The Telecommunications Act of 1996 affirmed the Town of Wheatland’s
authority concerning the placement, construction and modification of wireless
telecommunications facilities. The Town of Wheatland finds that wireless telecommunications
facilities may pose significant concerns to the health, safety, public welfare,
character and environment of the Town and its inhabitants. The Town also recognizes
that facilitating the development of wireless service technology can be an
economic development asset to the Town and of significant benefit to the Town
and its residents. In order to insure that the placement, construction or
modification of wireless telecommunications facilities is consistent with
the Town’s land use policies, the Town is adopting a single, comprehensive
wireless telecommunications facilities application and permit process. The
intent of this chapter is to minimize the negative impact of wireless telecommunications
facilities, establish a fair and efficient process for review and approval
of applications, assure an integrated, comprehensive review of environmental
impacts of such facilities, and protect the health, safety and welfare of
the Town of Wheatland.
This chapter shall be known and cited as the “Wireless Telecommunications
Facilities Siting Local Law for the Town of Wheatland.”
For purposes of this chapter, and where not inconsistent with the context
of a particular section, the defined terms, phrases, words, abbreviations,
and their derivations shall have the meaning given in this section. When not
inconsistent with the context, words in the present tense include the future
tense, words used in the plural number include words in the singular number
and words in the singular number include the plural number. The word “shall”
is always mandatory, and not merely directory.
ACCESSORY FACILITY or STRUCTURE
An accessory facility or structure serving or being used in conjunction
with wireless telecommunications facilities, and located on the same property
or lot as the wireless telecommunications facilities, including, but not limited
to, utility or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmits or receives electromagnetic
waves or radio frequency or other wireless signals. Such shall include, but
not be limited to, radio, television, cellular, paging, personal telecommunications
services (PCS), microwave telecommunications and services not licensed by
the FCC, but not expressly exempt from the Town’s siting, building and
permitting authority.
APPLICANT
Any wireless service provider submitting an application for a special
use permit for wireless telecommunications facilities.
APPLICATION
All necessary and appropriate documentation that an applicant submits
in order to receive a special use permit for wireless telecommunications facilities.
BOARD
The Town Board of the Town of Wheatland.
COLLOCATION
The use of a tower or structure to support antennas for the provision
of wireless services without increasing the height of the tower or structure.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable in commerce,
the cause or occurrence of which could not have been reasonably anticipated
or foreseen and that jeopardizes the financial efficacy of the project. The
inability to achieve a satisfactory financial return on investment or profit,
standing alone, shall not deem a situation to be commercial impracticable
and shall not render an act or the terms of an agreement commercially impracticable.
COMPLETED APPLICATION
An application that contains all information and/or data necessary
to enable an informed decision to be made with respect to an application.
FAA
The Federal Aviation Administration, or its duly designated and authorized
successor agency.
FCC
The Federal Communications Commission, or its duly designated and
authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured from
the preexisting grade level to the highest point on the tower or structure,
even if said highest point is an antenna or lightning protection device.
MODIFICATION or MODIFY
The addition, removal or change of any of the physical and visually
discernable components or aspects of a wireless facility, such as antennas,
cabling, radios, equipment shelters, landscaping, fencing, utility feeds,
changing the color or materials of any visually discernable components, vehicular
access, parking and/or an upgrade or changeout of equipment for better or
more modern equipment. Adding a new wireless carrier or service provider to
a telecommunications tower or telecommunications site is a modification. A
modification shall not include the replacement of any components of a wireless
facility where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance of a wireless
facility without adding, removing or changing anything.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership, joint-stock
company, association of two or more persons having a joint common interest,
or any other entity.
SPECIAL USE PERMIT
The official document or permit by which an applicant is allowed
to construct and use wireless telecommunications facilities as granted or
issued by the Town.
STEALTH or STEALTH TECHNOLOGY
Minimize adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally
the same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically intrusive
facility that is not technologically or commercially impracticable under the
facts and circumstances.
STATE
The State of New York.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data, and other
information by wire, radio frequency, light, and other electronic or electromagnetic
systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in the definition
of “wireless telecommunications facilities.”
TEMPORARY
Temporary in relation to all aspects and components of this chapter;
something intended to, or that does, exist for fewer than 90 days.
TOWN
The Town of Wheatland.
WIRELESS TELECOMMUNICATIONS FACILITIES (means and includes a “telecommunications
tower” and “tower” and “telecommunications site”
and “personal wireless facility”)
A structure, facility or location designed, or intended to be used
as, or used to support, antennas or other transmitting or receiving devices.
This includes, without limit, towers of all types and kinds and structures
that employ camouflage technology, including, but not limited to, structures
such as a multistory building, church steeple, silo, water tower, sign or
other structures that can be used to mitigate the visual impact of an antenna
or the functional equivalent of such, including all related facilities such
as cabling, equipment shelters and other structures associated with the site.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal telecommunications services,
commercial satellite services, microwave services and services not licensed
by the FCC, but not expressly exempt from the Town’s siting, building
and permitting authority, excluding those used exclusively for the Town’s
fire, police or exclusively for private, noncommercial radio and television
reception and private citizen’s bands, amateur radio and other similar
noncommercial telecommunications where the height of the facility is below
the height limits set forth in this chapter.
In order to ensure that the placement, construction, and modification
of wireless telecommunications facilities protects the Town’s health,
safety, public welfare, environmental features, the nature and character of
the community and neighborhood and other aspects of the quality of life specifically
listed elsewhere in this chapter, the Town hereby adopts an overall policy
with respect to a special use permit for wireless telecommunications facilities
for the express purpose of achieving the following goals:
A. Implementing an application process for person(s) seeking
a special use permit for wireless telecommunications facilities;
B. Establishing a policy for examining an application for
and issuing a special use permit for wireless telecommunications facilities
that is both fair and consistent.
C. Establishing reasonable time frames for granting or not
granting a special use permit for a telecommunications tower, or recertifying
or not certifying, or revoking the special use permit granted under this chapter.
D. Promoting and encouraging, wherever possible, the sharing
and/or collocation of wireless telecommunications facilities among service
providers;
E. Promoting and encouraging, wherever possible, the placement,
height and quantity of wireless telecommunications facilities in such a manner,
including but not limited to the use of stealth technology, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other facilities
adjacent to, surrounding, and in generally the same area as the requested
location of such wireless telecommunications facilities, which shall mean
using the least visually and physically intrusive facility that is not technologically
or commercially impracticable under the facts and circumstances.
All wireless telecommunications facilities and antennas shall be located,
fenced or otherwise secured in a manner that prevents unauthorized access.
Specifically:
A. All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to individuals and constructed
or shielded in such a manner that they cannot be climbed or collided with;
and
B. Transmitters and telecommunications control points shall
be installed in such a manner that they are readily accessible only to persons
authorized to operate or service them.
Wireless telecommunications facilities shall contain a sign no larger
than four square feet in order to provide adequate notification to persons
in the immediate area of the presence of an antenna that has transmission
capabilities and shall 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
on the equipment shelter or cabinet of the applicant and be visible from the
access point of the site and must identify the equipment owner of the shelter
or cabinet. The sign shall not be lighted, unless lighting is required by
applicable law, rule or regulation. No other signage, including advertising,
shall be permitted.
All proposed towers and any other proposed wireless telecommunications
facility structures shall be set back from abutting parcels, recorded rights-of-way
and road and street lines by the greater of the following distances: a distance
equal to the height of the proposed tower or wireless telecommunications facility
structure plus 10% of the height of the tower or structure, or the existing
setback requirement of the underlying zoning district, whichever is greater.
Any Accessory structure shall be located so as to comply with the applicable
minimum setback requirements for the property on which it is situated.
The extent and parameters of a special use permit for wireless telecommunications
facilities shall be as follows:
A. Such special use permit shall be nonexclusive;
B. Such special use permit shall not be assigned, transferred
or conveyed without the express prior written notification to the Town;
C. Such special use permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled, or terminated for
a violation of the conditions and provisions of the special use permit, or
for a material violation of this chapter after prior written notice to the
holder of the special use permit.
The applicant and the owner of record of any proposed wireless telecommunications
facilities property site shall, at their cost and expense, be jointly required
to execute and file with the Town a bond, or other form of security acceptable
to the Town as to type of security and the form and manner of execution, in
an amount of at least $75,000 and with such sureties as are deemed sufficient
by the Town to assure the faithful performance of the terms and conditions
of this chapter and conditions of any special use permit issued pursuant to
this chapter. The full amount of the bond or security shall remain in full
force and effect throughout the term of the special use permit and/or until
any necessary site restoration is completed to restore the site to a condition
comparable to that which existed prior to the issuance of the original special
use permit.
In order to verify that the holder of a special use permit for wireless
telecommunications facilities and any and all lessees, renters, and/or licensees
of wireless telecommunications facilities place and construct such facilities,
including towers and antennas, in accordance with all applicable technical,
safety, fire, building, and zoning codes, laws, ordinances and regulations
and other applicable requirements, the Town may inspect all facets of said
permit holder’s, renter’s, lessee’s or licensee’s
placement, construction, modification and maintenance of such facilities,
including, but not limited to, towers, antennas and buildings or other structures
constructed or located on the permitted site.
The holder of the special use permit shall, annually, certify to the
Town that NIER levels at the site are within the threshold levels adopted
by the FCC.
Any applicant desiring relief, waiver or exemption from any aspect or
requirement of this chapter may request such at the preapplication meeting,
provided that the relief or exemption is contained in the original application
for either a special use permit or, in the case of an existing or previously
granted special use permit, a request for modification of its tower and/or
facilities. Such relief may be temporary or permanent, partial or complete.
However, the burden of proving the need for the requested relief, waiver or
exemption is solely on the applicant to prove. The applicant shall bear all
costs of the Town in considering the request and the relief, waiver or exemption.
No such relief or exemption shall be approved unless the applicant demonstrates
by clear and convincing evidence that, if granted, the relief, waiver or exemption
will have no significant effect on the health, safety and welfare of the Town,
its residents and other service providers.
Where this chapter differs or conflicts with other laws, rules and regulations,
unless the right to do so is preempted or prohibited by the town, state or
federal government, this chapter shall apply.