Town of Carmel, NY Wireless Telecommunications

Editor's Note: Former Art. VIII, Board of Architectural Review, as amended, was repealed 7-23-2014 by L.L. No. 2-2014.

§ 156-62 Wireless telcommunication structures and facilities.

§ 156-63 through § 156-69. (Reserved)

§ 156-62 Wireless telcommunication structures and facilities.

Legislative intent.

The Telecommunications Act of 1996 preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and modification of wireless telecommunications facilities. The purpose of this Wireless Telecommunications Ordinance is to provide the Town of Carmel with the authority to properly regulate necessary utility infrastructure for the provision of wireless telecommunications facilities within the Town.

The Town Board finds that the regulation of wireless telecommunications facilities is necessary to protect the predominantly suburban and rural residential character of the Town and the property values of the community; such regulation is needed to protect schools, parks, churches, playgrounds and historic structures; to preserve scenic areas; important commercial corridors; to minimize aesthetic impacts; to preserve the health and safety of residents; and to respect the need of wireless telecommunications service providers to relay signals without electronic interference from other service providers' operations, while not unreasonably limiting competition among them.

The Town Board declares that the protection of residential areas of the Town is of paramount importance and that any local regulations of wireless telecommunications facilities must furnish all possible protection for residential areas, and further declares that the provisions of this section are to be interpreted to favor protection of residential areas. The Planning Board shall, before issuing a special exception use permit for a wireless telecommunications facility in a residentially zoned area, satisfy itself that all other alternatives have been exhausted.

The Town Board finds that the aesthetic appearance of wireless telecommunication facilities is a paramount concern, particularly along the Town's important commercial corridors.

ANTENNA, WIRELESS TELECOMMUNICATIONS

In general, shared use and collocation of antennas and antenna-mounting structures are preferred to the construction of new facilities.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE APPROVAL

Zoning approval that the Director of Code Enforcement or designee is authorized to grant after administrative review.

ADMINISTRATIVE REVIEW

Nondiscretionary evaluation of an application by the Director of Code Enforcement or designee. The process is not subject to a public hearing. The procedures for administrative review are established in Subsection D of this section.

ANSI

The American National Standards Institute.

ANTENNA

A system of electrical conductors for radiating or receiving radio waves.

Any device, including the supporting structure and all related appurtenances, used for the transmission and reception of radio waves as part of wireless two-way communications.

BASE STATION

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation:

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Any structure other than a tower that, at the time the relevant application is filed with the Town under this section, supports or houses equipment defined as a "wireless telecommunications facility" that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

ELIGIBLE FACILITY REQUEST or ELIGIBLE FACILITIES REQUEST

The term does not include any structure that, at the time the relevant application is filed with the Town under this section, does not support or house equipment defined as a "wireless telecommunications facility."

COLLOCATION

The mounting or installation of a subsequent wireless telecommunications antenna and related transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Any request for a wireless communications facility that does not involve substantial change to the physical conditions of a tower, base station or building involving:

Collocation of new transmission equipment in a high-priority area as defined in Subsection I; or

Removal of transmission equipment; or

ELIGIBLE SUPPORT STRUCTURE

Replacement of transmission equipment.

Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Building Department under this section.

EXISTING FACILITY

A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this section.

FCC

The Federal Communications Commission.

FREQUENCY

The number of sinusoidal cycles made by electromagnetic radiation in one second; usually expressed in units of hertz (Hz).

NIER (NONIONIZING ELECTROMAGNETIC RADIATION)

Electromagnetic radiation of such frequency that the energy of the radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.

Radio frequency.

STEALTH TECHNOLOGY

A cellular telecommunications facility that is designed to blend into the surrounding environment. Examples of stealth facilities include:

Architecturally screened roof-mounted antennas;

Building-mounted antennas painted to match the existing structure;

Antennas integrated into architectural elements; and

Antenna structures designed to look like light poles, trees, clock towers, bell steeples, or flag poles.

SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

The mounting of the proposed antenna on existing towers, other than towers in the public rights-of-way, would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to avoid interference with existing antennas;

The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter;

The mounting of the proposed antenna would involve adding an appurtenance to the body of existing towers, other than towers in the public rights-of-way, that would protrude from the edge of the towers more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet, except that the mounting of the proposed antenna may exceed the size limits set forth in this subsection if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable;

The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site;

The modification defeats concealment and/or stealth elements of the support structure; or

WIRELESS TELECOMMUNICATION FACILITIES

The modification does not comply with prior conditions of the approval for the existing structure site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.

TOWER

Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Any facility for the receiving or transmitting of wireless signals for commercial purposes, such as cellular telephone services, personal communication services (PCS), specialized mobile radio (SMR), enhanced mobile radio (ESMR), paging, satellite digital audio radio service (SDARS), fleet communication systems and similar commercial facilities, whether operated in support of another business activity or available for the transmission of signals on a sale or rental basis. As used herein the term shall include any necessary support structure, connection cables and equipment buildings as well as towers or monopoles.

Special exception use permit; policies and goals. In order to assure that the placement, construction and modification of wireless telecommunications facilities conforms to the Town of Carmel's purpose and intent of this section, such facilities shall require the approval of a special permit. Consideration of a wireless telecommunications facility special permit shall address the following goals:

Establish an application procedure for person(s) seeking a special permit for a wireless telecommunications facility.

Establish a policy for examining an application for and issuing a special permit for a wireless telecommunications facility that is both fair and consistent.

Establish reasonable time frames for granting or not granting a special exception use permit for a wireless telecommunications facility.

Promote and encourage, wherever possible, the sharing and/or collocation of a wireless telecommunications facility among service providers.

Promote and encourage, wherever possible, the placement of a wireless telecommunications facility in such a manner as to cause minimal disruption to the land, property, buildings and other facilities adjacent to, surrounding and in generally the same area as the requested location of such facility.

Minimize any adverse aesthetic impacts to the community through the proper siting, location, screening, buffering or through the application of effective and innovative design measures and stealth technology.

Eligible facilities request; approval.

The Town has determined that the full special permit review procedure is unnecessary for certain wireless communications facilities that do not involve a substantial change to the physical characteristics of an existing tower, base station or building involving:

Collocation of new transmission equipment in a high priority area as defined in Subsection I; or

Removal of transmission equipment; or

Replacement of transmission equipment.

Type of review. Upon receipt of an application for an eligible facilities request, the Director of Code Enforcement or designee shall review such application to determine whether the application so qualifies as an eligible facility request as defined in this section. If determined to be an eligible facility request, such application shall undergo an administrative review, as defined herein. If it is determined that there will be a substantial change to an existing facility, this section shall not apply.

Application. An application form provided by the Building Department shall be provided which shall establish the information necessary for the Town to consider whether an application is an eligible facilities request. Each application shall include the following:

An application form provided by the Building Department.

A radio frequency safety report demonstrating compliance with FCC safety standards.

Certification that the installation will comply with visual standards set forth in Subsection P.

The payment of a fee for an eligible facilities request, as stated in the Town of Carmel Schedule of User Fees.

Timeframe for review. Within 60 days after an eligible facilities request has been received, the Director of Code Enforcement or his designee shall approve the application unless it has been determined that the application creates a substantial change or otherwise does not meet the criteria of an eligible facilities request. Once an eligible facilities request application has been approved, the Director of Code Enforcement shall issue a building permit.

Tolling of time frame for review.

The sixty-day review period begins to run when the application is filed, and may be tolled by mutual agreement by the Director of Code Enforcement and the applicant.

The time frame for review may also be tolled when the Director of Code Enforcement or his designee determines that the application is incomplete. When an application has been determined to be incomplete, the following process shall be used to toll the time frame for review:

The Director of Code Enforcement or designee shall provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application or such other reasons why the application has been determined to be incomplete.

[2]

Within 10 days of a supplemental submission, the Director of Code Enforcement or designee will notify the applicant if his or her application has been deemed complete. If application is still found to be incomplete after a supplemental submission, the applicant must provide additional supplemental submissions until the application has been deemed complete.

[3]

The time frame for review will not begin to run again until the application has been deemed complete.

Failure to act. In the event the Director of Code Enforcement or designee fails to approve or deny a request seeking approval under this section within the time frame for review, accounting for any tolling, the application shall be approved. However, such approval does not become effective until the applicant notifies the Director of Code Enforcement in writing after the review period has expired, accounting for any tolling, that the application has been approved.

Interaction with § n(c)(7). If it is determined that the applicant's request is not covered by § 6409(a)[1] as delineated under this section, the presumptively reasonable time frame under § (c)(7),[2] as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the applicant to evaluate the application under § 332(c)(7), pursuant to the limitations applicable to other § (c)(7) reviews.

Note: See 47 U.S.C. § 1455(a).

[2]

Note: See 47 U.S.C. § 332(c)(7).

Procedure for special permit application; fee.

All applicants for a special permit for a wireless telecommunications facility or any modification of such facility and renewal thereof shall comply with the requirements set forth in this section.

The applicant shall be required to provide sufficient funds to an escrow account to allow the Planning Board to retain such technical experts as may be necessary to review the proposal, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Planning Board. In any event, the initial deposit shall be a minimum of $3,500. A larger deposit may be required if, in the judgment of the Planning Board, the complexity and scope of the proposal requires additional expert review. The applicant shall maintain the escrow account at the amount of the initial deposit and replenish same in a timely manner. Payment in full thereto shall be a condition precedent to any approval by the Planning Board. Any unused funds will be returned to the applicant upon completion of the review. The withdrawal of an application shall not relieve the applicant of the payment obligations of this section.

The Planning Board is hereby authorized to issue a special permit under the provisions of this section subject to all of the special requirements and conditions herein and any requirements which may be made a part hereof. Every special permit shall also conform to all special findings that are specified herein.

Application to the Planning Board for a special permit under this section shall be accompanied by a fee in accordance with the current Town fee schedule.

Prior to or concurrent with the filing of a formal application to the Planning Board to obtain a special permit under this section, the applicant shall submit information needed to meet the requirements of the New York State Environmental Quality Review Act (SEQR). The Planning Board may hold a joint public hearing under the provisions of SEQR and this section whenever practicable. In the event that a final SEQR determination has not been made, no application for a special permit under this section shall be granted. The time periods in which the Planning Board may take action may be extended with the consent of the applicant.

The owner of the subject property shall be joined as a coapplicant.

In addition to any other applicable notice requirements established elsewhere in the Town Code, the applicant shall cause notice of the public hearing by notifying all property owners by certified mail, return receipt requested, within 1,000 feet of the boundary line of the subject property.

(8)

The applicant is required to provide a physical mockup of the proposed project.

Information required for wireless telecommunications antennas.

For all proposed wireless telecommunications antennas the following information shall be provided:

Name and address of the property owner and the applicant.

Address, lot and block and/or parcel number of the property.

Zoning district in which the property is situated.

Name and address of the person preparing the plan.

(e)

Size of the property and the location of all lot lines.

(f)

Approximate location of nearest residential structure.

(g)

Approximate location of nearest occupied structure.

(h)

Location of all structures on the property which is the subject of the application.

(i)

Location, size and height of all proposed and existing antennas and all appurtenant structures on the property.

(j)

Type, size and location of all proposed landscaping.

(k)

A report by a New York State licensed professional engineer documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation.

(l)

The number and type of antennas proposed.

(m)

A description of the proposed antennas and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.

(n)

A description of the antenna's function and purpose.

(o)

The make, model and manufacturer of the antenna.

(p)

The frequency, modulation and class of service.

(q)

Transmission and maximum effective radiated power.

(r)

Direction of maximum lobes and associated radiation and compliance with FCC regulations.

(s)

Consent to allow additional antennas (for purposes of collocating) on any new antenna towers, if feasible.

(t)

If a collocation, the cumulative impacts, visual and otherwise, of the proposed antenna.

The items in Subsection F(1)(l) through (r) shall be included in a report prepared by a radio frequency engineer, health physicist or other qualified professional.

Facility service plan. All proposals to provide or operate wireless telecommunications facilities shall be accompanied by a facility service plan, which shall include all the information necessary to allow the Planning Board to understand the existing, proposed and long-range plans of the applicant. The facility service plan shall include at least the following information:

The location, height and operational characteristics of all existing facilities of the applicant in and immediately adjacent to the Town.

A two-to-five-year plan for the provision of additional facilities in and immediately adjacent to the Town, indicating whether each proposed facility is for initial coverage or capacity-building purposes and showing proposed general locations or areas in which additional facilities are expected to be needed. Subsequent applications will confirm or modify the facility service plan so that the Planning Board may be kept up-to-date on future activities.

A commitment to collocate or allow collocation wherever possible on all existing and proposed facilities.

Requirements applicable to all wireless telecommunications antennas. For all proposed wireless telecommunications antennas the following requirements are applicable:

For proposed sites within 100 feet of other sources of RF energy, emanating from other wireless telecommunications facilities, the applicant shall provide an estimate of the maximum total exposure from all nearby stationary sources and a comparison with relevant standards. This assessment shall include individual and ambient levels of exposure. It shall not include such residentially based facilities such as cordless telephones.

All obsolete or unused wireless telecommunications antennas (including tower supports) shall be removed within 60 days of cessation of operations at the site. The Town may remove such facilities upon reasonable notice and an opportunity to be heard and treat the cost as a tax lien on the property. The Planning Board may also require, at the time of approval, the posting of a bond sufficient to cover the costs of removing an abandoned wireless telecommunications facility.

All antennas shall be identified with signs not to exceed six square feet, listing the owner's or operator's name and emergency telephone number, and shall be posted in a conspicuous place.

New antennas may not be sited within 500 feet of any existing antenna. This restriction does not apply to the siting of new antennas at an existing site.

No source of NIER, including facilities operational before the effective date of this section, shall exceed the federal or state NIER emission standard.

New antennas and supporting towers shall be designed to accommodate additional antennas for purposes of collocating.

Location of wireless telecommunications facilities.

Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities, including towers and other tall structures, in accordance with the following priorities, one being the highest priority and six being the lowest priority:

Priority Level	Description
1	On existing tall structures or wireless telecommunications towers in nonresidential zoning districts
2	Collocation on a site with existing wireless telecommunications towers or structures in nonresidential districts, not fronting on NYS Routes 6, 6N, 52 and 301
3	Collocation on a site with existing wireless telecommunications towers or structures in any other nonresidential districts
4	Installation of a new wireless telecommunications facility in any nonresidential district
5	Installation of a new wireless telecommunications facility in any residential district
6	On other property in the Town

If the proposed site for a wireless telecommunications facility is not the highest priority listed above, then a detailed explanation must be provided as to why a site of higher priority was not selected. The applicant must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

An applicant may not bypass a site of higher priority by stating that the site presented is the only site selected or secured. An applicant shall address collocation as an option, and, if such option is not proposed, the applicant shall explain why collocation is impracticable. Agreements between providers limiting or prohibiting collocation shall not be considered a valid basis for a claim of impracticability. Notwithstanding the above, the Planning Board may approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interests of the health, safety and welfare of the Town of Carmel and its inhabitants.

The applicant shall submit a report demonstrating the applicant's review of the above priorities demonstrating the technical reasons for the site selection and, if the site selected is not the highest priority, a detailed explanation of why sites of higher priority were not selected.

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may disapprove an application for any of the following reasons:

Conflict with safety and safety-related codes and regulations.

Conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws.

Conflict with the historic nature of a neighborhood.

The use of a wireless telecommunications facility which is contrary to an already stated purpose of a specific zoning or land use designation.

(e)

The placement and location of a wireless telecommunications facility which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Town or employees of the service provider or other service providers.

(f)

Conflicts with the provisions of this section.

Antenna locations where public exposure is likely. For roof-mounted, collocated or other situations in which public exposure is likely, the application shall include:

An assessment of potential public exposure to radio frequency (RF) energy from the proposed facility indicating the facility's compliance with applicable federal or state standards. The applicant shall identify the maximum exposure level, the locations at which this occurs and the estimated RF levels at specific locations of community interest, such as schools, residences or commercial buildings. Assumptions used in the calculations shall be stated, including building heights and topography.

A multiple-source exposure impact assessment shall be prepared if the wireless telecommunications facility is to be situated on the same site as existing facilities, such as a tower or roof.

Evidence that the maximum exposure to the general public will not exceed federal or state standards.

An identification of rooftop areas to which the public may have access. The exposure in these areas shall be in compliance with the standards established by any federal or state agencies.

An identification of how much of the roof, if any, should be designated a "controlled environment" due to RF field levels in accordance with the applicable federal or state standard.

Notification of the building management if any portion of the roof needs to be identified as a "controlled environment" due to RF levels in excess of the guidelines in the applicable federal or state standards.

Roof-mounted antennas. Requirements applicable to roof-mounted antennas are as follows:

Antennas shall not be placed more than 15 feet higher than the height limitation for buildings and structures within the zoning district in which the antenna is proposed to be erected.

Antennas may be set back from the outer edge of the roof a distance equal to or greater than 10% of the rooftop length and width, or such antennas may be attached directly to the roof parapet wall, whichever, in the Planning Board's opinion, will have the minimal visual impact while achieving signal coverage requirements.

If the Planning Board requests, antennas shall be the same color of the exterior of the top floor or parapet of the building except to the extent required by law.

New wireless telecommunications towers.

The applicant shall demonstrate to the satisfaction of the Planning Board that there exists no tower on which the antenna may collocate or that collocation is not feasible for any of the following reasons:

The applicant has been unable to come to a reasonable agreement to collocate on another tower. The names, addresses, phone and fax numbers of other service providers approached shall be provided, accompanied by a written statement as to the reason an agreement could not be reached.

The antenna will not unreasonably interfere with the view of or from any park, designated scenic area, historic district, site or structure.

The radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.

The applicant's network of antenna locations is not adequate to properly serve its customers, and the use of facilities of other entities is not suitable for physical reasons.

(e)

Adequate and reliable service cannot be provided from existing sites in a financially and technologically feasible manner consistent with the service providers' system requirements.

(f)

Existing sites cannot accommodate the proposed antenna due to structural or other engineering limitations (e.g., frequency incompatibilities).

(g)

For proposed monopole or tower facilities, there is a report by a New York State licensed professional engineer specializing in structural engineering certifying that the proposed design is structurally sound.

Any application for the approval of a special permit for a wireless telecommunications facility shall include a report by a qualified radio frequency engineer, health physicist or other qualified professional, as determined by the Planning Board, which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless telecommunications facility upon its installation and demonstrates that the facility will comply with the applicable federal or state standards.

NIER measurements and calculations. All applicants for wireless telecommunications facilities in any district shall submit calculations of the estimated NIER output of the antenna(s). For antennas mounted on an existing structure not requiring a special permit, the calculations shall be provided to the Director of Code Enforcement prior to the issuance of a permit. For antenna applications requiring a special permit, the calculations shall be provided to the Planning Board at the time of making the application for special permit. NIER levels shall be measured and calculated as follows:

Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI), or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER.

Measuring equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard.

The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrow band measuring instrument.

NIER measurements shall be taken based on maximum equipment output. NIER measurements shall be taken or calculated when and where NIER levels are expected to be highest due to operating and environmental conditions.

NIER measurements shall be taken or calculated along the property lines at an elevation six feet above grade at such locations where NIER levels are expected to be highest and at the closest occupied structure.

NIER measurements shall be taken or calculated following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI or NBS.

NIER calculations shall be consistent with the FCC, Office of Science and Technology (OST) Bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, MBS or similarly qualified organization.

(8)

Measurements and calculations shall be certified by a New York State licensed professional engineer, health physicist or a radio frequency engineer. The measurements and calculations shall be accompanied by an explanation of the protocol, methods and assumptions used.

NIER monitoring and enforcement.

The owner and/or operator of the antenna shall perform a NIER level reading as set forth above and shall submit the results of the test to the Town of Carmel Director of Code Enforcement Department within 90 days of initially operating the antenna system, and annually thereafter. The owner or operator shall provide a report from a qualified professional who shall certify, under penalties of perjury, that the installation does not expose the general public to NIER standards in excess of those of any federal or state agency regulating RIF-energy.

The Town may measure NIER levels as necessary to ensure that the federal or state standards are not exceeded. Any approval of a wireless telecommunications facility shall be conditioned upon an offer of perpetual consent to allow the Town access to the premises to conduct the required NIER monitoring, should the operator of the wireless communications facility fail to do so.

If the standards of any federal or state agency are exceeded at the location of a proposed transmitting antenna, the proposed facility shall not be permitted.

Bulk regulations and height.

In all zoning districts, all wireless telecommunications facilities shall comply with yard requirements of this chapter for principal buildings. No wireless telecommunications facilities may be located between the principal structure and the street.

In residential districts, wireless telecommunications facilities shall not exceed 50 feet in height unless the requirements of Subsection O(3) below are met. In nonresidential districts, wireless telecommunications facilities shall not exceed 100 feet in height unless the requirements of Subsection O(3) below are met.

In the event that applicants propose a height greater than that listed above, the applicant must demonstrate to the satisfaction of the Planning Board that:

Alternative means of mounting the antenna have been considered and are not feasible for the applicant.

The height is the minimum height necessary for adequate operation to meet the applicants' communications needs and the aesthetic intrusion has been minimized to the greatest extent practicable.

The height does not exceed 50% of the maximum height listed in Subsection O(2) above.

The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless telecommunications facilities. This includes, but is not limited to, yard, buffer, height, floor area ratio for equipment buildings, parking, open space and other requirements. The height requirements of this chapter shall apply to buildings and equipment shelters.

Notwithstanding anything stated herein, the Planning Board shall be permitted to increase the height of any tower beyond any limitations set forth herein in order to accommodate additional users. In reviewing a request for greater height, the Planning Board shall balance the effect of a greater height against the provision of one or more additional towers, collocating or other alternatives.

In residential districts, wireless telecommunications towers and monopoles shall be separated from residential buildings on adjacent or abutting properties by a distance not less than two times the height of the tower or monopole. This provision shall apply to the proposed use for wireless telecommunications facilities of towers or monopoles existing at the time of adoption of this section.

Visual impact.

For all new wireless telecommunication facilities, the applicant shall provide to the Planning Board a short Environmental Assessment Form (EAF), Part I and Visual EAF Addendum, Appendix A and B, including graphic information that accurately portrays the visual impact of the proposed facility from various vantage points selected by the Planning Board or the Planning Board's consultants, such as, but not limited to, residential areas, major commercial corridors, parks, historic buildings or scenic areas, including nighttime visual impacts. This graphic information may be provided in the form of photographs or computer-generated images with the tower superimposed, as may be required by the Planning Board or its consultants.

The applicant shall provide a temporary physical mockup of the proposed project. The mockup shall be mounted in the same location(s) at the project site as the proposed project and shall be the same dimensions, color and set at the same height and width as the proposed project. The mockup shall be installed two weeks prior to the initial appearance before the Planning Board, and shall remain in place until the Planning Board renders its decision on the application. The applicant shall obtain authorization for the installation of this temporary mockup from the Building Department, to ensure the mockup is installed safely, and does not represent a hazard to public safety. The mockup shall be removed no later than two days after the close of the public hearing where the proposed project is considered.

For all buildings or equipment shelters to be located in a residential zoning district, the equipment shelter shall be treated in an architectural manner compatible with the residences in the vicinity.

Careful consideration of design details including color, texture, and materials shall be made to ensure the stealth design of the wireless telecommunication facility.

All building-mounted wireless telecommunication facilities shall be, at a minimum, designed as stealth facilities. Design techniques shall be employed to minimize visual impacts and provide appropriate camouflage.

All building-mounted wireless telecommunication facility components, including all antenna panels, shall be painted or be designed to match the predominant color and/or design of the structure so as to be visually inconspicuous.

A minimum of three live trees with a minimum height of 20 feet shall be planted in close proximity to a wireless telecommunications facility designed as a faux tree. The Planning Board may require additional live mature plantings to assist in mitigating visual impacts of wireless telecommunication facilities designed as faux trees.

(8)

Where a wireless telecommunications facility is proposed to be located on a building rooftop, the associated equipment shall be enclosed within an architecturally integrated penthouse or otherwise be completely screened to the satisfaction of the Planning Board. Required screening shall be decorative, of a design, color, and texture that is architecturally integrated with the building it is on.

(9)

Associated equipment shall be enclosed by a fence, landscaped screening decorative wall, or other screening and buffering measures found to be acceptable by the Planning Board.

Color and lighting standards. Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, antennas, including the supporting structure and all related appurtenances, shall:

Be colored to reduce the visual impact to the greatest degree possible.

Not be illuminated, except that buildings may use lighting required by the New York State Fire Prevention and Building Code or when required for security reasons. When lighting is used, it shall be compatible with the surrounding neighborhood to the greatest degree practicable.

Fencing and NIER warning signs.

The area surrounding the facility shall:

Be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where the standards of any federal or state agency are exceeded.

Contain appropriate signage to warn of areas of the site where:

NIER standards are exceeded.

[2]

High risks for shocks or burns exist.

For wall-mounted antennas, the signage shall be placed no more than five feet off the ground.

No other signage, including advertising, shall be permitted at the facility, antenna or tower or supporting structure, unless required by law.

NIER exposure standards. No antenna or combination of antennas shall expose the general public to NIER levels exceeding the standard of any federal or state agencies having jurisdiction. In addition, no antenna facility shall emit radiation such that the general public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1.

Registration of antenna operators. The Building Department shall keep a list of the names, addresses, type and maximum emissions of all antenna operators in the Town. This list shall be maintained from applications to the Planning Board and Building Department and from FCC or similar inventories of facilities in the Town. If the name or address of the owner or operator of the antenna facility is changed, the Building Department shall be notified of the change within 30 days.

Expiration of special permit.

The special permit shall be issued to the use that was the subject of the application and shall expire upon the termination of such use.

The Director of Code Enforcement shall require issuance of a revised or new special permit prior to the issuance of a building permit where the proposal requires a special permit use under this section.

After issuance of a building permit, the applicant shall provide a report to the Director of Code Enforcement prepared by a New York State licensed professional engineer certifying that any monopole or tower has been constructed in accordance with the plans approved by the Director of Code Enforcement.