[Added 9-3-2002 by L.L. No. 24-2002;
amended 7-17-2007 by L.L. No. 15-2007]
A.
The purpose of this article is to establish predictable
and balanced regulations for the placement, construction and modification
of personal wireless service facilities in order to accommodate the
growth of such facilities while protecting the public against any
adverse impacts on aesthetic resources and the public safety and welfare.
The Town of Babylon wants to accommodate the need for personal wireless
service facilities while regulating their location and number, minimizing
adverse visual impacts through proper design, siting and screening,
avoiding potential physical damage to adjacent properties, and encouraging
joint use of tower structures.
B.
The article also seeks to minimize the total number
of telecommunications towers in the community by encouraging shared
use of existing and future towers, and the use of existing tall buildings
and other high structures, in order to further minimize adverse visual
effects from telecommunications towers.
C.
This article 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 current federal
regulations.
As used in this article, the following terms
shall have the meanings indicated:
An accessory use serves the principal use, is subordinate
in area, extent or purpose to the principal use, and is located on
the same lot as the principal use. Examples of such uses include transmission
equipment and storage sheds.
Equipment necessary to the secure and successful operation
of a wireless facility, including but not limited to a support structure,
antenna, transmitting, receiving, and combining equipment, equipment
shelter, fencing, transmission cables and telephone lines, utility
lines and backup power source.
A system of electrical conductors that transmit or receive
radio frequency waves.
The use of any communication, transmission and/or reception
antenna and/or towers, radio, television and/or telecommunications
beacons to carry two or more antennas by two or more service providers.
Federal Aviation Administration of the United States.
Federal Communications Commission of the United States.
Any unmanned facility used in connection with the provision
of wireless services, including but not limited to antenna, ancillary
telecommunication equipment, telecommunication towers and access.
A wireless facility includes all equipment and structural components
needed to construct a complete wireless facility.
Includes any and all towers or antennas possessing a valid,
current and proper building permit and/or special use permit issued
prior to the effective date of this article.
Including any structure designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers, radio and television
transmission and reception towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
similar structures, inclusive of the structure and any support systems
appurtenant thereto.
Except as set forth in § 213-458 below:
A.
Personal wireless service facilities, towers and antennas
shall be a prohibited use in and within 150 feet of Residential Districts,
Multiple Residence Districts and Senior Citizen Multiple Residence
Districts.
Article XXXIX shall apply to all personal wireless service facilities, towers and antennas except the following:
A.
Amateur radio station operators.
B.
Preexisting towers or antennas, except expansion of
the originally approved fenced compound area, or any addition or expansion
which would increase the height permitted in the affected district.
C.
Those on property owned by the Town.
D.
Antennas which are accessory to permitted residential
uses and are mounted on the residential dwelling without a tower.
The Zoning Board of Appeals is hereby authorized
to review and approve, approve with modifications or disapprove special
use permits for personal wireless service facilities pursuant to this
article. The Zoning Board of Appeals shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed personal wireless service facility,
including the use of camouflage or stealth-type installation of the
tower structure and/or antenna to reduce visual impact.
A.
Except as provided below, no personal wireless service
facility shall hereafter be erected, moved, reconstructed, changed
or altered and no existing structure shall be modified to serve as
a personal wireless service facility, except after obtaining a special
use permit in conformity with this article.
B.
Collocated facilities; equipment located inside.
(1)
Personal wireless service facilities collocating on
existing active towers do not require a special use permit, unless
the originally approved compound area is being expanded, or unless
the personal wireless service facility will be modified in such a
way as to increase its height in excess of the permitted height in
the affected district.
(2)
Personal wireless service facilities collocating on
existing structures or buildings do not require a special use permit
unless the originally approved compound area is being expanded, or
the height in the affected district is being exceeded.
(3)
If equipment area is located inside an existing building
or structure, the condition regarding expansion of compound area does
not apply.
C.
The Zoning Board of Appeals may waive any or all of
the requirements for approval for applicants proposing minor changes
to existing facilities. However, the Board may not waive the requirement
that a public hearing be held on the application.
D.
No building permit shall be issued until the applicant
provides proof that space on the facility has been leased or will
be operated by a provider licensed by the FCC to provide service in
the area.
No special use permit relating to a personal
wireless service facility shall be authorized by the Zoning Board
of Appeals unless it finds that such facility:
A.
Is necessary to provide adequate service to locations
that the applicant is not able to serve with existing facilities;
B.
Conforms to all applicable regulations promulgated
by the FCC, FAA and other federal agencies;
C.
Will be designed and constructed in a manner which
minimizes visual impact to the extent practical; and
D.
Is the most appropriate site among those available
within the technically feasible area for the location of a personal
wireless service facility.
A.
Applications shall include the following:
(1)
The location, type and height of the facility, and
whether it is to be located on an existing structure, collocated or
on a tower.
(2)
Adjacent roadways, rights-of-way, land uses and structures
and zoning on land within 1/2 mile.
(3)
Setbacks from the property line of the proposed site.
(4)
Environmental assessment.
(5)
Scaled drawing of the site, including elevation drawings
of the structure, the distance between all structures and proposed
means of access.
(6)
Landscape plan.
(7)
Radio frequency study.
(8)
Evidence of good faith effort to collocate or locate
on existing towers, structures or buildings and why it is not feasible.
(9)
Location and separation distance between all other
existing and proposed facilities within the Town and/or within one
mile.
(10)
Evidence that no existing tower, structure or
building can accommodate the applicant's proposed antennas and provide
necessary coverage.
(11)
Detailed cost of construction analysis supported
by written documentation.
(12)
Engineering certification of safety of the proposed
tower.
(13)
Aviation Security Advisory Committee (ASAC)
report.
(14)
Radio frequency propagation maps.
(15)
Health and safety study.
(16)
Copy of FCC and FAA application and approval.
(17)
Photo-simulation or visual analysis report showing
where, within one mile, the facility can be seen.
(18)
National Environmental Policy Act (NEPA) Study.
B.
The Zoning Board of Appeals may retain its own structural
and/or radio frequency engineer, real estate appraiser and traffic
engineer at the applicant's expense if the Zoning Board of Appeals
deems necessary.
The shared use of existing personal wireless
service facilities or other structures shall be preferred to the construction
of new facilities. Any special use permit application, renewal or
modification thereof shall include proof that reasonable efforts have
been made to collocate within an existing personal wireless service
facility or upon an existing structure within a reasonable distance,
regardless of municipal boundaries, of the site. The applicant must
demonstrate that the proposed personal wireless service facility cannot
be accommodated on existing personal wireless service facilities due
to one or more of the following reasons:
A.
The planned equipment would exceed the structural
capacity of existing and approved personal wireless service facilities
or other structures, considering existing and planned use for those
facilities;
B.
The planned equipment would cause radio frequency
interference with other existing or planned equipment which cannot
be reasonably prevented;
C.
Existing or approved personal wireless service facilities
or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably;
D.
Other technical reasons make it impracticable to place
the equipment proposed by the applicant on existing facilities or
structures;
E.
The property owner or owner of the existing personal
wireless service facility or other structure refuses to allow such
collocation or requests an unreasonably high fee for such collocation
compared to current industry rates; and
F.
Existing or approved personal wireless service facilities
cannot provide necessary coverage for a designated geographic area.
A.
Towers must comply with front yard setbacks of the
affected zoning district. Towers must comply with either the side
yard and rear yard setback of the affected zone, or must be setback
a minimum of five feet from the rear or side property line, whichever
is greater.
B.
Setbacks for all other components of a personal wireless
service facility must be a minimum of five feet from the side and
rear property lines, and setback a minimum of 40 feet from the front
property line.
C.
Setbacks shall not apply to rooftop installations
of personal wireless service facilities on existing buildings which
have a valid certificate of occupancy.
Towers shall not be artificially lighted except
to assure human safety, proper flag etiquette and compliance as required
by the FAA.
A.
The maximum height for towers permitted under this
article, including any antennas or other devices extending above the
tower, measured from the ground surface, shall be 80 feet.
B.
Towers shall be galvanized finish and painted gray,
green, blue or similar colors designed to blend into the natural surroundings
below the surrounding tree line unless other standards are required
by the FAA. Accessory uses shall maximize use of building materials,
colors and textures designed to blend with the natural surroundings.
C.
The project shall be designed to blend with the natural
and/or man-made surrounding to the maximum extent practicable.
D.
Structures offering slender silhouettes (i.e., monopole,
flagpole, light pole or stealth-style installation) shall be preferable
to freestanding lattice structures. The Zoning Board of Appeals may
require stealth-style installation such as light pole, flagpole or
similar type structure.
E.
The applicant must examine the feasibility of designing
a proposed tower to accommodate future demand for additional facilities.
A.
Existing on-site vegetation shall be preserved to
the maximum extent possible, and no cutting of trees exceeding three
inches in diameter shall take place prior to approval of the special
use permit. Clear cutting of all trees in a single contiguous area
shall be minimized to the extent possible.
B.
The Zoning Board of Appeals may require appropriate
vegetative buffering around the fences of the tower base area, accessory
structures and the anchor points of guyed towers to buffer their view
from neighboring residences, recreation areas, waterways, historic
or scenic areas, or public roads.
A.
A road will be provided to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made. Road construction shall be consistent with standards
for private roads and shall at all times minimize ground disturbance
and vegetation cutting. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
B.
Equipment, other than that necessary for the operation
of the personal wireless service facility, and/or vehicles shall not
be stored on the facility site.
Except as required by the FAA, FCC or OSHA,
signage is prohibited on personal wireless service facilities, towers
and antennas. Required signs shall not exceed minimum requirements
as set forth by the FCC, FAA and/or OSHA. The Zoning Board of Appeals
may require the installation of signage with safety information.
A.
Towers, anchor points around guyed towers, and accessory
structures shall each be surrounded by fencing not less than six feet
in height and not more than eight feet in height.
B.
There shall be no permanent climbing pegs within 15
feet of the ground.
C.
Motion-activated or staff-activated security lighting
around the base of a tower or accessory structure entrance may be
required. Such lighting shall not project off the facility site.
D.
A locked gate at the junction of the accessway and
a public thoroughfare shall be required to obstruct entry by unauthorized
vehicles and/or persons. Such gate must not protrude into the public
thoroughfare.
E.
All new telecommunication facilities are required
to have generators that are sufficient to maintain service during
power interruptions and outages.
A.
All personal wireless service facilities shall be
built, operated and maintained to acceptable industry standards. Each
application must contain a site plan for the proposed facility containing
the signature of an engineer licensed by the State of New York.
B.
Every facility shall be inspected at least every year
for structural integrity by a New York State licensed engineer. A
copy of the inspection report shall be submitted to the Town of Babylon
Planning Department every year.
At the time of submission of the application
for a personal wireless service 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 used as a personal wireless service
facility if such facility becomes technologically obsolete or ceases
to perform its originally intended function for more than six consecutive
months. Upon removal, the land shall be restored to its previous condition,
including but not limited to seeding of exposed soils.
This article shall take effect immediately when
it is filed in the office of the New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.
Accessory structures (under 100 square feet)
located on site are exempt from installing fire-suppression systems.
The applicant/owner of the site is responsible
for general maintenance and upkeep of the telecommunications facility.
General maintenance includes painting, landscaping, fencing and flag
maintenance/etiquette.
