[HISTORY: Adopted by the Board of Trustees
of the Village of Colonie 6-25-2001 by L.L. No. 1-2001. Amendments noted where
applicable.]
The purpose of these regulations is to promote
the health, safety and general welfare of the residents of the village
to provide standards for the safe provision of telecommunications
consistent with the applicable federal and state regulations, and
to protect the natural features and aesthetic character of the village
with special attention to open space, vistas and wooded areas.
As used in this chapter, the following terms
shall have the meanings indicated:
Any accessory facility or structure serving or being used
in conjunction with a communications tower, including but not limited
to utility or transmission equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio, television, cellular, paging, personal communications services
and microwave communications.
Any structure used, intended or designed to support antennas.
It includes, without limit, freestanding towers, monopoles, guyed
towers, water towers and similar structures that employ camouflage
technology. A communications tower is any structure intended for transmitting
and/or receiving radio, television, telephone or microwave communications,
or other similar communications.
Environmental assessment form.
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
Nonionizing electromagnetic radiation.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
In accordance with the Code of the Village of Colonie.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electromagnetic
systems.
Any structure on which one or more transmitting and/or receiving
antenna is located.
A.
No communications installation, transmission tower,
telecommunications tower, communications tower, accessory facility
or structure, freestanding tower, and/or pole shall hereafter be used,
erected, moved, reconstructed, changed or altered except after approval
of the Village of Colonie Planning Commission in conformity with these
regulations.
B.
No existing structure shall be modified to serve as
a transmission tower, telecommunications tower, communications tower,
accessory facility or structure, freestanding tower, antenna and/or
pole unless in conformity with this chapter and other laws of the
Village of Colonie.
A.
Applicants for telecommunications towers shall locate,
erect and site said towers in accordance with the following priorities
(one being the highest priority and eight being the lowest priority).
B.
Upon filing an application for a permit for a telecommu-nications
tower, the applicant shall submit a report demonstrating the applicant's
review of the above locations in order of priority demonstrating technologically
the reason for the site selection. If the site selected is not the
highest priority, then a detailed explanation as to why sites of a
higher priority were not selected should be included with the application.
C.
Notwithstanding the above, the Board may approve any
site located within an area in the above list of priority areas if
the alternative site provides reasonable services and meets the minimum
needs of the service provider and the Board, in writing, finds it
is in the best interest of the health, safety and welfare of the Village
of Colonie.
D.
The applicant shall, in writing, identify and disclose
the number and locations of any additional sites that the applicant
has, is or will be considering, reviewing or planning for telecommunications
towers in the Village of Colonie, and all towns adjacent to the village
for a two-year period from the date of this application.
A.
At all times, shared use of existing towers shall
be preferred by the village to the proposed construction of new towers.
Additionally, where such shared use is unavailable, location of antenna
on preexisting structures shall be considered. An applicant shall
be required to submit a detailed report inventorying existing towers
within reasonable distance (two to four miles) of the proposed new
tower site and outlining opportunities for shared use of existing
facilities and use of other preexisting structures as an alternative
to new construction.
B.
An applicant intending to share use of an existing
tower or structure shall be required to document, in writing, the
intent from an existing tower or structure owner to share use. The
applicant shall pay all reasonable fees and costs of adapting an existing
tower or structure to a new shared use. Those costs include but are
not limited to structural reinforcement, preventing transmission or
receiver interference, additional site screening and other changes,
including real property acquisition or lease required to accommodate
shared use.
C.
In the case of proposing construction of new communications
towers or structures, the applicant shall be required to submit a
report demonstrating good-faith efforts to secure shared use of existing
towers or structures. Copies of written requests and responses for
shared use inquiries shall be provided.
D.
The applicant shall examine the feasibility of designing
a proposed communications tower to accommodate future demand for two
and located as close to the applicant's antenna as possible without
causing interference and for personal communications systems or commercial
broadcasting and reception facilities as requested by the village.
The scope of this analysis shall be determined by the Planning Commission
during the referral period. This requirement may be waived, provided
that the applicant demonstrates that the provisions of future shared
usage of the facility is not feasible and an unnecessary burden, based
upon:
(1)
The number of FCC licenses foreseeable available for
the area.
(2)
The kind of tower site and structure proposed.
(3)
The number of existing and potential licenses without
tower spaces/sites.
(4)
Available spaces on existing and approved towers.
(5)
Potential significant adverse visual impact by a tower
designed for shared use.
A.
The recommended height of a new communications tower
shall not exceed 140 feet above finished grade level to allow for
shared use of the tower allowing a minimum of three commercial applicants
to operate above the tree line.
B.
The maximum height of any new communications tower
and attached antennas shall not exceed that which shall permit operation
without artificial lighting of any kind or nature in accordance with
municipal, state and/or any federal law and/or regulation.
C.
The Board, at its sole discretion, may modify the
height requirements if the applicant can justify the need to exceed
the height limitation.
D.
The applicant must submit full detailed documentation
justifying to the Board the height of any telecommunications tower
and/or the antenna proposed.
Communications towers shall not be artificially
lighted or marked except to assure human safety as required by the
Federal Aviation Administration (FAA). Communications towers shall
be a galvanized finish or painted an appropriate color to harmonize
with the surroundings as approved by the Board and maintained in accordance
herewith. Communications towers should be designed and sited so as
to avoid application of FAA lighting and painting requirements.
Telecommunications towers shall be permitted
one sign no larger than two square feet to provide adequate notification
to persons in the immediate area of the presence of an antenna that
has transmit capabilities. The sign shall also contain the name(s)
of the owner(s) and operator(s) of the antenna(s) as well as emergency
phone number(s). The sign shall be located so as to be visible from
access point to site. No other signage shall be permitted on any antenna(s),
antenna(s) supporting structure, monopole, or communications tower/structure
unless required by federal or state regulation.
Communications towers and antenna(s) shall be
located, fenced or otherwise secured in a manner which prevents unauthorized
access by the general public. Specifically:
A.
All antenna communications towers, antenna towers,
monopoles and other supporting structures, including guy wires, shall
be made inaccessible to children and constructed or shielded in such
a manner that they cannot be climbed or run into.
B.
Transmitters and communications control points shall
be installed such that they are accessible only to persons authorized
by the licensee to operate or service them.
C.
Transmitters and communications control points shall
be designed and installed such that any adjustments or controls that
could cause the transmitter or communications device to deviate from
its authorized operating parameters are accessible only to persons
authorized by the licensee to make such adjustments.
D.
Transmitters and communications control points shall
be designed such that in the event that an unauthorized person does
gain access, that person can not cause the transmitter or communications
device to deviate from its authorized operating parameters in such
a way as to cause interference to other authorized communications
services.
An area on telecommunications towers shall be
provided to the village and/or area fire districts, without charge,
for location of emergency service communications equipment and shall
be installed by the applicant without charge to the village or area
fire districts. If the tower is replaced or maintenance activities
require the equipment to be moved, removed or modified, the applicant
shall make these adjustments without cost to the village or area fire
district.
All proposed telecommunications towers and accessory
structures shall be located on a single parcel and shall be set back
from parcel lot lines and street lines a distance sufficient to substantially
contain on site all ice-fall or debris from a communications tower
failure and preserve the privacy of any adjoining properties together
with the following items:
A.
Lot size of parcels proposed as a communications tower
site shall be determined by the amount of land required to meet the
setback requirements listed above. If the land for a proposed communications
tower is to be leased, the entire area for such construction required
shall be leased from a single parcel unless the Board determines that
this provision may be waived; and
B.
Telecommunications towers and accessory facilities
or structure (yard area requirements) shall comply with all existing
setback requirements of the underlying zoning district or shall be
equal to 1/2 of the height of the proposed communications tower, whichever
is greater. Accessory facilities or structures shall comply with the
minimum setback requirements in the underlying zoning district.
A.
No permit for the construction of a telecommunications tower(s) or antenna(s) shall be issued for the installation or constructed until the site plan is reviewed and approved by the Planning Commission pursuant to § 212-4. The site plan application shall include, in addition to the other requirements for site plan review under the existing Zoning Ordinance of the village, the following additional information:
(1)
Name(s) and address(es) of person(s) preparing the
report.
(2)
Name(s) and address(es) of the property owner, operator
and applicant.
(3)
Postal address and Tax Map page, block and lot or
parcel number of the property.
(4)
Zoning district in which the property is situated.
(5)
Size of the property on which the proposed construction
is to occur and the location of all adjoining lot lines within 400
feet.
(6)
Location of nearest residential structure, measured
in feet.
(7)
Location of nearest occupiable structure, measured
in feet.
(8)
Location of all structures, existing and proposed,
on the property which is the subject of the application.
(9)
Location, size and height of all proposed and existing
antennas and all appurtenant structures.
(10)
Type, size and location of all proposed and
existing mitigating landscaping.
(11)
The number, type and design of the tower and
antenna(s) proposed and the basis for the calculations of tower and
system capacity.
(12)
The make, model and manufacturer of the communications
tower and antenna(s) with the supporting construction details.
(13)
A description of the proposed tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including but not limited to height above grade, materials, color
and lighting.
(14)
The frequency, modulation and class of service
of radio equipment.
(15)
Transmission and maximum effective radiated
power of the antenna(s).
(16)
Direction of maximum lobes and associated radiation
of the antenna(s).
(17)
Applicant's proposed tower maintenance and inspection
procedures and records systems.
(18)
Certification that NIER levels at the proposed
site are within threshold levels adopted by the FCC.
(19)
Certification that the proposed antenna(s) will
not cause interference with existing communications devices.
(20)
Certification to the village that the tower
and attachments both are designed and constructed ("as built") to
meet all state and federal structural requirements for loads, wind,
ice, etc.
(21)
A written statement wherein the applicant agrees
to defend and indemnify the village and any of its servants, agents
or employees from any and all claims made in connection with the installation,
construction, use or operation.
(22)
A copy of its FCC license.
B.
The applicant shall submit a complete long EAF and
a complete visual environmental assessment form (visual EAF addendum).
The Planning Commission, as a referral agency of the village, may
require submission of a more detailed visual analysis based on the
results of the visual EAF.
C.
The Planning Commission will require the applicant
to undertake a visual impact assessment, which may include the following:
(1)
A "zone of visibility" map shall be provided in order
to determine locations where the tower may be seen.
(2)
Pictorial representations of "before" and "after"
views from key viewpoints both inside and outside of village, including
but not limited to state highways, and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Commission
shall determine the appropriate key sites at a presubmission conference
with the applicant.
(3)
Assessment of the visual impact of the tower base,
guy wires and accessory buildings from abutting properties and street.
D.
The Commission may require, if there isn't any natural
screening, native evergreen shrubs or trees capable of forming a continuous
hedge at least 10 feet in height at time of planting, to effectively
screen the telecommunications tower base and accessory facility. In
the case of poor soil conditions, planting may be required on soil
berms to assure plant survival. Plant height in these cases shall
include the height of any berm.
A.
All communications towers and accessory facilities
shall be sited so as to have the least practical adverse visual effect
on the environment and residences in the area of the tele-communications
tower site.
B.
Accessory facilities shall maximize use of building
materials, color and textures designed to blend with the natural and
existing development surroundings.
C.
Existing on-site vegetation shall be preserved to
the maximum extent possible, and no cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to approval of the special use permit. Clear-cutting
of trees in a single contiguous area exceeding 20,000 square feet
shall be prohibited.
D.
A road and parking plan shall be provided to assure
adequate emergency and service access. Maximum use of existing roads,
public or private, shall be made. Road construction shall at all times
minimize ground disturbance and vegetation cutting to within the top
of fill, the top of cuts and no more than 10 feet beyond the proposed
edge of any pavement. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
Telecommunications sites require twenty-four-hour, three-hundred-sixty-five-day-a-year
access for emergency response and repairs, and therefore local laws
and requirements should not generally impose access limits except
insofar as required by practical necessity. Usual requirements regarding
weight and carrying capacity for emergency vehicles should apply to
access roads.
E.
In the event that a telecommunications tower and/or
accessory facility is no longer used for the purpose specified in
the application or the telecommunications tower and/or accessory facility
ceases operations for a period of 180 days, the applicant, its successors
or assigns shall dismantle and remove such tower structures and facilities
from the site and restore the site to its original condition within
90 days of receipt of written notice from the Planning Commission.
If the owner of the property upon which the telecommunications tower
is located wishes to retain any access roadway to the telecommunications
tower, the owner may do so with the approval of the Planning Commission.
G.
Telecommunications towers shall be grounded so as
to protect person and property and shall be installed with surge protectors.
The applicant will provide the village written certification of proper
grounding.
H.
The Planning Commission is authorized to hire any
consultant(s) and/or expert(s) necessary to assist the Commission
in reviewing and evaluating the application. Prior to processing the
application the applicant will establish an escrow account with sufficient
funds to reimburse the village for all costs and expenses incurred
by the village for the consultant's/expert's evaluation and consultation
with the Commission. Notice of the hiring of a consultant/expert shall
be given to the applicant prior thereto.
I.
Prior to the approval of any application for a telecommunications
tower site, a public hearing shall be held by the Planning Commission,
notice of which shall be published in the official newspaper for the
village. The applicant shall be required to reimburse the village
for all cost related to the mailing of the notice of the public hearing
directly to all landowners whose property is located within 1,500
feet of the property line of the parcel on which a tower is proposed.
Notice shall also be mailed to the administrator of any state or federal
parklands from which the proposed tower would be visible if constructed.
J.
The applicant, its successors or assigns shall file
annually with the village, on the anniversary date of the granting
of the special permit by the Planning Commission, a professional engineer's
written report certifying that the applicant, its successors or assigns
are complying with its maintenance and inspection procedures and records
system, and that the telecommunications tower and all accessory structures
is not a hazard or a threat of a hazard to the health and safety of
the public. Failure of the applicant to file such report shall void
any authorization granted herein.
K.
In order to keep neighboring municipalities informed
and to facilitate the possibility of directing that an existing tall
structure or existing telecommunications tower in a neighboring municipality
be considered for shared use, the Planning Commission shall require
that the applicant provide an intermunicipal notification for new
towers as follows:
(1)
An applicant who proposes a new telecommunications
tower in the village shall notify, in writing, the legislative body
of each municipality that borders the village and the Albany County
Planning Board. Notification shall include the exact location of the
proposed Communications Tower and a general description of the project,
including, but not limited to, the height of the tower and its capacity
for future shared use; and
(2)
Documentation of this notification shall be submitted
to the Planning Commission at the time of application. Notification
shall be by certified mail.
L.
All communications cable leading to and away from
any new telecommunications tower shall be installed underground and
in compliance with the laws, rules and regulations of the village.
Upon a find by the Planning Commission that, due to special conditions
particular to the site, underground installation may cause extraordinary
and unnecessary hardship, the Planning Commission will send the case
to the Zoning Board of Appeals for waiver or variance of the requirements
of underground installation whenever, in the opinion of the Planning
Commission, such variance or waiver shall not be detrimental to the
public health, safety or general welfare. The site plan applicant
desiring such a waiver shall file a written request at the time the
application is added to the Planning Commission agenda, setting forth
why the waiver should be granted.
The following are exempt from the provisions
of this chapter:
A.
The repair and maintenance of permitted communications
towers and antennas.
B.
Conventional television and radio antennas when used
exclusively for and are attached to an existing single/duplex dwelling
and is less than the height measurement allowed for in the zoning
district in which the antenna is proposed.
C.
Home and business satellite/dish antennas when used
exclusively for the home or business and is attached to the existing
building or structure and is less than the height measurement allowed
for in the zoning district in which the satellite/dish antenna is
proposed.
D.
Lawful or approved uses existing prior to the effective
date of this chapter.
