[HISTORY: Adopted by the Town Board of the Town of Hyde Park 3-19-2001
by L.L. No. 4-2001. Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety and general
welfare of the residents of the Town of Hyde Park, and
A.
To preserve the scenic, historic, natural and man-made
character and appearance of the Town, for the safe provision of the service,
installation, monitoring and removal of wireless telecommunications towers
and facilities consistent with applicable federal and state regulations.
B.
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 structures.
C.
To minimize adverse visual effects from telecommunications
towers by requiring careful siting, configuration, visual impact assessment
and appropriate landscaping.
D.
To provide a procedural basis for action within a reasonable
period of time for requests for authorization to place, construct, operate,
modify and camouflage telecommunications towers.
As used in this chapter, the following terms shall have the meanings
indicated:
- ANTENNA
- A device for the reception or transmission of electromagnetic waves
that is connected to a transmitter or receiver through a feed line either
directly or through a phasing network.[Added 10-2-2001 by L.L. No. 8-2001]
- APPROVING BOARD
- The Zoning Board of Appeals shall be the approving Board for the special use permit.
- CAMOUFLAGE
- To give a false appearance in order to conceal or to cause an object to blend with its background or to appear to be something different from what it actually is, which includes the definition of "disguise."
- COLLOCATION
- The addition of commercial telecommunications equipment to any existing tall structure or existing or approved telecommunications tower.
- TALL STRUCTURE
- A structure which complies with the requirements of this chapter and is of sufficient height to be used as a telecommunications tower. Such structures include, but are not limited to, water towers, multistory buildings, church steeples, farm silos, flag poles, forest ranger towers, bell towers, bridges and fire towers.
- TELECOMMUNICATIONS FACILITIES
- Any commercial structures, buildings, sheds, huts, equipment closures, emergency generator buildings and other such structures used in support of any auxiliary use to a telecommunications tower.
- TELECOMMUNICATIONS TOWER
- Any structure the primary purpose of which is to support antennas used in the provision of commercial telecommunications services.
A.
No telecommunications tower shall hereafter be erected, moved, reconstructed, expanded, changed, repaired or structurally altered unless in conformity with this chapter. The construction, maintenance, use, erection, movement, reconstruction, expansion, change or structural alteration of telecommunications towers shall be governed by this chapter, and any provisions of Chapter 108, Zoning, which are inconsistent with this chapter shall be superseded by the terms of this chapter.
B.
Location or collocation.
(1)
The location or collocation of communications equipment
on an approved telecommunications tower or tall structure is a permitted use
subject to the issuance of a building permit, provided that the Building Inspector
determines that the location or collocation does not:
(a)
Increase the originally approved height of the supporting
structure by more than 15%;
(b)
Cause the currently approved number of antennas to be
exceeded by more than 50%;
[Amended 10-2-2001 by L.L. No. 8-2001]
(c)
Increase the originally approved square footage of accessory
buildings by more than 200 square feet; or
(d)
Add new or additional microwave antenna dishes; and that
there will be no expansion of the footprint of said support structure and
no adverse impacts on the existing support structure or the surrounding area.
(2)
If the Building Inspector cannot make these findings, site plan approval will be required from the Planning Board in accordance with Article XXIV, Special Permits and Site Plans, of Chapter 108, Zoning,[1] and the Building Inspector shall refer the matter to the Planning Board where the application will be subject to the terms and conditions specified in § 101-7A below as part of the site plan review process.
D.
Applications for construction of telecommunications towers
shall comply with the Code of Federal Regulations pertaining to objects affecting
navigable airspace as delineated with Federal Aviation Regulation (FAR) Part
77. Additionally, no application for construction of a telecommunications
tower will be approved if the proposed tower violates the criteria for obstructions
to air navigation as established by FAR Part 77, Subpart C, Obstruction Standards.
E.
Pending applications. Applications to construct or collocate
on a telecommunications tower pending before any board of the Town at the
time of adoption of this chapter shall continue to be processed to minimize
delay and expense to the applicant as much as possible. Information already
on file with the reviewing board shall be used to the extent applicable to
satisfy submission requirements under this chapter. Any additional information
required by this chapter shall be specified, upon request by the applicant,
by the reviewing board within 45 days after request. All pending applications
shall be decided under the provisions of this chapter. If a public hearing
has already been held on the application, no further public hearing shall
be required. If a public hearing has not been held, then a public hearing
shall be held as required under the terms of this chapter.
A.
At all times, shared use of tall structures and existing or approved telecommunications towers in accordance with § 101-3B above shall be preferred to the construction of new telecommunications towers.
B.
Applications pursuant to § 101-3B shall be made to the Building Inspector and shall include the following:
(1)
A completed application for a building permit.
(2)
Documentation of consent from the owner of the existing
facility to allow shared use.
(3)
A site plan in accordance with Article XXIV, § 108-96, of Chapter 108, Zoning.[1] The site plan shall also show all existing and proposed structures
and improvements, including antennas, roads, buildings, guy wires and anchors,
parking and landscaping, and shall include grading plans for new facilities
and roads. Any methods used to conceal the modification of the existing facility
shall be indicated on the site plan.
(4)
An engineer's report certifying that the proposed shared
use will not diminish the structural integrity and safety of the tall structure
and explaining what modifications, if any, will be required in order to certify
to the above.
(5)
A completed environmental assessment form (EAF) and a
completed visual EAF addendum.
(6)
A copy of the applicable Federal Communications Commission
license.
C.
If the Building Inspector determines that the application is complete in accordance with Subsection B, and provided that the Building Inspector determines that the location or collocation does not increase the original approved height of the supporting structure by more than 15%; cause the currently approved number of antennas to be exceeded by more than 50%; increase the original approved square footage of accessory buildings by more than 200 square feet; or add new or additional microwave antenna dishes; and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area, then the building permit shall be issued; otherwise, site plan approval will be required from the Planning Board in accordance with Article XXIV of Chapter 108, Zoning.[2] Such application will be subject to the terms and conditions specified in § 101-7A below as part of the site plan review process. The Planning Board shall conduct a public hearing and process the application pursuant to this chapter, the New York State Environmental Quality Review Act and other applicable laws. If the Board concludes that the application complies with this chapter and all SEQR requirements and other applicable laws, the Board shall grant site plan approval without further review under this section.
[Amended 10-2-2001 by L.L. No. 8-2001]
A.
The Zoning Board of Appeals may consider a request to
locate a new telecommunications tower if the applicant can demonstrate that
shared use of existing tall structures and existing or approved telecommunications
towers or telecommunications tower sites are impractical due to:
(1)
Structural deficiencies; or
(2)
Documented evidence that a site is unavailable because
the owner is not willing to participate in a lease or ownership agreement;
or
(3)
Documented evidence that the site will not work from
a technological aspect or that the applicant's proposed location or collocation
on the site would have an adverse impact on the surrounding area.
B.
An applicant shall be required to present an adequate
report with an inventory of all existing tall structures and existing or approved
telecommunications towers within a two-mile radius of the proposed site.
(1)
The site inventory shall include a map showing the exact
location of each site inventoried, including latitude and longitude (degrees,
minutes, seconds), ground elevation above sea level, height of the structure
and/or tower and accessory buildings on the site of the inventoried location.
(2)
The report shall outline opportunities for shared use
of these facilities as an alternative to a proposed new telecommunications
tower.
(3)
The report shall demonstrate good-faith efforts to secure
shared use from the owner of each potential existing tall structure and existing
or approved telecommunications tower as well as documentation of the physical,
technical and/or financial reasons why shared usage is not practical in each
case. Technical reasons shall remain confidential and be accessible only as
allowed by the Freedom of Information Act as set forth in the Public Officers
Law.[1] Any request for such information shall be on notification to the
party originally supplying the information. Written requests and responses
for shared use shall be provided.
[1]
Editor's Note: See Public Officers Law § 85 et seq.
(4)
The report shall include the following information to
evaluate the needs for a new telecommunications tower site under the special
use permit process:
(a)
Radio frequency (RF) signal coverage plots depicting
the anticipated radio frequency coverage for the proposed site.
(b)
RF coverage plots depicting evidence that the proposed
area to be provided coverage by the proposed new tower is currently deficient
in radio frequency coverage.
(c)
The frequency spectrum (output frequency) to be used
at the proposed site (cellular, personal communications systems, broadcast
frequency, analog or digital, etc.). A copy of a current FCC license that
authorizes the applicant to provide service is required.
(d)
The type, manufacturer and model number of the proposed
tower.
(e)
The height of the proposed tower, including the height
of any antenna structure above the supporting structure of the tower.
(f)
The number of proposed antennas and the type, manufacturer,
model number, dB gain, size and orientation on the proposed tower.
(g)
Such other information as may be deemed necessary by
the Board so as to make a thorough evaluation of the applicant's proposal.
A.
Applications for new telecommunications towers shall
include an agreement committing the owner of the proposed new telecommunications
tower, and its successors in interest, to negotiate in good faith for shared
use of said tower by other providers of communications in the future. This
agreement shall be filed with the Building Inspector prior to issuance of
a building permit. Failure to abide by the conditions outlined in the agreement
shall be grounds for the revocation of the special use permit.
B.
The agreement shall commit the telecommunications tower
owner, lessee and its successors in interest to:
(1)
Respond within 45 days to a request for information from
a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests for
shared use of the telecommunications tower by other providers of communications.
(3)
Allow shared use of the telecommunications tower if another
provider of communications agrees, in writing, to pay reasonable and customary
charges in the prevailing market. The charges may include, for instance, a
pro rata share of the cost of site selection, planning, project administration,
land costs, site design, construction and maintenance financing, return on
equity, depreciation and all of the costs of adapting the tower or equipment
to accommodate shared use without causing electromagnetic interference.
A.
Site plan applications.
(1)
Applications to the Planning Board for site plan approval shall include a site plan in accordance with Article XXIV of Chapter 108, Zoning.[1] In addition, the site plan shall show all existing and proposed
structures and improvements, including roads, buildings, tower(s), guy wires
and anchors, antennas, parking and landscaping, and shall include grading
plans and drainage plans for new facilities and roads.
(2)
Supporting documentation submitted by the applicant shall
include:
(a)
A completed long-form EAF.
(b)
A complete visual environment assessment form (visual
EAF addendum).
(c)
Documentation on the proposed extent and capacity of
use.
(d)
A justification of the necessity for the requested height
of any tower.
(e)
A justification for any clearing required.
(f)
A copy of the applicant's Federal Communications Commission
(FCC) license.
(3)
The application should also include the estimated cost
of dismantling, removing, disposal and reclaiming the site.
B.
Special use permit applications. Applications to the
Zoning Board of Appeals for a special use permit shall including the following:
(1)
Where shared use of tall structures or existing or approved telecommunications towers is found to be impractical, applicants shall also investigate the possibility of constructing a new telecommunications tower on property occupied by an existing telecommunications tower in accordance with § 101-5 above. In such case, the Board may allow more than one tower on a site. Any proposal for a new telecommunications tower on an existing communications tower site shall also be subject to the requirements of §§ 101-7 through 101-20.
(2)
The Zoning Board of Appeals may consider a new telecommunications tower on a site not previously developed with a telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in § 101-5 above, and when the approving board determines that shared use of an existing telecommunications tower site for a new telecommunications tower is undesirable based upon the investigation in accordance with Subsection B(1) above. Any proposal for a new telecommunications tower shall also be subject to the requirements of §§ 101-7 through 101-20.
(3)
A list of federal and state property owners and addresses,
from whose property the tower will be visible.
C.
The approving board may require an applicant to submit
information and documentation indicating and identifying areas within the
Town where communications coverage by the applicant remains unsatisfactory.
Applicants may be required to provide sufficient information to the Board
so as to clearly identify and describe the applicant's communications coverage
master plan or siting and/or communication coverage plan.
D.
The approving board may require the applicant to submit
to the Board a qualified engineer's report regarding nonionizing electromagnetic
radiation for the proposed site. Such report will provide sufficient information
to detail the amount of radio frequency radiation expected from the proposed
site. Additionally, the engineer's report will comply with FCC reporting criteria,
as amended, for a cumulative report, reporting levels of anticipated exposure
from all users on the site. The report must indicate whether or not the proposed
telecommunications tower will comply with FCC emission standards.
E.
The approving board may require the applicant to submit
annual evidence, each December, to the Zoning Administrator, of the following:
(1)
All licenses and agreements are current and in effect.
(2)
All telecommunications towers have been inspected for
safety by a qualified building inspector.
[Amended 10-2-2001 by L.L. No. 8-2001]
(3)
A written statement affirming that the antenna(s) is
active and intended use is to continue throughout the upcoming year.
F.
The approving board requires the applicant to notify
the Building Inspector within 24 hours if imminent danger is discovered, the
applicant's intent to repair it immediately and an action plan with a schedule
for completion.
G.
The approving board will require the applicant to provide
a statement that he is in compliance with FCC maximum permissible exposure
limits; and in addition, if the applicant files an environmental assessment
to the FCC due to noncompliance, a copy shall be sent to the Zoning Administrator
(reference FCC Office of Engineering and Technology Bulletin Number 65).
H.
The approving board may require periodic safety inspections
of the telecommunications tower; the results of that safety inspection will
be reported to the Building Inspector within 30 days of its completion. The
safety inspection shall consist of, but may not be limited to, an inspection
of the condition of the tower, its supports, foundations, anchor bolts, coaxial
cable, cable supports, ice shields, cable trays, guy wires and antennas affixed
to the tower. Other aspects of the inspection shall include inspection for
fire, electrical, natural and other man-made hazards that could pose a potential
hazard to the telecommunications tower site or the surrounding area. Unsafe
conditions shall be corrected immediately by the applicant. An action plan
and schedule for completion shall be submitted to the Building Inspector as
part of the safety inspection report.
The approving board may require the applicant to undertake a visual
impact assessment, which may include:
A.
A "zone of visibility" map in order to determine locations
where the telecommunications tower may be seen.
B.
Pictorial representations of "before" and "after" views
from key viewpoints both inside and outside of the Town, including, but not
limited to, state highways and other major roads, state and local parks, other
public lands, preserves and historic sites normally open to the public, and
from any other location where the telecommunications tower is visible to a
large number of visitors, travelers or persons. The approving board shall
determine the appropriate key sites at a meeting with the applicant.
C.
Assessment of alternative telecommunications tower designs and color schemes, as described in § 101-10.
D.
Assessment of the visual impact of the telecommunications
tower base, guy wires, accessory buildings and overhead utility lines from
abutting properties and streets.
A.
The design of a proposed new telecommunications tower
shall comply with the following:
(1)
Towers must be placed to minimize visual impacts. The
use of camouflage communications towers shall be required by the Planning
Board to further blend the communications tower and/or its accessory structures
into the surroundings. The Planning Board may waive the camouflage requirements
on already existing telecommunications sites.
(a)
Camouflage towers may be, but are not limited to, the
following commonly found structures and settings:
[1]
A flagpole in the vicinity of a building of substance,
such as governmental, organization or business.
[2]
A silo attached to a barn in an agrarian setting.
[3]
A church steeple (either pointed or squared) with a church.
[4]
A forest ranger tower in a wooded area.
[5]
An "historic" stone observation tower looking over a
scenic vista.
[6]
A bell tower.
(b)
In order for the disguise to be effective, it must be
appropriate for its setting and should mimic the actual structure that it
is imitating, including size.
(2)
Unless specifically required by other regulations, a
telecommunications tower shall have a finish that minimizes its degree of
visual impact. Artificial lighting of any kind is prohibited unless required
by municipal, state and/or federal laws and/or regulations unless the lighting
is part of a camouflage scheme.
(3)
The Planning Board may request a review of the application at the applicant's expense by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer and/or consultant are in addition to the application fee, and shall be the responsibility of the applicant and shall be deposited with the Town in the manner provided in Article XXXI of Chapter 108, § 108-118.[1]
B.
Accessory structures. Accessory structures shall maximize
the use of building materials, colors and textures designed to blend with
the natural surroundings. Accessory structures shall be designed to be architecturally
similar and compatible with each other. The buildings shall be used only for
housing of equipment related to the particular site. Whenever possible, the
buildings shall be joined or clustered so as to appear as one building.
C.
No portion of any telecommunications tower or accessory
structure shall be used for a sign or other advertising purpose. However,
the name of the facility owner(s) and twenty-four-hour emergency telephone
number shall be posted on the structure. In addition, "No Trespassing" or
other warning signs may be posted on the accessory structure or the fence
surrounding the accessory structure. All signs shall conform to the sign requirements
of the Code of the Town of Hyde Park.[2]
Existing on-site vegetation shall be preserved to the maximum extent
possible. No cutting of trees shall take place on a site connected with an
application made under this chapter prior to the approval of the special use
permit.
A.
Deciduous or evergreen tree plantings may be required
to screen portions of the telecommunications tower and accessory structures
from nearby residential property as well as from public sites.
B.
The application shall demonstrate to the approving board
that adequate measures have been taken to screen and abate site noises such
as heating and ventilating units, air conditioners and emergency power generators.
Telecommunications towers shall comply with all applicable sections of the
Town Zoning Code as it pertains to noise control and abatement.[1]
No exterior lighting shall spill from the site. Telecommunications towers
shall not be lighted except where FAA/FCC-required lighting of the telecommunications
towers is necessary or unless the lighting is a part of the camouflage scheme,
such as a spotlight on a flagpole or church steeple.
A.
Adequate emergency and service access shall be provided
and maintained. Maximum use of existing roads, public or private, shall be
made. Road construction 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.
If feasible, network interconnections to and from the
telecommunications site and all power to the site shall be installed underground.
Parking shall be provided to assure adequate emergency and service access.
The Planning Board shall determine the amount of spaces required.
To ensure security of the facility, the telecommunications tower and
any accessory structures may be required to be enclosed by a fence, the design
of which shall be approved by the Planning Board.
Telecommunications towers and telecommunications facilities shall be
dismantled and removed by the applicant and/or the owner of the subject premises
when they are no longer used or needed.
A.
All applications for approval of new telecommunications
towers shall be accompanied by a plan covering reclamation of the site after
removal of the tower.
B.
No approvals shall be given under this chapter until
all owners of the subject premises give the Town of Hyde Park, in a form suitable
to the Town Attorney, a recordable instrument, running with the land, granting
the Town of Hyde Park the right to enter upon the premises to dismantle and
to remove the tower or facilities in the event of the owners' failure to comply,
within three months, with the lawful written directive to do so by the Zoning
Administrator. This instrument shall give the Town the right, after the owners
of the premises have been given fair notice and opportunity to be heard before
the Town Board, to charge the actual costs associated with disassembly or
demolition, and of removal, including any necessary and reasonable engineering
or attorney's fees incurred to carry out its rights hereunder, by adding that
charge to and making it a part of the next annual real property assessment
roll of the Town of Hyde Park, to be levied and collected in the same manner
and at the same time as Town-assessed real property taxes.
C.
The giving of such an agreement to the Town shall not
preclude the Town from pursuing the alternative enforcement actions of:
D.
The Town may secure removal of towers or facilities hereunder
by requiring the applicant and/or the owner(s) of the premises to provide
an undertaking and a continuing letter of credit or other financial security
covering the projected costs of dismantling and removal.
A.
In order to keep neighboring municipalities informed,
and to facilitate consideration of an existing tall structure or existing
telecommunications towers in a neighboring municipality for shared use, and
to assist in the continued development of the county emergency service communications
system, the Planning Board shall require that an applicant who proposes a
new telecommunications tower shall notify, in writing, the legislative body
of each municipality that borders the Town of Hyde Park and the Director of
the Office of Emergency Management of Dutchess County.
B.
Notification shall include the exact location of the
proposed tower and general description of the project, including, but not
limited to, height of the tower and capacity for future use. Proof of such
notification shall be provided at the public hearing.
Notice of any public hearing shall be mailed by the Town of Hyde Park
directly to all landowners whose property is located within 500 feet of the
property line of the parcel on which a new telecommunications tower is proposed;
notice shall also be mailed to the administrator of any state or federal parklands
from which the proposed tower would be visible. The cost of such notification
shall be borne by the applicant.
The applicant and the owner of the property where the communications
tower is to be located shall provide the Town Clerk with proof of liability
insurance in the amount not less than $3,000,000 to cover potential personal
injury and property damage claims associated with construction and subsequent
operation and maintenance.
A.
Each application for a building permit, special use permit,
or site plan review and approval, each report of safety inspection, and each
annual report to the Zoning Administrator shall be accompanied by a fee set
by resolution of the Town Board.
[Amended 1-1-2007 by L.L. No. 2-2007]
B.
Rental fee: as determined by the Town Board.
Any person or entity violating this chapter or any condition of approval
shall be guilty of a violation, pursuant to the Penal Law of the State of
New York punishable by a fine not to exceed $250. Each week (seven-day period)
during which said violation shall continue shall constitute a separate and
distinct violation within the meaning of this chapter. The applicant shall
first be notified by the Zoning Administrator of the violation(s) and granted
a period of 30 days to reestablish compliance. If these violations are not
resolved, fines may result beginning on the first day following the thirty-day
period.
