The Town Board of the Town of Lockport makes
the following findings:
A.
The Town Board of the Town of Lockport finds a growing
need for personal wireless service facilities, as defined in Section
704 of the Telecommunications Act of 1996,[1] based on an increase in applications to locate these facilities
in the Town. Prior to the adoption of this article, no specific procedures
existed to address recurrent issues related to siting personal wireless
service facilities. Accordingly, the Town Board finds that the promulgation
of this article is necessary to direct the location, construction,
and maintenance of these facilities.
[1]
Editor's Note: See 47 U.S.C. § 332(c).
B.
Furthermore, the Town Board finds that the small-town
atmosphere and character of the Town of Lockport requires the stringent
regulation of telecommunications towers; that such towers inherently
detract from the nature and character of the Town of Lockport, and
this amendment is necessary to direct the location of personal wireless
telecommunications facilities within the boundaries of the Town of
Lockport to minimize the number of such towers; to protect residential
areas and other land uses from potential adverse impacts of personal
wireless telecommunications facilities; to minimize adverse visual
impacts of personal wireless telecommunications facilities, and to
encourage shared use and collocation of existing and new personal
wireless telecommunications facilities and communications towers as
a primary option rather than construction of additional single-use
towers; and to protect the health, safety, and general welfare of
the citizens of the Town of Lockport.
The following definitions shall apply to this
title:
The federal agency responsible for licensing and regulating
wireless communications. The FCC has primary regulatory control over
telecommunications providers through its powers to control interstate
commerce and to provide a comprehensive national system in accordance
with the Federal Communications Act.[1]
A modification of the height, silhouette and/or ground area
of any telecommunications tower or telecommunications accessory structure.
The addition of telecommunications antennas to an existing tower shall
not be considered a major modification.
Persons, firms or corporations supplying personal wireless
telecommunications service, including all equipment, apparatus, facilities
and devices used in the supplying of personal wireless telecommunications
service.
Commercial mobile services, unlicensed wireless services
and wireless carrier exchange access services.
Persons, firms or corporations supplying gas, electricity,
water, power, transportation or land-line telephone to the general
public. For purposes of this chapter, personal wireless telecommunications
service facilities shall not be considered a public utility and are
defined separately.
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission (FCC). Design
examples of telecommunications antennas include, but are not limited
to: whip, panel, and dish.
A tower (including antenna) which supports communication
(transmission or receiving) equipment. The term "telecommunications
tower" shall not include any amateur radio operators' equipment as
licensed by the FCC. Design examples of telecommunications towers
antennas include, but are not limited to: self-supporting lattice,
guyed, and monopole.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq.
Subject to the provisions of this article, personal
wireless telecommunications facilities and communications towers shall
be allowed only in the Agricultural District (AG), Industrial Use
District (IN), or General Business Use District (B-2). Any inconsistent
provisions of the Zoning Law which purport to or may be interpreted
to allow telecommunication towers or facilities in other districts
are hereby superseded.
A.
The placement, construction and major modification
of all personal wireless telecommunications towers within the boundaries
of the Town of Lockport and new telecommunications antennas which
are attached to structures other than existing telecommunications
towers shall be permitted only by special permit by the Planning Board
in accordance with the criteria established in this section, upon
site plan approval issued by the Planning Board and issuance of a
building permit, and subject to the provisions of this section and
all other applicable regulations.
B.
All new telecommunications antennas which are attached to existing telecommunications towers shall comply with the requirements of § 200-115.
C.
All telecommunications towers existing on the effective
date of this chapter shall be allowed to continue their usage as they
presently exist. Routine maintenance (including replacement with a
new tower of like construction and height) shall be permitted on such
existing towers. New construction other than routine maintenance shall
comply with the requirements of this chapter.
D.
No personal wireless service facility shall hereafter
be used, erected, moved, reconstructed, changed or altered except
in conformity with these regulations. No existing structure shall
be modified to serve as a transmission tower unless in conformity
with these regulations.
E.
Any applications pending for telecommunications towers,
antennas or accessory structures on the effective date of this chapter
shall be subject to the provisions of this article.
F.
This article shall take precedence over any inconsistent
provisions of the Zoning Law of the Town of Lockport.
G.
To preserve the aesthetic and scenic value of the Town of Lockport, new telecommunications facilities shall be sited on an existing telecommunications tower, unless the applicant demonstrates unequivocally that collocation is not possible. Any existing permit shall, regardless of additional expense or modification of facilities, allow and encourage collocation on its facilities. If collocation is not possible, such facilities shall be located in the areas established in § 200-111.
Applications under this article shall be made
as follows: Applicants for a special permit to place, construct, or
make major modification to personal wireless telecommunications facilities
within the Town of Lockport shall submit two copies of the following
information to the Building Inspector, who shall present it to the
Planning Board for review and recommendation. The Planning Board may
make such additional referrals as it deems appropriate. No such application
shall be deemed filed until any required application fee has been
paid. The following information shall be contained in the application:
A.
State Environmental Quality Review Act (SEQRA) environmental
assessment form (EAF): a completed EAF, including the visual EAF Addendum.
The visual assessment report shall include appropriate models and
photography assessing the visibility from key viewpoints identified
in the visual EAF addendum, existing tree lines, and proposed elevations.
B.
Landscape plan: For towers, a landscape plan addressing
other standards listed in this section. The landscape plan shall delineate
the existing trees, or areas of existing trees, to be preserved, the
location and dimensions of proposed planting areas, including the
size, type, and numbers of trees and shrubs to be planted, curbs,
fences, buffers, and screening elevations of fences, and materials
used.
C.
Preliminary report prepared by a licensed professional
engineer describing:
(1)
Feasibility of collocation on existing structures
and telecommunications facilities;
(2)
Applicant's full map and grid coverage in the Town;
(3)
Surrounding topography and relation to line-of-sight
transmission;
(4)
Available road access, electric power and land-based
telephone lines and/or microwave link capability;
(5)
Required improvements or construction activities,
including those within the public right-of-way or lands owned or controlled
by the Town of Lockport;
(6)
Identity of location, ownership and usage of currently
existing telecommunications facilities within the Town;
(7)
Plans for construction of telecommunications accessory
equipment building or structure;
(8)
Proposed mitigation measures for visual impacts;
(9)
Proposed safety measures;
(10)
Compatibility with existing telecommunications
networks, New York State Thruway Authority telecommunications network
and public safety and emergency networks, such as fire, ambulance,
police and 911.
D.
In the case of an application for a telecommunications
tower, additional information shall be provided describing the telecommunications
tower height and design, including a cross section of the structure;
the telecommunications tower's compliance with applicable structural
standards; the telecommunications tower's capacity, including the
number and type of telecommunications antennas it can accommodate
and the basis of calculation of capacity. With regard to height, the
applicant shall submit sufficient documentation to the Planning Board
demonstrating that the proposed height is the minimum height necessary
to obtain adequate coverage of its service.
E.
In the case of a telecommunications antenna mounted
on an existing structure that is not a telecommunications tower, additional
information shall be provided indicating the existing structure's
suitability to accept the telecommunications antenna, the proposed
method of affixing the telecommunications antenna to the structure,
and complete details of all fixtures and couplings and the precise
point of attachment shall be indicated.
F.
Demonstration of need for proposed telecommunications
facility showing the impracticality of upgrading or expanding an existing
site.
G.
Demonstration that the proposed site is the most appropriate
available site for the location of the cellular telephone facility.
H.
Inventory of existing telecommunications facilities
within the Town outlining opportunities for shared use as an alternative
to the proposed use. If collocation is not used, the applicant must
demonstrate that the proposed telecommunications tower or telecommunications
antenna cannot be accommodated on an existing approved telecommunications
tower or facility, or an existing facility with modifications.
I.
Description of the applicant's long-range plans which
project market demand and long-range facility expansion needs within
the Town.
J.
Proof of certified mail announcements to all other
telecommunications providers in the area declaring the applicant's
sharing capabilities and/or siting needs.
K.
A site plan, in conformance with applicable site plan
submission requirements under this chapter. The site plan shall show
all existing and proposed structures, equipment, parking, and other
improvements. Elevations of existing and proposed structures shall
also be provided, showing height, width, depth, type of materials,
color schemes, and other relevant information. All features of the
facility necessary for providing road access, electrical service,
land-based telephone line connection and/or microwave link capability
within the property boundaries of the proposed location shall be shown.
L.
In the case of an application for a telecommunications
facility to be located on private lands owned by a party other than
the applicant or the Town, a copy of the lease agreement with the
property owner shall be provided.
M.
Such other information as may be required by the Planning
Board, the Zoning Board of Appeals or the Town Engineer or Building
Inspector, or other Town consultant.
Special permits issued for personal wireless
telecommunications service facilities and telecommunications towers
shall meet the following conditions:
A.
Opportunities for shared use.
(1)
The shared use of existing personal wireless service
transmission facilities shall be preferred to the construction of
new such facilities. Additionally, where such shared use is unavailable,
location of an antenna on preexisting structures shall be considered.
If a new transmission site is proposed, the applicant shall submit
an adequate report inventorying existing towers and antenna sites
within a reasonable distance from the proposed site and outlining
opportunities for shared use as an alternative to a new site. The
applicant must demonstrate that the proposed tower or antenna cannot
be accommodated on an existing facility due to one or two of the following
reasons:
(a)
The planned equipment would exceed the structural
capacity of existing and approved transmission facilities, considering
existing and planned use for these facilities.
(b)
The existing or proposed equipment would cause
radio frequency interference with other existing and planned equipment,
which cannot reasonably be prevented or mitigated.
(c)
Existing or approved transmission facilities
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably.
(d)
Other reasons that make it impracticable to
place the equipment proposed by the applicant on existing and approved
transmission facilities.
(2)
Approval of a proposal to share space on an existing
facility may be conditioned upon the applicant's agreement to pay
all costs of adapting an existing facility to a new shared use. These
costs can include structural reinforcement, preventing transmission
or receiver interference, additional site screening, and other changes
required to accommodate shared use.
B.
Separation distance. All telecommunications towers
and accessory structures shall comply with zoning setback regulations
in the affected zone. In addition, telecommunications towers shall
be separated from all residential dwellings, schools, public parks,
and the edge of the Niagara Escarpment by a distance of 250 feet or
1 1/2 times the height of the tower, whichever is greater. Telecommunications
towers must be set back from public roadway rights-of-way by a distance
of 100 feet or 1 1/2 times the height of the tower, whichever
is greater.
C.
Minimal visual impacts. All telecommunications towers
and telecommunications antennas shall be sited to have the best possible
practical visual effect on the environment.
D.
Lighting. Telecommunications towers shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration
or other federal, state or local authority.
E.
Material and paint. Telecommunications towers and
telecommunications antennas shall be of a galvanized finish, painted
gray above the surrounding tree line, and gray or green below the
tree line; the mountings of telecommunications antennas shall be nonreflective
and of the appropriate color to blend with their backgrounds, unless
otherwise required by the FAA.
F.
Landscaping. For towers, vegetative screening shall
be provided to effectively screen the tower base and accessory facilities.
At a minimum, this screening shall consist of one row of native evergreen
shrubs or evergreen trees capable of forming a continuous hedge at
least 10 feet in height within two years of planting. Existing trees
and other vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute or in supplement toward meeting landscaping
requirements. Additional screening may be required to screen portions
of the tower from nearby residential property or important views.
All landscaping shall be properly maintained to ensure good health
and viability.
G.
Architectural compatibility. Where a transmission
facility is to be attached to an existing building or structure, such
equipment shall be integrated into such existing building or structure
in a manner that blends with the architectural characteristics of
the building or structure to the maximum extent practicable.
H.
Signage. Signage shall be prohibited on transmission
facilities, except for identification signage located along the right-of-way
frontage and approved by the Planning Board. No signage shall be allowed
on equipment, including structures or antennas.
I.
Height. The size of telecommunications sites shall
be limited to the minimum required to provide proposed telecommunications
services but shall include consideration of the height needed for
collocation. The Planning Board may require provisions to be made
to the structure which will allow for structural integrity sufficient
to accommodate extensions for collocation.
J.
Access roads. Plans for access roads shall be submitted
as part of the permit application and shall be subject to approval
by the Highway Superintendent.
K.
Telecommunications accessory structures. Telecommunications
support facilities such as vaults and equipment rooms, utilities and
other support structures shall be screened, placed underground, depressed,
earth-bermed or sited to minimize visual impact to the greatest extent
feasible, particularly in areas of high visibility, as determined
by the Planning Board.
L.
Telecommunications antennas. Due to their high visibility,
dish and parabolic telecommunications antennas shall be located at
as low an elevation as possible without compromising the function
of the device, preferably on the sides of buildings or ground-mounted
wherever possible, other than elevated on telecommunications towers.
Microwave and satellite dishes shall be of mesh construction wherever
possible.
M.
Utility service. At the discretion of the Planning
Board, electrical and land-based telephone facilities, extended to
serve telecommunications sites, shall be underground on the applicant's
property.
N.
Security provisions. Each site shall have a security
program, including physical features such as fencing, anti-climbing
devices or elevating ladders on the telecommunications towers and/or
monitoring either by staff or electronic devices, to prevent unauthorized
access and vandalism.
O.
Safe zone. Telecommunications towers shall be designed
so that in the event of failure they will fall within the setback
area of the site and/or away from adjacent development.
P.
Noise. Noise-producing equipment shall be sited and/or
insulated to minimize noise impacts on adjacent properties.
Q.
Telecommunications antennas attached to nontower structures.
Any telecommunications antenna which is not attached to the telecommunications
tower shall be an ancillary use allowed by special permit to any principal
permitted use the zoning districts in which telecommunication facilities
are allowed. Such antennas shall be subject to the applicable special
permit conditions listed above in this section as well as the following
additional conditions:
(1)
The antennas shall not extend higher than 20 feet
above the structure; and
(2)
The antennas comply with all applicable building codes;
and
(3)
The antennas must by set back at least 10 feet from
the roof edge or 10% of the roof depth (measured from the edge facing
the public street to the opposite edge of the roof), whichever is
greater;
(4)
Any related equipment structure must not occupy more
than 25% of the roof area; and
(5)
Antennas and accessory equipment cabinets and structures
shall be screened, constructed, and colored to match the structure
to which they are attached.
A.
Proposed telecommunications antennas may, and are
encouraged to, collocate onto existing approved or legally nonconforming
communication towers. Provided such collocation is accomplished consistent
with the subsections below, then such collocations are permitted by
right subject to site plan and building permit approval, and new or
additional special permit approval shall not be required.
B.
A telecommunications tower which is modified to accommodate
the collocation of an additional telecommunications antenna shall
be modified in the manner of the same tower type, materials, and other
features as the existing tower.
C.
An existing tower may be modified to a taller height,
to exceed 20 feet over the tower's existing height, to accommodate
collocation. This height change may occur only one time per tower.
The additional height shall not require additional separation distance
as defined above.
D.
New telecommunications antennas shall not exceed more
than 20 feet above the highest point of the existing tower.
E.
New or modified accessory structures shall be permitted
within the boundaries of the existing parcel of the telecommunications
tower, subject to consistency with underlying zoning district requirements
and approval of a building permit.
F.
Information shall be provided indicating the existing
or modified structure's suitability to accept the additional telecommunications
antenna, the proposed method of affixing the telecommunications antenna
to the structure, and complete details of all fixtures and couplings,
and the precise point of attachment. A cross section of the modified
tower and antennas and modified site plan, if applicable, shall be
provided.
A.
Time limit on completion. After approval of a transmission
facility, the building permit shall be obtained within six months
and the project shall be completed within 12 months. If not constructed,
the special permit shall automatically lapse within 12 months after
the date of approval by the Planning Board.
B.
Annual inspection and report. Telecommunications towers,
including towers existing on the effective date hereof, shall be inspected
annually by a licensed professional engineer or at any other time
upon a determination by the Town's Building Inspector that the telecommunications
tower may have sustained structural damage, and a copy of the inspection
report shall be submitted to the Town Building Inspector. The inspection
report shall describe the structural integrity of the facility, maintenance
issues and repairs needed or made, if any.
C.
Removal. All telecommunications facilities, including,
but not limited to, antennas, towers and accessory structures, shall
be dismantled and removed from the site when they have been inoperative,
abandoned or had their special permit revoked, for six months. Determination
of the date of abandonment shall be made by the Building Inspector,
who shall have the right to request documentation from the owner/operator
for the facility regarding the issue of facility usage. Upon such
abandonment, the owner/operator shall have an additional 180 days
within which to either reactivate the use of the facility to transfer
the facility to another owner/operator who makes actual use of the
tower; or dismantle and remove the facility from the premises at the
expense of the owner/operator. At the earlier of 181 days from the
date of abandonment without reactivation or upon completion of dismantling
and removal, any special permit and/or variance approvals for the
facility shall automatically expire. Applicants shall post a bond
or other suitable undertaking as a condition of the use permit in
order to guarantee removal of abandoned structures.
D.
Post-installation field report. A post-installation
field report identifying the facility's coverage area, the telecommunications
tower's maximum capacity, committed capacity and unused capacity,
if any, and collocated users of the telecommunications tower shall
be submitted to the Town.
E.
Proof of insurance. The applicant shall annually provide
the Town Clerk with proof of insurance in a sufficient dollar amount
to cover potential personal and property damage associated with construction
and operation thereof.
F.
Special permit term. Special permits granted pursuant
to this section may be limited in duration by the Planning Board.
G.
To the extent determined by the Planning Board, the
application shall provide for the placement of antennas and other
telecommunications devices on its facilities for public safety organizations.
H.
Application fee. Applicant shall pay an application
fee in the amount of $1,000, or such other amount as the Town Board
may, from time to time, determine by resolution, upon filing of its
application to cover the expense of processing the application. Such
fees shall be paid for any renewals.
I.
Special permits granted under this article shall be
issued only following a public hearing held as required by the Town
Zoning Law.
J.
The development of a tower over 100 feet in height
shall be considered a Type I action under SEQRA.
K.
The Planning Board may grant the special permit, deny
the special permit or grant the special permit with written stated
conditions. Denial of the special permit shall be by written decision
based upon substantial evidence submitted to the Board.
L.
Special permits granted under this article shall not
be assignable or transferable.
M.
In addition to the requirement of this chapter, the
special permit application shall be subject to any other site plan
approval requirements set forth in the Zoning Law.
If the applicant violates any of the conditions
of its permit or violates any other local, state or federal laws,
rules or regulations, this shall be grounds for revocation of the
special permit. Revocation may occur after the applicant is notified
of the violations and the Planning Board holds a hearing on same.
Exceptions to these regulations are limited
to the following:
A.
Private transmission facilities that are new uses
accessory to residential uses, provided that the height of any such
use does not exceed other height limitations provided for in the Zoning
Law or the elevation of the surrounding neighboring tree line.
In their interpretation and application, the
provisions of this article shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, and the general
welfare. It is not intended to interfere with, abrogate, or annul
other rules, regulations or laws, provided that whenever the requirements
of this article are at variance with the requirements of any other
lawfully adopted regulations, rules, or laws, the most restrictive,
or those which impose the highest standards, shall govern.
If any section, subsection, phrase, sentence,
or other portion of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
