[Added 5-26-1998 by L.L. No. 3-1998]
A.Â
The purpose of this article is to establish guidelines
and procedures for the siting of wireless communications towers, antennas
and related structures.
B.Â
The goals of this article are to:
(1)Â
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse aesthetic impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques;
(2)Â
Encourage the joint use of new and existing tower
sites as a primary option rather than construction of additional single-use
towers;
(3)Â
Avoid potential damage to person and property from
tower failure through engineering and careful siting of tower and
other structures; and
(4)Â
Minimize the total number of towers throughout the
community.
The Planning Board shall review and approve,
approve with modifications or disapprove applications for special
permits for antennas and/or towers requiring same under this chapter.
Special permit applications shall be submitted to and reviewed by
the Planning Board pursuant to the special permit procedures set forth
elsewhere in this chapter as supplemented by the additional criteria
and requirements of this article. The Planning Board may impose conditions
and/or restrictions to such permits to accommodate the requirements
of this chapter.
A.Â
The Village Board of Trustees may establish and periodically
amend by resolution a schedule describing certain types of towers
or antennas that shall be exempted from any or all special permit
requirements set forth in this article.
(1)Â
Any schedule of exempt antennas and/or towers established
pursuant to this section shall not apply to any antenna or towers
referred to in this section until 45 business days, excluding legal
holidays, after:
(2)Â
Within 10 business days, excluding legal holidays,
after adoption of such schedule of exempts antenna and/or towers by
the Village Board, such schedule shall:
B.Â
The following are exempt antennas and towers:
(1)Â
Tower. Any tower extending no more than 10 feet above
the highest building on the premises designed and used for no more
than one of the types of exempt antennas referred to in this subsection.
(2)Â
Antennas. Any antennas extending no more than 10 feet
above the highest building on the premises designed and used only
for noncommercial purposes and only for the reception of the following
types of signals that are not retransmitted off of the premises upon
which the antenna is located:
A.Â
Expert assistance. The Planning Board may require
the assistance of a qualified professional engineer, electrical engineer
and/or other expert to assess the issues and standards relevant to
permits sought pursuant to this article. The cost for same shall be
borne by the applicant pursuant to the procedures set forth in this
chapter.
In addition to the criteria and standards set
forth in that section of this chapter pertaining to special permits
generally, the Planning Board shall consider the following in determining
whether or not a special permit shall issue:
A.Â
General.
(1)Â
Height of the proposed tower;
(2)Â
Proximity of the tower to residential structures and
residential district boundaries;
(3)Â
Nature of uses on adjacent and nearby properties;
(4)Â
Surrounding topography;
(5)Â
Surrounding tree coverage and foliage;
(6)Â
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness; and
(7)Â
Proposed ingress and egress.
B.Â
Availability of suitable existing or approved towers
or alternate tower structures.
C.Â
Compliance with all other requirements of this chapter.
Each applicant shall provide to the Codes Enforcement
Officer an inventory of its existing or approved towers, antennas,
or alternate tower structures that are either within the Village or
within one mile of its borders, including specific information about
the location, height and design of each tower.
A.Â
No new tower or structure shall be permitted unless
the applicant demonstrates that no existing or approved tower, alternate
tower structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's a proposed
antenna. Evidence of this may consist of, but is not limited to, any
of the following:
(1)Â
Existing or approved towers or alternate tower structure
are not of sufficient height to meet applicant's engineering requirements.
(2)Â
Existing or approved towers or alternate tower structure
do not have sufficient structural strength to support the proposed
antenna and related equipment.
(3)Â
The proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or alternate tower structures,
or vice versa.
(4)Â
Fees, costs, or contractual provisions required to
share an existing tower or alternate tower structure or to adapt an
existing tower or alternate tower structure are unreasonable.
(5)Â
The applicant demonstrates that there are other limiting
factors that render existing towers or alternate tower structures
unsuitable.
(6)Â
The applicant demonstrates that an alternative technology
that does not require the use of towers or alternate tower structures
is not reasonably attainable. Costs of alternative technology that
exceed new tower or antenna development shall not be presumed to render
the technology unsuitable.
B.Â
The applicant shall submit information requested by
the Planning Board related to the availability of suitable existing
or approved towers, alternate tower structures or alternative technology.
C.Â
Any communications antenna permit issued pursuant
to this chapter shall contain the following conditions which shall
be binding upon the applicant and its successors in interest:
(1)Â
The applicant shall negotiate in good faith for and
allow shared use of the proposed tower by others for reasonable consideration
and upon reasonable conditions.
(2)Â
Upon request, the applicant shall timely provide technical
information and leasing terms relevant to leasing space for mounting
of an approved antenna to the Village or a potential shared-use tenant.
(3)Â
The applicant shall impose no more than a reasonable
charge for shared use, based upon 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
(including taxes), site design, construction and maintenance financing,
return on equity, depreciation, and all of the costs of adapting the
tower or equipment to reasonably accommodate a shared user over a
reasonable lease term.
(4)Â
The applicant shall remove the tower, antennas and
associated facilities upon cessation of operations at the site and
will provide a similar commitment as part of any lease agreement to
the owner of the premises upon which the tower, antennas and associated
facilities are located.
D.Â
In order to keep neighboring municipalities informed
and to facilitate the identification of suitable existing structures
in a neighboring municipality:
(1)Â
The applicant shall give notice to the Town of Manlius
Code Enforcement Officer and the Syracuse Onondaga County Planning
Agency. Such notice shall include a copy of the application and any
accompanying drawings, the location of the proposed tower, a general
description of the project, the height of the tower and its capacity
for future shared use.
(2)Â
Proof of such notice shall be submitted to the Planning
Board with the application.
The height of any tower, antenna or alternate
tower structure shall not exceed the minimum required to achieve the
objective, but in no event more than 110 feet above the ground on
which the antenna is placed.
A.Â
Lot size. For purposes of determining whether the
installation of a tower, antenna or alternate tower structure meets
applicable requirements, the dimensions of the entire premises shall
control even though the improvements may be located on leased parcels
within such premises.
B.Â
Setback requirements:
(1)Â
Towers must be set back from all property lines a
distance equal to at least 100% of the height of the tower.
(2)Â
Accessory structures must satisfy the applicable minimum
zoning district setback requirements.
(3)Â
The Planning Board may reduce the setback requirements
imposed by this section for structures other than towers to allow
the integration of an antenna into an existing or proposed structure
such as a church steeple, light pole, power line or similar structure.
A.Â
Towers and antennas shall either maintain a galvanized
steel finish or, subject to any applicable standards of the FAA, be
painted a neutral color so as to reduce visual obtrusiveness.
B.Â
At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend them into the natural setting
and surrounding buildings.
C.Â
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
D.Â
Security fencing. Towers and accessory structures
shall be enclosed by locked security fencing not less than six feet
in height and the tower shall also be equipped with appropriate anticlimbing
devices.
E.Â
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a special permit is required.
(1)Â
Towers and accessory structures shall be landscaped
with a buffer of plant materials that effectively screens the view
of the tower and accessory structures from residential properties.
The standard buffer shall consist of a landscaped strip at least eight
feet wide outside the perimeter of the towers and accessory structures.
(2)Â
Existing tree growth and natural land forms on the
site shall be preserved to the maximum extent possible.
A.Â
All accessory structures:
(1)Â
Shall be located in a rear or side yard;
(2)Â
Shall be no greater than eight feet in height or 120
square feet of gross floor area;
(3)Â
Shall be located a minimum of 15 feet from all lot
lines or in accord with applicable setback requirements, whichever
is greater;
(4)Â
Shall be screened by an evergreen hedge or other suitable
visual screen with an ultimate height of at least eight feet.
B.Â
Modification of building size requirements. The requirements
for accessory structures set forth in this section may be modified
by the Planning Board to encourage collocation.
C.Â
Lighting. Towers and structure shall be artificially
lighted only to the extent required by the Federal Aviation Administration
or other applicable law or regulation. To the extent permissible such
lighting shall be designed to cause the least disturbance to the surrounding
views.
D.Â
Signs. No signs shall be allowed on an antenna or
tower, except as required by law.
A.Â
No permanent platforms or other additions, other than
antenna, that increase off-site visibility are permitted.
B.Â
The base of the tower shall occupy no more than 500
square feet and the top of the tower shall be no larger than the base.
C.Â
All utility connections to the tower shall be installed
beneath the ground surface.
D.Â
Any proposed structure shall be designed to accommodate
the applicant's proposed antennas and comparable antennas for the
maximum number of users feasible but in no case for less than one
other user.
E.Â
Where feasible, structures should be designed to allow
for future rearrangement of antennas upon the structure and to accept
antennas mounted at varying heights.
A.Â
Compliance with other laws. All towers and antenna
must meet or exceed current standards and regulations of the FAA,
the FCC, and any other agency of New York State or the federal government
with the authority to regulate towers and antennas.
(1)Â
The applicant shall submit evidence of compliance
with applicable state, federal or other standards for tower or antenna
construction prior to issuance of a certificate of occupancy. Certification
to same by a licensed professional engineer shall be deemed sufficient.
(2)Â
The operator of every antenna or tower shall submit
to the Code Enforcement Officer copies of all licenses and permits
required by other agencies and governments with jurisdiction over
the design, construction, location and operation of such antenna or
tower and shall maintain such licenses and permits and provide evidence
of renewal or extension thereof when granted.
B.Â
Construction code and safety standards. All towers
and antennas shall be constructed and maintained in compliance with
applicable state and federal law and regulations as well as applicable
sections of the National Electrical Code as amended from time to time.
(1)Â
If a tower fails to comply with such standards and
constitutes a danger to persons or property then, upon notice being
provided by the Codes Enforcement Officer to the owner of the premises
upon which the tower in situated, the owner of the premises shall
bring such tower into compliance with such standards within 60 days
from delivery of such notice to the owner.
(2)Â
In the event the owner fails to bring such tower into
compliance within said 60 days the Village may cause the removal of
the tower or antenna at the expense of the owner of the premises.
C.Â
The reasonable costs of verification of compliance
with this section incurred by the Village or its agencies shall be
borne by the owner of the premises upon which the tower is located.
A.Â
Any antenna or tower that is not operated for a continuous
period of 12 months shall be considered abandoned, and the owner of
such antenna or tower shall remove the same within 90 days of receipt
of notice from the Village notifying the owner of such abandonment.
B.Â
A copy of the relevant portions of a signed lease
which requires the applicant to remove the tower, antennas and associated
facilities upon cessation of operations at the site shall be submitted
at the time of the application.
C.Â
In the event the owner fails to remove an abandoned
antenna or tower within said 90 days the Village may cause the removal
of the tower or antenna at the expense of the owner of the premises.
D.Â
Bond. Prior to issuance of the special permit, the
applicant shall cause to be issued to the Village a bond in an amount
determined by the Planning Board to cover the estimated costs of removal
of the proposed tower and/or antenna. Such bond shall be maintained
continuously in effect as a condition of the special permit.
(1)Â
The bond shall provide that the surety shall pay to
the Village such amount, up to the face value of the bond, as the
Village incurs in removing any tower or antenna pursuant to the terms
of the article.
(2)Â
Alternative arrangements employing cash deposits or
letters of credit issued by a commercial bank may be employed if found
to constitute equivalent security by the Planning Board.
(3)Â
The amount of the bond may be reviewed and modified
by the Planning Board, after three years from its last amendment,
to reflect changes in the estimated costs of removal of the proposed
tower and/or antenna.