The purpose of this article is to recognize the increased demand
for wireless communications transmission facilities and for the services
they provide. Often these facilities require the construction of a
communications tower. The intent of this article is to protect the
Town's interest in siting towers in ways consistent with sound land
use planning by minimizing visual and environmental effects of towers
through careful design, siting, and vegetative screening; avoiding
potential damage to adjacent properties from tower failure or falling
debris through engineering and careful siting of tower structures
and facilities; and maximizing use of any new or existing tower and
encouraging the use of existing buildings and/or structures in order
to reduce the number of towers needed while also allowing wireless
service providers to meet their technological and service objectives
for the benefit of the public.
For the purpose of this article, any telecommunications facility
that: 1) is less than 75 feet in height and is set back from any lot
line a distance equal to its height plus 10 feet; and 2) does not
require use of guy wires to stabilize the antenna structure; and 3)
does not have an antennae or dish that extends more than 10 feet horizontally
from the tower structure nor have more than seven square feet of surface
area is exempt from the requirements of this article.
For the purpose of this article, the following definitions shall
apply:
An accessory facility or structure greater than 120 square
feet serving or being used in conjunction with a telecommunications
facility or tower and located on the same lot as the telecommunications
facility or tower. Examples of such structures include utility or
transmission equipment, storage sheds or cabinets.
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
and microwave communications.
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which
do not require construction of a new tower.
Height includes height of structure and any attachments on
the principal structure.
Towers and/or antennas and telecommunication accessory structures
used in connection with the provision of cellular telephone service,
personal communications services, radio and television broadcast services
and similar broadcast services.
A structure designed to support antennas. Towers may include
freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology.
The following requirements related to project and site dimensions
shall be adhered to:
A.
Height. The tower shall be less than 100 feet in height unless a
different height above that limit is demonstrated by the applicant
as being necessary, and proof as to coverage needs is fully proven
for additional height.
B.
Lot. A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower
and any attached antennas. The entire fall zone may not include public
roads and must be located on property either owned or leased by the
applicant or for which the applicant has obtained an easement, and
may not, except as set forth below, contain any structure other than
those associated with the telecommunications facility. If the facility
is attached to an existing structure, relief may be granted by specific
permission of the Planning Board, on a case-by-case basis, if it is
determined by such Board after submission of competent evidence that
the waiver of this requirement will not endanger the life, health,
welfare or property of any person. In granting any such waiver, the
Board may impose any conditions reasonably necessary to protect the
public or adjacent property from potential injury.
C.
Aesthetics and environmental considerations. Telecommunications facilities
shall be located and buffered to the maximum extent that is practical
and technologically feasible to help ensure compatibility with surrounding
land uses. In order to minimize adverse aesthetic effects on neighboring
residences, the Planning Board may impose reasonable conditions on
the applicant, including the following:
(1)
The Planning Board may require reasonable landscaping consisting
of trees or shrubs to screen the base of the tower and telecommunication
accessory structures to the maximum extent possible from adjacent
residential property. Existing on-site trees and vegetation shall
be preserved to the maximum extent possible.
(2)
The Planning Board may require that the tower be designed and
sited so as to avoid, if possible, application of Federal Aviation
Administration (FAA) lighting and painting requirements, it being
generally understood that towers should not be artificially lighted
except as required by the FAA.
(3)
The tower shall be of galvanized finish or painted matte gray,
unless otherwise required by the FAA, and accessory facilities should
maximize use of building materials, colors and textures designed to
blend with the natural surroundings.
(4)
No tower, accessory facility, or fencing shall contain any signs
not mandated by the Federal Communications Commission (FCC).
(5)
Towers shall be designed to minimize the impact on migratory
birds and other wildlife.
D.
Access and parking. A road turnaround and two parking spaces shall
be provided to assure adequate emergency and public access. Maximum
use of existing roads, public or private, shall be made. Road construction
and public utility services at the site shall at all times minimize
ground disturbance and vegetation cutting, and road grades shall closely
follow natural contours to assure minimal visual disturbance and reduce
the potential for soil erosion.
E.
Safety and security.
(1)
All towers and guy anchors, if applicable, shall be enclosed
by a fence not less than six feet in height or otherwise sufficiently
secured to protect them from trespassing or vandalism. The applicant
must comply with all applicable state and federal regulations including,
but not limited to, FAA and FCC regulations.
(2)
Every five years the owner shall provide a certification from
a qualified, licensed engineer certifying that the tower or telecommunications
facility meets applicable structural safety standards.
F.
Shared use of towers. In the interest of minimizing the number of
towers, the Planning Board may require, as a condition of either site
plan or tower permit approval, that the applicant indicate, in writing,
a commitment to co-location of telecommunications facilities and to
provide to the Planning Board's satisfaction the same.
The applicant will submit a written application for such a permit
with the Zoning Officer. The applicant will submit such information
and documents as the Zoning Officer or any other officer or Town agency
having jurisdiction may require. Included in these documents must
be a development plan and copies of all documents submitted by the
applicant to the Federal Communications Commission or any other governmental
agency having jurisdiction. Furthermore, the applicant shall submit
an environmental assessment form (long form) with visual addendum
and an analysis demonstrating that the location of the telecommunications
facility as proposed is necessary to meet the frequency, reuse and
spacing needs of the applicant's telecommunications system and to
provide adequate service and coverage to the intended area. In addition,
each applicant shall submit to the Planning Board a site plan, prepared
to scale and in sufficient detail and accuracy and including at the
minimum the following materials:
A.
Site plan.
(1)
The applicant shall submit to the Planning Board the following
materials:
(a)
Exact location of the proposed telecommunications facility and/or
tower, including geographic coordinates, together with any guy wires
and guy anchors, if applicable;
(b)
The maximum height of the proposed telecommunications facility
and/or tower, to include all appurtenances;
(c)
The details of tower type, to include engineering drawings from
tower manufacturer (monopole, guyed, freestanding or other);
(d)
Location, type and intensity of any lighting on the tower;
(e)
Property boundaries and names of adjacent landowners;
(f)
Proof of the landowner's consent to abide by this article if
the applicant does not own the property;
(g)
Location of all other structures on the property and all structures
on any adjacent property within 100 feet of the property lines, together
with the distance of those structures from any proposed tower;
(h)
Location, nature and extent of any proposed fencing, landscaping
and/or screening; and
(i)
Location and nature of proposed utility easements and access
road, if applicable.
(2)
For the area within construction area, the applicant shall show:
(3)
At the time the applicant is notified of the public hearing
date, he or she will be required to obtain signage provided by the
Planning Board by way of the Zoning Officer to be posted at the site
by the applicant in such a manner as to be readily visible to the
public from the nearest adjacent public road at least 10 days prior
to the public hearing.
B.
Application.
(1)
The applicant shall submit to the Planning Board the following
materials:
(a)
A report from a professional engineer, which shall:
[1]
Describe the tower and the technical, economic and other reasons
for the tower design;
[2]
Demonstrate that the tower is structurally sound;
[3]
Describe how many and what kind of antennas are proposed;
[4]
Describe how many and what kind of antennas are possible on
the tower;
[5]
Demonstrate that the site can contain on site substantially
all ice fall or debris from tower failure;
[6]
Demonstrate that the proposed electromagnetic radiation will
not exceed the levels for the environment recommended by the Federal
Communications Commission in FCC 96-326, Table 1, "Limits for Maximum
Permissible Exposure," and including current limits set by the FCC
at time of application, at the following locations:
(b)
A copy of the applicant's FCC license, including any requirements
from the FAA.
(c)
A copy of the certificate of need issued by the Public Service
Commission.
(d)
A letter of intent committing the tower owner applicant and/or
landowner to negotiate in good faith for shared use by third parties.
This letter, which shall be filed with the Building Inspector prior
to the issuance of a building permit (assuming the telecommunications
tower is approved), shall commit the tower owner and his or her successors
in interest to:
[1]
Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant;
[2]
Negotiate in good faith for shared use by third parties;
[3]
Allow shared use if an applicant agrees, in writing, to pay
charges; and
[4]
Make no more than a reasonable charge for shared use, based
on generally accepted accounting principles. The charge may include,
but is not limited to, a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance, financing, return on equity and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference or causing
uses on the site to emit electromagnetic radiation in excess of levels
described above.
(e)
Evidence that existing facilities or structures, within the
technically feasible area, do not have space on which planned equipment
can be placed so as to function effectively. This shall include the
following:
[1]
The applicant shall contact the owners of all existing or approved
towers within a ten-mile radius of a proposed site;
[2]
The applicant shall provide each contacted owner with the engineer's
report required above; and
[3]
The applicant shall request each contacted owner to assess the
following:
[a]
Whether the existing tower could accommodate the
antenna to be attached to the proposed tower without causing structural
instability or electromagnetic interference;
[b]
If the antenna cannot be accommodated, assess whether
the existing tower could be structurally strengthened or whether the
antennas and related equipment could be protected from interference;
[c]
Whether the owner is willing to make space available;
and
[d]
The projected cost of shared use.
(f)
Visual environmental assessment form (EAF) addendum to the full
EAF.
(g)
Application fee as established by Town Board resolution.
(h)
Application shall provide a five-year plan for build-out with
propagation studies.
(i)
Analysis of alternative sites that includes a preliminary viewshed
analysis.
(j)
Names, addresses, and phone numbers of the applicant, landowner,
engineering consultant, and service provider.
(2)
The Building Inspector will not be required to proceed under
this chapter until an application is complete and application fee
is paid as set by the Town Board.
A.
Procedures.
(1)
After the applicant has filed all documents and supplied all
the information required by the Building Inspector, but not later
than 30 days from the date a completed application is filed, the Building
Inspector shall file such application and all other documents with
the Chair of the Planning Board, who shall place the application on
the agenda of the next meeting of the Planning Board.
(2)
The application shall be reviewed at such meeting and the Chair
shall set a date for a public hearing, notice of which shall be posted
and published at least once in the official newspaper, the first publication
of which shall be at least 10 days prior to the date set for the public
hearing, and mailed to owners of property lying within 1,000 feet
of the proposed site and to such other owners of property in the vicinity
of the proposed site as the Chair of the Planning Board shall determine,
at the applicant's cost. It shall be sufficient if the determination
of the ownership is based on the current assessment roll and the assessment
map, but the failure to notify all such owners shall not render defective
any action of the Planning Board.
(3)
The date of said public hearing shall be within the requirements
set forth in Town Law and the State Environmental Quality Review Act
from the date on which the completed application was filed with the
Chair of the Planning Board.
(4)
The Planning Board may at any stage of the proceedings require
additional information, documents or testimony, and may adjourn final
consideration of its recommendation for a reasonable period for the
foregoing purpose and for further study and review, but no more than
60 days after the first date set for the public hearing.
(5)
If the Planning Board requires the assistance of a consultant
to evaluate the application, the reasonable fees for consultation
required by the Planning Board to evaluate the application shall be
borne by the applicant.
(6)
The special permit may be granted, denied, or granted with conditions
by the Planning Board.
B.
Planning Board criteria. The Planning Board, before rendering its
decision, shall consider the following standards and matters:
(1)
The proposed structure is necessary to meet current or reasonably
expected demands for services in the community.
(2)
The application significantly demonstrates that alternative
sites were evaluated.
(3)
The application conforms to all federal and state laws and all
applicable rules or regulations promulgated by the FCC, the FAA and
other federal agencies having jurisdiction.
(4)
The proposed structure is considered a public utility in the
State of New York.
(6)
The application complies with all other requirements of this
chapter, unless expressly superseded herein.
(7)
The site is the most appropriate choice among the sites available
within the technically feasible area for the location of a telecommunications
facility.
(8)
In considering construction of a new tower, such tower is designed
to accommodate future shared use by at least two other telecommunication
service providers. Any subsequent location of telecommunication 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 and if the
tower's original design was adequate to accommodate the proposed additional
equipment. However, the proposed structure will require a site plan
review and issuance of a building permit before construction occurs.
At the discretion of the Zoning Officer there may be required, before
issuance of a building permit, an engineer's certificate or report
to the effect that with the proposed additional equipment the existing
tower continues to be safe and meets all then currently applicable
design and construction criteria in accordance with generally accepted
good engineering practices and generally accepted industry standards.
(9)
The size of the site chosen for the proposed use. The tower
must be located on an unoccupied parcel having an area of sufficient
size that no part of the tower will fall on a neighboring property
should the structure collapse.
No building permit shall be issued until final approval has
been granted to the applicant by any county, state and federal agency
having jurisdiction in the matter and any and all other permits which
may be required have been issued to the applicant.
Any permit granted under this article shall be valid only for
the dimensions and number of antennas or towers in the original application.
A new application must be submitted to the Planning Board for any
changes.
A.
At the time of submittal of the application for a special permit
for a telecommunications facility, the applicant shall submit an agreement
to remove all antennas, driveways, structures, buildings, equipment
sheds, lighting utilities, fencing, gates, accessory equipment or
structures, as well as any tower(s) designated solely for use within
a telecommunications facility if such facility becomes technologically
obsolete or ceases to perform its original intended function for more
than 12 consecutive months. Upon removal of said facility, the land
shall be restored to its previous condition, including, but not limited
to, the seeding of exposed soils.
B.
At the time of obtaining a building permit, the applicant must provide
a financial security bond for removal of the telecommunications facility
and restoration of the property, with the municipality as the assignee,
in an amount approved by the Planning Board, but not less than $50,000.
C.
In instances of modification of the special permit, the Planning
Board may adjust the required amount of the financial security bond
to adequately cover increases in the cost of the removal of the telecommunications
facility and the restoration of the property.
