Communication towers and accessory structures are permitted in the following districts upon the issuance of a special permit by the Planning Board as set forth in this chapter and in Chapter 150, Zoning, Article VII, and upon the issuance of final site plan approval by the Town of Ontario Planning Board as set forth in Chapter 150, Zoning, Article VI, of the Code of the Town of Ontario consistent with New York State Town Law §§ 274-a and 274-b:
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Districts
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I Industrial Districts
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BT Business Transitional Districts
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AE Adult Entertainment Districts
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PD Public Utility Districts
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The maximum height for communication towers
permitted under this chapter, including any antennas, extensions or
other devices extending above the structure of the tower, measured
from the ground surface immediately surrounding the site shall be
250 in Industrial (I) and Adult Entertainment (AE) Districts, and
one hundred feet in Business Transitional (BT) and Public Utility
Districts (PD).
A special use permit shall be obtained as follows:
A.
The owner/applicant shall submit to the Planning Board Clerk a completed application and site plan under the provisions of Chapter 150, Zoning, Articles VI and VII, herein. Upon receipt of such application, the Planning Board will review with all supporting documents and in accordance with the procedures, general standards and requirements of said Articles VI and VII and with the further standards set forth herein and in New York State Town Law §§ 274-a and 274-b.
B.
Application and site plan. All applications for a special use permit and site plan approval shall be written application on forms provided by the Town of Ontario Planning Board Clerk or Building Department. In addition to the general requirements for a final site plan, as set forth in Article VI, § 150-38, the site plan shall include the following:
(1)
The location of the communication tower, together
with guy wires and guy anchors, if applicable, and approximate location,
size and height of all poles and existing antennas and all pertinent
structures.
(2)
A side elevation or other sketch of the tower showing
the proposed antennas.
(3)
The location of all structures on the property and
all structures on any adjacent property within 200 feet of the property
lines, together with the distance of these structures to the communication
tower.
(4)
The identification of property owners and existing
land uses for all sites on properties within 1,500 feet of the applicant's
site as shown on the Ontario Assessor's records.
(5)
The location, nature and extent of any proposed fencing,
landscaping and/or screening.
(6)
The location and nature of proposed utility easements
and access road, if applicable.
(7)
Inventory of all communication towers within the Town
of Ontario and within a two-mile radius of the proposed site outside
the boundaries of the Town of Ontario.
(8)
A completed environmental assessment form and visual
EAF addendum and a landscaping plan addressing other standards listed
within this section with particular attention to visibility from key
viewpoints within and outside of the municipality as identified in
the visual EAF. The board may require submittal of a more detailed
visual analysis based on the results of the visual EAF. Such more
detailed visual analysis may include:
(9)
A grid or map of all of the owner's/applicant's existing
communication tower site areas in the Town of Ontario and adjacent
towns and site areas proposed or projected by the owner/applicant
for installations for a period of five years.
(10)
Supplemental and special notice requirements.
(a)
At the time of application for site plan approval
or a special use permit, the applicant shall mail notice to the owners
of record of property within 1,500 feet of the property line of the
parcel on which a new tower is proposed. Notification shall be by
certified mail, return receipt requested, and documentation of the
mailing of the notification shall be submitted to the Board at the
time of the application.
(b)
To facilitate the possibility of shared use
or collocation, the applicant shall also provide intermunicipal notification
for new towers by notifying in writing the legislative body of towns
bordering the Town of Ontario. Similar notice shall be given to the
Wayne County Planning Board. The intermunicipal notification shall
include the proposed location of the new tower and a brief general
description of the facility including the height of the tower and
its capacity for future shared use. Documentation of this notification
shall be submitted to the Board at the time of the application.
Prior to the issuance of a special use permit
by the Planning Board or site plan approval by the Planning Board,
the following requirements shall be complied with:
A.
Preference for higher-intensity use districts. The
Planning Board may express a preference that the proposed 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. A guideline for the preference, from most favorable
to least favorable district/property, is as follows:
B.
Shared uses.
(1)
At all times, shared use of existing communication
towers shall be preferred to the construction of new towers. Additionally,
where such shared use is unavailable, location of antennas on preexisting
structures shall be considered. An applicant shall be required to
present an adequate report inventorying existing towers within reasonable
distance of the proposed site and outlining opportunities for shared
use of existing facilities and use of other preexisting structures
as an alternative to a new construction.
(2)
An applicant must submit evidence that existing facilities
do not have space on which planned equipment can be placed so it can
function effectively. This shall include but not be limited to, the
following:
(a)
The applicant shall contact the owners of all
existing or approved towers.
(b)
The applicant shall provide each contacted owner
with the engineer's report required herein.
(c)
The applicant shall request each contacted owner
to assess the following:
[1]
Whether the existing tower could accommodate
the antenna to be attached to the proposed tower without causing structural
instability or electromagnetic interference.
[2]
If the antenna cannot be accommodated, assess
whether the existing tower could be structurally strengthened or whether
the antennas and related equipment could be protected from interference.
[3]
Whether the owner is willing to make space available.
[4]
The projected cost of shared use.
(3)
In the case of new communication towers, the applicant
shall be required to submit a report demonstrating good faith efforts
to secure shared use from existing towers. Copies of written requests
and responses for shared use shall be provided.
(4)
The applicant must examine the feasibility of designing
a proposed communication tower to accommodate future demand for additional
commercial applications and shall design the tower for such shared
use unless this requirement is waived as set forth below. The feasibility
analysis shall include an assessment of the necessary structural changes
required to accommodate two additional antenna arrays. The scope of
this analysis shall be determined by the Planning Board. This requirement
may be waived, provided that the applicant demonstrates that the provisions
of future shared usage of the facility is not feasible and an unnecessary
burden, based upon:
(a)
The number of FCC licenses foreseeably available
for the area.
(b)
The kind of tower site and structure proposed.
(c)
The number of existing and potential licenses
without tower spaces/sites.
(d)
Available spaces on existing and approved towers.
(e)
Potential adverse visual impact by a tower designed
for shared usage.
(f)
Such other factors as may be deemed relevant
by the Planning Board.
(5)
Applicants are encouraged to consider and propose
the shared use of public emergency communications equipment, at no
charge, provided that the equipment and antennas to be added to the
tower do not interfere with the existing equipment or overload the
design for the tower.
C.
Aesthetics. In order to minimize any adverse aesthetic
effect on neighboring properties to the extent possible, a board may
impose reasonable conditions on the applicant, including the following:
(1)
All communication towers and accessory facilities
or structures shall be sited to have the least practical adverse visual
effect on the environment.
(2)
The number of towers and the maximum height of any
towers shall be no greater than is required in order to provide safe
and adequate service.
(3)
A monopole or guyed tower (if sufficient land is available
to the applicant) is generally preferred instead of a lattice-type
communication tower.
(4)
Any accessory facilities shall maximize use of building
materials, colors and textures designed to blend with natural surroundings.
(5)
No tower or accessory structure shall be illuminated
except as required by the Federal Aviation Administration (FAA); unless
the Planning Board deems it to be appropriate to identify towers for
air ambulance flights. In the instance where air ambulance lighting
is warranted, one 810 Dovale Obstruction Light shall be provided.
(6)
No communication tower shall contain any signs or
advertising devices except for an appropriately sized sign to provide
adequate notification to persons in the immediate area of the presence
of an antenna that has transmission capabilities. The sign shall contain
the name of the owner and operator of the antenna as well as emergency
phone numbers. No other signs shall be permitted on any antenna, supporting
structure or tower unless required by federal or state law or regulation.
(7)
All communication cable leading to and away from any
new telecommunication tower shall be installed underground and in
compliance with all the laws, rules and regulations of the Town. Upon
a finding by the Planning Board that, due to special conditions particular
to the site, underground installation may cause unnecessary hardship,
the Planning Board may waive or vary the requirements of underground
installation whenever, in the opinion of the Planning Board, such
variance or waiver shall not be detrimental to the public health,
or general welfare. The site plan applicant desiring such a waiver
shall file a written request, at the time the application is added
to the Planning Board's agenda, setting forth why the waiver should
be granted.
(8)
The applicant shall show that it has made good faith
efforts to collocate on existing towers or to construct new towers
near existing towers in an effort to consolidate and avoid visual
disturbances to the extent practical.
(9)
Reasonable landscaping consisting of trees, plantings,
shrubs to screen the base of the communication tower, accessory buildings
and/or to screen the tower to the extent possible from adjacent residential
property.
(10)
Towers should be designed and sited so as to
avoid whenever possible application of Federal Aviation Administration
(FAA) lighting and painting requirements. Towers shall be painted
a galvanized finish or blending color unless otherwise required by
the FAA or as designated by the Planning Board.
D.
Setbacks.
(1)
All communication towers and accessory structures
shall be set back from abutting residential parcels, public property
or right-of-way lines a distance sufficient to contain on site substantially
all ice-fall or debris from tower failure and preserve the privacy
of adjoining residential properties.
(2)
All communication tower bases must be located at a
minimum setback from any property line at a distance at least equal
to the tower height or a minimum setback at a distance which shall
be established at the discretion of the Planning Board as part of
the special permit and site plan approval procedures based on the
unique characteristics of the site, whichever of the foregoing is
greater. The minimum setback requirement of this subsection may be
increased at the discretion of the Planning Board as part of the site
plan approval procedures. Such tower design and collapse zone must
be acceptable to the Town Building Inspector.
(3)
All accessory structures must comply with the minimum
setback requirements of the underlying zoning district.
E.
Radio-frequency effects. It is recognized that federal
laws [Telecommunications Act of 1996, Public Law 104-104, Section
704 (February 8, 1996)] prohibit the regulation of cellular and personal
communication services and communication towers based on the environmental
effects of radio-frequency emissions where those emissions comply
with the Federal Communications Commission (FCC) standards for those
emissions. Communications antennas must be operated only at FCC designated
frequencies and power levels.
F.
Traffic, access and safety.
(1)
All roads and parking will be provided to assure adequate
emergency and service access. Maximum use of existing roads, public
or private, shall be made. Road construction shall be consistent with
standards for private roads and shall at all times minimize ground
disturbance and vegetation cutting to within the toe of fill, top
of cuts or no more than 10 feet beyond the edge of any pavement. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential. Public road standards
may be waived in meeting the objective of this subsection.
(2)
All communication towers and guy anchors, if applicable,
shall be enclosed to sufficiently protect 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.
(4)
All communication towers and guy wires or anchors
shall be made inaccessible and constructed or shielded in such a manner
that they cannot be climbed or run into.
(5)
Transmitters and control devices shall be installed
such that they are readily accessible only to persons authorized to
operate or service them and are designed and installed to the maximum
extent practicable to prevent the transmitter from deviating from
its authorized operating parameters and to prevent unauthorized persons
from causing the transmitter to deviate from its authorized operating
parameters.
(6)
Any telecommunications tower constructed or modified
shall be designed to minimally meet industry standards as documented
by the Electronics Industry Association (EIA) and Telecommunication
Industry Association (TIA) and, regardless of such standards, shall
be minimally designed to withstand sustained winds of 70 miles per
hour with one-half-inch radial ice. Any applicant shall supply a certification
from a New York State licensed engineer that the tower is in compliance
with such standards.
[Amended 3-11-2002 by L.L. No. 1-2002]
G.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible, and no cutting of trees
exceeding six inches in diameter (measured at a height of four feet
off the ground) shall take place prior to approval of the special
use permit. Clear-cutting of all trees in single contiguous areas
exceeding 20,000 square feet shall be prohibited.
H.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower from nearby residential
property as well as from public sites known to include important views
or vistas. Where the site abuts residential or public property, including
streets, the following vegetation screening shall be required. For
all communication towers, at least one row of native evergreen shrubs
or trees capable of forming a continuous hedge at least 10 feet in
height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. In the case of poor
soil conditions, planting may be required on soil berms to assure
plant survival. Plant height in these cases shall include the height
of any berm.
I.
Conditions. The Planning Board may impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed transmission tower, telecommunication tower, communication
installation, special use permit or site plan.
J.
Additional prerequisites for the Planning Board to
consider prior to taking action to issue a special use permit for
communication towers or telecommunications facilities.
(1)
A report from a professional engineer which shall:
(a)
Describe the need in the Town for the proposed
structure, its installation and use.
(b)
Describe the service area, and proposed level
of service within that service area, for each tower and antenna.
(c)
Describe the appropriateness of the proposed
site including factors, such as the following:
[1]
Availability of alternative, less intrusive
sites or opportunities for collocation.
[2]
Physical features and the general character,
present and probable future use and density of development in the
neighborhood.
[3]
Distance from existing and planned residential
development and public rights-of-way.
[4]
Suitability and adaptability of the site for
the proposed structure, considering, for example, the topography,
natural buffers, screening and fencing.
[5]
Size of the site chosen for the proposed facilities,
keeping in mind a parcel with an unoccupied area of sufficient size
so that all portions of the site could accommodate a toppled tower.
[6]
Noise, glare, vibration, electrical disturbances
or other objectionable consequences of the proposed installation.
(d)
Describe the effect of the proposed facilities
and use on the other properties in the neighborhood and whether such
installation or use will materially affect the value, use or enjoyment
of neighboring properties.
(e)
Describe the geographic coordinates of the facilities
as further defined on the applicant's FCC License Application (NAD-27
and NAD-83).
(f)
Demonstrate that the tower is structurally sound.
(g)
Describe how many and what kind of antennas
are proposed and how many and what kinds of antennas are possible
on the tower.
(h)
Demonstrate that the site can contain on site
substantially all ice-fall or debris from tower failure.
(i)
Include a copy of the applicant's FCC construction
permit, including any requirements from the Federal Aviation Administration
(FAA).
The applicant and the owner of record of the
premises shall be required to execute and file with the Town Clerk
of the Town of Ontario a bond or other form of security acceptable
to the Town Attorney and Town Financial Officer as to form and manner
of execution, in an amount sufficient for the faithful performance
of the terms and conditions of this chapter, the conditions of the
permit or approval issued hereunder, for the observation of all Town
local laws or ordinances, to cover the maintenance of the tower during
its lifetime and provide for its removal. The amount required shall
be determined by the Planning Board in its special use permit procedure
and site plan approval procedure. In the event of default upon the
performance of any of such conditions or any of them, the bond or
security shall be forfeited to the Town of Ontario, which shall be
entitled to maintain an action thereon. The bond or security shall
remain in full force and effect until the removal of the transmission
tower, telecommunication tower, communication installation, communication
tower and accessory facility/structure, and site restoration.
The special use permit and site plan approval
shall expire upon:
A.
The failure to commence active operation of the communication
tower, communication installation, telecommunication tower or accessory
facility/structure within 12 months of the issuance of a special use
permit by the Planning Board or final site plan approval by the Planning
Board; or
B.
The discontinuance of the active and continuous operation
of the communication tower, telecommunication tower, communication
installation, telecommunication tower or accessory facility/structure
for a continuous period of 12 months, regardless of any reservation
of an intent not to abandon or discontinue the use or an intent to
resume active operations.
A.
Approval of a new commercial communication tower facility
or the expansion or modification of any existing commercial tower
facility shall be conditioned upon the owner's and applicant's agreement
to remove such facility once it is no longer used.
B.
Failure to dismantle and remove a facility and restore
the site to its natural state within 90 days after said facility has
been declared abandoned by the Town Board will result in forfeiture
of said letter of credit or cash bond posted by said owner or user
of said facility.
C.
From time to time, the Town Board or the Planning Board, at the Town Board's direction, may review the special use permit or site plan approval to ascertain if the requirements, conditions and restrictions of this chapter are being substantially complied with in good faith. In the event that, upon review, the Town Board or Planning Board finds that the site is not in accordance with the approved building and site plans and the requirements, conditions and/or restriction of this chapter or of the special use permit are not being substantially complied with, the enforcement procedures under Chapter 150, Zoning, Article X, shall be invoked and/or the special use permit shall be canceled or terminated within a specific period of time unless the requirements, conditions and restrictions are complied with after reasonable notice.
