[HISTORY: Adopted by the Town Board of the Town of Conesus 9-6-2005 by L.L. No. 1-2005; amended in its entirety 11-10-2015 by L.L. No. 2-2015. Subsequent amendments noted where
applicable.]
The purpose of this chapter is to promote the health, safety
and general welfare of the residents of the Town of Conesus through
the establishment of minimum standards to reduce the adverse visual
effects of wireless service facility transmission towers and antennas
through careful design, siting and screening; to protect property
values; to protect the physical appearance of the community and to
preserve its scenic and natural beauty; to avoid potential damage
to adjacent properties from tower failure through proper engineering
and careful siting of structures; to ensure that all residents of
the Town of Conesus are adequately served by personal wireless services
technology; to protect a citizen's ability to receive communication
signals without interference from other communication providers while
preserving competition among communications providers; and to maximize
the use of existing towers or antenna host sites within prescribed
districts so as to minimize the number and visual impact of towers
needed to serve the Town of Conesus.
Except as specifically set forth in Chapter 155, Zoning, of the Code of the Town of Conesus, all new wireless service facilities in the Town of Conesus shall be subject to these and all applicable regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
The American National Standards Institute.
A device used in communications which converts radio frequency
electrical energy to radiated electromagnetic energy and vice versa;
in a transmitting station, an antenna is the device from which radio
waves are emitted.
The mounting of wireless service facilities used by two or
more persons, firms or corporations on the same equipment mounting
structure.
The environmental assessment form as defined in 6 NYCRR Part
617.
The Environmental Protection Agency.
Any structure used primarily to support reception or transmission
equipment, including but not limited to antenna support structures,
towers and monopoles.
The Federal Aviation Administration.
The federal agency responsible for licensing and regulation
of wireless communications, which has primary regulatory control over
communications providers.
Commercial mobile services, wireless telecommunications services,
duly authorized devices, which do not require individual licenses
(excluding the provision of direct-to-home satellite services), and
common carrier wireless exchanges, including cellular radiotelephone,
specialized mobile radio system and personal communications services.
Any person, firm, corporation or governmental agency which
is duly authorized to furnish to the public, under governmental regulation,
electricity, water, sewage treatment or steam.
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and therefore
is subject to special standards and conditions of such use subject
to the approval of the Planning Board and Zoning Board of Appeals
and to be enforced by the Code Enforcement Officer (CEO).
A facility for the provision of wireless services. A wireless
service facility includes an antenna, equipment-mounting structure
and accessory buildings and equipment.
All new wireless service facilities and all additions and/or
modifications to currently existing wireless service facilities shall
be allowed in areas zoned ARR in the Town of Conesus pursuant to the
issuance of a special use permit in accordance with the criteria set
forth in this chapter.
All applicants for a special use permit shall file with the
Code Enforcement Officer five copies of the following documents:
A.
Site plan. The site plan shall show elevations, height, width, depth,
type 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 wireless service facility and such other information that
the Planning Board and/or the Zoning Board of Appeals may require.
B.
Environmental assessment form. A completed environmental assessment
form (EAF), including the visual EAF addendum. Particular attention
shall be given to visibility from key viewpoints identified in the
visual EAF addendum, existing treelines and proposed elevations.
C.
Landscape plan. 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, buffers, screening,
elevations of fences and materials to be used.
D.
Documentation of proposed height. Documentation sufficient to demonstrate
that the proposed height is the minimum height necessary to provide
service to locations which the applicant is not able to serve with
existing facilities within and outside the Town of Conesus.
E.
Statement regarding co-location. For new wireless service facilities,
a statement by the applicant that construction of the facility will
accommodate collocation of additional facilities for future users.
F.
Structure engineering report. A report prepared by a New York State
licensed professional engineering firm specializing in structural
integrity of the wireless service facility. In the case of a tower
or monopole, the structural engineering report shall describe the
structure's height and design, including a cross section of the
structure, demonstrate the structure's compliance with applicable
structural standards and describe the structure's capacity, including
the number of antennas it can accommodate and the precise point at
which the antenna shall be mounted. In the case of an antenna mounted
on an existing structure, the structural engineering report shall
indicate the ability of the existing structure to accept the antenna,
the proposed method of affixing the antenna to the structure and the
precise point at which the antenna shall be mounted.
G.
Engineering analysis of radio emissions. An engineering analysis
of radio emissions, and a propagation map for the proposed wireless
service facility. The analysis shall be prepared and signed by a New
York State licensed professional engineer specializing in electrical
engineering with expertise in radio communication and/or wireless
service facilities. The results from the analysis must clearly show
that the power density levels of the electromagnetic energy generated
from the proposed facility are within the allowable limits established
by the FCC which are in effect at the time of the application. If
the proposed wireless service facility would be co-located with an
existing facility, the cumulative effects of the facilities must also
be analyzed. The power density shall be based on the assumption that
all antennas mounted on the proposed facility are simultaneously transmitting
radio energy at a power level equal to the maximum antenna power rating
specified by the antenna manufacturer.
H.
Map of proposed charges and existing facilities. A map showing the
area of coverage of the proposed facility and listing all existing
wireless service facilities in the Town of Conesus and bordering municipalities
containing wireless service facilities used by the applicant, and
a detailed report indicating why the proposed wireless service facility
is required to provide service to locations which the applicant is
not able to serve with existing facilities which are located within
and outside the Town of Conesus by co-location or otherwise.
Applicants for special use permits for establishment or construction
of wireless service facilities shall meet all of the following criteria:
A.
Necessity. The proposed wireless service facility is required to
provide service to locations which the applicant is not able to serve
with existing facilities which are located within and outside the
Town of Conesus, by collocation or otherwise.
B.
Co-location. The co-location of existing wireless service facilities
shall be strongly preferred to the construction of new wireless service
facilities. If a new site for a wireless service facility is proposed,
the applicant shall submit a report setting forth in detail an inventory
of existing wireless service facilities which are within a reasonable
distance from the proposed facility with respect to coverage, an inventory
of existing wireless service facilities with other municipalities
which can be utilized or modified in order to provide coverage to
the locations the applicant is seeking to serve and a report on the
possibilities and opportunities for co-location as an alternative
to a new site. The applicant must demonstrate that the proposed wireless
service facility cannot be accommodated on an existing facility or
on an existing facility in another municipality due to one or more
of the following reasons:
(1)
The proposed equipment would exceed the existing and reasonably potential
structural capacity of existing and approved wireless service facilities,
considering existing and planned use for those facilities.
(2)
The existing or proposed equipment would cause interference with
other existing or proposed equipment which could not reasonably be
prevented or mitigated.
(3)
Existing or approved wireless service facilities or in neighboring
municipalities do not have space on which the proposed equipment can
be placed so it can function effectively and reasonably, and the applicant
has not been able, following a good-faith effort, to reach an agreement
with the owners of such facilities.
(4)
Other reasons that make it impracticable to place the proposed equipment
on existing and approved wireless service facilities in other municipalities.
(5)
Service to the locations to which the applicant seeks to provide
service cannot be provided by existing facilities within or outside
the Town of Conesus.
C.
Maximum height. Unless the FCC promulgates rules to the contrary
or the applicant demonstrates to the satisfaction of the Board granting
the special use permit that a greater height is necessary, the maximum
height for the tower or monopole shall be 80 feet above ground level
maximum, or the minimum height necessary to provide service to locations
which the applicant is not able to serve with existing facilities
within and outside the Town of Conesus, whichever is less.
D.
Minimum lot size. The minimum lot size for a tower or monopole shall
be equal to the square of twice the tower or monopole's height,
or the minimum lot size required by the underlying zoning district,
whichever is greater, but in no case shall the lot size be less than
two acres.
E.
Setbacks. Unless the FCC promulgates rules to the contrary, all wireless
service facilities shall be separated from all residential dwellings,
buildings, structures, utility structures/items, and roadways by a
distance of no less than 500 feet. In no case shall a setback be less
than 100 feet or the minimum setback required by the underlying zoning
district, whichever is greater. The setback shall increase 100 feet
for each 10 feet that the wireless service facility exceeds the maximum
height set forth in the underlying zoning district specifications.
Setbacks from towers or monopoles shall be measured from the base/pad
of the structure.
F.
Security fencing. A chain link fence with built-in security features
to prevent climbing and a minimum height of eight feet shall be provided
around each tower, monopole and guy anchor to secure the site and
provide an opaque barrier. Access to the structure shall be through
a locked gate with proper warning and emergency contact signage and
placarding.
G.
Architectural compatibility. Where a wireless service facility is
to be attached to an existing building or structure, such facility
shall be integrated into such existing building or structure in a
manner which blends with the architectural characteristics of the
building or structure to the maximum extent practicable.
H.
Placement. Unless wall-mounted on an existing roof-mounted mechanical
enclosure or similar appurtenance, all antennas mounted on a roof
shall be located so that visibility of the antenna is limited to the
greatest extent practicable. Antennas wall-mounted on a roof-mounted
mechanical enclosure or similar appurtenance shall not exceed the
height of the appurtenance at the point of installation.
I.
Security bond. A security bond must be posted with the Town of Conesus
to cover the cost of total removal of the tower installation, including
pad/base, and the complete restoration of the property to its previous
condition, including seeding of area. The amount of the bond shall
be equal to the amount of the full assessed value of the wireless
service facility, plus 20%, with a review by the Town Board and Town
Assessor every four years.
The proposed wireless service facility shall meet the following
applicable design guidelines:
A.
Finish/colors. Towers or monopoles not requiring Federal Aviation
Administration (FAA) painting or markings shall either have a galvanized
finish or be painted gray or blue-gray above the surrounding treeline
and green or tannish-brown below the surrounding treeline.
B.
Illumination.
(1)
Towers over 80 feet must have a strobe at the top during daylight
hours and have at least one pulsating low-powered red light at the
top of the structure and one constant red light 1/2 the distance from
the top to the bottom of the structure for the hours of darkness.
(2)
Signals, lights or illumination on towers/structures shall be as
required by the FAA or other federal, state or local authority.
C.
Landscaping for towers or monopoles. For towers or monopoles, vegetative
screening shall be provided to effectively screen the tower base and
accessory facilities. At a minimum, screening shall consist of one
row of native evergreen shrubs or evergreen trees capable of forming
a continuous hedge at least five feet in height within two years of
planting. Existing vegetation shall be preserved to the extent practicable
and may be used as a substitute of or a supplement toward meeting
landscaping requirements. Additional screening may be required to
screen portions of the structure from nearby residential property
or important views. All landscaping shall be properly maintained to
ensure good health and viability.
D.
Visibility. All wireless service facilities shall be sited to have
minimum adverse visual effect on residential areas, parks or major
roadways.
E.
Signage. Signage shall be prohibited on wireless service facilities
except for those signs required by regulating government agencies
and warning and emergency contact placarding.
A.
Time limit for completion. A building permit must be obtained within
six months after approval of a special use permit for a wireless service
facility, and construction of such facility must be completed within
12 months of such approval.
B.
Inspections.
(1)
It is the applicant's responsibility to have its wireless service
facilities, including towers, monopoles and antennas, inspected for
structural integrity every fourth year on the anniversary date, in
that year, of completed construction of the building as indicated
on closing of the building permit, at the applicant's expense.
Such inspection shall include:
(a)
A copy of the signed completed inspection report shall be promptly
transmitted to the Code Enforcement Officer of the Town of Conesus.
(b)
The structural inspection shall be performed by a New York State
licensed professional engineer specializing in structural engineering.
(c)
The structural inspection report shall describe the structural
integrity of the wireless service facility, maintenance issues and
repairs needed or made, if any.
(d)
In the event that the structural inspections indicate structural
deficiencies, then the deficiencies must be remedied within 30 days.
(e)
The thirty-day time limit may be extended by approval of the
Town Board on specific written recommendations of the inspecting structural
engineer.
(f)
In no case shall the repair time limit exceed 90 days from the
completed inspection date.
(2)
It is the applicant's responsibility to have its wireless service
facilities, including towers, monopoles and antennas, inspected for
radio emissions every fourth year on the anniversary date, in that
year, of completed construction of the building as indicated on closing
of the building permit, at the applicant's expense. Such inspection
shall include:
(a)
A copy of the inspection report shall be promptly transmitted
to the Code Enforcement Officer of the Town of Conesus.
(b)
Radio emission inspections shall be performed by a New York
State licensed professional engineer specializing in electrical engineering
with expertise in radio communication and/or wireless service facilities.
(c)
The radio emission inspection shall describe the power density
levels of the electromagnetic energy generated from the facility,
including the cumulative effects of collocated antennas.
(d)
In the event that the radio emission inspection indicates that
the electromagnetic energy generated from the facilities is above
the allowable limits stated within applicable FCC or ANSI standards
or other applicable state or federal guidelines in effect at the time
of inspection, the applicant shall cease all use of the facility until
such time as it proves to the satisfaction of the Code Enforcement
Officer and/or the Town Board that the power density levels of the
electromagnetic energy to be generated at the facility are below the
applicable standards.
C.
Abandonment. In the event that the use of any wireless service facility
has been discontinued by all operators for a period of 180 days or
more, or a current/valid FCC license no longer exists, the facility
shall be deemed to be abandoned. Determination of the date of abandonment
shall be made by the Code Enforcement Officer of the Town of Conesus,
who shall have the right to request documentation from the owner/operator
of the facility regarding usage and/or lack of usage.
(1)
Upon such abandonment, the owner/operator shall remove the facility
at its own expense and complete total removal of the tower installation,
including pad/base, and the complete restoration of the property to
its previous condition, including seeding of area.
(2)
The owner/operator shall have 30 days from date of contact by the
Code Enforcement Officer (confirmed by certified mail) to submit a
written plan for removal.
(3)
From that date the owner/operator shall have 90 days to remove the facility, and, failing prompt removal, the Town of Conesus may remove the facility at the owner/operator's expense making full use of the security bond issued per § 151-6I above.
(4)
All special use permits, variances and approvals of any nature granted
by the Town of Conesus shall automatically expire as of the date of
abandonment of the facility.
(5)
Reissue, if requested by owner/operator, would result in all the
same procedures as if the facility was a new venture beginning with
special use permit and building permit.
Alteration of an existing monopole/tower, which results in the
increase in the size, or height of the monopole/tower and/or the addition
of antennas, shall be permitted only after application to the Planning
Board and then the Zoning Board of Appeals. These Boards shall review
the matter as an entirely new application for a special use permit
and require all items as stated herein by this chapter.
The following are exemptions from this chapter but are regulated
by the FCC:
A.
Machines and equipment designed and marketed as consumer products,
such as walkie-talkies, ham radios not used in/for commercial purposes
and remote-control toys.
B.
Hand-held, mobile, marine and portable radio communication transmitters
and/or receivers.
C.
Two-way radios utilized for temporary or emergency service communication.
D.
Two-way radios utilized for government service communications.
E.
Back-up wireless transmitters connected to an alarm, monitoring service
that transmits to a remote monitoring center in the event of an emergency
when the telephone lines are inoperable.
F.
Over-the-air receive-only devices in compliance with FCC rules and
standards.
Any person, firm or corporation who commits an offense against,
disobeys, neglects or refuses to comply with or resists the enforcement
of any of the provisions of this chapter shall, upon conviction, be
deemed guilty of a violation, punishable by a fine of not less than
$1,000 nor more than $5,000, or by imprisonment not exceeding 30 days,
or both such fine and imprisonment. Each week an offense is continued
shall be deemed a separate violation of this chapter and duly punishable
as such.
A.
If any section, clause or provision of this chapter, or amendment
thereto, or the application thereof to any person or lands is adjudged
to be invalid, the adjudication shall not affect other sections, clauses
or provisions or the application thereof which can be sustained or
given effect without the invalid section, clause or provision or application,
and, to this end, the various sections, clauses and provisions of
this chapter are declared to be severable.
B.
This chapter shall become effective after filing with the Secretary
of State as required by law.
