In order to accommodate the communications needs of residents
and businesses while protecting the public health, safety and general
welfare of the community, the City of Gloversville finds that these
regulations are necessary in order to:
A. Facilitate the provision of wireless telecommunications services
to residents and businesses of the City.
B. Minimize adverse visual effects of towers through careful design
and siting standards.
C. Avoid potential damage to adjacent properties from tower failure.
D. Maximize the use of existing and approved towers and buildings to
accommodate new wireless telecommunications antennas in order to reduce
the number of towers needed to serve the community.
The Telecommunications Act of 1996 contains important provisions
for towns concerning the development of wireless telecommunications
facilities. The 1996 Act establishes a comprehensive framework for
the exercise of jurisdiction by state and local authorities. Section
704 of the 1996 Act governs federal, state and local government oversight
of wireless telecommunications facility sightings. Section 704 clearly
preserves local zoning authority over personal wireless service facilities
by stating that "nothing in this Act shall limit or affect the authority
of a state or local government or instrumentality thereof over decisions
regarding the replacement, construction and modification of personal
wireless service facilities." The limitations of Section 704 on local
government are that a local government shall:
A. Not discriminate among providers of functionally equivalent services.
B. Not prohibit or have the effect of prohibiting the provision of personal
wireless services.
C. Act on any request for authorization to place, construct or modify
personal wireless service facilities within a reasonable period of
time after the request is filed.
D. Put any decision to deny a personal wireless service facility into
writing and support such decision by substantial evidence contained
in a written record.
E. Not regulate personal wireless service facilities on the basis of
the environmental effect of radio frequency emission to the extent
that such facilities comply with the FCC guidelines for such emissions.
To discourage the proliferation of wireless communications towers,
shared use of tower structures is both permitted and encouraged. If
feasible, wireless telecommunications service facilities shall be
located on existing structures, including but not limited to buildings,
water towers, existing telecommunications facilities, utility poles
and towers and related facilities, provided that such installation
preserves the character and integrity of those structures. All site
plan applications for new wireless telecommunications towers must
include documentation regarding the availability of any existing or
approved, but unbuilt, communications towers within the transmission
area that may meet the needs of the applicant. Evidence of the written
contract with all wireless service providers who supply service within
one mile of the proposed tower must be provided. The applicant should
inquire about potential collocation opportunities at all technically
feasible locations. The contracted providers shall be requested to
respond in writing to the inquiry within 30 days. The applicant's
letter, as well as the responses that are received, shall be presented
to the Planning Board as part of the site plan application package.
The property owner shall be responsible for the removal of unused
communications towers within 12 months of cessation of use. If such
a tower is not removed by the property owner, then the city may employ
all legal measures, including, if necessary, obtaining authorization
from a court of competent jurisdiction, to remove the tower and, after
removal, may place a lien on the subject property for all direct and
indirect costs incurred in dismantling and disposal of the tower,
including court costs and reasonable attorney fees.