[Added 4-15-2019 by L.L.
No. 2-2019]
A.
The Town of Wheatfield finds a growing need to address small cell
telecommunications facilities (SCTFs). Prior to the adoption of this
article, no specific procedures or requirements existed to address
issues related to siting SCTFs. Accordingly, the Town Board finds
that the promulgation of this article is necessary to direct the location,
construction, and maintenance of these facilities while encouraging
investment in small cell technology in the Town which is consistent
with the Town's Comprehensive Plan and the anticipated communication
needs of the residents of the Town of Wheatfield.
B.
Therefore, it is the intent of this article to regulate the siting,
location, construction and modification of SCTFs in accordance with
the Federal Telecommunications Act of 1996 and its most recent updates,
and other applicable laws and rulings, by:
(1)
Establishing reasonable and uniform standards and procedures
for small cell personal telecommunications facilities' (SCTFs') deployment,
construction, installation, design, co-location, modification, operation,
relocation and removal within the public rights-of-way (PROW), public
and private properties, and other areas of the Town.
(2)
Accommodating the need for SCTFs in accordance with federal
law.
(3)
Requiring these facilities to utilize careful siting, state-of-the-art
technology, advanced design, innovative concealment (camouflage or
stealth techniques), sufficient screening and buffering to protect
the community's scenic and natural beauty, the public rights-of-way
and easements, and the overall character of the community.
(4)
Conserving the limited physical capacity of those public rights-of-way
held in trust by the Town.
(5)
Ensuring that the Town's current and ongoing costs of granting
and regulating private access to and the use of the public rights-of-way
and facilities are fairly and fully compensated by the petitioners
seeking such access and causing such costs.
See the definitions in Article XVI and the following:
Real property for or devoted to i) public transportation
purposes; or ii) the placement of the Town's municipal utility easements
and other traditional uses along a transportation route, whether by
dedication, prescription, or otherwise, as well as the spaces above
and below. In addition to the foregoing, the definition of "right-of-way"
includes, without limitation, public highways, streets, avenues, alleys,
sidewalks, bridges, aqueducts, and viaducts within the Town.
Persons, firms or corporations supplying gas, electricity,
water, power, transportation or land-line telephone to the general
public. For purposes of this chapter, personal wireless telecommunications
service facilities shall not be considered a public utility and are
defined separately.
This is an industry term that is further defined in 47 CFR
1.1312(e)(2) or as revised.
A term used for modern standards that have distinguishing
features, including i) designs that blend into the environment; ii)
the ability to carry telecommunications equipment completely internally,
often with capacity for multiple SCTF antennas; and iii) are designed
for co-location with other modern services desirable in high-tech
communities, such as intelligent LED lighting, electric vehicle charging,
LED signage, cameras, emergency assistance, and battery backup.
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support telecommunications facilities.
A.
No small cell (SCTF) personal wireless service facility shall hereafter
be used, erected, moved, reconstructed, changed or altered except
in conformity with these regulations. No existing structure shall
be modified to serve as a transmission tower for an SCTF unless in
conformity with these regulations. Any applications pending for SCTF
structures, antennas or accessory structures on the effective date
of this article shall be subject to the provisions of this article.
B.
This article shall take precedence over any inconsistent provisions
of the Zoning Law of the Town of Wheatfield.
A.
Applications for small cell telecommunications facilities shall propose,
locate, site, and erect these facilities in accordance with the following
priorities: co-located/existing structure antennas being the most
preferred, and non-co-located/new structures over 35 feet in height
being the least preferred. All applications shall require a preapplication
meeting with Town officials to determine process and submittal requirements.
B.
The following are the approvals and other requirements needed for
proposed SCTFs:
(1)
SCTF: co-located/existing structure.
(a)
An SCTF that is to be attached to an existing wireless telecommunications
tower facility, or any building or structure (not on a private single-family
or duplex home), is permitted in all zoning districts and will be
reviewed administratively through a building permit process specifically
designed for these types of projects (which may include a courtesy
review and recommendation by the Planning Board, as determined by
the Building Department). These SCTFs may also include accessory equipment
that is also regulated under this Code. If the proposal is to locate
the antenna on or within Town-owned property, the project will require
approval from the Wheatfield Town Board.
(b)
The building permit application will include a structural analysis/report
verifying the ability of the structure to handle the SCTF equipment.
SCTFs on structures, buildings, etc., shall be located in such a manner
to reduce their visual appearance, utilizing stealth technology to
the fullest extent possible. Specifically, these technologies can
include integrating the antenna into the pole or other structure,
flush mounting the antenna, camouflaging the antenna, designing the
antenna to match the structure, etc. See the Town of Wheatfield design
guidelines document for additional information on acceptable designs.
Multiple SCTFs on a single structure shall also be subject to these
aesthetic requirements. In areas of high visibility (visible to residential
homes or the traveling public), accessory equipment and any structures
may need to be screened, camouflaged or, if allowed, placed below
ground in a vault.
(c)
Other co-located SCTFs may be placed on:
[1]
Existing utility, light or telephone poles.
[a]
The height of the new antenna/SCTF shall not extend
above the height of the existing structure by more than five feet.
(Note the requirement for placing new SCTFs on or within Town-owned
property). If a pole needs to be replaced in order to accommodate
the SCTF, then the replacement pole shall not be more than five feet
higher than the existing pole. (If more than five feet taller, then
the application will be treated as a new support structure.) The use
of smart poles which incorporate the functions of the current pole
and have the capability of future expansion to other services is encouraged
where replacement poles are necessary.
[b]
If the new antenna/SCTF is being placed on a structure
within non-Town governmental-entity-owned lands (like a road right-of-way),
but is to be located on a structure (like a utility pole that is not
owned by that other government entity), then the project may require
referral by the Building Department to the Planning Board for review
and input prior to issuance of a building permit;
[2]
Industrial buildings. The height of the new antenna/SCTF
shall not extend above the height of the existing building by more
than 12 feet;
[3]
Multifamily residential buildings. The height of
the new antenna/SCTF shall not extend above the height of the existing
building by more than 12 feet;
[4]
Commercial buildings. The height of the new antenna/SCTF
shall not extend above the height of the existing building by more
than 12 feet;
[5]
Water tower. The height of new antenna/SCTF shall
not extend above the height of the water tower by more than 12 feet;
or
[6]
Existing standalone, wireless telecommunication
tower facility. The height of the new antenna/SCTF shall not extend
above the height of the existing facility by more than 12 feet.
(2)
Non-co-located/new support structure SCTF (including requiring
a new support structure or a structure being expanded beyond the allowable
limit).
(a)
An SCTF that will not be mounted on an existing structure (or
allowable replacement structure), as defined above, or is more than
the allowed height above that structure on which it is mounted, is
permitted as follows:
[1]
Municipal or government-owned property:
[a]
If located on municipally (Town of Wheatfield)
owned property, a Town lease, license agreement or master license
agreement must be obtained, and the Town must refer the proposal to
the Planning Board for their input. The tower/pole/support structure
must be set back the height of the tower from any residentially zoned
property and be in accordance with the applicable requirements of
this article.
[b]
If proposed in Town road right-of-way, the Town
will require a Town lease, license agreement or master license agreement,
and also require the project to receive Highway Department referral
and recommendation. Proper location and setbacks shall be agreed to
with the Town (in the lease, license or agreement).
[c]
If located on county, state, and federal property
or rights-of-way, or public school property, the SCTF shall be administratively
reviewed by the Town, and the Planning Board shall conduct a courtesy
review, and the tower must be set back the height of the tower from
any property line.
[2]
On all properties that are privately owned, the
application will require site plan approval. The new SCTF tower/pole/support
structure shall be located a minimum of the height of the structure
from any residential property line.
(b)
For SCTFs that fall into this category, the use of smart poles
is strongly encouraged particularly in neighborhoods where utilities
are primarily or completely underground. Smart poles allow a pole
design to be chosen that does not substantially change the character
of the neighborhood, provide the opportunity for expansion of SCTF
services without requiring additional aboveground structures, and
may be justification to include other desired services, such as streetlighting,
on those new poles.
(c)
All non-co-located/new support structure SCTFs shall be located
in such a manner to reduce their visual appearance, utilizing stealth
technology to the fullest extent possible. Specifically, these technologies
can include integrating the antenna into the pole or other structure,
flush mounting the antenna, camouflaging the antenna, designing the
antenna to match the structure, etc. See the Town of Wheatfield design
guidelines document for additional information on acceptable designs.
Multiple SCTFs on a single structure shall also be subject to these
aesthetic requirements. In areas of high visibility (visible to residential
homes or the traveling public), accessory equipment and any structures
may need to be screened, camouflaged or, if allowed, placed below
ground in a vault.
(d)
For any new support structure SCTF that will be more than 35
feet tall (up to 50 feet tall, per the definition of small cell),
the applicant will complete visualizations to ensure that the new
structure is compatible with the neighborhood where it is to be placed.
A smaller structure or alternative locations may be necessary.
(3)
Other requirements.
(a)
The petitioner must sign and submit a tolling agreement that
states the petitioner's understanding that the preapplication meeting
in no way constitutes review of their application and that the "shot
clock" on their project will not begin until an official application
has been properly submitted.
(b)
The petitioner shall submit evidence that a preapplication meeting
has been held with the relevant Town departments in the form of a
memorandum to include a summary of the meeting and comments made by
the Town entities in attendance. This memorandum shall be independently
reviewed and verified as accurate by all involved Town entities and
deemed part of the official record.
The following information shall be contained in the application:
A.
State Environmental Quality Review Act (SEQRA) environmental assessment
form (EAF): a completed EAF, including the visual EAF addendum. The
visual assessment report shall include appropriate models and photography
assessing the visibility from key viewpoints identified in the visual
EAF addendum, existing tree lines, and proposed elevations.
B.
Landscape plan (if requested at the preapplication meeting).
C.
Preliminary report prepared by a licensed professional engineer describing:
(1)
Feasibility of co-location on existing structures and telecommunications
facilities;
(2)
Required improvements or construction activities, including
those within the public right-of-way or lands owned or controlled
by the Town of Wheatfield;
(3)
Plans for construction of a telecommunications accessory equipment
building or structure, if needed;
(4)
Proposed mitigation measures for visual impacts;
(5)
Proposed safety measures.
D.
In the case of a telecommunications antenna/SCTF mounted on an expanded
existing structure, additional information shall be provided indicating
the existing structure's suitability to accept the telecommunications
antenna/SCTF, the proposed method of affixing the telecommunications
antenna/SCTF to the structure, and complete details of all fixtures
and couplings, and the precise point of attachment shall be indicated.
E.
A site plan, in conformance with applicable site plan submission
requirements under this chapter. The site plan shall show all existing
and proposed structures, equipment, parking, and other improvements.
Elevations of existing and proposed structures shall also be provided,
showing height, width, depth, type of materials, color schemes, and
other relevant information. All features of the facility necessary
for providing access, electrical service, land-based telephone line
connection and/or microwave link capability within the property boundaries
of the proposed location shall be shown.
F.
In the case of an application for an SCTF to be located on private
lands owned by a party other than the applicant or the Town, a copy
of the lease agreement with the property owner shall be provided (redacted
as necessary).
G.
Such other information as may be required by the Planning Board or
the Town Engineer or Building Inspector, or other Town consultant.
H.
The application fee in accordance with and as described in the Town's
Schedule of Fees shall be included with the application.
If the applicant violates any of the conditions of its approval
or violates any other local, state or federal laws, rules or regulations,
this shall be grounds for revocation of the site plan approval or
agreement. Revocation may occur after the applicant is notified of
the violations and the Planning Board holds a hearing on same.
A.
Within 90 days following written notice from the Town, the wireless
provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any small wireless facilities within the rights-of-way whenever
the Town has determined that such removal, relocation, change or alteration
is necessary for the construction, repair, maintenance, or installation
of any Town improvement in or upon, or the operations of the Town
in or upon, the rights-of-way.
B.
Emergency removal or relocation of facilities. The Town retains the
right and privilege to cut or move any small wireless facility located
within the rights-of-way of the Town, as the Town may determine to
be necessary, appropriate or useful in response to any public health
or safety emergency. If circumstances permit, the Town shall notify
the wireless telecommunications provider and provide the wireless
telecommunications provider an opportunity to move its own facilities
prior to cutting or removing a facility and shall notify the wireless
telecommunications provider after cutting or removing a small wireless
facility.
C.
Abandonment of facilities. Upon abandonment of a small wireless facility
within the rights-of-way of the Town, the wireless provider shall
notify the Town within 90 days. Following receipt of such notice the
Town may direct the wireless provider to remove all or any portion
of the small wireless facility if the Town, or any of its departments,
determines that such removal will be in the best interest of the public
health, safety and welfare.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and the general welfare. It
is not intended to interfere with, abrogate, or annul other rules,
regulations or laws, provided that whenever the requirements of this
article are at variance with the requirements of any other lawfully
adopted regulations, rules, or laws, the most restrictive, or those
which impose the highest standards, shall govern.
If any section, subsection, phrase, sentence, or other portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
