Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Elma 1-18-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 52.
Flood damage prevention — See Ch. 82.
Site plan review — See Ch. 117.
Zoning — See Ch. 144.

§ 130-1 Construction of towers permitted.

Communication installations, wind energy conservation systems and towers may be permitted in any zoning district in the Town of Elma except the floodplain area, subject to use permit approval by the Elma Town Board.

§ 130-2 Purpose.

It is the purpose of this chapter to regulate the installation of towers within the Town of Elma, New York, to require that such towers be located and constructed in accordance with approved plans and to prescribe regulations for said towers in the interest of protecting the public health and safety.

§ 130-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMBIENT NOISE
The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources.
ATTACHED TOWER
Includes a tower which is rigidly attached to a building by a rigid member.
CONTINUOUS SOUND
Any sound that is not an impulsive sound.
DISCRETE TONE
Any sound wave whose instantaneous sound pressure varies essentially as a simple sinusoidal function.
FREESTANDING TOWER
Includes a tower which is not attached to a building by a rigid member.
PREEXISTING TOWER
Any tower existing at the time of the adoption of this chapter.
SOUND LEVEL
A frequency-weighted sound-pressure level, obtained by the use of metering characteristics and the weighting A, B or C as specified in the American National Standards Institute Specification for Sound Level Meters, SL. 4-1971 or latest revision. The sound-level meter shall conform to either Type 1 or Type 2. The weighting employed must always be stated.
A. 
In decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure of 20 micronewtons per square meter.
B. 
In formula.
SPL = 20 log10(P/Po)
WHERE:
SPL
=
The sound-pressure level.
P
=
The effective (root means square) sound pressure.
Po
=
The reference pressure.
TOWER
Includes any tower, edifice, pole or other structure, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as but not limited to broadcast, shortwave, citizens' band, FM or television signals or wind-driven devices, such as energy converters and wind-speed and/or direction indicators.

§ 130-4 Use permit required; exceptions.

A. 
No person, firm or corporation being the owner or occupant of any land or premises within the Town of Elma shall use or permit the use of said land or premises for the construction of a tower without obtaining a use permit, approved by the Town Board after investigation and recommendation of the Planning Board. The Building Inspector shall issue the permit.
B. 
Specific exemptions from this chapter are:
(1) 
Preexisting towers.
(2) 
Antennas used for residential household television and radio reception.
(3) 
Public utility poles used for power transmission, telephone and cable television service along rights-of-way and towers used for high-voltage power transmission lines by public utilities.

§ 130-5 Preexisting towers.

Preexisting towers are exempt from this chapter, unless they are required to be or voluntarily are substantially rebuilt (greater than 50%). "Substantially rebuilt" shall not include lowering of certain towers for maintenance, painting or adjustment.

§ 130-6 Application for permit.

A. 
The application for a tower use permit under this chapter shall be in writing and signed by the applicant. It shall state the following:
(1) 
The name and address of the applicant.
(2) 
The name and address of each partner if the applicant is a partnership.
(3) 
The name and address of each officer if the applicant is a corporation.
B. 
A site plan shall be made and shall include the submission of a certification by a registered professional engineer or manufacturer's certification that the tower was designed to withstand all load requirements for structures as set forth in the New York State Building Construction Code, the National Electrical Code and the Electronics Industries Association Standard RS - 222C Specification.
C. 
Where the applicant is not the owner of the premises, the application shall also be accompanied by the original or a true and complete copy of the lease of the premises and a written statement signed by all the owners of record consenting to the construction of the tower on the premises.

§ 130-7 Rules and regulations for maintenance.

Permits issued may prescribe rules and regulations for the maintenance and safety of such towers.

§ 130-8 Location of towers; noise restrictions.

Freestanding towers shall be located or placed in rear yards and limited to not more than one tower per acre. Guy wires and anchors for towers shall not be located closer to any property line or building than 10 feet. In addition, towers shall conform to requirements as listed below:
A. 
Towers shall be so placed that the foundation portion of the tower, if visible from any right-of-way, shall be suitably screened from view.
B. 
Towers which will be used for energy-deriving purposes shall not produce a level of noise at any lot line greater than the ambient nighttime level. No person shall operate or permit to be operated a wind generator or wind-driven device that exceeds the maximum sound level limitations provided in this chapter. Continuous sound in air which has crossed a real property boundary shall not exceed any of the following sound levels:
(1) 
The device cannot increase the ambient sound level by more than three dBA, when measured at three feet from the nearest living area window opening.
(2) 
Sounds that have high concentration of energy in narrow frequency bands (pitched or tone-like sounds) are usually regarded as more annoying than wide-band sounds of the same level. Therefore, if the device does generate a discrete tone, the operating sound-pressure level cannot exceed the ambient level, when measured at three feet from the nearest living area window opening.
C. 
The base of a freestanding tower may be no closer to any lot line or public utility line than a distance equal to the height of the tower plus 10 feet, except that a residential communication tower for use of a resident occupant only and not exceeding 50 feet is exempt from this requirement, provided that its height shall not exceed the linear distance to the nearest non-owner-occupied dwelling or non-owner-occupied utility service line.
D. 
The base of a freestanding tower used for a windmill device or system shall be surrounded by a fence at least six feet in height or similarly protected for the purpose of discouraging illegal trespassing or vandalism.
E. 
It shall be the responsibility of the owner of the tower to take whatever corrective measures may be required to correct TV (television) interference caused by and attributable to a windmill device or system.

§ 130-9 Height limitations.

The following height limitations shall apply to the construction of any tower:
A. 
Attached towers in residential areas which are attached to the roof of the structure shall not exceed 30 feet above the grade or 15 feet in height above the ridge, the total not to exceed 30 feet in height.
B. 
Towers as defined heretofore, in all areas, shall not exceed a total height of 200 feet above the ground.

§ 130-10 Towers permitted in certain areas only.

Notwithstanding any other provision of this chapter or of any other provision of the Elma Code, nonresidential towers and commercial towers of all types may be located only in a commercial or industrial zone.

§ 130-11 Severability.

If any clause, sentence, paragraph, section, Article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered.