The intent of this article is to promote the health, safety
and general welfare of the residents of Livonia. Specifically, this
article is intended to:
A.
Provide standards for the safe provision of telecommunications consistent
with applicable federal and state regulations.
B.
Minimize the 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.
C.
Minimize adverse visual effects from telecommunications facilities
by requiring careful siting, visual impact assessment and appropriate
screening.
As used in this article, the following terms shall have the
meanings indicated:
Any facility or structure serving or being used in conjunction
with a telecommunications tower and located on the same lot as the
telecommunications tower. Examples of such facilities include transmission
equipment and storage sheds, buildings or cabinets.
A system of electrical conductors that transmit or receive
electronic frequency signals. Such signals shall include but not be
limited to radio, television, cellular, paging and personal communication
services (PCS).
Telecommunications towers, antenna(s) and accessory facilities
used in connection with the provision of radio, television, cellular
telephone, PCS, paging and similar services.
A structure on which transmitting and/or receiving antenna(s)
are located. It includes, without limit, freestanding towers, guyed
towers, monopoles and other similar structures.
A.
No telecommunications facility shall be used, erected, moved, reconstructed,
changed or altered, except after approval of a conditional use permit,
site plan, and in conformity with this chapter. No existing structures
shall be modified to serve as a telecommunications facility unless
in conformity with this chapter.
B.
This article shall apply to all zoning districts.
C.
Exemptions to this article are limited to:
D.
Where this article conflict with other laws and regulations of Livonia,
the more restrictive shall apply, except for tower height restrictions,
which are governed by these conditional use standards.
A.
No conditional use permit or renewal thereof or modification of a
current conditional use permit relating to a telecommunications facility
shall be authorized by the Joint Zoning Board of Appeals or Joint
Planning Board unless it finds that such telecommunications facility:
(1)
Is necessary to meet the current or expected demand for service.
(2)
Conforms with all applicable regulations promulgated by the
Federal Communications Commission (FCC), Federal Aviation Administration
(FAA) and other federal agencies.
(3)
Is considered a public utility in the State of New York.
(4)
Is designed and constructed in a manner which minimizes visual
impact to the extent practical.
(5)
Is the most appropriate site among those available within the
technically feasible area for the location of a telecommunications
facility.
(6)
When including the construction of a tower, such tower is designed
to accommodate future shared use by at least one other telecommunications
service provider. Any subsequent location of telecommunications equipment
by other service providers on existing towers specifically designed
for shared use shall not require a new or modified conditional use
permit if there would be no increase in the height of the tower. However,
the additional equipment will require site plan approval.
B.
A site plan, in conformance with Article XIV of this chapter. The site plan shall show elevations, height, width, depth, types of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed telecommunications facility and such other information that the Joint Planning Board requires.
C.
A completed environmental assessment form (EAF), including a visual
EAF addendum, pursuant to State Environmental Quality Review (SEQR).
Particular attention shall be given to the visibility of the facility
from key viewpoints identified in the visual EAF, existing tree lines
and proposed elevations.
D.
A landscape plan delineating the existing trees or areas of existing
trees to be preserved; the location and dimensions of proposed planting
areas, including the size, type and number of trees and shrubs to
be planted; curbs, fences, screening elevations of fences and material
used.
E.
A safety analysis of the electromagnetic environment surrounding
the proposed telecommunications facility must accompany any conditional
use permit or site plan application, modification or renewal thereof.
The safety analysis shall be prepared by a qualified electromagnetic
engineering specialist or health professional qualified to produce
such analysis. The safety analysis must demonstrate that the general
public electromagnetic radiation exposure does not exceed the standards
set by federal regulations.
F.
The governing board may, at the expense of the applicant, employ
its own consulting assistance to review the findings and conclusions
of the safety analysis, visual analysis or structural inspection provided
by the applicant.
A.
The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities.
Any conditional use permit application, renewal or modification thereof
shall include proof that reasonable efforts have been made to co-locate
onto an existing telecommunications facility or upon an existing structure,
such as a silo, water tank or emissions stack. The application shall
include an adequate inventory report specifying existing telecommunications
towers and structures exceeding 75% of the height of the proposed
tower within the applicant's cell grid area. The inventory report
shall contain an evaluation of opportunities for shared use as an
alternative to the proposed location.
B.
The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facility
sites in the inventory due to one of the following reasons:
(1)
The planned structure would exceed the structural capacity of
existing and approved telecommunications facilities or other structures,
considering existing and planned uses for those facilities.
(2)
The planned equipment would cause radio frequency interference
with other existing or planned equipment which cannot be reasonably
prevented.
(3)
Existing or approved telecommunications facilities or structures
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably.
(4)
Other technical reasons make it impractical to place the equipment
proposed by the applicant on existing facilities or structures.
(5)
The property owner or owner of the existing telecommunications
facility or other structure refuses to allow such co-location.
A.
A lot leased or owned for the purpose of construction of a tower
as part of a telecommunications facility shall not result in the creation
of a nonconforming lot.
B.
All telecommunications facilities shall comply with the greater of
the setback standards of the underlying zoning district, the fall
zone of the tower or the height of the tower.
C.
The entire fall zone may not include public roads and must be located
entirely within property either owned or leased by the applicant or
for which the applicant has obtained an easement and may not contain
any structure other than those associated with the telecommunications
facility.
A.
Towers shall not be artificially lighted and marked beyond requirements
of the Federal Aviation Administration (FAA). However, an applicant
may be required to add FAA-style lighting and marking if, in the judgment
of the Joint Planning Board, such a requirement would be of direct
benefit to public safety.
B.
The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, including but not limited to
company name, phone numbers, banners, streamers or balloons, is prohibited.
C.
The facility shall have the least practical visual effect on the environment, as determined by the Joint Planning Board. Any tower that is not subject to FAA marking pursuant to Subsection A of this section shall:
(1)
Have a galvanized finish or shall be painted gray above the
surrounding tree line and gray or green below the tree line, as deemed
appropriate by the Joint Planning Board; or
(2)
Be disguised or camouflaged to blend in with the surroundings,
to the extent that such alteration does not impair the ability of
the facility to perform its designed function.
D.
Accessory facilities shall maximize the use of building materials,
colors and textures designed to blend in with the natural surroundings.
E.
In addition to a visual EAF addendum, the Joint Planning Board may
require visual and aesthetic information, as it deems appropriate,
on a case-by-case basis. Such additional information may include,
among other things, line-of-sight drawings and/or visual simulations.
F.
Proposed telecommunications facilities shall have appropriate vegetative
screening around the tower base area and any accessory facilities
to screen their view from neighboring residences, recreation areas
or public roads. Such screening shall include the maximum feasible
retention of existing vegetation. The Joint Planning Board may similarly
require screening adjacent to waterways, landmarks, refuges, community
facilities or conservation or historic areas within common view of
the public.
A.
Accessways shall make maximum use of existing public or private roads
to the extent practical. New accessways constructed solely for telecommunications
facilities must be at least 20 feet but no more than 30 feet wide
and closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
B.
The road surface (driveway) shall be centered within accessways and
shall not comprise more than 60% of the width of the accessway.
C.
Parking areas shall be sufficient to accommodate the greatest number
of service vehicles expected on the premises at any one time.
D.
Driveways or parking areas shall provide adequate interior turnaround,
such that service vehicles will not have to back out onto a public
thoroughfare.
E.
Equipment or vehicles not used in direct support, renovation, additions
or repair of any telecommunications facility shall not be stored or
parked on the facility site.
A.
Towers and accessory facilities shall be surrounded by a fence or
wall at least eight feet in height, of a reasonable design approved
by the Joint Planning Board but with limited visual impact. Barbed
wire is not to be used in residential areas or on public property,
unless specifically permitted by the Joint Zoning Board of Appeals
and/or by the Joint Planning Board as part of site plan review and
conditional use approval.
B.
Motion-activated or staff-activated security lighting around the
base of a tower or accessory facilities may be provided if such lighting
does not project off the site. Such lighting should only occur when
the area within the fenced perimeter has been entered.
C.
There shall be no permanent climbing pegs within 30 feet of the ground
of any tower.
D.
A locked gate at the junction of the accessway and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such gate
must not protrude into the public right-of-way.
A.
All telecommunications facilities shall be built, operated and maintained
to acceptable industry standards, including but not limited to the
most recent applicable standards of the Institute of Electrical and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI).
B.
All telecommunications facilities shall be inspected at least every
fifth year for structural integrity by a New York State licensed professional
engineer. A copy of the inspection report shall be submitted to the
Code Enforcement Officer.
A.
The applicant shall submit an agreement, in writing, to remove all
towers, antenna(s), accessory facilities, etc., if such facilities
become technically obsolete or cease to be used for their originally
intended purpose for more than 12 consecutive months. Upon removal
of said facilities, the land shall be restored to its previous condition,
including but not limited to the seeding of exposed soil.
B.
The applicant must submit an analysis, certified by a New York State
licensed professional engineer, of the cost of removal of the telecommunications
facility and surrounding property restorations.
C.
Prior to obtaining a building permit, the applicant must provide
a financial security bond for the removal of the telecommunications
facility, with Livonia as the designated assignee, in an amount approved
by the Joint Planning Board, but not less than $100,000.
