[Added 8-18-1998 by L.L. No. 8-1998]
As used in this article, the following terms
shall have the meanings indicated:
Any structure greater than 35 feet in height which is capable
of receiving or transmitting signals for the purpose of communications.
The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Thompson; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunications towers
in the community by encouraging shared use of existing and future
towers and the use of existing tall buildings and other high structures;
and to minimize adverse visual effects from telecommunications towers
by requiring careful siting, consideration of visual impact assessment
and appropriate landscaping so as to minimize the impact upon the
environment.
A.
No telecommunications tower, except those approved
prior to the effective date of this article, shall be used unless
in conformity with these regulations. No telecommunications tower
shall hereafter be erected, moved, reconstructed, changed or altered
unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunications tower unless in
conformity with these regulations.
B.
Applicants proposing to collocate on a previously approved telecommunications tower do not require a special use permit. They are, however, subject to site plan review by the Planning Board in accordance with Part 1, Article IX, §§ 250-48 through 250-59. The Planning Board may require the applicant to submit any of the items under § 250-64A below as part of the site plan review process.
C.
Applicants proposing a new tower shall apply for a
special permit.
D.
The regulations shall apply to all property within
the following zones: SR, HC-1, HC-2, CI, and RR-2. Telecommunications
towers shall be specifically excluded from all other zones.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Applications for construction of new telecommunications
towers shall comply with the Code of Federal Regulations pertaining
to objects affecting navigable airspace as delineated within Federal
Aviation Regulations (FAR) Part 77. Additionally, no application for
construction of a new telecommunications tower will be approved if
the proposed tower violates the criteria for obstructions to air navigation
as established by FAR Part 77 Subpart C, Obstruction Standards.[1] All applications shall provide proof of compliance with
the above-stated regulations.
[1]
Editor's Note: See 14 CFR 77.17.
F.
All telecommunications towers complete applications shall be determined
within 90 days for co-location and 150 days for new telecommunication
towers in accordance with the FCC 2009 Declaratory Ruling.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
At all times, shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers (§§ 250-48 through 250-59) shall be preferred to the construction of new towers.
A.
An applicant proposing to share use of an existing
tall structure shall be required to submit:
(1)
A completed application for a site plan.
(2)
Documentation of intent from the owner of the existing
facility to allow shared use.
(3)
A site plan that shall conform to § 250-50 of this Part 1. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.
(4)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and explaining what modifications, if
any, will be required in order to certify to the above.
(5)
A completed short environmental assessment form (EAF)
and a completed visual EAF addendum.
(6)
A certified copy of its Federal Communications Commission
(FCC) license with raised seal.
B.
If any applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection A above, and if modifications indicated according to Subsection A are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA[1] provisions, the Board shall grant a site plan approval without further review under this article. If the Board determines that any modifications indicated according to Subsection A are significant or finds other significant factors, it may require further review according to §§ 250-69 through 250-80 below.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
The Planning Board may consider a new telecommunications
tower when the applicant demonstrates that shared use of existing
tall structures and existing or approved towers is impractical. An
applicant shall be required to present an adequate report inventorying
all existing tall structures and existing or approved towers within
a reasonable distance of the proposed site. This distance shall be
determined by the Planning Board. The report shall outline opportunities
investigated for shared use of these existing facilities as an alternative
to a proposed new tower. The report shall demonstrate good faith efforts
to secure shared use from the owner of each existing tall structure
and existing or approved tower as well as documentation of the physical,
technical and financial reasons why shared usage is not practical
in each case. Written requests and responses for shared use shall
be provided upon a showing that shared use is impractical and presenting
a report to the Board.
B.
New telecommunications tower standards. An applicant
proposing a new tower shall be required to submit:
(1)
A complete application for a site plan and special
permit.
(2)
A site plan that shall conform to § 250-50 of this Part 1. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.
(3)
An engineer's report certifying the structural integrity
and safety of the proposed tower and accessory structures.
(4)
A completed EAF and visual EAF addendum.
(5)
A certified copy of its Federal Communications Commission
(FCC) license or original with raised seal.
Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with § 250-65 above. Any proposals for a new telecommunications tower on an existing site shall also be subject to the requirements of §§ 250-68 through 250-80 below.
The Planning Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in § 250-65 above, and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with § 250-66. Any proposals for a new telecommunications tower shall also be subject to the requirements of §§ 250-68 through 250-80 below.
The applicant shall design a proposed new telecommunications
tower to accommodate future demand for reception and transmitting
facilities. The applicant shall submit to the Board a letter of intent
committing the owner of the proposed new tower and his/her successors
in interest to negotiate in good faith for shared use of the proposed
tower by other telecommunications providers in the future. This letter
shall be filed with the officers and employees of the Building Department
prior to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the special
permit. The letter shall commit the new tower owner and his/her successors
in interest to:
A.
Respond within 90 days to a request for information
from a potential shared-use applicant.
B.
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
C.
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity and
depreciation, and all the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
A.
An applicant shall be required to submit a site plan in accordance with § 250-51. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
B.
Supporting documentation. The applicant shall submit
a complete EAF, a complete visual environmental assessment form which
should address height, alternative sites and number of towers, and
documentation on proposed intent and capacity of use as well as a
justification for the height of any tower and justification for any
clearing required. The applicant shall also submit a certified copy
of its Federal Communications Commission (FCC) license or original
with raised seal.
All proposed telecommunications towers and accessory
structures shall be located on a single parcel and shall be set back
from abutting parcels and street lines a distance sufficient to substantially
contain on site all icefall or debris from tower failure and preserve
the privacy of any adjoining residential properties.
A.
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If
the land is to be leased, the entire area required shall be leased
from a single parcel unless the Planning Board determines that this
provision may be modified or waived as part of the special permit.
B.
Telecommunications towers shall comply with all existing
setback requirements of the underlying zoning district, if the tower
is designed to fall within itself. If the tower is not designed to
fall within itself, the setback shall be the minimum required setback
from the property line in the underlying zoning district plus the
height of the tower. Accessory structures shall comply with the minimum
setback requirements in the underlying zoning district.
The Board may require the applicant to undertake
a visual impact assessment which shall include:
A.
A zone of visibility map, which shall be provided
in order to determine locations where the tower may be seen.
B.
Pictorial representations of before-and-after views
from key viewpoints both inside and outside of the Town, including
but not limited to state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Board shall
determine the appropriate key sites at a presubmission conference
with the applicant.
D.
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
E.
Review of alternative sites, number of towers and
height of towers in the zone to determine what would be in the best
interest of preserving the aesthetic and natural character of the
neighborhood.
Alternative designs shall be considered for
new towers, including lattice and single-pole structures. The design
of a proposed new tower shall comply with the following:
A.
Any new tower shall be designed to accommodate future
shared use by other telecommunications providers.
B.
A tower shall have a shape, contour and finish (either
painted or unpainted) that minimizes its degrees of visual impact.
The Planning Board may require a tower to be in the shape of a tree,
flagpole, church steeple, etc.
C.
The maximum height of any new tower shall not exceed
that which shall permit operation without artificial lighting of any
kind or nature, in accordance with municipal, state and/or federal
law and/or regulation. The Board at its discretion may modify this
requirement if the applicant can justify the need to exceed this height
limitation, but only in accordance with municipal, state or federal
law and/or regulations.
D.
The Board may request a review of the application
by a qualified engineer or landscape architect retained by the Planning
Board in order to evaluate the need for, and the design of, any new
tower. The cost of this review shall be borne by the applicant.
E.
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with natural surroundings.
F.
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners and streamers.
Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured at the height of four feet off the ground)
shall take place prior to the approval of the special permit.
Deciduous or evergreen tree plantings shall
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, ample screening shall
be required.
Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the 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.
Parking shall be provided to assure adequate
emergency and service access in accordance with the Code.
The tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the Planning Board.
The applicant shall submit to the Board a letter
of intent committing the tower owner and his/her successors in interest
to notify the officers and employees of the Building Department within
30 days of the discontinuance of use of the tower. This letter shall
be filed with the officers and employees of the Building Department
prior to issuance of a building permit. Obsolete or unused towers
and accessory structures shall be removed from any site within four
months of such notification. Failure to notify or to remove the obsolete
or unused tower in accordance with these regulations shall be a violation
of this Part 1 and punishable according to this Code and shall also
render the property owner and lessee subject to action by the Town
of Thompson in courts of law or equity and costs allowable at law
or in equity.
In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
tall structure or existing telecommunications tower in a neighboring
municipality be considered for shared use, and to assist in the continued
development of County 911 Services, the Board shall require that:
A.
An applicant who proposes a new telecommunications
tower shall notify, in writing, the legislative body of each municipality
that borders the Town of Thompson, the Sullivan County Planning Department
or Board and the Director of Sullivan County Emergency Services. 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.
[Amended 10-21-2003 by L.L. No. 7-2003]
B.
Documentation of this notification shall be submitted
to the Board at the time of application.
The applicant shall be required to mail notice
of the public hearing directly to all landowners whose property is
located within 1,000 feet of the property line of the parcel on which
a new tower is proposed. Notice shall also be mailed to the administrator
of the state or federal parklands from which the proposed tower would
be visible if constructed. Notification in all cases shall be made
by certified first-class mail in accordance with Planning Board procedures.
Documentation of this notification shall be submitted to the Board
prior to the public hearing.
The Planning Board shall set forth in its record
of proceedings the grounds upon which it has made its determination.
