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.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY FACILITY OR STRUCTURE
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.
ANTENNA
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.
COMMUNICATION TOWER
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.
COMMUNICATION INSTALLATIONS
Includes all towers, base accessory building and equipment
necessary to complete the communication process located on one lot.
EPA
The Environmental Protection Agency.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
EAF
Environmental assessment form.
NIER
Nonionizing electromagnetic radiation.
MICROWAVE
A method of providing telecommunications band width by means
of a series of antennas, transmitters and reflectors on towers.
SATELLITE ANTENNA
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.
SITE PLAN
A plan or plans of a lot, subdivision or proposed development that is prepared for site plan review pursuant to the provisions of Article
VI of Chapter
150, Zoning.
SPECIAL USE
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.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
The following are exempt from the application
of this chapter:
A. The repair and maintenance of existing communication
towers and antennas.
B. Antennas used solely for residential household television
and radio reception.
C. Lawful or approved uses existing prior to the effective
date of this chapter.