This article shall be known and may be cited
as the "Regulation of Wireless Telecommunications Towers and Facilities."
The following words, terms, and phrases, when
used in this local law, shall have the meaning ascribed to them in
this section, except where the context clearly indicates a different
meaning:
ANTENNA
The actual device which transmits and/or receives radio or
electromagnetic waves.
ANTENNA SUPPORT STRUCTURE
Any building or structure other than a tower which can be
used for location of telecommunications facilities.
APPLICANT
Any person that applies for a tower development permit.
APPLICATION
The process by which the owner of a parcel of land within
the Village submits a request to develop, construct, build, modify
or erect a tower upon such parcel of land. "Application" includes
all written documentation, verbal statements, and representations,
in whatever form or forum, made by an applicant to the Village concerning
such a request.
ACCESSORY STRUCTURES
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services. The term "accessory structures" does not include
offices, long-term storage of vehicles or other equipment storage,
or broadcast studios.
ENGINEER
Any engineer licensed by the State of New York.
OWNER
Any person with fee title or long-term (exceeding 10 years)
leasehold to any parcel of land within the Village who desires to
develop, or construct, build, modify or erect a tower upon such parcel
of land.
PERSON
Any natural person, firm, partnership, association, corporation,
company, or other legal entity, private or public, whether for profit
or not for profit.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
STEALTH
Any tower or telecommunications facility which is designed
to enhance compatibility with adjacent land uses, including, but not
limited to, architecturally screened roof-mounted antennas, antennas
integrated into architectural elements, and towers designed to look
other than like a tower such as light poles, power poles, and trees.
The term "stealth" does not necessarily exclude the use of uncamouflaged
lattice or monopole tower designs.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or
reception of communications which a person seeks to locate or has
installed upon or near a tower or antenna support structure. However,
telecommunications facilities shall not include:
A.
Any satellite earth station antenna two meters
in diameter or less which is located in an area zoned industrial or
commercial; or
B.
Any satellite earth station antenna one meter
or less in diameter, regardless of zoning category.
TOWER
A self-supporting lattice or monopole structure constructed
from grade which supports telecommunications facilities. The term
"tower" shall not include amateur radio operators' equipment, as licensed
by the FCC.
The Board of Trustees shall conduct a public
hearing within 60 days from the day an application is received. The
Board of Trustees shall issue a decision within 40 days after the
hearing. A hearing shall not be deemed complete until all compliance
with the State Environmental Quality Review Act (SEQRA), General Municipal
Law § 239-m and all other applicable laws shall have been
fulfilled. Any denial for a permit under this law shall be in writing
and shall be supported by substantial evidence.
No person shall build, erect, or construct a
tower upon any parcel of land within any zoning district within the
Village unless a special use permit shall have been issued by the
Board of Trustees after approval by the Board of Trustees.
A. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet above the ground upon which the antenna is placed. Towers may be permitted in excess of 150 feet in accordance with §
99-28.21, "Criteria for site plan development modifications.
B. No new tower shall be built, constructed, or erected
in the Village unless the tower is capable of supporting another person's
operating telecommunications facilities comparable in weight, size
and surface area to the telecommunications facilities installed by
the applicant on the tower within six months of the completion of
the tower construction.
C. An application to develop a tower shall include:
(1) The name, address, and telephone number of the owner
and lessee of the parcel of land upon which the tower is to be situated.
If the applicant is not the owner of the parcel of land upon which
the tower is to be situated, the written consent of the owner shall
be evidenced in the application.
(2) The legal description and address of the parcel of
land upon which the tower is to be situated.
(3) The names, addresses, and telephone numbers of all
owners of other towers or usable antenna support structures within
a 1/2 mile radius of the proposed new tower site, including Village-owned
property.
(4) A description of the design plan proposed by the applicant
in the Village. Applicant must identify its utilization of the most
recent technology design, including microcell design, as part of the
design plan. The applicant must demonstrate the need for towers and
why design alternatives, such as the use of microcell, cannot be utilized
to accomplish the provision of the applicant's telecommunications
services.
(5) An affidavit attesting to the fact that the applicant
made diligent, but unsuccessful, efforts to obtain permission to install
or collocate the applicant's telecommunications facilities on Village-owned
towers or usable antenna support structures located within a one-half-mile
radius of the proposed tower site.
(6) An affidavit attesting to the fact that the applicant
made diligent, but unsuccessful, efforts to install or collocate the
applicant's telecommunications facilities on towers or usable antenna
support structures owned by other persons located within a 1/2 mile
radius of the proposed tower site.
(7) Written technical evidence from an engineer that the
proposed tower or telecommunications facilities cannot be installed
or collocated on another person's tower or usable antenna support
structures owned by other persons located within a 1/2 mile radius
of the proposed tower site.
(8) A written statement from an engineer that the construction
and placement of the tower will not interfere with public safety communications
and the usual and customary transmission or reception of radio, television,
or other communications services enjoyed by adjacent residential and
nonresidential properties.
(9) Written technical evidence from an engineer that the proposed structure meets the standards set forth in §
99-28.9, Structural requirements, of this local law.
(10)
Written technical evidence from a qualified
engineer acceptable to the Fire Marshall and the Building Inspector
that the proposed site of the tower or telecommunications facilities
does not pose a risk of explosion, fire, or other danger to life or
property due to its proximity to volatile, flammable, explosive, or
hazardous materials such as LP gas, propane, gasoline, natural gas,
or corrosive or other dangerous chemicals.
(11)
In order to assist Village staff and the Board
of Trustees in evaluating visual impact, the applicant shall submit
color photo simulations showing the proposed site of the tower with
a photo-realistic representation of the proposed tower as it would
appear viewed from the closest residential property and from adjacent
roadways.
(12)
The Act gives the FCC sole jurisdiction of the
field of regulation of RF emissions and does not allow the Village
to condition or deny on the basis of RF impacts the approval of any
telecommunications facilities (whether mounted on towers or antenna
support structures) which meet FCC standards. Antennas and towers
shall be subject to state and federal regulations pertaining to nonionizing
radiation and other health hazards related to such facilities. In
order to provide information to its citizens, the Village shall make
available, upon request, copies of ongoing FCC information and RF
emission standards for telecommunications facilities transmitting
from towers or antenna support structures. Applicants shall be required
to submit information on the proposed power density of their proposed
telecommunications facilities and demonstrate how this meets FCC standards
on a yearly basis to the Village. If new, more restrictive standards
are adopted, the antennas shall be made to comply or continued operations
may be restricted by the Board of Trustees. The cost of verification
of compliance shall be borne by the owner and operator of the tower.
D. The use of guyed towers is prohibited. Towers must
be self-supporting without the use of wires, cables, beams or other
means. The design should utilize an open framework or monopole configuration.
Permanent platforms or structures, exclusive of antennas, that serve
to increase off-site visibility are prohibited.
E. The base of the tower shall occupy not more than 500
square feet, and the top of the tower shall be no longer than the
base.
F. Minimum spacing between tower locations is 1/4 of
a mile.
G. The Board of Trustees may require an applicant to
supplement any information that the Board of Trustees considers inadequate
or that the applicant has failed to supply. The Board of Trustees
may deny an application on the basis that the applicant has not satisfactorily
supplied the information required in this section.
All towers erected, or located within the Village,
shall comply with the following requirements:
A. A proposal for a tower shall not be approved unless
the Board of Trustees finds that the antenna planned for the proposed
tower cannot be accommodated on an existing or approved tower or building
within a one-mile search radius (one-half-mile search radius for towers
under 120 feet in height, one-quarter-mile search radius for towers
under 80 feet in height) of the proposed tower due to one or more
of the following reasons:
(1) The antenna would exceed the structural capacity of
the existing or approved tower or building, as documented by a qualified
professional engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate the planned or equivalent
antenna at a reasonable cost.
(2) The antenna would cause interference materially impacting
the usability of other existing or planned antenna at the tower or
building as documented by a qualified professional engineer and the
interference cannot be prevented at a reasonable cost.
(3) Existing or approved towers and buildings within the
search radius cannot accommodate the antenna at a height necessary
to function reasonably as documented by a qualified professional engineer.
(4) Other foreseen reasons that make it infeasible to
locate the antenna upon an existing or approved tower or building.
B. Design; letter of intent.
(1) Any proposed tower shall be designed, structurally,
electrically, and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least two additional users
if the tower is over 100 feet in height or for at least one additional
user if the tower is over 60 feet in height. Towers must be designed
to allow for future rearrangement of antennas upon the tower and to
accept antennas mounted at varying heights.
(2) The applicant shall submit to the Board of Trustees
a letter of intent committing the applicant, and his/her successors
in interest, to negotiate in good faith for shared use of the proposed
tower by other personal wireless service providers in the future.
The issuance of a special use permit (assuming the tower is approved
according to this section) shall commit the new tower owner and his/her
successors in interest to:
(a)
Respond in a timely, comprehensive manner to
a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the new tower, by other personal wireless service
providers.
(c)
Allow shared use of new tower if another personal
wireless service provider agrees in writing to pay charges.
(d)
Make no more than a reasonable charge for shared
use, based on generally accepted accounting principles. The charge
may include, but is not limited to, a pro-rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
C. In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall
structure or existing tower in a neighboring municipality be considered
for shared use, the Board of Trustees shall require that:
(1) An applicant who proposes a new tower shall notify
in writing the legislative body of each municipality that borders
the Village and the County Planning Commission. Notification shall
include the exact location of the proposed tower, and a general description
of the project, including, but not limited to, the height of the tower
and its capacity for future shared use.
(2) Documentation of this modification shall be submitted
to the Board of Trustees at the time of application.
Towers and all accessory structures shall conform
with each of the following minimum setback requirements:
A. All towers up to 100 feet in height shall be on all
sides a distance equal to the underlying setback requirement in the
applicable zoning district. Towers in excess of 100 feet in height
shall be set back one additional foot per each foot of tower height
in excess of 100 feet.
B. Setback requirements for towers shall be measured
from the base of the tower to the property line of the parcel of land
on which it is located.
C. Setback requirements may be modified, as provided in §
99-28.21B(1), when placement of a tower in a location which will reduce the visual impact can be accomplished; for example, adjacent to trees which may visually hide the tower.
D. The minimum setbacks of the underlying zoning district
shall be met, with the exception of industrial zoning districts, where
towers and accessory structures may encroach into the rear setback
area, provided that the real property line abuts another industrially
zoned property and the tower does not encroach upon any easements.
E. Towers and accessory structures shall be set back
from the planned public rights of way as shown on the most recently
adopted plan or map of the Village showing such rights-of-way, by
a minimum distance equal to one half of the height of the tower including
all antennas and attachments.
F. A tower's setback may be reduced in the sole discretion
of the Board of Trustees to allow the integration of a tower into
an existing or proposed structure such as a church steeple, light
pole, power line, or similar structure.
All towers must be designed and certified by
an engineer to be structurally sound and, at minimum, in conformance
with the Village Code, and any other standards outlined in this local
law. All towers in operation shall be affixed to land.
For the purpose of this local law, the separation
distances between towers shall be measured by drawing or following
a straight line between the base of the existing or approved structure
and the proposed base, pursuant to a site plan, of the proposed tower.
Tower separation distances from residentially zoned lands shall be
measured from the base of a tower to the closest point of residentially
zoned property. The minimum tower separation distances from residentially
zoned land and from other towers shall be calculated and applied irrespective
of Village jurisdictional boundaries.
A. Towers shall be separated from all residentially zoned
lands by a minimum of 200 feet or 200 percent of the height of the
proposed tower, whichever is greater.
B. Proposed towers must meet the following minimum separation
requirements from existing towers or towers which have a special use
permit but are not yet constructed at the time a special use permit
is granted pursuant to this local law:
(1)
Monopole tower structures shall be separated
from all other towers, whether monopole or self-supporting lattice,
by a minimum of 750 feet.
(2)
Self-supporting lattice towers by a minimum
of 1,500 feet.
(3)
Self-supporting lattice tower structures shall
be separated from all monopole towers by a minimum of 750 feet.
Measurement of tower height for the purpose
of determining compliance with all requirements of this local law
shall include the tower structure itself, the base pad, and any other
telecommunications facilities attached thereto which extend more than
20 feet over the top of the tower structure itself. Tower height shall
be measured from grade.
Towers shall not be artificially lighted except
as required by the Federal Aviation Administration or other federal
or state authority for a particular tower. Upon commencement of construction
of a tower, in cases where there are residential uses located within
a distance which is 300% of the height of the tower from the tower
and when required by federal law, dual-mode lighting shall be requested
from the Federal Aviation Administration.
Antennas, towers and accessory structures shall
be designed to blend into the surrounding environment through the
use of color and camouflaging architectural treatment, except in instances
where the color is indicated by federal or state authorities such
as the Federal Aviation Administration. Every antenna, tower and accessory
structure shall be of neutral colors that are harmonious with, and
that blend with, the natural features, buildings and structures surrounding
such antenna and structure, provided however, that directional or
panel antennas and omnidirectional or whip antennas located on the
exterior of a building that will also serve as an antenna tower shall
be of colors that match, and cause the antenna to blend with, the
exterior of the building. Accessory structures will be designed to
be architecturally compatible with principal structures on the site.
All landscaping on a parcel of land containing
towers, antenna support structures, or telecommunications facilities
shall be in accordance with the applicable landscaping requirements
in the zoning district where the tower, antenna support structure,
or telecommunications facilities are located. The Village may require
landscaping in excess of the requirements in the Village Code in order
to enhance compatibility with adjacent land uses. Landscaping shall
be installed on the outside of any fencing. Existing on-site vegetation
shall be preserved to the maximum extent practicable. The base of
the tower and any accessory structures shall be landscaped. Towers
and accessory structures shall be provided with security fencing to
prevent unauthorized entry.
A parcel of land upon which a tower is located
must provide access to at least one paved vehicular parking space
on site. A road and parking will be provided to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made.
All towers shall be of stealth design.
Any telecommunications facilities which are
not attached to a tower may be permitted on any antenna support structure
at least 50 feet tall, regardless of the zoning restrictions applicable
to the zoning district where the structure is located. Telecommunications
facilities are prohibited on all other structures. The owner of such
structure shall, by written certification to the Board of Trustees,
establish the following at the time plans are submitted for a special
use permit.
A. That the height from grade of the telecommunications
facilities shall not exceed the height from grade of the antenna support
structure by more than 20 feet;
B. That any telecommunications facilities and their appurtenances,
located above the primary roof of an antenna support structure, are
set back one foot from the edge of the primary roof of the telecommunications
facilities. This setback requirement shall not apply to telecommunications
facilities and their appurtenances, located above the primary roof
of an antenna support structure, if such facilities are appropriately
screened from view through the use of panels, walls, fences, or other
screening techniques approved by the Village. Setback requirements
shall not apply to stealth antennas which are mounted to the exterior
of antenna support structures below the primary roof, but which do
not protrude more than 18 inches from the side of such an antenna
support structure.
If any clause, section, or other part of this
local law shall be held invalid or unconstitutional by any court of
competent jurisdiction, the remainder of this local law shall not
be affected thereby, but shall remain in full force and effect.
All local laws or parts of local laws in conflict
herewith are hereby repealed.
The use of any portion of a tower for signs
other than warning or equipment information signs is prohibited.
The operator of every tower, antenna and accessory
structure shall submit to the Village Clerk copies of all licenses
and permits required by other agencies and governments with jurisdiction
over the design, construction, location and operation of such tower,
antenna and accessory structure and shall maintain such licenses and
permits and provide evidence of renewal or extension thereof when
granted.
Every special use permit granting approval of
an antenna, tower or accessory structure shall state that any assignment
or transfer of the special use permit or of any rights thereunder
may be made only with the approval of the Village.
The special use permit shall be subject to review
by the Board of Trustees at five-year intervals to determine the following:
A. Whether the technology in the provision of personal
wireless services has changed such that the necessity for the special
use permit at the time of its approval has been eliminated or modified;
and
B. Whether the special use permit should be modified
or terminated as a result of any such change.
Upon initial application for a special use permit
for the maintenance of a tower, antenna or accessory structure pursuant
to this local law, and upon subsequent renewals of such special use
permit, the applicant shall pay a fee to the Village as shall be set
from time to time by resolution of the Board of Trustees.
This local law shall become effective immediately
upon filing with the Secretary of State.