 feet.
A.
All applications for a special use permit shall be by
written application on forms provided by the Town of Williamson. The application
shall include a site plan setting forth specific site data on a map in acceptable
form and content, which shall be prepared to scale and in sufficient detail
and accuracy and which shall show the following:
(1)
The location of property lines and permanent easements.
(2)
The location of the communications tower, together with
guy wires and guy anchors, if applicable.
(3)
A side elevation or other sketch of the tower showing
the proposed antennas.
(4)
The location of all structures on the property and all
structures on any adjacent property within 10 feet of the property lines,
together with the distance of these structures to the communications tower.
(5)
The names of adjacent landowners as appear on the Town
of Williamson Assessor's records.
(6)
The location, nature and extent of any proposed fencing,
landscaping and/or screening.
(7)
The location and nature of proposed utility easements
and access road, if applicable.
(8)
Inventory of other communications towers within a two-mile
radius of the proposed site.
(9)
A completed visual environmental assessment form (visual
EAF) and a landscaping plan addressing other standards listed within this
section with particular attention to visibility from key viewpoints within
and outside of the municipality as identified in the visual EAF. The Board
may require submittal of a more detailed visual analysis based on the results
of the visual EAF.
(10)
A grid or map of all of the owner's/applicant's existing
communications tower site areas in the Town of Williamson and site areas proposed
or projected by the owner/applicant for installations for a period of two
years.
B.
Technical report. All applications for installation of
a new telecommunications tower shall be accompanied by a report containing
the information hereinafter set forth. The report shall be signed by a professional
engineer licensed by New York State specializing in electrical engineering
with expertise in radio communications facilities and, if the electrical engineer
is not qualified to certify the structural soundness of the installation,
a professional engineer licensed in New York State specializing in structural
engineering.
(1)
The number, type and design of the tower and antenna(s)
proposed and the basis for the calculation of the tower and system capacity.
(2)
The make, model and manufacturer of the tower and antenna(s).
(3)
The frequency, modulation and class of service of radio
equipment.
(4)
Transmission and maximum effective radiated power of
the antenna(s).
(5)
Direction of maximum lobes and associated radiation of
the antenna(s).
(6)
The applicant's proposed tower maintenance and inspection
procedures.
(7)
Certification that NIER levels at the proposed site are
within threshold levels adopted by the FCC.
(8)
Certification that the proposed antenna(s) will not cause
interference with existing communication devices.
(9)
Certification that the tower and attachments meet all
state and federal structural requirements for loads, wind, ice, etc.
(10)
A copy of its FCC license.
A.
At all times, shared use of existing towers shall be
preferred to the construction of new towers. Additionally, where such shared
use is unavailable, location of antenna on preexisting structures shall be
considered. An applicant shall be required to present an adequate report inventorying
existing towers within reasonable distance of the proposed site and outlining
opportunities for shared use of existing facilities and use of other preexisting
structures as an alternative to a new construction.
B.
An applicant intending to share use of an existing tower
shall be required to document intent from an existing tower owner to share
use. The applicant shall pay all reasonable fees and costs of adapting an
existing tower or structure to a new shared use. Those costs include but are
not limited to structural reinforcement, preventing transmission or receiver
interference, additional site screening and other changes, including real
property acquisition or lease required to accommodate shared use.
C.
In the case of new communications towers, the applicant
shall be required to submit a report demonstrating good faith efforts to secure
shared use from existing towers. Copies of written requests and responses
for shared use shall be provided.
D.
The applicant must examine the feasibility of designing
a proposed commercial communications tower to accommodate future demand for
two additional commercial applications. The feasibility analysis shall include
an assessment of the necessary structural changes required to accommodate
two additional antenna arrays. The scope of this analysis shall be determined
by the Planning Board. This requirement may be waived, provided that the applicant
demonstrates that the provisions of future shared usage of the facility are
not feasible and are an unnecessary burden, based upon:
(1)
The number of FCC licenses foreseeably available for
the area.
(2)
The kind of tower site and structure proposed.
(3)
The number of existing and potential licenses without
tower spaces/sites.
(4)
Available spaces on existing and approved towers.
(5)
Potential adverse visual impact by a tower designed for
shared usage.
In order to minimize any adverse aesthetic effect on neighboring properties
to the extent possible, the Zoning Board of Appeals may impose reasonable
conditions on the applicant, including the following:
A.
All communications towers and accessory facilities or
structures shall be sited to have the least practical adverse visual effect
on the environment.
B.
A monopole or guyed tower (if sufficient land is available
to applicant) instead of a freestanding communications tower.
C.
Reasonable landscaping consisting of trees or shrubs
to screen the base of the communications 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.
D.
The applicant shows that good faith efforts have been
made 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. However, such request shall not unreasonably delay the
application.
E.
All towers shall be lighted in such manner as shall be
required by the Zoning Board of Appeals regardless of their height or whether
such lighting is required by the FAA. Towers shall be painted a galvanized
finish or matte gray unless otherwise required by the FAA.
F.
No communications tower, supporting structure or antenna
shall contain any signs or advertising devices except for an appropriately
sized sign to provide adequate notification to persons in the immediate area
of the presence of an antenna that has transmission capabilities. The sign
shall contain the name of the owner and operator of the antenna as well as
emergency phone numbers.
G.
Accessory facilities and structures shall maximize use
of building materials, colors and textures designed to blend with the natural
surroundings.
H.
The applicant shall show that it has made good faith
efforts to collate on existing towers in an effort to consolidate and avoid
visual disturbances to the extent practical.
A.
All communications towers and accessory structures shall
be set back from abutting residential parcels, public property or right-of-way
lines a distance sufficient to contain on-site substantially all icefall or
debris from tower failure and preserve the privacy of adjoining residential
properties.
B.
All communications tower bases must be located at a minimum
setback from any property line at a distance between the tower base and guy
wire anchors or the minimum setback of the underlying zoning district or a
minimum setback at a distance which shall be established at the discretion
of the Zoning Board of Appeals as part of the site plan approval procedures
based on the unique characteristics of the site, whichever of the foregoing
is greater. The minimum setback requirement of this subsection may be increased
at the discretion of the Zoning Board of Appeals, or it may be decreased in
those instances where the owner/applicant has submitted plans for a tower
design in such a manner as to collapse within a smaller area. Such tower design
and collapse zone must be acceptable to a New York State licensed engineer
representing the town.
C.
All accessory structures must comply with the minimum
setback requirements of the underlying zoning district.
It is recognized that federal laws [Telecommunications Act of 1996,
Public Law 104-104, Section 704 (February 8, 1996)] prohibits the regulation
of cellular and personal communication services communications towers based
on the environmental effects of radio frequency emissions where those emissions
comply with the Federal Communications Commission (FCC) standards for those
emissions. The Board may, however, impose a condition on the applicant that
the communications antennas be operated only at FCC designated frequencies
and power levels.
A.
All roads 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 and shall at all times minimize ground disturbance and vegetation cutting
to within the toe of fill top of cuts or no more than 10 feet beyond the edge
of any pavement. Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential. Public road
standards may be waived in meeting the objective of this subsection.
B.
All communications towers and guy anchors, if applicable,
shall be made inaccessible and constructed or shielded in such a manner that
they cannot be climbed or run into. Transmitters and control devices shall
be installed such that they are readily accessible only to persons authorized
to operate or service them and are designed and installed to the maximum extent
practicable to prevent the transmitter from deviating from its authorized
parameters and to prevent unauthorized persons from causing the transmitter
to deviate from its authorized operating parameters.
C.
The applicant must comply with all applicable state and
federal regulations, including but not limited to FAA and FCC regulations.
Telecommunications towers shall be grounded so as to protect persons and property
and shall be installed with surge protectors. The applicant will provide the
town with written certification of proper grounding.
Existing on-site vegetation shall be preserved to the maximum extent
possible, and no cutting of trees exceeding four inches in diameter (measured
a height of four feet off the ground) shall take place prior to approval of
the special use permit. Clear-cutting of all trees in single contiguous areas
exceeding 20,000 square feet shall be prohibited.
Deciduous or evergreen tree plantings may be required to screen portions
of the tower from nearby residential property as well as from public sites
known to include important views or vistas. Where the site abuts residential
or public property, including streets, the following vegetation screening
shall be required. For all communications towers, at least one row of native
evergreen shrubs or trees capable of forming a continuous hedge at least 10
feet in height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. In the case of poor soil conditions,
planting may be required on soil berms to assure plant survival. Plant height
in these cases shall include the height of any berm.
The applicant and the owner of record of premises may be required to
execute and file with the Town Clerk of the Town of Williamson a bond or other
form of security acceptable to the Town Attorney and Supervisor as to form
and manner of execution, in an amount sufficient for the faithful performance
of the terms and conditions of this chapter, the conditions of the permit
or approval issued thereunder, for the observation of all town local laws
or ordinances, to cover the maintenance of the tower during its lifetime and
provide for its removal. The amount required shall be determined by the Zoning
Board of Appeals in its special use permit procedure. In the event of default
upon the performance of any such conditions or any of them, the bond or security
shall be forfeited to the Town of Williamson, which shall be entitled to maintain
an action thereon. The bond or security shall remain in full force and effect
until the removal of the transmission tower, satellite dish, antenna, pole,
accessory facility/structure and site restoration.
A.
A special permit granted under this chapter shall continue
for an indefinite duration, unless the Zoning Board of Appeals specifies an
expiration date or condition upon which it shall terminate. In any event,
a special permit shall expire upon:
(1)
The failure to commence active operation of the transmission
tower, telecommunications tower, communications installation, freestanding
tower, satellite dish, antenna, pole or accessory facility/structure within
12 months of the grant of a special use permit by the Town Board; or
(2)
The discontinuance of the active and continuous operation
of the transmission tower, telecommunications tower, communications installation,
freestanding tower, antenna, pole or accessory facility/structure for a continuous
period of 12 months, regardless of any reservation of an intent not to abandon
or discontinue the use or of an intent to resume active operations.
B.
The Zoning Board of Appeals may reevaluate the circumstances
and condition of any special permit granted under this chapter, either on
its own motion, at the request of the applicant or a third party or at the
request of the Code Enforcement Officer. The Town Board may modify, suspend
for a definite duration or revoke a special permit as may be necessary by
consideration of the public interest. Among the factors to be considered are
the extent of the applicant's compliance with the terms and conditions of
the special permit; whether or not circumstances relating to the authorized
activity have changed since issuance of the special permit and the continuing
adequacy of the permit conditions; any significant objections to the authorized
activity that were not considered earlier; revisions to applicable statutory
or regulatory authority; and the extent.
The Zoning Board of Appeals may impose such reasonable additional conditions
and restrictions as are directly related to and incidental to the proposed
transmission tower, telecommunications tower, communication installation or
freestanding tower special use permit.
Approval of a new commercial communications tower facility or the expansion
or modification of any existing commercial tower facility shall be conditioned
upon the owner's and applicant's agreement to remove such facility once it
is no longer used. Removal of such obsolete and/or unused commercial communications
tower facilities shall take place within 12 months of cessation of use.
The applicant shall allow collocation of other utilities or companies
providing similar services, provided that:
A.
There is no interference with existing equipment on the
tower;
B.
The utility or company wishing to collocate pays pro
rata for the cost of operating the site and pays for the cost of collocating
on the site (including reinforcing or replacing the then-existing tower, if
necessary);
C.
The utility or company wishing to collocate provides
a load study acceptable to the town and the applicant showing that the tower
can safely accommodate the collocator's equipment; and
D.
The company wishing to collocate allows reciprocal privileges
to the applicant.
