Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 3-9-1998 by L.L. No. 2-1998 (Ch. 63 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 350.

§ 120-1 Intent.

It is the intent of the Board of Trustees of the Village of Lancaster to provide a safe and efficient method of erecting, regulating and removing telecommunications facilities, including but not limited to towers, cellular sites, antenna and buildings within the boundary limits of the Village of Lancaster. This chapter is intended to provide for the appropriate location and development of communication facilities to serve the residents and businesses of the Village of Lancaster; to minimize adverse visual affects of towers through careful design, siting and vegetative screening; to avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; to maximize use of any new or existing communication towers to reduce the number of towers needed; to provide a safe and efficient means for the removal of unused facilities; and to provide for the upkeep of facilities currently being utilized at no cost to the Village taxpayers.

§ 120-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ANTENNA
An arrangement of wires or metal rods used in transmitting or receiving electromagnetic waves. It shall also mean a system of electrical conductors that transmit or receive frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS) and microwave communications.
BREAKPOINT
The location on a communication tower (a design feature) which, in the event of a tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located.
GUYED TOWER
A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
MONOPOLE TOWER
A communications tower consisting of a single pole, constructed without, guy wires and ground anchors.
SELF-SUPPORTING TOWER
A communications tower that is constructed without guy wires and ground anchors.
TELECOMMUNICATIONS SITE
A building or other permanent structure intended for transmitting or receiving television, am/fm radio, digital, paging, personal communication services, microwave, cellular, telephone or similar forms of electronic communication.
TELECOMMUNICATIONS TOWER
A guyed, monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, am/fm radio, digital, paging, personal communication services, microwave, cellular, telephone or similar forms of electronic communication.
TELECOMMUNICATION PERMIT APPLICATION
An application submitted to the Village of Lancaster Code Enforcement Officer, which shall contain the following information in addition to any other information deemed relevant by the Board of Trustees of the Village of Lancaster:
A. 
Four copies of all building plans.
B. 
An application fee as so determined by the Board of Trustees.
C. 
Such performance, maintenance and removal bond(s) and such guaranties as may be required by the Board of Trustees.
D. 
A detailed map indicating the placement of all other telecommunications towers and communications towers within the geographical limits of the Town of Lancaster.
E. 
Proof of notification (certified mail return receipts) by the applicant to all property owners within 500 feet of the boundaries of the property upon which a proposed tower is to be situated based upon the latest assessment rolls available from the municipality and to all public utilities, including water, sewer, gas, electric, telephone and cable.
F. 
Site plan, in a form and content acceptable to the Board of Trustees, prepared to scale and in sufficient detail and accuracy showing at a minimum:
(1) 
The exact location of any proposed tower, including latitude and longitude, together with guy wires and guy anchors, if applicable.
(2) 
The maximum height of any proposed tower.
(3) 
A detail of proposed tower type (monopole, guyed, self-supporting or other).
(4) 
The color or colors of any proposed tower.
(5) 
The location, type and intensity of any lighting on any proposed tower.
(6) 
The property boundaries (a copy of a property survey must also be provided).
(7) 
Proof of the landowner's consent if the applicant will not own the property.
(8) 
Location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of the structures to the tower.
(9) 
The names and addresses of adjacent landowners based on the latest assessment roles available from the municipality.
(10) 
The location, nature and extent of any proposed fencing and landscaping or screening.
(11) 
The location and nature of proposed utility easements and access roads, if applicable.
(12) 
Building elevations of accessory structures or immediately adjacent buildings.
(13) 
Propagation studies demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
G. 
For antennas that are to be attached to an existing communications tower, a structural analysis/report verifying the ability of the structure to handle the additional antenna.
H. 
A statement by the applicant or an officer thereof that radio frequency emissions shall not exceed limits established by the Federal Communications Commission.

§ 120-3 Telecommunications permit required.

Any party interested in constructing, erecting or modifying a telecommunications tower or telecommunications site within the Village of Lancaster shall file a telecommunications permit application with the Code Enforcement Officer of the Village of Lancaster. The telecommunications permit application shall be reviewed by the Planning Commission and the Superintendent of Public Works which upon review shall make its recommendation to the Village Board. The telecommunications permit application shall be reviewed to determine whether the proposed telecommunications tower or site shall be constructed, erected or modified in accordance with the provisions of this chapter. Approval, disapproval or conditional approval shall be given by the Village Board.

§ 120-4 Location.

A. 
Subject to Subsection B, the erection of telecommunication towers subsequent to the enactment of this chapter shall be limited to municipal property and districts identified within Chapter 152 of the Lancaster Village Code as M-1 Manufacturing Districts or M-IP Industrial Park Districts. Use of municipal property may be subject to any lease arrangements and other terms and conditions as may be deemed appropriate by the Board of Trustees.
B. 
If the limitations set forth in Subsection A above shall effectively prohibit the provision of personal wireless services within an area of the Village of Lancaster, the erection of telecommunication towers subsequent to the enactment of this chapter shall be limited in the following order to that classification of zoning district necessary so as to not effectively prohibit the provision of personal wireless service within said area of the Village of Lancaster.
(1) 
C-2 General Commercial Districts.
(2) 
C-1 Business Districts.
(3) 
R-2AH High-Rise Apartment Districts.
(4) 
R-2A Residence Districts.
(5) 
R-2 Residence Districts.
(6) 
R-1 Residence Districts.

§ 120-5 General conditions.

A. 
Aesthetics.
(1) 
Telecommunications towers, facilities and antenna shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic affect on neighboring residences to the extent possible, the Board of Trustees may impose reasonable conditions on the applicant, including but not limited to the following:
(a) 
Use of a monopole or guyed wire instead of a freestanding tower.
(b) 
Reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(c) 
Additional site plan requirements, such as additional screening, greater setbacks and improved landscaping, to address aesthetic and safety concerns.
(2) 
The Village may require the applicant to show that it has made good faith efforts to collocate on existing towers or other available and appropriate structures or to construct new towers near existing towers in an effort to consolidate visual disturbances.
(3) 
Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Towers shall be of a nonreflective finish, the color of which shall be subject to approval. Any lights which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by FAA.
(4) 
No tower shall contain any advertising signs or devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.
(5) 
The applicant must submit a copy of its policy regarding collocation on any proposed tower with other potential future applicants. Such policy should allow collocation under the following conditions:
(a) 
The new antennas and equipment do not exceed structural loading requirements or pose any technical or radio frequency interference with existing equipment.
(b) 
The party desiring to collocate has a similar policy of collocation for the applicant.
B. 
Traffic, access and safety.
(1) 
A road turnaround and one parking space shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.
(2) 
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height as measured from the finished grade or otherwise sufficiently protected from trespassing or vandalism.
(3) 
Radiation standards. All proposed communications towers shall comply with current standards of the Federal Communications Commission for nonionizing electromagnetic radiation and electromagnetic fields.
(4) 
All electrical and telephone service shall be underground. If high voltage is necessary for the operation of the communications tower or any accessory structures, appropriate warning signs shall be permanently attached to the fence or wall and shall be spaced not more than 40 feet apart.
(5) 
"No Trespassing" warning signs shall be permanently attached to the fence or wall and shall be spaced not more that 40 feet apart.
(6) 
Inspection. The Code Enforcement Officer and Board of Trustees may require periodic inspections of the telecommunications facilities to ensure structural integrity and adherence with this chapter. Based upon the results of that inspection, the Board of Trustees and Code Enforcement Officer may require repair, replacement or removal of nonconforming structures.
(7) 
The Superintendent of Public Works, in conjunction with the Board of Trustees and the Code Enforcement Officer, may promulgate other rules and regulations with regard to breakpoints and telecommunications facilities as may be deemed necessary from time to time to implement the intent of this chapter.
C. 
Removal of tower. The applicant shall agree to remove a proposed tower if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for four consecutive months. The Board of Trustees shall require the applicant to provide a demolition bond in an amount to be determined by the Board of Trustees based upon the cost of removal or such other security as the parties may agree for purposes of removal in case the applicant fails to remove the tower as otherwise required.
D. 
Structural safety. During the application process and every three years after construction of the tower, the applicant/owner shall provide a certification from a qualified, professional engineer, certifying that a proposed tower meets applicable structural safety standards and that an inspection of the tower, all accessory structures and all fencing has been made by the applicant/owner.
E. 
All telecommunications facilities shall be maintained in good order and repair.
F. 
No tower shall exceed 200 feet in height from the base of the tower to the topmost portion of the tower.

§ 120-6 Penalties for offenses.

A facility receiving a telecommunications permit by the Board of Trustees that subsequently does not meet the requirements of that permit shall have its permit revoked and the tower shall be removed within 90 days with notification of the violation by the Village. Failure to so remove the tower within 90 days after notification by the Village shall result in a civil penalty not to exceed $250 for each day of a continuing violation.

§ 120-7 Stop orders.

A. 
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on any telecommunications tower or telecommunications site is being performed in violation of the provisions of this chapter or the provisions of a telecommunications permit or in an unsafe or dangerous manner, he shall notify the owner of the property and, if applicable, the holder of the telecommunication permit to suspend all work and any such person shall forthwith stop such work until the stop order has been rescinded.
B. 
A notice issued by the Code Enforcement Officer pursuant to Subsection A of this section shall be in writing and may be served upon the person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the structure upon which work is being performed and sending a copy of the same by registered mail.