The Town of Eden recognizes the increased demand for wireless communication
transmitting facilities and the need for the services they provide. Often,
these facilities require the construction of a communications tower and/or
similar facilities. The intent of this chapter is to regulate the location,
construction and modification of telecommunications facilities in accordance
with the guidelines of the Telecommunications Act of 1996 and other applicable
laws by:
A. Accommodating the need for telecommunications towers/antennas
while regulating their location and number in the community.
B. Minimizing adverse visual impacts of these towers/antennas
through proper siting, design and screening.
C. Preserving and enhancing the positive aesthetic qualities
of the natural environment and current development in the Town of Eden.
D. Providing for the health, safety and welfare of the community
by avoiding potential damage or other negative impact to adjacent properties
from tower failure, falling ice, etc., through proper siting and engineering.
E. Requiring the joint use of towers when available and
encouraging the placement of antennas on existing structures to minimize the
number of such structures in the future.
As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY STRUCTURE
A nonhabitable accessory facility or structure serving or being used
in conjunction with a communications tower and/or similar facility and usually
located on the same lot as the communications tower. Examples of such structures
include utility or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmits or receives frequency
signals. Such signals shall include but not be limited to radio, television,
cellular, paging, digital and/or data communications, personal wireless communication
services (PWS) and microwave communications.
TELECOMMUNICATIONS FACILITY
One or more towers, foundations, supporting devices, and/or antennas
and accessory structures used in connection with the provision of cellular
telephone service, personal communications services, digital and/or data communication
services, paging services, radio and television broadcast services, switches
and/or routers and similar broadcast services (also referred to as "facilities"
or equipment").
TOWER
A structure designed or used to support antennas and/or satellite
dishes. It includes, without limit, freestanding towers, guyed towers, monopoles
and similar structures which do or which do not employ camouflage technology.
The following criteria will be considered by the Town prior to the approval/denial
of a request for a site plan approval and/or a tower special permit. The criteria
listed may be used as a basis to impose reasonable conditions on the applicant.
All denials shall be in writing and supported by substantial evidence contained
in a written record. Tower special permits are nonassignable and nontransferable.
A. Siting preferences.
(1) The Town may express a preference for an alternative
site(s) and/or that the proposed telecommunications facility be located in
a higher intensity use district or on higher intensity use property, provided
that there is a technologically feasible and available location.
(2) A guideline for the Town's preference, from most
desirable to least desirable zoning districts/property, is as follows:
(a) Property with an existing structure suitable for collocation.
(b) Municipal or government-owned property.
(d) RR, GB, OB, C or A Districts.
(e) LB or SR, SR* or HR Residential Districts or sites which
are in close proximity to significant historic sites and/or important preservation/conservation
areas.
(3) Where a tower is identified for possible co-location,
but the tower is unable to accommodate a new telecommunications facility,
for example, the tower is full or the tower is too short, the applicant shall
show reasonable efforts to work with the existing tower owner and attempt
to augment the tower in order to accommodate the new telecommunications facility.
(4) Any request by the Town for information or technical
analysis on a preferred alternate site shall be provided by the applicant
at its sole cost and shall not unreasonably delay the application.
B. Aesthetics. Telecommunications facilities 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 effect on neighboring residences to the
extent possible, the Planning Board and/or the Town Board may impose reasonable
conditions on the applicant, including but not limited to the following:
(1) Tower height and design are matters of primary public
concern.
(a) The Board may require a monopole or guyed tower (if sufficient
land is available to the applicant) instead of a freestanding tower. Monopoles
are a preferred design.
(b) The Board may impose reasonable restrictions and/or conditions
on height. For example, the Board may reasonably determine that adverse impact
upon the community will be best mitigated by requiring the applicant to construct
multiple towers of lower height at several different locations to meet the
applicant's demonstrated service coverage requirement(s) or that the
tower height be reduced in the future if the applicant is unable to demonstrate
a continuing need for the approved height in light of changes in the applicant's
service coverage needs or technological advances.
(2) The Board may require reasonable landscaping consisting
of trees or shrubs to screen the base of the tower and/or to screen the tower
and any accessory structure or buildings to the extent possible from adjacent
residential property. Existing on-site trees and vegetation shall be preserved
to the maximum extent possible.
(3) The Board may require the applicant to show that it has
made good faith efforts to collocate on existing towers or other available
and appropriate structures and/or to construct new towers near existing towers
in an effort to consolidate visual disturbances. However, such request shall
not unreasonably delay the application.
(4) Towers should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements. Towers shall
be of a nonreflective finish; the color shall be subject to Board approval,
unless otherwise required by the FAA or the Town. Any lights which may be
required by the FAA or the Town shall not consist of strobe lights unless
specifically mandated by the FAA. The Town may require lights to be shielded
to minimize ground visual impact.
(5) No tower shall contain any signs or advertising devices.
Notwithstanding the foregoing, the Board may require appropriate signage indicating
ownership of the facility and phone numbers to call in case of emergency.
(6) The applicant must submit a copy of its policy regarding
collocation on the proposed tower with other potential future applicants.
Such policy should allow collocation under the following conditions:
(a) The new antenna(s) and equipment do not exceed structural
loading requirements, interfere with Town space used or to be used by the
applicant nor pose any technical or radio frequency interference with existing
equipment;
(b) The party desiring to collocate pays the applicant an
appropriate and reasonable sum to collocate; and
(c) The party desiring to collocate has a similar policy
of collocation for the applicant.
(7) The applicant shall be required, as a condition of approval,
to allow municipal communication services such as police, fire and EMS on
its towers.
(8) All other uses ancillary to the antenna and associated
equipment (including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the site unless otherwise permitted in the zoning
district in which the facility is located.
C. Radio frequency effect.
(1) The Planning Board and/or the Town Board shall impose
a condition on the applicant that the communication antenna will be operated
only at Federal Communication Commission (FCC) designated frequencies and
power levels and/or Environmental Protection Agency (EPA) technical exposure
limits and may periodically require that the applicant provide competent documentation
to support that maximum allowable frequencies, power levels and exposure limits
for radiation will not be exceeded. Applicants must provide the name and phone
number of one or more representatives or agents who will be available on a
twenty-four-hour basis to receive, investigate and respond to complaints of
alleged radio frequency interference emanating from any permitted site. It
shall be a condition of each permit that the permittee maintain a record of
every such complaint showing the date and time of the complaint, name and
address of the complaining party and the outcome of the processing of such
complaint. The permittee shall make all such records available to the Town,
upon request of the Town Code Enforcement Officer.
(2) Unless otherwise preempted by federal or state law, the
telecommunications facility shall be inspected every two years at the applicant's
expense for radio emissions, and a copy of the report shall be promptly delivered
to the Building and Zoning Inspector. Radio emission inspection shall be performed
by a New York State certified licensed professional engineer specializing
in electrical engineering with expertise in radio communication facilities.
The radio emission inspection shall describe the power density levels of the
electromagnetic energy generated from the facility, including the cumulative
effects of collocated antennas. In the event that the radio emission inspection
indicates that the electromagnetic energy generated from the facility is above
the allowable limits stated within applicable FCC or ANSI standards or other
applicable federal or state guidelines in effect at the time of the inspection,
the applicant shall cease all use of the facility until such time as it proves
to the satisfaction of the Building and Zoning Inspector that the power density
levels of the electromagnetic energy to be generated at the facility are below
the applicable standards.
D. Traffic, access and safety.
(1) A road turnaround and one parking space shall be provided
to assure adequate year-round emergency and service access. Maximum use of
existing roads, public or private, shall be made. The use of public roadways
or road rights-of-way for the siting of a tower or antenna(s) accessory structures
is prohibited.
(2) All towers and ground anchors, if applicable, shall be
enclosed by a fence not less than eight feet in height and otherwise sufficiently
protected from trespassing or vandalism.
(3) The applicant must comply with all applicable state and
federal regulations, including but not limited to FAA and FCC regulations
and from time to time may be required to provide certification of such compliance.
(4) It shall be a condition of each permit that the permittee
immediately notify the Town of Eden Police Department in the event of a failure
of any safety device at the telecommunications facility site, including, but
not limited to, tower lighting and perimeter security.
E. Removal of telecommunications facilities.
(1) The applicant shall agree to remove the telecommunications
facility if the telecommunications facility becomes obsolete or ceases to
be used for its intended purpose for 12 consecutive months, and to otherwise
restore the site to its condition prior to the installation of the telecommunications
facility. The Planning Board and/or the Town Board shall require the applicant
to provide an appropriate and adequate demolition bond for purposes of removing
the telecommunications facility in case the applicant fails to do so as required
above.
(2) The sufficiency of the demolition bond shall be confirmed
at least every five years by an analysis and report of the cost of removal
and property restoration to be performed by a New York State licensed professional
engineer, the cost of same to be borne by the applicant. If said analysis
and report determines that the amount of the bond in force is insufficient
to cover the removal, disposal and restoration costs, the bond shall be increased
to the amount necessary to cover such costs within 10 days of the applicant's
receipt of such report.
F. Structural safety.
(1) During the application process and after construction
of the tower, the applicant shall provide a certification from a qualified
New York State licensed professional engineer, certifying that the tower meets
applicable New York State and ANSI structural safety standards.
(2) Unless otherwise preempted by federal or state law, the
telecommunications facility shall be inspected every two years at the applicant's
expense for structural integrity, and a copy of the report shall be promptly
delivered to the Building and Zoning Inspector. The structural inspection
shall be performed by a New York State licensed professional engineer specializing
in structural engineering. The structural inspection report shall describe
the structural integrity of the facility, maintenance, issues and repairs
needed or made, if any. In the event that the structural inspections indicate
structural deficiencies, then the deficiencies must be remedied within the
time reasonably set by the Building and Zoning Inspector. Upon the applicant's
failure to do so, the permit may be revoked.
G. Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair. The Town may require
reasonable records of such maintenance to be kept and available for Town review
upon request.
The following are exemptions:
A. The tower and antenna(s) may be repaired and maintained
without restriction.
B. Antenna(s) used solely for residential household television
and radio reception.
C. Satellite antennas measuring two meters or less in diameter
and located in commercial districts and satellite antennas one meter or less
in diameter regardless of location. (Note: FCC rule regarding preemption of
local zoning and regulations for satellite antennas, 47 CFR Part 25.)
In the event of any conflicts or inconsistencies between this chapter and any other local law, including Chapter
225, Zoning, this chapter is meant to control for telecommunications towers and similar facilities in the Town unless otherwise specifically referenced in this chapter.
The Town Code Enforcement Officer or his designee shall be provided
access to any telecommunications facility or site for the purposes of ensuring
compliance with this and any other applicable code. Such access shall be upon
providing twenty-four-hour advance notification to the owner or operator of
any such facility or site.