The Delhi Village Board does hereby ordain and
enact the Village of Delhi Communications Tower and Facilities Law
pursuant to the authority and provisions of § 10 of the
New York State Municipal Home Rule Law.
This chapter shall be known as the "Communications
Tower and Facilities Law."
The purpose of these supplementary requirements
and standards is to regulate the development of communications towers
and facilities in the Village of Delhi. This law is to be consistent
with the general purposes stated in the Village Zoning Law, to accommodate the necessary infrastructure for the provision
of communications services within the Village, to address the visual,
aesthetic and land use compatibility aspects of communications facilities,
towers, and antennas and more specifically to:
A. Minimize the total number of towers throughout the
Village;
B. Encourage the collocation or shared use of proposed
and existing tower sites;
C. Encourage the location of towers and antennas in areas
where the adverse impacts on the community are minimized;
D. Encourage the configuration of towers and antennas
in a way that minimizes the adverse visual impact of the towers and
antennas; and
E. Enhance the provision of telecommunications services
within the Village.
For the purpose of this chapter, certain words
and terms shall have the following meaning:
COLLOCATION
The mounting of antenna(s) or other telecommunications equipment
used by two or more providers, persons, firms or corporations on the
same antenna support structure, monopole or antenna tower.
COMMUNICATIONS TOWER AND FACILITIES
A site development including a structure on which antennas
or other telecommunications devices are located for television, radio,
data, imagery, telephone or other forms of telecommunications and
all related structures and improvements necessary for the operation
of such telecommunications facility.
TELECOMMUNICATIONS ANTENNA
A device used in communications which receives and/or transmits
electromagnetic waves, microwaves or other electronic communication
signals from or to satellites or other instruments for television,
radio, data, imagery, telephone or other forms of communication. The
term "telecommunications antenna" shall not include private residential
reception equipment.
The Village of Delhi Planning Board is hereby
authorized to approve, approve with conditions, or disapprove communications
tower and facilities siting permits in accordance with this chapter.
Applicants for a site plan review to place,
construct, or modify communications towers and/or facilities within
the Village of Delhi shall submit the following information to the
Village Planning Board:
A. State Environmental Quality Review Act (SEQR) environmental
assessment form and visual environmental assessment form (visual EAF),
landscaping plan and visual assessment report, including appropriate
modeling and photography assessing the visibility from key viewpoints
identified in the visual EAF; existing treelines, potential bird mortality
from migratory bird corridors, surrounding wetlands, known nesting
and breeding areas, and proposed elevations.
B. Preliminary report prepared by a licensed professional
engineer describing:
(1) Feasibility of collocation on existing structures
and telecommunications facilities.
(2) Applicant's full map and grid coverage and/or signal
strengths in the Village and Town of Delhi.
(3) Surrounding topography in relation to line-of-sight
transmission.
(4) Available road access, electric power and land-based
telephone lines and/or microwave link capability.
(5) Required improvements for construction activities,
including those within the public's right-of-way or land controlled
by the Village of Delhi.
(6) Identity of location, ownership and usage of currently
existing telecommunications facilities within the Village.
(7) Plans for construction of telecommunications accessory
equipment buildings or structures and landscaping.
(8) Proposed mitigation measures for visual impacts.
(9) Proposed safety measures.
C. In the case of an application for a telecommunications
tower, additional information describing:
(1) The telecommunications tower's height and design,
including a cross section of the structure;
(2) The tower's compliance with applicable structural
standards;
(3) The tower's capacity, including the number and type
of telecommunications antennas it can accommodate;
(4) The basis of calculation of capacity.
D. In the case of a telecommunications antenna mounted
on an existing structure, additional information shall be provided
indicating:
(1) The existing structure's suitability to accept the
antenna;
(2) The proposed method of affixing the antenna to the
structure;
(3) Complete details of all fixtures and couplings, including
the exact point of attachment.
E. Demonstration of a need for the proposed telecommunications
facility, and, when applicable, showing the impracticality of upgrading
or expanding an existing site.
F. Demonstration that the proposed site is the most appropriate
site within the immediate area for the location of the telecommunications
facility.
G. Inventory of existing telecommunications facilities
within the Village and Town of Delhi outlining opportunities for shared
use as an alternative to the proposed use. The applicant must demonstrate
that the proposed tower or antenna cannot be accommodated on an existing
approved tower or telecommunications facility.
H. Description of the applicant's long-range plans which
project market demand and long-range telecommunications facility expansion
needs within the Village and Town of Delhi.
I. Proof of certified mail announcements to all other
telecommunications providers within a five-mile radius of the proposed
telecommunications facility location declaring the applicant's sharing
capabilities and/or siting needs.
J. A map showing the location of the premises for which
the permit is sought and a sketch plan showing all features of the
telecommunications facility necessary for providing road access, electrical
service, land-based telephone line connection and/or microwave link
capability within the boundaries of the proposed location.
K. Certification by a New York State licensed professional
engineer that the telecommunications facility will comply with Federal
Communications Commission (FCC) regulations for radio frequency emissions.
L. A letter from the property owner(s) authorizing the
filing of the application.
M. A copy of the FCC license for the telecommunications
facility.
N. In the event that the Village Planning Board determines
that the use of a qualified professional is necessary to review the
required plans, reports, and other technical information submitted
in support of an application for a telecommunications tower and facilities,
the applicant shall establish an escrow account to reimburse the Village
for the costs incurred.
O. Where feasible and practical, the tower shall include
sections which can be removed as the need for height decreases.
P. Where a proposed tower is over 199 feet in height,
plans to mitigate adverse effects on birds shall be included. This
part shall include a continuing obligation to modify said tower with
any method that becomes generally accepted within the industry for
the purpose of reducing bird kills.
Q. All applications shall be accompanied by an application
fee as established by the Village Board and on file in the Village
Clerk's office.
R. Such other information as may be required by the Village
Planning Board or its engineer or consultant.
The development of communications towers and
facilities and related structures shall be permitted by approval by
the Village Planning Board. Communications towers and facilities shall
be subject to the following requirements.
A. Location.
(1) Collocation preferred. Whenever possible, new telecommunications
facilities shall be sited on existing telecommunications facilities
or in areas already in use for telecommunications and/or utility distribution
lines in order to preserve the aesthetic and scenic value of the Village.
(2) Location. Applicants for telecommunications towers
shall locate, erect and site towers in accordance with the following
priorities with (a) being the highest priority and (c) being the lowest.
(a)
On existing towers or structures.
(b)
Collocation on a site with existing towers or
structures.
(c)
Properties zoned AR in the Village of Delhi.
(3) Upon filing an application for a permit for a telecommunications
tower, the applicant shall submit a report to the Village Planning
Board demonstrating the reason for the site selection. If the site
selected is not the highest priority, a detailed explanation as to
why sites of a higher priority were not selected shall be included
in the application.
(4) Notwithstanding the above, the Village Planning Board
may approve a site location within the list of priority areas if the
alternative site provides reasonable services and meets the minimum
needs of the service provider and if the Planning Board, in writing,
finds it is in the best interest of the health, safety, and general
welfare of the Village.
B. Site plan approval for telecommunications facilities
shall be subject to the following general conditions as well as any
other provisions the Village Planning Board shall deem applicable:
(1) Separation distance. Telecommunications facilities
shall be at least 500 feet from all residential dwellings, state,
county, town and Village roads, day-care centers, schools or colleges,
libraries, public buildings, senior citizen's centers, churches, recreational
facilities, and hospitals.
(2) Setbacks. All telecommunications facilities shall
be set back at least 150% of its fall zone as certified by a New York
State licensed professional engineer. Additional setbacks may be required
by the Village Planning Board in order to provide for the public safety,
health and welfare.
(3) Minimal visual impacts. All telecommunications towers
and antennas shall be sited to have the least possible visual effect
on the environment. No tower shall be located so that total length
of the tower rises above the ridge tree canopy.
(4) Lighting. Telecommunications towers shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration
or other federal, state or local authority.
(5) Materials and paint. Telecommunications towers and
telecommunications antennas shall be of a galvanized finish or painted
gray above the surrounding tree lines, and gray or green below the
tree lines; the mountings of telecommunications antennas should be
nonreflective and of the appropriate color to blend with their background.
(6) Signs. No portion of any telecommunications tower
or facility shall be used for advertising purposes. No identification
sign larger than two square feet shall be used.
(7) Screening.
(a)
Vegetative screening.
[1]
Where a telecommunications facility abuts residential
or public property, the following vegetative screening shall be established:
evergreen shrubs or trees capable of forming a continuous hedge at
least five feet in height within two years of planting to effectively
screen a telecommunications tower base and accessory facilities.
[2]
Additional screening may be required by the
Village Planning Board to screen portions of the tower from nearby
residential property or important views.
[3]
Clear-cutting of trees within a continuous area
of more than 20,000 square feet is prohibited. Clear-cut areas shall
be replanted with smaller trees within six months of clear-cutting
where practical and feasible.
(b)
Architectural screening. Creative design measures
to screen facilities by integrating them with existing buildings and
among other existing uses are preferred.
(c)
All screening shall be appropriately maintained.
(8) Height. The height of telecommunications towers should
be limited to the minimum height required to provide the proposed
telecommunications services.
(9) Access road. Existing roadways shall be used for access to the site whenever possible. Newly constructed roadways shall be a minimum of a twenty-foot-wide right-of-way and constructed to the standards in Chapter
255 of the Village of Delhi Code.
(10)
Accessory structures. Support facilities such
as vaults and equipment rooms, utilities and other support structures
shall be screened, placed underground, depressed, earth-bermed or
sited below the ridge line to the greatest extent feasible, particularly
in areas of high visibility.
(11)
Antennas. Because of their high visibility,
dish and parabolic telecommunications antennas shall be located as
low as possible, rather than elevated on towers. Microwave and satellite
dishes should be mesh whenever possible.
(12)
Utility service. Any utilities coming to the
telecommunications site shall be underground if determined appropriate
by the Planning Board.
(13)
Security provisions. Each site shall have a
security program, including physical features such as fencing, anti-climbing
devices or elevating ladders and/or monitoring by either staff or
electronically, to prevent unauthorized access to the site.
(14)
Safe zone. Telecommunications towers shall be
designed so that in the event of failure, they will fall within the
setback area of the site and/or away from adjacent development.
(15)
Noise. Noise-producing equipment shall be sited
and/or insulated to minimize noise on adjacent properties.
(16)
Annual inspection and report. Telecommunications
towers shall be inspected annually, and a copy of the inspection report
shall be submitted to the Village Planning Board and Code Enforcement
Officer.
(17)
Removal. The applicant shall submit to the Planning
Board a letter of intent committing the tower owner, and his/her successors
in interest, to notify the Village Board within 30 days of the discontinuance
of use of the tower or associated structures. This letter shall be
filed with the Code Enforcement Officer prior to issuance of a building
permit. All telecommunications facilities, including but not limited
to antennas, towers and accessory structures, shall be dismantled
and removed from the site when they have been inoperative or abandoned
within four months of such notification. The site itself shall also
be restored to preconstruction conditions within one year following
notification unless otherwise specified by the Village Planning Board.
Applicants may be asked to post a bond and provide a written contract
with the Village agreeing to be fully responsible for removal and
indemnifying the Village for the costs of removal as a condition of
the site plan approval. Such bond shall be no less than 150% of the
current cost of removal and restoration and may be renewed and readjusted
every five years by the Village Planning Board.
(18)
Post-installation field report. A post-installation
field report identifying the facilities coverage area, the tower's
maximum capacity, committed capacity, unused capacity and collocated
users of the tower shall be submitted to the Village Board within
60 days of telecommunications facility completion. A copy of this
report shall also be sent to the Village Planning Board.
(19)
FCC license. When available, a copy of the FCC
license will be submitted to the Village Planning Board. No permit
will be issued except to a provider possessing such license or providing
evidence of an affiliation with a licensed provider.
(20)
Municipal and government access. All applicants
may be asked to provide, at no cost, up to two antenna spaces for
Village, town or county governments. These spaces shall not be leased
or rented by the municipality to third parties. The placement of public
equipment shall be by separate lease with the provider as landlord.
C. The Village Planning Board may grant the site plan,
deny the site plan or grant the site plan with written conditions.
D. The Village Board shall set application fees and other
costs to applicant by resolution.
Any person found guilty of a violation of this
chapter shall be punishable by a fine of not more than $250, imprisonment
for not more than 15 days, or both such fine and imprisonment