The purpose of this chapter is to establish
predictable and balanced regulations for the siting and screening
of personal wireless services antennas, towers and accessory structures
in order to accommodate the growth of such systems within the Village
of Manlius (Village) while protecting the public against any adverse
impacts on aesthetic resources, avoiding potential damage to adjacent
properties from tower failure through structural standards and setback
requirements and reducing the number of towers needed to serve the
community by maximizing the use of existing towers and buildings.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services (PWS). The term "accessory structure" does not include
offices, long-term storage of vehicles or other equipment storage
or broadcast studios.
ANTENNA
A device used to transmit and/or receive electromagnetic
waves, digital signals, analog signals, radio frequencies (excluding
radar signals), wireless telecommunications signals and other communications
signals.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the property to the highest point
on the tower or other structure, including the base pad and any antenna.
PERSONAL WIRELESS SERVICES (PWS)
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services as defined by
§ 704 of the Federal Telecommunications Act.
TOWER
Any ground- or roof-mounted pole, spire, structure or combination
thereof, taller than 15 feet, including supporting lines, cables,
wires, braces and masts, built for the purpose of mounting an antenna,
meteorological device or similar apparatus above grade.
All towers erected, constructed or located within
the Village shall comply with the following requirements:
A. A proposal for a tower shall not be approved unless
the Village Board 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 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 antennas 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. Any proposed tower shall be designed, structurally,
electrically and in all other 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.
(1) The applicant shall submit to the Village Board a
letter of intent committing the applicant, and its successors in interest,
to negotiate in good faith for shared use of the proposed tower by
other PWS providers in the future.
(2) The issuance of a permit (assuming the tower is approved
according to this chapter) shall commit the new tower owner and its
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 PWS providers.
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 Village Board shall require that:
(1) An applicant who proposes a new tower shall notify,
in writing, the Onondaga County Planning Board and the legislative
body of each municipality that borders the Village. 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 notification shall be submitted
to the Village Board at the time of application.
The operator of every PWS antenna 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 antenna 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 or tower shall state that any assignment or transfer of
the permit or any rights thereunder may be made only with the approval
of the Village Board.
The special use permit shall be subject to review
by the Village Board, at least at five-year intervals, to determine
whether the technology in the provision of PWS has changed such that
the necessity for the permit at the time of its approval has been
eliminated or modified, and whether the permit should be modified
or terminated as a result of any such change.
Abandoned or unused towers or portions of towers
and/or antennas shall be removed as follows:
A. All abandoned or unused towers and antennas and associated
facilities shall be removed and the site restored as nearly as practical
to its prior condition within three months of the cessation of operations
at the site unless a time extension is approved by the Village Board.
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 application. In the event that a tower or antenna is not removed
within three months of the cessation of operations at a site, the
tower, antennas and associated facilities may be removed by the Village
and the costs of removal and restoration assessed against the property.
B. Unused portions of towers above a manufactured connection
shall be removed within three months of the time of antenna relocation.
The replacement of portions of a tower previously removed shall require
the issuance of a new special use permit.
Antennas and towers in existence which do not
conform to or comply with this chapter are subject to the following
provisions:
A. Subject to applicable state or federal laws, rules
and regulations, antennas and towers may continue in use for the purpose
now used and as now existing but may not be replaced or altered without
complying in all respects with this chapter.
B. If such antennas or towers are hereafter damaged or
destroyed due to any reason or cause whatsoever, the antenna or tower
may be repaired and restored to its former use, location and physical
dimensions without complying with this chapter; provided, however,
that if the cost of repairing the tower to the former use, physical
dimensions and location would be 10% or more of the cost of a new
tower of like kind and quality, then the tower may not be repaired
or restored except in full compliance with this chapter.
The following are exempt from the provisions
of this chapter:
A. Personal wireless services (PWS) facilities located
on Village of Manlius property.
B. Private, noncommercial television and radio towers
and/or antennas, provided that such facilities are under 70 feet in
height and are owned and operated by a federally licensed amateur
radio station operator or are used exclusively for receive-only antennas.
C. Government-owned public safety telecommunications
facilities.
In addition to any information required for applications for special use permits pursuant to this chapter and Chapter
99, Zoning, of the Village Code, applicants for a special use permit hereunder shall submit the following information:
A. A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including ones adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower, proposed lighting,
names and addresses of adjacent property owners within 550 feet of
the property lot lines, the separation distance from other towers
described in the inventory of existing sites submitted by the applicant,
the type of construction of such existing tower(s) and the owner/operator
of such tower(s), if known, and any other structures, topography,
parking or other information deemed by the Village Board to be necessary
to assess compliance with this chapter.
B. Legal description of the subject property, including
the leased parcel (if applicable), and a property survey prepared
by a licensed land surveyor.
C. A landscape plan showing specific landscape materials.
D. Method of fencing and finished color and, if applicable,
the method of camouflage and illumination.
E. A notarized statement by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
F. Identification of the entities providing the backhaul
network for the tower(s) described in the application and other PWS
sites owned or operated by the applicant in the Village.
G. A description of the suitability of the use of existing
towers, other structures or alternative technology not requiring the
use of towers or structures to provide the services to be furnished
through the use of the proposed new tower.
H. A description of the feasible location(s) of future
towers or antennas within the Village based upon existing physical,
engineering, technological or geographical limitations in the event
that the proposed tower is erected.
I. The applicant's maintenance and inspection schedule.
J. A safety analysis and certification by a licensed
professional engineer that the proposed facility will be in compliance
with all applicable FAA and FCC laws and regulations.
K. Proof of the property owner's consent, if the applicant
is not the owner of the property on which the applicant seeks to locate
the proposed tower or antenna.
L. Environmental assessment form, including a visual
environmental assessment form.
M. Identification of the effects, if any, such PWS facility
will have on other existing communications facilities in the area.
N. Other details as may be requested by the Village Board
to show compliance with these regulations.
In addition to any other standards for consideration of a special use permit application pursuant to this chapter and Chapter
99, Zoning, of the Village Code, the Village Board shall consider the following factors in determining whether to issue a special use permit hereunder:
A. Height of the proposed tower.
B. Proximity of tower to residential structures and residential
district boundaries.
C. The nature of uses on adjacent nearby properties.
E. Surrounding tree coverage and foliage.
F. Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
G. Proposed ingress and egress.
H. Availability of suitable existing towers, other structures
or alternative technologies not requiring the use of towers or structures.
I. The applicant's compliance with the above co-location
and performance requirements.
J. The recommendation of the Village Planning Board.