[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 5-26-1998 by L.L. No. 5-1998. Amendments noted where
applicable.]
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 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.
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.
A.
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.
B.
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.
C.
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.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
Other foreseen reasons that make it infeasible to
locate the antenna upon an existing or approved tower or building.
B.
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.
(1)
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.
(2)
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:
C.
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:
(1)
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.
(2)
Documentation of this notification shall be submitted
to the Village Board at the time of application.
A.
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.
B.
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.
C.
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.
D.
Signs and advertising on towers. The use of any portion
of a tower for signs other than warning or equipment information signs
is prohibited.
E.
Tower height limitations. Maximum height of a tower
is limited to 160 feet above the ground upon which the antenna is
placed.
F.
Tower-building requirements.
(1)
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.
(2)
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.
(3)
Minimum spacing between tower locations shall be one
mile.
(4)
All utility connections to the tower shall be installed
beneath the ground surface.
(5)
No accessory structure shall exceed 250 square feet
of gross floor area.
G.
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.
H.
Setbacks for towers and accessory structures. Towers
and all accessory structures shall conform with each of the following
minimum setback requirements:
(1)
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.
(2)
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.
I.
Screening and security of towers and accessory structures.
(1)
Existing on-site vegetation shall be preserved or
suitably replaced to the maximum extent practicable.
(2)
The base of the tower and any accessory structures
shall be landscaped and/or screened as reasonably determined by the
Village Board.
(3)
Towers and accessory structures shall be provided
with security fencing to prevent unauthorized entry.
J.
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 omnidirectional
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.
K.
Compliance with building codes and other laws.
(1)
The owner of any PWS facility shall locate, construct,
erect, use and maintain such facility in accordance with all applicable
building codes.
(2)
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.
L.
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.
A.
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.
B.
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:
A.
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.
B.
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:
A.
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.
B.
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:
A.
Personal wireless services (PWS) facilities located
on Village of Manlius property.
B.
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.
C.
Government-owned public safety telecommunications
facilities.
A.
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.
B.
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.
C.
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.
E.
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.
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.
B.
Legal description of the subject property, including
the leased parcel (if applicable), and a property survey prepared
by a licensed land surveyor.
C.
A landscape plan showing specific landscape materials.
D.
Method of fencing and finished color and, if applicable,
the method of camouflage and illumination.
E.
A notarized statement by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
F.
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.
G.
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.
H.
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.
I.
The applicant's maintenance and inspection schedule.
J.
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.
K.
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.
L.
Environmental assessment form, including a visual
environmental assessment form.
M.
Identification of the effects, if any, such PWS facility
will have on other existing communications facilities in the area.
N.
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:
A.
Height of the proposed tower.
B.
Proximity of tower to residential structures and residential
district boundaries.
C.
The nature of uses on adjacent nearby properties.
D.
Surrounding topography.
E.
Surrounding tree coverage and foliage.
F.
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
G.
Proposed ingress and egress.
H.
Availability of suitable existing towers, other structures
or alternative technologies not requiring the use of towers or structures.
I.
The applicant's compliance with the above co-location
and performance requirements.
J.
The recommendation of the Village Planning Board.
