[HISTORY: Adopted by the Board of Trustees of the Village
of West Carthage 6-9-2014 by L.L.
No. 7-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 91.
[1]
Editor's Note: This local law originally designated this
chapter as Ch. 92. It has been renumbered to conform to the alphabetical
organization of the Code.
It is the purpose of this chapter to regulate the installation
of towers and antennas within the Village of West Carthage, to require
that such towers and antennas are located and constructed in accordance
with approved plans, and to prescribe regulations for said towers
and antennas in the interest of the public health and safety. This
regulation is not intended to prohibit or have the effect of prohibiting
the provision of personal wireless services, nor shall it be used
to unreasonably discriminate among providers of functionally equivalent
services consistent with the current federal regulations. The Planning
Board hereby authorized to review and approve, approve with modifications,
or disapprove site plans and special use permits consistent with this
section and the zoning laws and regulations of the Village.
As used in this chapter, the following terms shall have the
meaning indicated:
A facility that serves the principal use, is subordinate
in area, extent and purpose to the principal use and is located on
the same lot as the principal use. Examples of such facilities include
transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The frequency of these waves generally ranges from 10 hertz to 300,000
megahertz.
Includes a tower which is rigidly attached to a building
by a rigid member.
A receiver designated to accept signals from a satellite(s)
for business or personal use.
Includes a self-supported or guyed tower not attached to
a building.
A use which 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 set forth for such
use subject to approval by the Planning Board.
Includes any tower, edifice, pole or other structure, excluding
dish antennas, whether attached to a building or freestanding and
whether guyed or self-supporting, designed to be used as or the support
of devices to be used for the transmission and/or reception of radio
signals, such as but not limited to broadcast, shortwave, citizens
band, FM or television signals, or wind-driven devices such as energy
converters and wind speed and/or direction indicators.
Height shall be determined as the height of the structure
including any appurtenances or components.
Wind energy conversion systems.
A.
Districts. Towers are permitted in any zoning district as accessory uses by special permit with the exception of commercial telecommunications towers and their accessory facilities, which shall only be erected in Arterial Services or Industrial districts (see § 83-4B). A special permit will be issued by the Zoning Enforcement Officer once reviewed and approved by the Planning Board.
B.
Number of towers. Towers shall be limited to one tower per acre,
except that amateur radio towers may number no more than two towers
per 20,000 square feet of lot area.
C.
Location. Freestanding towers shall be located in rear yards only.
Guy wires and anchors for towers shall not be located closer than
five feet to any property line and shall not extend into any required
front or side yard. The base of a freestanding tower shall be no closer
to any lot line or public utility line than the distance equal to
the height of the tower or 10 feet, whichever is greater.
D.
Noise. A WECS shall not exceed a noise level of 50 decibels as measured
on the dBA scale, measured at the property line.
E.
Tower access. A tower over 15 feet in height shall be enclosed within
a fence six feet high around the tower base, with a locking portal,
or by climbing apparatus no lower than 12 feet from the ground.
F.
Electrical interference. It shall be the responsibility of the tower
owner to take whatever corrective measures may be required to correct
any television or radio interference caused by and attributable to
a WECS or any anomalies such as frequency harmonics.
G.
Height limitations. Attached towers in all districts which are attached
to the roof of the structure shall not exceed 35 feet above highest
house grade. Freestanding towers in any district as defined heretofore
shall not exceed a total height, including appurtenances, of 100 feet
above grade. Exceptions to this policy will be addressed on an individual
basis.
A.
No commercial telecommunications tower shall hereafter be used, erected,
moved, reconstructed, changed or altered except after approval of
a special use permit and in conformity with these regulations. No
existing structure shall be modified to serve as a commercial telecommunications
tower unless in conformity with these regulations.
B.
These regulations shall apply to all property within the Village.
Commercial telecommunications towers and their accessory facilities
shall only be erected in Arterial Services or Industrial districts
unless co-located on an existing structure as per the standards below.
C.
Exceptions to these regulations are limited to new uses which are
accessory to residential uses and lawful or approved uses existing
prior to the effective date of these regulations.
D.
Where these regulations conflict with other laws of the Village of
West Carthage, the more restrictive shall apply, except for tower
height restrictions which are governed by these special use standards.
E.
Site plan submission requirements for sharing existing facilities.
An applicant proposing to share use of an existing tall structure
shall submit a site plan to the Planning Board. The site plan and
supporting documentation shall include:
(1)
A completed application for a special use permit.
(2)
Documentation of intent from the owner of the existing facility to
allow a shared 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.
(3)
A site plan. The site plan shall show all existing and proposed structures
and improvements, including antennas, roads, buildings, guy wires
and anchors, parking and landscaping and shall include grading plans
for new facilities and roads, if any.
(4)
An engineer's report certifying that the proposed shared use
will not diminish the structural integrity and safety of the existing
tall structure and will not hamper existing emergency networks and
explaining what modifications, if any, will be required in order to
certify to the above.
(5)
A completed short EAF and a completed visual EAF addendum, including
mitigation measures of the visual impacts.
(6)
A copy of its Federal Communications Commission (FCC) license.
(7)
A copy of the lease agreement.
F.
Special use standards.
(1)
Shared uses. At all times, shared uses 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.
(2)
Setback. Towers and antennas shall comply with all existing setbacks
within the affected zone. Additional setbacks may be required by the
Planning Board to contain on site substantially all ice fall or debris
from tower failure and/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.
(3)
Visibility.
(a)
All towers and accessory facilities shall be sited to have the
least practical adverse visual effect on the environment.
(b)
Towers shall not be artificially lighted except to assure human
safety as required by the Federal Aviation Administration (FAA). Towers
shall be a galvanized finish or painted gray above the surrounding
tree line and painted gray, green, black or similar colors designed
to blend in with natural surroundings below the surrounding tree line
unless other standards are required by the FAA. In all cases, structures
offering slender silhouettes (i.e., monopoles or guyed towers) shall
be preferable to freestanding structures except where such freestanding
structures offer capacity for future shared use. Towers should be
designed and sited so as to avoid, whenever possible, application
of FAA lighting and painting requirements.
(c)
Accessory facilities shall maximize use of building materials,
colors and textures designed to blend with the natural surroundings.
(4)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible.
(5)
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower from nearby residential property as
well as from public sites. Where the site abuts residential or public
property, including streets, the following vegetative screening shall
be required: for all towers, at least one row of native evergreen
shrubs or trees capable of forming a continuous hedge of at least
10 feet in height within two years of planting shall be provided to
effectively screen the tower base and accessory facilities.
(6)
Access and parking. A road and parking will be provided to assure
adequate emergency and service access.
G.
Authority to impose conditions. The Village of West Carthage Planning
Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed telecommunications tower special use or site plan.
H.
Removal. The applicant shall submit to the Planning Board a letter
of intent committing the tower owner, and his/her successors in interest,
to notify the Village within 30 days of the discontinuance of use
of the tower. Obsolete or unused towers and accessory structures shall
be removed from any site within four months of such notification.
The Planning Board can, at its discretion, require the applicant,
as a condition of approval, to post an escrow deposit with the Village
in an amount sufficient to ensure compliance with this subsection.
I.
The Planning Board is hereby authorized to retain a consultant or
Village-designated engineer, to be paid by the applicant, to aid it
in reviewing the applications, site plan submission and other materials
and data submitted by the applicant.
A.
Whenever a violation of this chapter occurs, any person may initiate
a complaint. All complaints shall be in writing and delivered to the
Village Clerk or Enforcement Officer. The Enforcement Officer shall
accurately record the complaint, file it appropriately, and investigate
it.
B.
If the complaint is found to be valid, the Enforcement Officer shall
then inform the owner of the premises that there is a violation of
the law. The owner shall be notified by certified mail with a return
receipt requested and by regular mail, or be personally served as
the manner of the violation. Mail shall be sent to the address of
the property owner as stated on the last completed tax roll. The owner
will have 14 days, minimum, to remedy the situation from the date
of the mailing, except in the case of imminent peril to life or property.
C.
An order to stop use/work may be issued to the owner in the same
manner as a notice of violation. Such order shall require that all
constructions stop immediately.
D.
If a violation persists, the Enforcement Officer may file an "information
and complaint" with the Village Justice charging the owner with violating
one or more sections of this chapter. The Village Justice shall then
issue a summons for the violator to appear in court.
E.
Pursuant to Criminal Procedure Law § 150.20, Subdivision
3, the Enforcement Officer is hereby authorized to issue an appearance
ticket to any person to appear before the Village Justice.
A.
Pursuant to Municipal Home Rule Law § 10 and Village Law
§ 7-714, any persons, firm, or corporation who commit an
offense against, disobey, neglect, or refuse to comply with or resist
the enforcement of any of the provisions of this chapter shall, upon
conviction, be deemed guilty of a violation and subject to the fine
and/or imprisonment. Any violation of this chapter is an offense punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and, upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $750 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
B.
In addition to the above remedies, the Village Board may maintain
an action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of this chapter.
