[HISTORY: Adopted by the Town Board of the
Town of New Hartford 8-5-1998 by L.L. No. 6-1998. Amendments noted
where applicable.]
The Planning Board of the Town of New Hartford
is hereby authorized to review and approve, approve with modifications
or disapprove tower special use permits and site plans consistent
with Article 16 of the Town Law of the State of New York, §§ 274-a
and 274-b.
The Town of New Hartford recognizes the increased
demand for wireless communication transmitting facilities and the
need for the services they provide. Often, these facilities require
the construction of a telecommunications tower and associated structures.
The intent of this chapter is to regulate telecommunication facilities
in accordance with the guidelines of the Telecommunications Act of
1996 by:
A.Â
Accommodating the need for telecommunication towers/antennas
while regulating their location and number in the community.
B.Â
Minimizing adverse visual impacts of these towers/antennas
while regulating their location and number in the community.
C.Â
Preserving and enhancing the positive aesthetic qualities
of the built and natural environment in the Town of New Hartford.
D.Â
Avoiding potential damage to adjacent properties from
tower failure, falling ice, etc., through engineering and proper siting.
E.Â
Requiring the joint use of towers, when available,
and encouraging the placement of antennas on existing structures,
to reduce the number of such structures in the future. No new tower
may be established if there is a technically suitable space available
on an existing telecommunications tower or structure within the search
area that the new cell site is to serve.
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a telecommunications tower, and located on the
same lot as the telecommunications tower, including utility or transmission
equipment storage sheds for 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
(PCS) and microwave communications.
Any receiving antenna other than a satellite antenna.
See "antenna."
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
Telecommunication towers and associated antennas and accessory
structures.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications but excluding those used either for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar communications.
Any tower, pole, windmill or other structure, whether attached
to a building, guyed or freestanding, designed to be used for and/or
for the support of any device for the transmission and/or reception
of radio frequency signals, including but not limited to, broadcast,
shortwave, citizen's band, FM or AM television, microwave and any
wind-driven devices, whether used for energy production or not.
No special use permit or renewal thereof or
modification of a current special use permit relating to a telecommunications
facility shall be authorized by the Planning Board unless it finds
that such telecommunications facility:
A.Â
Is necessary to meet current or expected demands for
service;
B.Â
Conforms with all applicable regulations promulgated
by the Federal Communications Commission, the Federal Aviation Administration
and other federal agencies;
C.Â
Is considered a public utility in the State of New
York;
D.Â
Is designed and constructed in a manner which minimizes
visual impact to the extent practical;
E.Â
Complies with all other requirements of this chapter,
unless expressly superseded herein;
F.Â
Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
facility;
G.Â
When including the construction of a tower, such tower
is designed to accommodate future shared use by at least one other
telecommunication service provider. 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. However,
the additional equipment will require town staff review.
[Added 3-27-2013 by L.L. No. 1-2013[1]]
A.Â
Telecommunications towers and antennas shall be permitted in all districts except for residential or within 750 feet of a residential district, except as set forth in Subsection B below, subject to the requirements of this chapter.
B.Â
Towers and antennas shall not be permitted in residential districts or within 750 feet of a residential district unless a special use permit is granted pursuant to §§ 107B-6 and 107B-7 and site plan review as set forth in Article V of the Town Zoning Law, provided that the applicant can show an undue hardship in that:
(1)Â
The
applicant would not be able to provide service to the area without
locating in the described area.
(2)Â
The
applicant has demonstrated that it is unable to collocate on an existing
tower or structure, nor can it locate a new or second tower on a nonresidential
property where there is an existing tower or structure.
C.Â
Where the applicant seeks to locate in a residential district or
within 750 feet of a residential district, an applicant must prove
that it cannot utilize a current tower, structure, utility pole, building
or land area for an additional structure because of technical reasons
which would make the provision of service not possible. Proof of the
extraordinary additional cost may be presented by the applicant on
the issue of proof of inability to collocate or otherwise utilize
a current tower, structure, utility pole, or building or land area.
However, the fact that additional cost is involved and additional
antennas may be required is not conclusive as to the finding of an
inability to so collocate. Additional costs may be reasonable and
rational costs of doing business, particularly where locations, in
particular residential areas, are considered "prime."
D.Â
In the event that the applicant meets the criteria of Subsections B and C above, subject to all other requirements of this chapter, the facility located in a residential district must meet the following additional criteria:
(1)Â
If the tower is less than 50 feet in height or the antennas are to
be located on a structure of less than 50 feet, the Planning Board
in its discretion may require that the tower and/or antennas be completely
camouflaged to blend with the surroundings, including but not limited
to:
(2)Â
If applicant has proved that a tower greater than 50 feet is needed
to provide the required coverage, the Planning Board may require that
more than one tower being 50 feet or less be built in lieu of a single
taller tower in order to provide the required coverage. In such a
case, all of the criteria of this chapter must be fulfilled for each
such tower.
(3)Â
In all events of facilities located in residential districts, the
applicant must provide substantial foliage and landscaping within
the vicinity of the tower as well as landscaped buffer areas in keeping
with the goal of providing an aesthetically pleasing residential area.
E.Â
Collocated/existing structure antennas. An antenna that is to be
attached to an existing communications tower or any other structure
is a permitted use in all zoning districts, except in or within 750
feet of a residential zone. An antenna that is to be attached to any
other structure in any zone, other than a residential zone or within
750 feet of a residential zone, is a permitted use. These antennas
are permitted upon the issuance of a building permit. The building
permit application will include a structural analysis/report verifying
the ability of the structure to support the antenna while also deeming
the structure to be capable of supporting the additional loads. The
height of the antenna shall not extend above the height of the existing
structure by more than 50 feet.
[Added 6-11-2014 by L.L. No. 5-2014]
[1]
Editor's Note: This local law also repealed former § 107B-5,
Approvals and bulk requirements.
All applicants for a tower special use permit
shall make written application to the Planning Board, through the
Town Planning Department. This application shall include:
A.Â
Town-supplied permit application form.
B.Â
Proof of notification (certified mail return receipts
to be given to the town by the applicant) of all property owners within
500 feet of the boundaries of the property or which the tower is to
be constructed.
D.Â
Site plan application forms, including long form EAF.
E.Â
Site plan, in form and content acceptable to the town
according to Article V of the Town Zoning Law, prepared to scale and
in sufficient detail and accuracy, showing at a minimum:
(1)Â
The exact location of the proposed tower, together
with guy wires and guy anchors, if applicable.
(2)Â
The maximum height of the proposed tower.
(3)Â
A detail of tower type (monopole, guyed, freestanding
or other).
(4)Â
The color or colors of the tower.
(5)Â
The location, type and intensity of any lighting on
the tower.
(6)Â
The property boundaries. (A copy of a property survey
must also be provided.)
(7)Â
Proof of the landowner's consent if the applicant
will not own the property. (A copy of a lease agreement must also
be provided if the applicant will not own the property.)
(8)Â
The location of all structures on the property and
all structures on any adjacent property within 50 feet of the property
lines, together with the distance of these structures to the tower.
(9)Â
The names of adjacent landowners.
(10)Â
The location, nature and extent of any proposed
fencing and landscaping or screening.
(11)Â
The location and nature of proposed utility
easements and access road if applicable.
(12)Â
Building elevations of accessory structures
or immediately adjacent buildings.
F.Â
"Before" and "after" propagation studies prepared
by a qualified radio frequency engineer (signed and sealed by a professional
engineer registered in the State of New York), demonstrating existing
signal coverage, contrasted with the proposed signal coverage resulting
from the proposed telecommunications facility.
G.Â
A search ring prepared by a qualified radio frequency
engineer (signed and sealed documents by a professional engineer registered
in the State of New York) and overlaid on an appropriate background
map demonstrating the area within which the telecommunications facility
needs to be located in order to provide proper signal strength and
coverage to the target cell. The applicant must be prepared to explain
to the Planning Board why it selected the proposed site, discuss the
availability or lack of availability of a suitable structure within
the search ring which would have allowed for a collocated antenna(s),
and to what extent the applicant explored locating the proposed tower
in a more intensive use district. Correspondence with other telecommunications
companies concerning collocation is part of this requirement.
H.Â
The Town Staff and Planning Board, upon reviewing
the application, may request reasonable additional visual and aesthetic
information as it deems appropriate on a case-by-case basis. Such
additional information may include, among other things, enhanced landscaping
plans, line-of-sight drawings and/or visual simulations from viewpoints
selected by the Town Staff and Planning Board. Line-of-sight drawings
and visual simulations are mandatory for applications in Residential
and Residential-Transitional Zoning Districts.
I.Â
In important preservation/conservation areas as identified
in the town's open space/recreation plan, the town will require additional
site plan and tower special use permit requirements. These requirements
can include, but are not limited to, specially designed towers, additional
screening, greater setbacks and improved landscaping.
The following criteria will be considered by
the town prior to the approval/denial of a request for a tower special
use permit; the criteria listed may be used as a basis to impose reasonable
conditions on the applicant:
A.Â
Siting preferences.
(1)Â
The town may express a preference that the proposed
telecommunications facility be located in an alternate technologically
feasible and available location. A guideline for the town's preference,
from most favorable to least favorable districts/property, is as follows:
(2)Â
In siting, areas identified in the town's open space/recreation
plan as important preservation/conservation areas should be avoided
to the maximum extent possible.
(3)Â
Any request by the town for information on a preferred
alternate site shall not unreasonably delay the application.
B.Â
Aesthetics. Telecommunications facilities shall be
located and buffered to the maximum extent which is practical and
technologically feasible to help ensure compatibility with surrounding
land uses. In order to minimize any adverse aesthetic effect on neighboring
residences to the extent possible, the Planning Board may impose reasonable
conditions on the applicant, including the following:
(1)Â
The Planning Board may require a monopole or guyed
tower (if sufficient land is available to the applicant) instead of
a freestanding tower. Monopoles are a preferred design.
(2)Â
The Planning Board may require reasonable landscaping
consisting of trees or shrubs to screen the base of the tower and/or
to screen the tower to the extent possible from adjacent residential
property. Existing on-site trees and vegetation shall be preserved
to the maximum extent possible.
(3)Â
The town can request additional site plan requirements
such as specially designed towers, additional screening, greater setbacks
and improved landscaping to address aesthetic concerns.
(4)Â
The town may require the applicant to show that he
has made good-faith efforts to collocate on existing towers or other
available and appropriate structures and/or to construct new towers
near existing towers in an effort to consolidate visual disturbances.
However, such request shall not unreasonably delay the application.
(5)Â
Towers should be designed and sited as to avoid, whenever
possible, application of FAA lighting and painting requirements. Towers
shall not be artificially lighted except as required by the Federal
Aviation Administration (FAA) Towers shall be of a nonreflective finish,
the color of which shall be subject to approval. Any lights which
may be required by the FAA shall not consist of strobe lights, unless
specifically mandated by the FAA.
(6)Â
No tower shall contain any signs or advertising devices.
A small sign on the fencing shall be placed to identify the ownership
of the facility and a telephone number for emergencies.
(7)Â
The applicant must submit a copy of its policy regarding
collocation on the proposed tower with other potential future applicants.
Such policy should allow collocation.
C.Â
Radio-frequency effect. The Planning Board may impose
a condition on the applicant that the communication antennas be operated
only at Federal Communications Commission (FCC) designated frequencies
and power levels and/or Environmental Protection Agency (EPA) technical
exposure limits, and that the applicant provide competent documentation
to support that maximum allowable frequencies, power levels and exposure
limits for radiation will not be exceeded.
D.Â
Traffic, access and safety.
(1)Â
A road turnaround and one parking space shall be provided
to assure adequate emergency and service access. Maximum use of existing
roads, public or private, shall be made. The use of public roadways
or road rights-of-way for the siting of a tower's or antenna's accessory
structures is prohibited.
(2)Â
All towers and guy anchors, if applicable, shall be
enclosed by a fence not less than eight feet in height or otherwise
sufficiently protected from trespassing or vandalism.
(3)Â
The applicant must comply with all applicable state
and federal regulations, including but not limited to FAA and FCC
regulations.
E.Â
Removal of tower. The applicant shall agree to remove
the tower if the telecommunications facility becomes obsolete or ceases
to be used for its intended purpose for 12 consecutive months. The
Planning Board shall require the applicant to provide a demolition
bond (in an amount determined by the Planning Board based on the cost
of removal) for purposes of removing the telecommunications facility
in case the applicant fails to do so as required above. The applicant
shall submit potential cost for removal to the Planning Board.
F.Â
Structural safety. During the application process
and every three years after construction of the tower, the applicant/owner
shall provide to the Codes Enforcement Officer a certification from
a qualified, professional engineer, certifying that the tower meets
applicable structural safety standards.
G.Â
Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair.
Exemptions shall be as follows:
A.Â
Towers and antennas may be repaired and maintained
without restriction.
B.Â
Antennas used solely for residential household television
and radio reception.
C.Â
Satellite antennas measuring two meters or less in
diameter and located in commercial districts and satellite antennas
one meter or less in diameter, regardless of location.
A.Â
The owner/applicant shall submit to the Planning Board
a completed, written application and site plan under the provisions
of Article V.[1] Upon receipt of such application and site plan, the Planning Board shall conduct a two-step review process. The Planning Board shall first determine whether the applicant qualifies for a special use permit according to §§ 107B-6 and 107B-7 of this chapter. Then, the Planning Board shall conduct site plan review in accordance with Article V of the Town Zoning Law.
B.Â
Any application requiring a tower special use permit
and any other approvals from another Board, (i.e., Zoning Board of
Appeals) must receive Planning Board approval prior to any action
by any other Boards.
C.Â
The Planning Board shall conduct a public hearing
on the special use permit within 62 days of receiving an application
and site plan. The public hearing shall be conducted in accordance
with the procedures set forth in Article V.[2] The Planning Board shall review the application for compliance
with the provisions of this chapter and shall determine that the location
of the proposed telecommunications tower is in accordance with the
principles and requirements stated herein.
D.Â
If the Planning Board approves a special use permit,
the Planning Board shall then conduct site plan review. Site plan
review shall be conducted in accordance with Article V of the Town
of New Hartford Zoning Law.
E.Â
The approval of the Planning Board shall be contingent
on the receipt by the Town Board of a bond for the demolition of the
telecommunications tower within five business days and said bond shall
be subject to the approval of the Planning Board and the Town Attorney.
F.Â
Any materials (i.e., proof of continued use of the
tower) to be filed by the owner/applicant or any subsequent owner/operator
of the communication tower shall be filed with the Codes Enforcement
Office of the Town of New Hartford on a yearly basis.
G.Â
The Planning Board may waive or vary any requirements
in this chapter for good cause shown.
H.Â
Any application requiring a tower special use permit
and any other approvals from another Board (i.e., Zoning Board of
Appeals) must receive Planning Board approval prior to any other Board
approvals.
I.Â
This chapter is meant to control towers and similar
facilities in the town. Unless specifically referenced in this chapter,
other sections of the Zoning Law are intended to be inapplicable (such
as height limitations normally required in the relevant zoning district).
Any facility receiving a tower special use permit
that subsequently does not meet the requirements of that permit shall
have its permit revoked, and the tower shall be removed within 90
days of notification by the town.
A.Â
Tower special use permit: $2,500 application fee (includes
site plan fee); plus any additional costs for outside consultants
incurred by the town for review of propagation studies, search ring
and analysis, collocation possibilities or any other review deemed
necessary by town officials.
B.Â
Building permit fee: $250 base fee (examination of
plans and review); plus $10 per $1,000 value of total verified construction
cost.
