A.
The Planning Board is hereby authorized to review and approve, approve
with modifications or disapprove special use permits for telecommunications
facilities pursuant to this chapter. The Planning Board shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed telecommunications
facility, including the use of camouflage of the tower structure and/or
antenna to reduce visual impact.
B.
Except as provided below, no telecommunications facility shall hereafter
be erected, moved, reconstructed, changed or altered and no existing
structure shall be modified to serve as a telecommunications facility,
except after obtaining a special use permit in conformity with this
chapter.
C.
Telecommunications antennas placed on existing telecommunications
towers or on existing structures do not require a special use permit,
unless the existing tower or structure is located in a residential
district, or unless it will be modified in such a way as to increase
its height, or a new accessory structure would be built.
D.
The Planning Board may waive any or all of the requirements for approval
for applicants proposing minor changes to existing facilities and
for applicants proposing the use of camouflage for a telecommunications
tower when the Board finds that such camouflage significantly reduces
visual impact to the surrounding area. However, the Board may not
waive the requirement that a public hearing be held on the application.
E.
No building permit shall be issued until the applicant provides proof
that space on the facility has been leased or will be operated by
a provider licensed by the FCC to provide service in the area.
F.
On property owned by the City of Cohoes, a telecommunications facility
shall be permitted upon the execution of a lease with the City and
upon issuance of a building permit. All leases are subject to the
approval of the Common Council as set forth in the Charter of the
City of Cohoes and shall address relevant issues of safety, height,
aesthetics, setbacks, future expansion, and collocation. Said lease
with the City shall not require review or approval by the Planning
Board.
No special use permit relating to a telecommunications facility
shall be authorized by the Planning Board unless it finds that such
facility:
A.
Is necessary to provide adequate service to locations that the applicant
is not able to serve with existing facilities;
B.
Conforms to all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration, and other
federal agencies;
C.
Will be designed and constructed in a manner which minimizes visual
impact to the extent practical; and
D.
Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility.
The Planning Board shall promulgate necessary submission requirements to be part of any application. The Board may waive submission requirements for applicants proposing minor changes in conformity with § 285-100D above.
The shared use of existing telecommunications towers or other
structures shall be preferred to the construction of new facilities.
Any special use permit application, renewal or modification thereof
shall include proof that reasonable efforts have been made to collocate
within an existing telecommunications facility or upon an existing
structure within a reasonable distance, regardless of municipal boundaries,
of the site. The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facilities
due to one more of the following reasons:
A.
The planned equipment would exceed the structural capacity of the
existing and approved telecommunications facilities or other structures,
considering existing and planned use for those facilities;
B.
The planned equipment would cause radio frequency interference with
other existing or planned equipment, which cannot be reasonably prevented;
C.
Existing or approved telecommunications facilities or other structures
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably;
D.
Other technical reasons make it impracticable to place equipment
proposed by the applicant on existing facilities or structures; and
E.
The property owner or owner of the existing telecommunications facility
or other structure refuses to allow such a collocation or requests
an unreasonably high fee for such collocation compared to current
industry rates.
Telecommunications facilities shall be constructed so as to
minimize the potential safety hazards and be located in such a manner
that if the facility should fall, it will remain within the property
boundaries and avoid habitable structures, public streets, utility
lines and other telecommunications facilities.
Telecommunications facilities shall comply with all existing
setbacks within the affected zone. Setbacks shall apply to all tower
parts, including guy wire anchors, and to any accessory facilities.
Additional setbacks may be required by the Planning Board to contain
on-site substantially all icefall or debris from tower failure and/or
to preserve privacy of adjoining residential and public property.
A.
Lighting. Towers shall not be artificially lighted except to assure
human safety as required by the Federal Aviation Administration (FAA).
Notwithstanding, an applicant may be compelled to add FAA-style lighting
and marking if, in the judgment of the Planning Board, such a requirement
would be of direct benefit to public safety. The Board may choose
the most appropriate lighting and marking plan from the options acceptable
by the FAA at that location. The applicant must provide both standard
and alternative lighting and marking plans for the Board's review.
B.
Visibility and aesthetics.
(1)
The maximum height for telecommunications towers permitted under
this article, including any antennas or other devices extending above
the tower, measured from the ground surface shall be 150 feet.
(2)
Towers shall be a galvanized finish or painted gray above the
surrounding tree line and painted gray, green, black or similar colors
designed to blend into the natural surroundings below the surrounding
tree line unless other standards are required by the FAA. Towers should
be designed and sited so as to avoid, whenever possible, application
of FAA lighting and painting requirements. Accessory uses shall maximize
use of building materials, colors and textures designed to blend with
the natural surroundings.
(3)
The project shall be designed to blend with the natural and/or
man-made surroundings to the maximum extent practicable.
(4)
Structures offering slender silhouettes (i.e., monopoles or
guyed towers) may be preferable to freestanding lattice structures
except where such freestanding structures offer capacity for future
shared use. The Planning Board may consider the type of structure
being proposed and the surrounding area.
(5)
The applicant must examine the feasibility of designing a proposed
telecommunications tower to accommodate future demand for additional
facilities.
C.
Vegetation and screening.
(1)
Existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in
diameter shall take place prior to approval of the special use permit.
Clear-cutting of all trees in a single contiguous area shall be minimized
to the extent possible.
(2)
The Planning Board may require appropriate vegetative buffering
around the fences of the tower base area, accessory structures and
the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas, waterways, historic or scenic areas,
or public roads.
A.
A road and parking will be provided to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made. Road construction shall be consistent with standards
for private roads and shall at all times minimize ground disturbance
and vegetation cutting. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
B.
Equipment or vehicles shall not be stored on the facility site.
The use of any portion of a telecommunications facility for
signs for promotional or advertising purposes, including but not limited
to company name, phone numbers, banners, streamers, and balloons,
is prohibited. The Planning Board may require the installation of
signage with safety information.
A.
Towers, anchor points around guyed towers, and accessory structures
shall each be surrounded by fencing not less than six feet in height.
B.
There shall be no permanent climbing pegs within 15 feet of the ground.
C.
Motion-activated or staff-activated security lighting around the
base of a tower or accessory structure entrance may be provided if
such lighting does not project off the site.
D.
A locked gate at the junction of the accessway and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such gate
must not protrude into the public thoroughfare.
A.
All telecommunications facilities shall be built, operated and maintained
to acceptable industry standards. Each application must contain a
site plan for the facility containing the signature of an engineer
licensed by the State of New York.
B.
Every facility shall be inspected at least every second year for
structural integrity by a New York State licensed engineer. A copy
of the inspection report shall be submitted to the City of Cohoes.
At the time of submission of the application for a telecommunications
facility, the applicant shall submit an agreement to remove all antennas,
driveways, structures, buildings, equipment sheds, lighting, utilities,
fencing, gates, accessory equipment or structures, as well as any
tower used as a telecommunications facility, if such facility becomes
technologically obsolete or ceases to perform its originally intended
function for more than 12 consecutive months. Upon removal, the land
shall be restored to its previous condition, including but not limited
to the seeding of exposed soils.
The following types of telecommunications facilities are not
subject to the provisions of this article:
Telecommunications facilities in existence as of March 26, 2002,
that do not conform to or comply with this article are subject to
the following provisions:
A.
Telecommunications facilities may continue in use for the purpose
now used and as now existing, but may not be replaced or structurally
altered without complying in all respects with this article.
B.
If an existing facility is hereafter damaged or destroyed due to
any reason or cause, the facility may be replaced or restored to its
former use, location, and physical dimensions without complying with
this article, provided that if the cost of repairing the facility
to the former use, physical dimensions and location would be 10% or
more of the cost of a new facility of like kind and quality, then
the facility may not be repaired or restored except in full compliance
with this article.
