As used in this article, the following
words shall have the meanings indicated:
ACCESSORY STRUCTURE
A nonhabitable accessory facility or structure serving or
being used in conjunction with a telecommunications tower and/or similar
facility and usually located on the same lot as the telecommunications
tower. Examples of such structures include utility or transmission
equipment storage sheds or cabinets.
ANTENNA
Any device or exterior-mounted apparatus mounted on a tower,
building, utility pole, light pole or other structure designed for
telephonic, radio, data, Internet or television communications to
transmit or receive communications signals or electromotive waves
for the purpose of providing cellular services, telecommunications
services, personal communications services, personal wireless services,
wireless cable, commercial paging, data or wireless services and its
attendant base station, utilizing microcells or frequencies authorized
by the Federal Communications Commission.
APPLICANT
Service provider seeking to establish a tower or facility
in the Town of Wheatfield.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
CO-LOCATED ANTENNAS
Communications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and do not
require construction of a new tower, a significant modification to
an existing telecommunications facility or the construction of a new
antenna at a height in excess of any existing antennas located on
any such tower, building or other structure.
CO-LOCATION
Multiple use of preexisting towers by one or more telecommunications
companies, primarily to minimize proliferation of any additional new
towers.
PROPAGATION STUDY
A study which demonstrates the existing signal coverage and
signal coverage resulting from the proposed telecommunications tower/pole.
PUBLIC UTILITY FACILITY
A facility other than a telecommunications tower or telecommunications
antenna for the provision of public utility services, including facilities
constructed, altered or maintained by utility corporations, either
public or privately owned, or government agencies, necessary for the
provision of electricity, gas, steam, heat, communications, water,
sewage collection or other such service to the general public. Such
facilities shall include poles, wire, mains, drains, sewers, pipes,
conduits, cables, alarms and call boxes, and other similar equipment,
but shall not include office or administrative buildings.
TELECOMMUNICATIONS FACILITY
Any or all of the physical elements of the central facility
that contains all the receivers, transmitters and other apparatus
needed for cellular/personal communications services operations [also
known as a "Base Transceiver Station (BTS)"].
TELECOMMUNICATIONS TOWER
A structure, tower, edifice, pole or other structure, including
dish antennas, whether attached to a building or freestanding and
whether guyed or self-supporting, designed to be used as/for the support
of devices used for the transmission and/or reception of radio frequency
signals, such as but not limited to broadcast, short-wave, citizens
band, FM or television signals, on which one or more antenna will
be located, that is intended for transmitting and/or receiving radio,
television, telephone, wireless or microwave communications for a
Federal Communications Commission (FCC) licensed carrier.
TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which do or which do not employ camouflage technology.
The Planning Board is hereby authorized to review
and approve, approve with modifications or disapprove special use
permits for telecommunications facilities pursuant to this article.
A. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications facility, including the use of camouflage of the tower structure and/or antenna to reduce visual impact. (See §
200-116.)
B. The Planning Board is authorized to secure independent professional assistance to address the specific community planning, legal, aesthetic and technical issues related to wireless telecommunications facility development, when deemed appropriate, at the applicant's expense, in accordance with §
200-108A(4).
C. Except as provided below, no telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered and no existing structure shall be modified to serve as a telecommunications facility, except after obtaining a special use permit in conformity with this article. (See §
200-108A.)
D. Telecommunications antennas placed on existing telecommunications
towers or on existing structures do not require a special use permit,
unless the existing tower or structure is located in a residential
district or unless is will be modified in such a way as to increase
its height or area designated to house a new accessory structure.
E. The Planning Board may waive any or all of the requirements
for approval for applicants proposing minor changes to existing facilities
and for applicants proposing the use of camouflage for a telecommunications
tower when the Board finds that such camouflage significantly reduces
visual impact to the surrounding area. However, the Board may not
waive the requirement that a public hearing be held on the application.
F. No building permit shall be issued until the applicant provides proof that space on the facility has been leased and will be operated by a provider licensed by the FCC to provide service in the area. (See §
200-110B.)
G. The Planning Board may require a monopole or guyed
tower (if sufficient land is available to the applicant) instead of
a freestanding tower. Monopoles are a preferred design.
Telecommunications facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that, if the facility should fall, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications facilities. (See §
200-110B.)
Telecommunications facilities shall comply with all existing setbacks within the affected zone. Setbacks shall apply to all tower parts including guy wire anchors and to any accessory facilities. Additional setbacks may be required by the Planning Board to contain on site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. (See §
200-110B.)
Towers shall not be artificially lighted except
to assure human safety as required by the FAA. Notwithstanding, an
applicant may be compelled to add FAA-style lighting and marking if,
in the judgment of the Planning Board, such a requirement would be
of direct benefit to public safety. The Board may choose the most
appropriate lighting and marking plan from the options acceptable
by the FAA at the location. The applicant must provide both standard
and alternate lighting and marking plans for the Board's review.
The use of any portion of a telecommunications
facility for signs for promotional or advertising purposes, including,
but not limited to, company name, phone numbers, banners, streamers
and balloons is prohibited. The Planning Board requires the installation
of signage providing the name of the maintenance company, key points
of contact, addresses and phone numbers if maintenance of the communications
tower and associated facilities is to be contracted out or done by
someone other than the applicant/service provider, for safety consideration.
At the time of submission of the application
for a telecommunications facility, the applicant shall submit an agreement
to remove all antennas, driveways, structures, building, equipment
sheds, lighting, utilities, fencing, gates and accessory equipment
or structures, as well as any tower used as a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform
its originally intended function for more than 12 consecutive months.
Upon removal, the land shall be restored to its previous condition,
including but not limited to the seeding of exposed soils. Posting
a bond is mandatory.
In order to ensure that the facilities are maintained
and that necessary painting, landscaping and accessory buildings or
roads are kept in good order, the enforcement procedure will be similar
to Town enforcement of building code or zoning violations.