These definitions only apply to this article. Duplicate definitions
that are found in other sections of the chapter do not apply to this
section of the chapter.
ACCESSORY STRUCTURE OR FACILITY
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to generators or other emergency power supply
equipment, utility or transmission equipment storage sheds or cabinets,
or fencing.
ANTENNA or ANTENNAS
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunication services (PCS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the Town's siting, building, and permitting authority.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a particular return
or investment or profit, standing alone, shall not deem a situation
to be "commercially impracticable" and shall not render an act or
terms of an agreement "commercially impracticable."
HEIGHT
The distance measured from the preexisting grade level to
the highest point on the tower or structure, including any antenna
or lightning protection device.
LATTICE TOWER/TRUSS TOWER
A freestanding framework tower with three to four sides,
sometimes called a "self-supporting tower (SST)."
MODIFICATION or MODIFY
The addition, removal, or change of any of the physical and
visually discernable components or aspects of a wireless facility,
such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernable components, vehicular access, parking and/or an upgrade,
or change out of equipment for better or more modern equipment. Adding
a new wireless carrier or service provider to a telecommunications
tower or telecommunications site is a modification. A modification
shall not include the replacement of any components of a wireless
facility where the replacement is technically equivalent to the component
being replaced for any matters that involve the normal repair and
maintenance of a wireless facility.
PETITIONER
Any wireless service provider or agent submitting an application
for a special use permit for wireless telecommunications facilities.
RADIO ARRAY
A directional antenna or system of antennas for radio transmission
or reception.
SPECIAL USE PERMIT
The official document or permit by which a petitioner is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Town.
TEMPORARY
Temporary in relation to all aspects and components of this
article, something intended to, or that does, exist for fewer than
90 days.
WIRELESS TELECOMMUNICATIONS FACILITY
Any exterior facility, including an antenna, antenna array
or other communications equipment, excluding a satellite dish antenna
or small cell telecommunications facility, established for the purpose
of providing wireless voice, data, and image transmission within a
designated service area and which includes equipment consisting of
personal wireless services, as defined in federal law, including by
Federal Communications Commission orders or regulations. A telecommunications
facility must not be staffed. A telecommunications facility consists
of one or more antennas attached to a support structure and related
equipment. Equipment may be located within a building or an exterior
equipment cabinet.
WIRELESS TELECOMMUNICATIONS FACILITY, CO-LOCATION
Siting additional telecommunications facilities on an existing
structure or pole using the same base or support structure, without
the need to construct a new base structure. Co-location may include
siting multiple facilities from the same provider or from more than
one provider in the same location.
WIRELESS TELECOMMUNICATIONS FACILITY, SMALL-CELL OR MICRO-CELL
An exterior facility, excluding a satellite dish antenna,
established for the purpose of providing wireless voice, data and/or
image transmission within a designated service area. A small-cell
telecommunications facility must not be staffed, and consists of one
or more antennas attached to a support structure or building. Antennas
may not be larger than a maximum height of four feet and a maximum
width of two feet, six inches. These type units which fall under the
Federal Telecommunications Act will be processed in accordance with
this article.
WIRELESS TELECOMMUNICATIONS FACILITY, STEALTH
Any telecommunications facility that is integrated into an
architectural feature of a structure or the surrounding landscape
so that the facility and its purpose to provide wireless services
is not visually apparent or prominent.
WIRELESS TELECOMMUNICATIONS FACILITY, SUPPORT STRUCTURE
A monopole, tower, utility pole, existing light pole, building
or any other freestanding self-supporting structure or replacement
of equivalent dimensions which can safely support the installation
of a telecommunications facility.
Applications for telecommunications facilities shall propose,
locate, site and erect these facilities with priority being given
to co-located/existing structure sites first, and consideration given
to industrial, commercial and business sites, with residential locations
being the least preferred. A petitioner for a non-co-located antenna
or new structure may not bypass sites of higher priority by stating
that the site proposed is the only site leased or selected. All applications
shall address co-location as an option. The petitioner shall submit
a written report demonstrating the petitioner's review of the higher
priority locations and demonstrating by technical reasons why a higher
priority site was not chosen.
A. Co-located/existing structures. An antenna that is to be attached to an existing wireless telecommunications facility, or any building or structure is permitted in all zoning districts and will be reviewed administratively (which may include a courtesy review by the Planning Board, as determined by the Building Department). If the proposal is to locate the antenna on or within Town-owned property, the project will require approval from the Tonawanda Town Board (see §
215-157).
(1)
Building permit.
(a)
The antenna is permitted upon issuance of a building permit.
The building permit application will include a structural analysis/report
verifying the ability of the structure to handle the antenna. Antennas
on structures, buildings, etc., shall be located in such a manner
to reduce their visual appearance, utilizing stealth technology to
the fullest extent possible. In areas of high visibility, accessory
equipment structures may need to be screened, camouflaged or placed
below ground in a vault. Co-located antennas may be placed on:
[1] Existing utility or telephone poles: height of
new antenna shall not extend above the height of the existing structure
by more than two feet (note the requirement for placing new antennas
on or within Town-owned property);
(b)
Also, if the new antenna is being placed on a structure within
a higher governmental-owned lands (like a road right-of-way), but
is to be located on a structure (like a utility pole) that is not
owned by that higher government, then the project will require Planning
Board review and approval prior to the issuance of a building permit;
(2)
Industrial buildings: height of new antenna shall not extend
above the height of the existing building by more than 12 feet;
(3)
Multifamily residential buildings: height of new antenna shall
not extend above the height of the existing building by more than
12 feet;
(4)
Commercial buildings: height of new antenna shall not extend
above the height of the existing building by more than 12 feet;
(5)
Water tower: height of new antenna shall not extend above the
height of the water tower by more than 12 feet; or
(6)
Existing standalone, wireless telecommunication facility: height
of new antenna shall not extend above the height of the existing facility
by more than 12 feet.
B. Non-co-located/new structure antennas. An antenna that will not be
mounted on an existing structure, as defined above, or is more than
the allowed height above that structure on which it is mounted, is
permitted as follows (all new towers shall not be lattice towers):
(1)
Municipal- or government-owned property:
(a)
If located on municipally (Town of Tonawanda) owned property, a Town lease or license agreement must be obtained and the Town must refer the proposal to the Planning Board for its input. The tower must be set back the height of the tower from any residentially zoned property and be in accordance with §
215-157.
(b)
If proposed in the Town road right-of-way, the Town will require
a lease or license agreement but also require the project to receive
a tower special use permit (including Planning Board and Highway Department
referral and recommendation).
(c)
If located on county, state, or federal property, the tower
shall be administratively reviewed by the Town and the Planning Board
shall conduct a courtesy review and the tower must be set back the
height of the tower from any property line.
(d)
If located on a public school property, the project will be
reviewed and approved by the Town Planning Board.
(2)
Performance Standards Use, General Industrial, and Waterfront Industrial Districts: site plan application per Article
XXIII and this article. If the tower is to be set back less than the height of the proposed tower to any adjacent residential district, then the application will require a performance standards use permit and site plan approval.
(a)
Setback a minimum of 100 feet from any property line.
(3)
All commercial zoning districts (C, C-1, C-2, RHC or WB) and mixed use districts (W-MU, NB or TND): site plan review and a tower special use permit as set forth in this article and Article
XIV.
(a)
The tower must be set back a minimum of the height of the tower
from any residentially zoned property or any front yard line.
(b)
Towers exceeding 195 feet in height in commercial zoning districts
(C, C-1, C-2, P-S, RHC or WB) and mixed use districts (W-MU, NB or
TND Zoning Districts) shall be treated as Type 1 actions under the
State Environmental Quality Review Act (SEQRA).
(c)
Height restriction of 195 feet and setback of 100 feet from
any property line.
(4)
Residential zoning districts (A First Residential District,
B Second Residential District, and M-F Districts): site plan review
and a tower special use permit.
(a)
The tower must be set back a minimum of the height of the tower
from all property lines and any existing building not located on the
site, but not less than 100 feet.
(b)
The maximum height of a tower in these zoning districts is 90
feet. An area variance for height will be required from the Zoning
Board of Appeals to exceed this height, following initial review by
the Planning Board.
(c)
All applications for telecommunications facilities in these
zoning districts shall be treated as Type 1 action under the State
Environmental Quality Review Act (SEQRA).
The following requirements apply to all applicants for non-co-located/new
structure antennas (except municipal property structures):
A. All applicants under this article must obtain a building permit from
the Code Enforcement Officer of the Town of Tonawanda. The Code Enforcement
Officer is hereby authorized to issue building permits under this
article if it is determined that an applicant has met the requirements
established in this article.
B. All applications are subject to site plan review by the Town of Tonawanda
Planning Board. The intent of site plan review is to evaluate site
plans and require changes consistent with minimizing conflicts which
may result between the site layout and design of proposed uses and
natural site conditions and features and/or existing or planned adjacent
uses. Site plan review is also responsible for ensuring that development
comply with clearly calculated planning goals and policies as are
provided in the Town of Tonawanda's Comprehensive Plan and other area-specific
planning documents.
C. An applicant is required to demonstrate, using technological evidence,
that the tower or antenna must be located where it is proposed in
order to satisfy its function in the applicant's grid system. Further,
the applicant must demonstrate by technological evidence that the
height requested is the minimum height necessary to fulfill the cell
site's function within the grid system.
D. The Town of Tonawanda may deny the application to construct a new
tower if the applicant has not proven to the Town that it cannot mount
the antenna on an existing structure and/or public property.
E. Applications for necessary permits will only be processed when the
applicant demonstrates that it is either an FCG-licensed telecommunications
provider or has in place agreements with an FCC-licensed telecommunications
provider for use or lease of the support structure or tower (no tower
may be built "on-spec").
F. Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
G. Lot size. For purpose of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
H. Inventory of existing sites. Each applicant shall provide to the
Town an inventory of its existing towers, antennas or sites approved
for towers or antennas that are either within the jurisdiction of
the Town of Tonawanda or within one mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Director of Planning and Development or the Code Enforcement
Officer may share such information with other applicants applying
for administrative approvals or special use permits under this article
or other organizations seeking to locate antennas within the jurisdiction
of the Town of Tonawanda; provided, however, that the Town official
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
I. Aesthetics. Applications shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible (stealth or
camouflaging technology should be considered).
J. Fencing. A well-constructed masonry or stone wall or privacy fence,
not less than eight feet for residential districts or 10 feet for
nonresidential districts in height from finished grade shall be provided
around each antenna and/or tower and shall also be equipped with an
anticlimbing device. Access to the tower shall be through a locked
gate. No barbed wire shall be used.
K. Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
L. State or federal requirements. All towers and antennas must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this article shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
M. Building codes safety standards. To ensure the structural integrity
of towers and antennas, the owner of a tower or antenna shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Town of Tonawanda concludes
that a tower or antenna fails to comply with such codes and standards
and constitutes a danger to persons or property, then, upon notice
being provided to the owner of the tower or antenna, the owner shall
have 30 days to bring such tower or antenna into compliance with such
standards. Failure to bring such tower or antenna into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
N. Measurement. For purposes of measurement, tower setbacks shall be
calculated and applied to facilities located in the Town of Tonawanda
irrespective of municipal and county jurisdictional boundaries.
O. Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this article and shall not be regulated or permitted
as essential services, public utilities or private utilities.
P. Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises and licenses required by law by any governmental
entity, including the Town of Tonawanda, now or in the future for
the construction and/or operation of a wireless communication system
in the Town of Tonawanda have been obtained and shall file a copy
of all required franchises and licenses with the Planning and Development
Department or the Code Enforcement Officer.
Q. Signs. No signs or advertising material of any nature shall be allowed
on an antenna or tower.
R. Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of §
215-160.
S. Multiple antenna/tower plan. The Town of Tonawanda encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
T. The owner of any tower or antenna shall provide the Town Clerk with
a demolition bond equal to twice the cost of removal of the tower
or antenna.
U. The owner of any tower or antenna shall identify the entities providing
the backhaul network for the antenna or tower described in the application
and other cell sites owned or operated by the applicant in the Town
of Tonawanda, as well as any information detailing the purpose for
the proposed antenna or tower.
V. All applicants under this article must comply with the State Environmental
Quality Review Act.
W. Unless otherwise provided, towers and antennae and their related
structures shall comply with all existing setbacks within any zoning
districts. Additional setbacks may be required by this article, the
Code Enforcement Officer, Planning Board, or the Town Board, as applicable,
to contain on site substantially all ice-fall or debris from tower
failure and/or to comply with the purpose of this article. Setbacks
shall apply to all tower parts, including guy wire anchors, and to
any accessory facilities.
X. An applicant may be required to submit an environmental assessment
analysis and a visual addendum. Based on the results of the analysis,
including the visual addendum, the Town may require submission of
a more detailed visual analysis. The scope of the required environmental
and visual assessment will be reviewed at the preapplication meeting.
Y. The applicant shall furnish a visual impact assessment, which shall
include:
(1)
Elevation drawings of the proposed facility, and any other proposed
structures, showing height above ground level;
(2)
A landscaping plan indicating the proposed placement of the
facility on the site; location of existing structures, trees, and
other significant site features; the type and location of plants proposed
to screen the facility; the method of fencing, the color of the structure,
and the proposed lighting method.
(3)
Photo simulations of the proposed facility taken from perspectives
determined by the Planning Board, or its designee, during the preapplication
conference. Each photo must be labeled with the line of sight, elevation,
and with the date taken imprinted on the photograph. The photos must
show the color of the facility and method of screening.
(4)
A narrative discussing:
(a)
The extent to which the proposed facility would be visible from,
but not limited to, state highways, major roads, state and local parks,
public lands, historic districts, preserves, historic sires, archaeological
sites, environmental conservation areas, any other location where
the site is visible to visitors, travelers, employees, or residents;
and
(b)
The tree line elevation of vegetation within 100 feet of the
facility;
Z. A written description of how the proposed facility fits into the
applicant's telecommunications network. This submission requirement
does not require the disclosure of confidential business information.
AA. Evidence demonstrating that no existing building, site, or structure
can accommodate the applicant's proposed facility, the evidence for
which may consist of any one or more of the following:
(1)
Evidence that no existing facilities are located within the
targeted market coverage area as required to meet the applicant's
engineering requirements;
(2)
Evidence that existing facilities do not have sufficient height
or cannot be increased in height at a reasonable cost to meet the
applicant's engineering requirements;
(3)
Evidence that existing facilities do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
Specifically:
(a)
Planned, necessary equipment would exceed the structural capacity
of the existing facility, considering the existing and planned use
of those facilities, and these existing facilities cannot be reinforced
to accommodate the new equipment.
(b)
The applicant's proposed antenna or equipment would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna or equipment on the existing facility would cause interference
with the applicant's proposed antenna.
(c)
Existing or approved facilities do not have space on which planned
equipment can be placed so it can function effectively.
(4)
For facilities existing prior to the effective date of this
article, the fees, costs, or contractual provisions required by the
owner in order to share or adapt an existing facility are unreasonable.
Costs exceeding the pro rata share of a new facility development are
presumed to be unreasonable. This evidence shall also be satisfactory
for a tower built after the passage of this article;
(5)
Evidence that the applicant has made diligent good faith efforts
to negotiate co-location on an existing facility, building, or structure,
and has been denied access.
BB. Identification of districts, sites, buildings, structures or objects,
significant in American history, architecture, archaeology; engineering
or culture, that are listed, or eligible for listing, in the National
Register of Historic Places (see 16 U.S.C. § 470w(5); 36
CFR 60 and 36 CFR 800).
CC. The applicant shall examine the feasibility of designing a proposed
tower to accommodate future demand for a minimum of five additional
commercial applications, for example, future co-locations. The tower
shall be structurally designed to accommodate a minimum of five additional
antenna arrays equal to those of the petitioner, and located as close
to the petitioner's antenna as possible without causing interference.
This requirement may be waived, provided that the petitioner, in writing,
demonstrates that the provision of future shared usage of the tower
is not technologically feasible, is commercially impracticable or
creates an unnecessary and unreasonable burden, based upon:
(1)
The foreseeable number of FCC licenses available for the area;
(2)
The kind of wireless telecommunication facility site and structure
proposed;
(3)
The number of existing and potential licenses without wireless
telecommunication facilities' spaces/sites; and
(4)
Available space on existing and approved towers.
DD. Applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board and Town Board why co-location is commercially impracticable
or otherwise impracticable. Agreements between providers limiting
or prohibiting co-location shall not be a valid basis for any claim
of commercial impracticability or hardship.
EE. Notwithstanding the above, the Planning Board may approve any site
located within an area in the above list of priorities, provided that
the Planning Board finds that the proposed site is in the best interest
of the health, safety, and welfare of the Town and will further the
policies and goals set forth in the Town's laws and Comprehensive
Plan.
FF. The applicant shall submit a written report demonstrating the applicant's
review of the above locations in order of priority, demonstrating
the technological reason for the site selection. If appropriate, based
on selecting a site of lower priority, a detailed written explanation
as to why sites of a higher priority were not selected shall be included
with the application.
Any antenna or tower that is not operated for
a period of 12 months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within 90 days of receipt
of notice from the Town of Tonawanda notifying the owner of such abandonment.