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Village of Victor, NY
Ontario County
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[HISTORY: Adopted by the Board of Trustees of the Village of Victor 6-18-2007 by L.L. No. 7-2007. Amendments noted where applicable.]
All telecommunications towers must be approved by the Village Board of Trustees prior to Planning Board review.
The purpose of this chapter is to promote the health, safety and general welfare of the residents of the Village, to provide standards for the safe provision of telecommunications consistent with applicable federal and state requirements and the character of the Village. These regulations are not intended to prohibit or have the effect of prohibiting the provisions of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
As used in this chapter, the following terms shall have the meanings indicated:
ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications. The frequencies of these waves generally range from 10 hertz to 300,000 megahertz.[1]
TELECOMMUNICATIONS TOWER
A structure on which transmitting and/or receiving antenna(s) are located.
[1]
Editor's Note: The former definition of "accessory facility," which immediately preceded this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where these regulations conflict with other laws and regulations of the Village, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.
A. 
An applicant shall be required to summit a site plan as described in Chapter 170, Article V, of the Village of Victor Code. The site plan shall show all existing and proposed structures and improvements including roads and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Additionally, the Planning Board shall require that the site plan include a completed visual environmental assessment form (Visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the Visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF.
A. 
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
B. 
An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes, including real property acquisition or lease required to accommodate shared use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Telecommunications towers.
A. 
The Planning Board may issue a special use permit to the construction of a new or replacement telecommunications tower in an industrial district, or other areas as specified and approved by the Village Board of Trustees, subject to the following conditions:
(1) 
Visual effects of towers will be minimized through careful design, siting and vegetative screening. At least one row of deciduous trees not less than 1/2 inch in diameter measured three feet above grade and spaced not more than 20 feet apart and within 25 feet of the site boundary shall be provided. Within 40 feet of the boundary, at least one row of evergreen trees or shrubs at least four feet high when planted and spaced not more than 15 feet apart shall be provided. Trees shall be maintained and replaced if needed.
(2) 
Radio and television towers and antennas shall not exceed 200 feet in height.
(3) 
All essential emergency and fire services will be given access to obtain necessary space or service on the tower at no cost (other than installation and maintenance).
(4) 
The applicant shall abide by all conditions imposed by the Village of Victor Planning Board.
(5) 
The point of illumination of any lighting shall not be visible off the premises. Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).
(6) 
No additions or modifications to the tower of any nature shall be permitted without application to and approval of the Village Board of Trustees and Planning Board. In order to gain such approval, the applicant shall be required to show the following:
(a) 
That the proposed addition or modification is necessary and appropriate for the full implementation and usage of the tower.
(b) 
That the tower can structurally accommodate the additions or modifications.
(c) 
That any additions or modifications will not interfere with existing or proposed telecommunication, radio or microwave signals.
(d) 
That the visual effects of any additional equipment will not unduly or unreasonably interfere with or restrict the visual aesthetics of the surrounding neighborhood.
(e) 
That the health, safety or general welfare of the public will not be otherwise impaired.
(7) 
The applicant must demonstrate the existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower.
(8) 
A telecommunications tower shall not contain any signage except that identifying a health, safety or general welfare message intended solely for the protection of the general public.
(9) 
All commercial telecommunications towers shall be enclosed by a fence not less than six feet in height above ground level.
(10) 
Site plan approval is granted by the Planning Board; and provided, further, that said site plan application includes, but is not limited to, the following additional information:
(a) 
The location of all structures and trees on the site and on any adjacent property within 10 feet of the subject property line.
(b) 
All information prepared by the manufacturer of the antenna or tower or the applicant for which a special use permit is being sought, including but not limited to the following:
[1] 
The make and model of the tower to be erected.
[2] 
The manufacturer's design data for installation instructions and construction plans contingent upon siting by Planning Board approval.
[3] 
The applicant's proposed tower maintenance and inspection procedures and records system.
[4] 
Identification of any anticlimb device to be installed.
[5] 
Identification of the levels of radiation to be emitted by or from the telecommunications tower.
[6] 
Identification of the effect such telecommunications tower's operation will have on other existing telecommunications towers or antenna within 1,000 feet of the proposed structure.
(c) 
All tower applications will be reviewed by the Village Engineer.
(11) 
Exceptions. The following telecommunications towers are excepted from the provisions of this section:
(a) 
Facilities under the control or ownership of a public or governmental agency.
(b) 
Satellite dish receiving antennas for residential use.
(c) 
Conventional receptor television and radio antennas with a height of less than 15 feet above existing grade or, if attached to a structure, 35 feet above existing grade.
(d) 
Radio antennas for personal use regulated by the Federal Communications Commission for licensed amateur radio operation.
(12) 
Time limit. The Village Board of Trustees when considering a special use permit for the erection and maintenance of a telecommunications tower may place a time period on the special use permit that is being requested. Such time limit shall clearly stipulate the conditions imposed with granting the special use permit and the basis for the Planning Board or Code Enforcement Officer to renew said permit for another specified time period.
(13) 
Removal.
(a) 
In the event that a telecommunications tower is no longer used for the purpose specified in the application or the telecommunications facility ceases operations for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 30 days of receipt of written notice from the Village Board based upon the Village Board's declaration to the effect specified herein.
(b) 
In such event, the issuance of a special use permit shall be conditioned upon the submission to the Code Enforcement Officer of a written estimate from a company engaged in the installation and removal of telecommunications towers of the cost of dismantling and removing the telecommunications tower and any attached structures or facilities, together with a letter of credit or other security in a form acceptable to the Village Attorney in an amount not less than 125% of said estimated cost, which letter of credit or other security shall provide that said funds shall be made available to the Village for the removal of such tower and any attached structures or facilities upon the failure of the holder of the special use permit to comply with the provisions of this section. The letter of credit shall be approved by Village Board resolution conditioned upon the recommendation of the Code Enforcement Officer and Village Engineer.
(14) 
An artist's rendering or construction detail of the tower showing all appendages shall be submitted.
B. 
A special use permit previously granted for the construction and maintenance of a telecommunications tower may be modified or amended, provided that application to and approval of the Village of Victor Planning Board is obtained. An applicant must, in such case, demonstrate to the satisfaction of the Board the criteria and standards set forth in Subsection A(6) of this section.
C. 
Renewal. A special use permit previously granted for the construction and maintenance of a telecommunications tower shall be subject to renewal at the expiration of five years from the date of issuance and each five years thereafter and shall be renewed by the Village Board of Trustees, Village Planning Board and the Code Enforcement Officer for each such five-year period upon submission of a written renewal application to the Code Enforcement Officer at least 90 days prior to the expiration of the current special use permit, and upon compliance with the following conditions:
(1) 
The Code Enforcement Officer shall determine that the holder of the special use permit is in compliance with all conditions imposed as part of the grant or previous modifications or renewal of the special use permit.
(2) 
The applicant shall provide to the Code Enforcement Officer proof any permits, licenses or other authorizations from the county, state or federal governmental agencies required for the continued operation of the telecommunications tower are in full force and effect.
(3) 
The holder of the special use permit shall furnish a report from a licensed professional engineer certifying that the telecommunications tower has been inspected and that it complies with current industry standards for the minimum criteria for specifying and designing steel antenna towers and antenna supporting structures [e.g., Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-222-F) or equivalent]. Said report shall be certified to the Village Engineer and the Code Enforcement Officer.
(4) 
In the event that the holder of a special use permit furnishes a report from a licensed professional engineer certifying to the Village Engineer and the Code Enforcement Officer that structural modifications (other than modifications changing the height or location of the telecommunications tower) are required in order to bring the telecommunications tower into compliance with current industry standards for the minimum criteria for specifying and designing steel antenna towers and antenna supporting structures, plans and specifications for such modifications prepared by a licensed professional engineer shall be submitted to the Code Enforcement Officer and, provided that such plans and specifications comply with provisions of the New York State Building Code, a building permit for such modification shall be issued following Planning Board site plan approval. Thereafter, the special use permit shall be renewed in accordance with the provision hereof only after the holder of the special use permit furnishes evidence from a licensed professional engineer certifying to the Village Engineer and the Code Enforcement Officer that the structural modifications have been completed and that the telecommunications tower complies with current industry standards for the minimum criteria for specifying and designing steel antenna towers and antenna supporting structures [e.g., Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA - 222-F) or equivalent].
(5) 
The holder of the special use permit shall have delivered to the Code Enforcement Officer a written estimate, from a company engaged in the installation and removal of telecommunications towers, of the cost of dismantling and removing the telecommunications tower and any attached structures or facilities, together with a letter of credit or other security in a form acceptable to the Village Attorney in an amount not less than 125% of said estimated cost, which letter of credit or other security shall provide that said funds shall be made available to the Village for the removal of such tower and any attached structures or facilities upon the failure of the holder of the special use permit to comply with the provisions of § 211-47A(17).[1]
[1]
Editor's Note: See the Zoning chapter of the Code of the Town of Victor.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $250, imprisonment for a term not to exceed 15 days, or both, for each day of violation.