This chapter shall be known and may be cited
as the "Town of Ontario Communications Installations and Telecommunication
Towers Local Law."
The Town Board of the Town of Ontario, Wayne
County, New York, acting under the authority of the Town Law of the
State of New York, hereby adopts and enacts this chapter as its Communication
Installations and Telecommunication Towers Local Law.
A.Â
The purposes of this chapter include the provision
for communication installations and telecommunication towers for the
enjoyment and convenience of the residents of the Town of Ontario,
while at the same time providing for the maximum protection of the
health, safety and aesthetic sensibilities of the residents.
B.Â
It is a further purpose of this chapter to mitigate
and minimize visual intrusion of such communication installations
and telecommunication towers, and to protect residents from unsafe
structures and equipment; to promote the health, safety and general
welfare of the residents of the Town of Ontario; to provide standards
for the safe provision of telecommunications consistent with applicable
federal and state regulations; and to protect the natural features
and aesthetic characteristics of the Town of Ontario.
C.Â
The Town of Ontario recognizes the increased demand
for wireless communications transmitting facilities and the need for
the services they provide. Often, these facilities require the construction
of communication towers. The unaesthetic intrusion of large or high
structures of unusual shape or size, monolithically towering above
standard-appearing homes and structures, can be disturbing to visual
sensitivities. The bulk and visual impact of such installations create
aesthetic problems making it appropriate to have some special limitations
as to size and placement thereof. The intent of this chapter is to
protect the Town's interest in properly siting towers in a manner
consistent with sound land use planning, while also allowing wireless
services providers to provide safe and adequate service.
D.Â
The proliferation of the construction and installation
of communication towers and other similar equipment and devices must
be controlled so as to protect the health, safety and welfare of the
citizens to the maximum degree possible, to coordinate and control
the same so as to preserve and protect the aesthetic qualities of
the Town of Ontario and its environs. Accordingly, this chapter is
enacted to accomplish this stated purpose, and the intent of this
chapter is to provide a means of controlling the installation and
maintenance of such installations. This chapter is furthermore intended
to provide a safe way to maintain the aesthetic character of and harmony
within the Town of Ontario.
E.Â
Among other things, reasonable controls contribute
to the good appearance of the Town, stabilize property values, assure
the safety of the owner and others and, in general, contribute to
the preservation of a pleasant community in which to work and live.
F.Â
This chapter shall be construed and administered so
as not to unduly hamper reasonably satisfactory reception of satellite
television signals.
G.Â
This chapter is intended to comply fully with the
Federal Telecommunications Act of 1996.
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a communication tower and located on the same
lot as the communication tower, including utility or transmission
equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
A structure designed to support antennas or upon which one
or more antennas are located. It includes without limit telecommunication
towers, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone, microwave
communications or for telecommunication but excluding those used either
for fire, police and other dispatch communications, or exclusively
for residential radio and television reception and private citizens
bands, amateur radio and other similar communications.
Includes all towers, base accessory building and equipment
necessary to complete the communication process located on one lot.
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
Environmental assessment form.
Nonionizing electromagnetic radiation.
A method of providing telecommunications band width by means
of a series of antennas, transmitters and reflectors on towers.
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.
Such land use or activity is not permitted by right and may be permitted only after a special use permit application has been duly submitted and authorized in accordance with this chapter and Chapter 150, Zoning, Article VII of the Town of Ontario. Such use is subject to the approval of the Planning Board.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
A structure on which one or more transmitting and/or receiving
antenna is located.
A.Â
No communication tower, telecommunication tower, communication
installation and/or pole shall hereafter be used, erected, moved,
reconstructed, changed or altered except after site plan review and
approval and any required special use permit and in conformity with
these regulations.
B.Â
No existing structure shall be modified to serve as
a communication tower, telecommunication tower, communication installation,
antenna and/or pole unless in conformity with this chapter and other
local laws of the Town of Ontario.
The following are exempt from the application
of this chapter:
