Placement of telecommunication towers is restricted to certain
areas within the Town of Lake George. The restricted areas are as
follows:
A. One thousand feet from the Adirondack Northway (I-87), as measured
perpendicular to the right-of-way.
B. In the RCM-1 Zoning District on the west side of I-87.
C. In all LC-50 Zoning Districts.
D. Telecommunication towers are specifically excluded from all other
zones within the Town of Lake George.
At all times, shared use of existing tall structures (for example,
municipal water towers, multistory buildings, church steeples, farm
silos, etc.) and existing or co-location (use of existing or approved
towers) shall be preferred to the construction of new towers.
The Planning Board may consider a new telecommunication tower
when the applicant demonstrates that shared use of existing tall structures
and existing or approved towers is impractical. An applicant shall
be required to present an adequate report inventorying all existing
tall structures and existing or approved towers within a reasonable
distance of the proposed site. This distance shall be determined by
the Board in consultation with the applicant. The report shall outline
opportunities for shared use of these existing facilities as an alternative
to a proposed new tower. The report shall demonstrate good-faith efforts
to secure shared use from the owner of each existing tall structure
and existing or approved tower, as well as documentation of the physical,
technical and/or financial reasons why shared usage is not practical
in each case. Written requests and responses for shared use shall
be provided.
Where shared use of existing tall structures, and existing or approved towers, is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Article
IX, §
175-70, New telecommunication towers, above.
The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in Article
IX, §
175-70, New telecommunications towers, above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Article
IX, §
175-71, Shared usage of existing tower site for placement of new towers.
The applicant shall design a proposed new telecommunications
tower to accommodate future demand for reception and transmitting
facilities. The applicant shall submit to the board a letter of intent
committing the owner of the proposed new tower, and his/her successors
in interest, to negotiate in good faith for shared use of the proposed
tower by other telecommunications providers in the future. This letter
shall be filed with the Building Inspector prior to issuance of a
building permit. Failure to abide by the conditions outlined in the
letter may be grounds for revocation of the special permit. The letter
shall commit the new tower owner and his/her successors in interest
to:
A. Respond within 90 days to a request for information from a potential
shared use applicant.
B. Negotiate in good faith concerning future requests for shared use
of a new tower by other telecommunications providers.
C. Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay reasonable charges. The charge may include
but is not limited to a pro rate share of the cost of site selection,
planning, projection administration, land costs, site design, construction
and maintenance financing, return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
Alternative designs shall be considered for new towers, including
lattice and single-pole structures. The design of a proposed new tower
shall comply with the following:
A. Any new tower shall be designed to accommodate future shared use
by other telecommunications providers.
B. Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes its degree
of visual impact.
C. The maximum height of any new tower shall not exceed that which shall
permit operation without artificial lighting of any kind or nature,
in accordance with municipal, state, and/or federal law and/or regulation.
The Board at its discretion may modify this requirement if the applicant
can justify the need to exceed this height limitation.
D. The Board may request a review of the application by a qualified
engineer in order to evaluate the need for, and the design of, any
new tower. The cost of this review shall be borne by the applicant.
E. Accessory structures shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
F. No portion of any tower or accessory structure shall be used for
a sign or other advertising purpose, including but not limited to
company name, phone numbers, banners, and streamers.
The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Zoning Officer prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article
XI.
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, and to assist in the continued development
of County 911 Services, the Board shall require that:
A. An applicant who proposes a new telecommunication tower shall notify
in writing the legislative body of each municipality that borders
the Town of Lake George, the Warren County Planning Board, and the
Director of Warren County Emergency Services. Notification shall include
the exact location of the proposed 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.
B. Documentation of this notification shall be submitted to the Board
at the time of application.
The applicant shall be required to mail notice of the public
hearing directly to all landowners whose property is located within
500 feet of the property line of the parcel on which a new 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. Notification, in all cases, shall be made
by certified mail. Documentation of this notification shall be submitted
to the Board prior to the public hearing.