Environmental quality review — See Ch. 49.
Subdivision of land — See Ch. 87.
Zoning — See Ch. 99.
§ 90-1Purpose and intent.
§ 90-3Review authority.
§ 90-4Collocation requirements.
§ 90-5Performance standards.
§ 90-6Compliance with other laws.
§ 90-7Assignment or transfer of permit.
§ 90-8Review of permit.
§ 90-10Abandoned or unused towers or antennas.
§ 90-11Effect on existing towers and antennas.
§ 90-13General requirements.
§ 90-14Applications and supporting documentation.
§ 90-15Factors considered in granting special use permits.
The purpose of this chapter is to establish predictable and balanced regulations for the siting and screening of personal wireless services antennas, towers and accessory structures in order to accommodate the growth of such systems within the Village of Manlius (village) while protecting the public against any adverse impacts on aesthetic resources, avoiding potential damage to adjacent properties from tower failure through structural standards and setback requirements and reducing the number of towers needed to serve the community by maximizing the use of existing towers and buildings.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY STRUCTURE
- Accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support personal wireless services (PWS). The term "accessory structure" does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
- A device used to transmit and/or receive electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals and other communications signals.
- When referring to a tower or other structure, the distance measured from the finished grade of the property to the highest point on the tower or other structure, including the base pad and any antenna.
- PERSONAL WIRELESS SERVICES (PWS)
- Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by § 704 of the Federal Telecommunications Act.
- Any ground- or roof-mounted pole, spire, structure or combination thereof, taller than 15 feet, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.
In addition to any other village approvals which may be required, including site development plan review under § 99-37, no antenna, tower or accessory structure shall hereafter be used, erected, changed or altered except after obtaining a special use permit in conformity with this chapter.
The Village Board of Trustees (Village Board) is hereby authorized to review and approve, approve with modifications or disapprove special use permits pursuant to this chapter. The Village Board shall have the authority to impose such reasonable conditions and restrictions as are related to and incidental to the proposed antenna, tower or accessory structure and/or, as the case may be, waive any of the provisions of these regulations when it finds that doing so will have no detrimental impact on surrounding properties or on public health, safety and welfare and will not violate the purpose and intent of this chapter.
Notwithstanding anything to the contrary contained in the Village Code, no tower, antenna or accessory structure shall be permitted in any R-1 or R-2 Zoning District nor in or on any structure listed on the State or National Register of Historic Places.
All towers erected, constructed or located within the village shall comply with the following requirements:
A proposal for a tower shall not be approved unless the Village Board finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one or more of the following reasons:
The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
The antenna would cause interference materially impacting the usability of other existing or planned antennas at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.
Other foreseen reasons that make it infeasible to locate the antenna upon an existing or approved tower or building.
Any proposed tower shall be designed, structurally, electrically and in all other respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
The applicant shall submit to the Village Board a letter of intent committing the applicant, and its successors in interest, to negotiate in good faith for shared use of the proposed tower by other PWS providers in the future.
The issuance of a permit (assuming the tower is approved according to this chapter) shall commit the new tower owner and its successors in interest to:
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Village Board shall require that:
An applicant who proposes a new tower shall notify, in writing, the Onondaga County Planning Board and the legislative body of each municipality that borders the village. 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.
Documentation of this notification shall be submitted to the Village Board at the time of application.
Proof of noninterference from antenna. Each application for installation of an antenna shall include either a preliminary or a certified statement that the installation of the antenna, including reception and transmission functions, will not interfere with the radio, television, telephone or other utility service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event that only a preliminary statement is submitted with the application, a final certified statement of noninterference will be provided and approved by the Village Board prior to the issuance of a special use permit. The statement shall be prepared by a professional engineer and certified to the village.
Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit to the Village Clerk evidence of compliance with Federal Communications Commission (FCC) standards on a yearly basis. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Village Board. The cost of verification of compliance shall be borne by the owner and operator of the tower.
Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration (FAA) or other federal or state authority for a particular tower.
Signs and advertising on towers. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
Tower height limitations. Maximum height of a tower is limited to 160 feet above the ground upon which the antenna is placed.
The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or, preferably, a monopole configuration. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.
The base of the tower shall occupy no more than 500 square feet, and the top of the tower shall be no larger than the base.
Minimum spacing between tower locations shall be one mile.
All utility connections to the tower shall be installed beneath the ground surface.
No accessory structure shall exceed 250 square feet of gross floor area.
Access to towers. A road and appropriate parking shall be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.
Setbacks for towers and accessory structures. Towers and all accessory structures shall conform with each of the following minimum setback requirements:
Towers shall be set back from all property lines a distance equal to at least 75% of the height of the tower, except that a tower shall not be located closer than 550 feet to the nearest residential property line.
A tower's setback may be reduced in the sole discretion of the Village Board to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line or similar structure.
Screening and security of towers and accessory structures.
Existing on-site vegetation shall be preserved or suitably replaced to the maximum extent practicable.
The base of the tower and any accessory structures shall be landscaped and/or screened as reasonably determined by the Village Board.
Towers and accessory structures shall be provided with security fencing to prevent unauthorized entry.
Design of antennas, towers and accessory structures. Towers, antennas and accessory structures shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna, tower and accessory structure shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such tower, antenna or structure; provided, however, that directional or panel antenna and onmidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures shall be designed to be architecturally compatible with principal structures on the site.
Compliance with building codes and other laws.
The owner of any PWS facility shall locate, construct, erect, use and maintain such facility in accordance with all applicable building codes.
All PWS facilities must meet or exceed all applicable federal, state and local laws, rules and regulations, including but not limited to any rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations within six months of the effective date of such changes or amendments, unless a more restrictive compliance schedule is mandated by the controlling agency.
Tower inspections. All PWS facilities shall be maintained in good order and repair. Towers shall be inspected annually on behalf of the tower owner by a licensed professional engineer for structural integrity and continued compliance with these regulations. A copy of such inspection report, including findings and conclusions, shall be submitted to the Village Clerk no later than December 31 of each calendar year.
The operator of every PWS antenna shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
Every special use permit granting approval of an antenna or tower shall state that any assignment or transfer of the permit or any rights thereunder may be made only with the approval of the Village Board.
The special use permit shall be subject to review by the Village Board, at least at five-year intervals, to determine whether the technology in the provision of PWS has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of any such change.
Applicant for a special use permit hereunder shall submit a nonrefundable fee, as established from time to time by the Village Board, to reimburse the village for the costs of reviewing such application.
In addition, the Village Board may retain technical consultants as it deems necessary to provide assistance with its review of the application, and the applicant shall bear all reasonable costs associated with such consultation which shall be assessed as an additional application fee.
Abandoned or unused towers or portions of towers and/or antennas shall be removed as follows:
All abandoned or unused towers and antennas and associated facilities shall be removed and the site restored as nearly as practical to its prior condition within three months of the cessation of operations at the site unless a time extension is approved by the Village Board. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower, antennas and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower or antenna is not removed within three months of the cessation of operations at a site, the tower, antennas and associated facilities may be removed by the village and the costs of removal and restoration assessed against the property.
Unused portions of towers above a manufactured connection shall be removed within three months of the time of antenna relocation. The replacement of portions of a tower previously removed shall require the issuance of a new special use permit.
Antennas and towers in existence which do not conform to or comply with this chapter are subject to the following provisions:
Subject to applicable state or federal laws, rules and regulations, antennas and towers may continue in use for the purpose now used and as now existing but may not be replaced or altered without complying in all respects with this chapter.
If such antennas or towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the antenna or tower may be repaired and restored to its former use, location and physical dimensions without complying with this chapter; provided, however, that if the cost of repairing the tower to the former use, physical dimensions and location would be 10% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter.
The following are exempt from the provisions of this chapter:
Personal wireless services (PWS) facilities located on Village of Manlius property.
Private, noncommercial television and radio towers and/or antennas, provided that such facilities are under 70 feet in height and are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas.
Government-owned public safety telecommunications facilities.
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.
For purposes of determining whether the installation of a tower or antenna complies with the pertinent 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 tower may be located on a leased parcel within such lot.
Each applicant for an antenna and/or tower shall provide to the Village Board an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the village or within one mile of the border thereof, including specific information about the location, height and design of each tower. The village may share such information with other applicants applying for special use permits under this chapter or other organizations seeking to locate antennas within the village, provided that the village is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
The Village Board, at its sole discretion, may require the applicant and/or the owner to establish, prior to approval of any application, a maintenance and/or performance bond in an amount sufficient to cover the installation, maintenance and/or construction of the tower during its lifetime. The amount required shall be determined at the sole discretion of the Board, based upon the unique characteristics of the tower and site. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. Cost estimates shall be reviewed by the Village Engineer.
In addition to any information required for applications for special use permits pursuant to this chapter and Chapter 99, Zoning, of the Village Code, applicants for a special use permit hereunder shall submit the following information:
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including ones adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, proposed lighting, names and addresses of adjacent property owners within 550 feet of the property lot lines, the separation distance from other towers described in the inventory of existing sites submitted by the applicant, the type of construction of such existing tower(s) and the owner/operator of such tower(s), if known, and any other structures, topography, parking or other information deemed by the Village Board to be necessary to assess compliance with this chapter.
Legal description of the subject property, including the leased parcel (if applicable), and a property survey prepared by a licensed land surveyor.
A landscape plan showing specific landscape materials.
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other PWS sites owned or operated by the applicant in the village.
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be furnished through the use of the proposed new tower.
A description of the feasible location(s) of future towers or antennas within the village based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
The applicant's maintenance and inspection schedule.
A safety analysis and certification by a licensed professional engineer that the proposed facility will be in compliance with all applicable FAA and FCC laws and regulations.
Proof of the property owner's consent, if the applicant is not the owner of the property on which the applicant seeks to locate the proposed tower or antenna.
Environmental assessment form including a visual environmental assessment form.
Identification of the effects, if any, such PWS facility will have on other existing communications facilities in the area.
Other details as may be requested by the Village Board to show compliance with these regulations.
In addition to any other standards for consideration of a special use permit application pursuant to this chapter and Chapter 99, Zoning, of the Village Code, the Village Board shall consider the following factors in determining whether to issue a special use permit hereunder:
Height of the proposed tower.
Proximity of tower to residential structures and residential district boundaries.
The nature of uses on adjacent nearby properties.
Surrounding tree coverage and foliage.
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
Proposed ingress and egress.
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures.
The applicant's compliance with the above collocation and performance requirements.
The recommendation of the Village Planning Board.