Pursuant to the authority conferred by Article
16 of the Town Law of the State of New York and the Municipal Home
Rule Law of the State of New York, the Village Board of the Village
of Waverly, County of Tioga and State of New York, has ordained and
does hereby enact this chapter regulating and restricting the location,
size and use of telecommunications facilities and their accessory
structures in the Village of Waverly.
The Village of Waverly recognizes the increased
demand for wireless communication transmitting facilities and the
need for the services they provide. Often these facilities require
the construction of a communications tower and/or similar facilities.
The intent of this chapter is to regulate the location, construction
and modification of the telecommunications facilities in accordance
with the guidelines of the Telecommunications Act of 1996 and other
applicable laws by:
A.
Accommodating the need for telecommunications towers/antennas
while regulating their location and numbers in the community.
B.
Minimizing adverse visual impacts of these tower/antennas
through proper siting, design and screening.
C.
Preserving and enhancing the positive aesthetic qualities
of the natural environment and current development of the Village
of Waverly.
D.
Providing for the health, safety and welfare of the
community by avoiding potential damage or other negative impact to
adjacent properties from power failure, falling ice, etc., through
proper siting and engineering.
E.
Requiring the joint use of towers when available and
encouraging the placement of antennas on existing structures to minimize
the number of such structures in the future.
As used in this chapter, the following terms
shall have the meanings indicated.
A nonhabitable accessory facility or structure serving or
being used in conjunction with a communications tower and/or similar
facility and usually located on the same lot as the communications
tower. Examples of such structures include utility or transmission
equipment storage sheds or cabinets. All other uses ancillary to the
antenna and associated equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the site unless
otherwise permitted in the zoning district in which the facility is
located.
A system of electrical conductors that transmit or receive
frequency signals. Such signals shall include but not be limited to
radio, television, cellular, paging, digital and/or data communications,
personal wireless communication services (PWS) and microwave communications.
Any antenna that will be mounted to an existing communications
tower, smokestack, water tower or other existing structure, and extends
no more than 15 feet above the height of the existing structure.
Towers and/or antennas and accessory structures together
used in connection with the provision of cellular telephone service,
personal communications services, digital and/or data communication
services, paging services, radio and television broadcast services
and similar broadcast services. (Also referred to as "facilities"
or "equipment.")
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which do or which do not employ camouflage technology.
No telecommunications facility shall be sited,
located, constructed, erected or modified without the issuance of
a building permit and such other permits or approvals as are prescribed
in this chapter.
A collocated or existing structure antenna,
as defined in § 155-30, is permitted in all zoning districts
without a tower special use permit upon issuance of a building permit.
The building permit application shall include the following:
A.
A structural analysis/report, certified by a professional
engineer or architect licensed in New York State, verifying the ability
of the structure to handle the antenna.
B.
Certification by a qualified radio frequency engineer
(signed and sealed by a professional engineer or architect licensed
in the State of New York) that the cumulative emissions from all antennas
proposed to be located at the proposed site meet federal guidelines.
C.
The height or the new antenna shall extend no more
than 15 feet above the height of the existing structure.
D.
The antenna and any mounting structure and related
equipment shall be integrated into said structure in such a manner
as to minimize its visual impact to the greatest extent possible.
A.
For all other telecommunications facilities, a tower
special use permit shall be required. The tower must also be set back
a minimum of 1 1/2 times the height of the tower and antenna
from all power lines and any existing buildings. The Village of Waverly
Planning Board may required an additional setback area in the case
of 11-N guyed wires, taking into consideration the length of guyed
wires and the location of ground anchors.
B.
In all zoning districts, new or relocated towers and
antennas must be set back a minimum of 500 feet from all residential
dwellings, schools and historic structures.
C.
All special use permit applications for telecommunications
facilities in all zoning districts shall be treated as Type I action
under the State Environmental Quality Review Act (SEQRA).
D.
Planning Board to be issuing/lead agency. The Village
of Waverly Planning Board shall be the issuing agency for all tower
special use permits and shall also be the lead agency for SEQRA.
All applicants for a tower special use permit
shall make a written application for special use permit to the Village
of Waverly Planning Board through the Village of Waverly Planning
and Zoning Department. Said application shall include the following.
A.
A completed tower special use permit application form.
In addition to the requirements set forth herein, all applications
shall be processed in accordance with the requirements of the Code
of the Village of Waverly generally applicable to special use permits.
The application shall be accompanied by the payment of the tower special
use permit application fee, as established by the Village Board in
the Schedule of Fees.[1]
[1]
Editor's Note: Said schedule is on file in
the Village offices.
C.
A site plan in the form and content acceptable to
the Village of Waverly Planning Board, prepared to scale and in sufficient
detail and accuracy. At minimum, such site plan shall include:
(1)
The exact location of the proposed tower, together
with guy wires and ground anchors, if applicable, and any accessory
structures.
(2)
The maximum height of the proposed tower and antennas.
(3)
A detail of tower type (monopole, guyed, freestanding
or other).
(4)
The color or colors of the tower.
(5)
The location, type, and intensity of any lighting
on the tower and antennas.
(6)
A survey showing the boundary of the property and
a topographical map of the property with contour lines not exceeding
five-foot intervals.
(7)
Proof of ownership of the land by the applicant or
the landowner's consent if the applicant will not own the property.
A copy of the final lease agreement, plus any amendments thereto,
must also be provided if the applicant will not own the property.
(8)
The location of all current and proposed structures
on the property and all structures on any adjacent property within
50 feet of the property lines, together with the distance of these
structures to the tower and antennas and location of any adjacent
residential dwellings, schools and historic structures within 500
feet.
(9)
Identification of adjacent landowners.
(10)
The location, nature and extent of any proposed
fencing and landscaping or screening. Existing on-site vegetation
shall be preserved to the maximum extent possible.
(11)
The location and nature of proposed utility
easements and access roads, if applicable. The applicant must demonstrate
that all private access roads will be maintained in order to ensure
access by emergency vehicles on a year-round basis.
(12)
Building elevations of accessory structures
or immediately adjacent buildings within 50 feet.
D.
Before and after propagation studies prepared by a
qualified radio frequency engineer (signed and sealed by a professional
engineer licensed in the State of New York) demonstrating existing
signal coverage resulting from the proposed telecommunications facility.
E.
A search ring analysis prepared by a qualified radio
frequency engineer (signed and sealed by a professional engineer licensed
in the State of New York) and overlaid on an appropriate background
map demonstrating the area within which the telecommunications facility
needs to be located in order to provide proper signal strength and
coverage to the target cell. The applicant must be prepared to explain
to the Village of Waverly Planning Board how and why it selected the
proposed site, discuss the availability (or lack of availability)
of a suitable structure within the search ring which would have allowed
for collocated antenna(s) and to what extent the applicant explored
locating the proposed tower and antennas in a more desirable use district.
Proof of correspondence with other telecommunications companies concerning
collocation shall be a part of this requirement.
F.
The Village of Waverly Planning Board, upon reviewing
the application, may request reasonable additional visual and aesthetic
and site information as it deems appropriate on a case-by-case basis.
Such additional information may include, among other things, visual
impact statements, enhanced landscaping plans, line-of-site drawings
and/or visual simulations from viewpoints selected from the Village
staff.
G.
For sites in close proximity to significant historical
sites or important preservation/conservation areas, the Village of
Waverly Planning Board may request additional site plans and tower
special use permit requirements. These requirements may include specially
designed towers, additional screening, greater setbacks and improved
landscaping. Siting in these areas should be avoided to the maximum
extent possible.
H.
The applicant must submit a copy of its policy regarding
collocation of other facilities on the proposed tower. Such policy
shall allow collocation under the following conditions:
(1)
The new antenna(s) and equipment do not exceed structural
loading requirements, interfere with tower space used or to be used
by the applicant nor pose any technical or radio frequency interference
with existing equipment.
(2)
The party desiring to collocate pays the applicant
an appropriate and reasonable sum to collocate.
(3)
The party desiring to collocate has a similar policy
of collocation as the applicant.
I.
During the application process and after the construction
of the tower, the applicant shall provide a certification from a qualified
professional engineer licensed in New York State, certifying that
the tower and antennas meet applicable New York State and American
National Standards Institute (ANSI) structural safety standards.
Upon issuance of a tower special use permit
by the Village of Waverly Planning Board, the applicant must obtain
a building permit, pursuant to § 155-29, before the facility
may be placed in service.
The following criteria will be considered by
the Village of Waverly Planning Board prior to the approval/denial
of a request for a tower special use permit. The criteria listed may
be used as a basis to impose reasonable conditions on the applicant.
Tower special use permits run with the land and may not be transferred
to a different parcel of land.
A.
The Village of Waverly Planning Board may express
a preference for an alternative site(s) and/or that the proposed telecommunications
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 Village's preference, from
most desirable to least desirable zoning district/property, is as
follows:
(1)
Property with an existing structure suitable for collocation.
(2)
Municipal or government-owned property.
(3)
Industrial (IN) or Planned Unit Development (PUD)
Zoning Districts.
(4)
Residential Zoning Districts.
(5)
Sites which are in close proximity to significant
historic sites and/or important preservation/conservation areas.
B.
Any request by the Village of Waverly Planning Board
for information or technical analysis on a preferred alternate site
shall be provided by the applicant at its sole cost.
C.
Aesthetics. Telecommunications facilities shall be
located and buffered to the maximum extent that is practical and technologically
feasible to help ensure compatibility with surrounding land uses.
In order to minimize any adverse aesthetic effect on neighboring residences
to the extent possible, the Village of Waverly Planning Board may
impose reasonable conditions on the applicant, including, but not
limited to the following:
(1)
Tower height, including antennas, and design are matters
of primary public concern. The Board may require a monopole or guyed
tower (if sufficient land is available to the applicant) instead of
a freestanding tower. Monopoles are a preferred design. The Board
may impose reasonable restrictions and/or conditions on height. For
example, the Board may reasonably determine that adverse impact upon
the community will be best mitigated by requiring the applicant to
construct multiple towers of lower height at several different locations
to meet the applicant's demonstrated service coverage requirement(s).
(2)
The Board may require reasonable landscaping consisting
of trees or shrubs to screen the base of the tower and antennas and/or
to screen the tower and any accessory structure or buildings to the
extent possible from adjacent residential property. Existing on-site
trees and vegetation shall be preserved to the maximum extent possible.
(3)
The Village of Waverly Planning Board shall require
the applicant to show that it has made good-faith efforts to collocate
on existing towers or other available and appropriate structures and/or
to construct new towers near existing towers in an effort to consolidate
visual disturbances.
(4)
The type of finish, color and lighting shall be subject
to Village and/or Federal Aviation Administration (FAA) approval.
The Village of Waverly Planning Board may require lights to be shielded
to minimize ground visual impact.
(5)
No tower shall contain any signs or advertising devices.
Notwithstanding the foregoing, the Board may require appropriate signage
indicating ownership of the facility and phone numbers to call in
case of emergency.
A.
The Village of Waverly Planning Board shall impose
a condition on the applicant that the communications antenna will
be operated only at frequencies and power levels designated by the
Federal Communications Commission (FCC) and/or Environmental Protection
Agency (EPA) technical exposure limits, and may periodically require
that the applicant provide competent documentation to support that
maximum allowable frequencies, power levels and exposure limits for
radiation will not be exceeded.
B.
Unless otherwise preempted by federal or state law,
the applicant shall submit to the Building Inspector an inspection
of the telecommunications facility every two years for radio emissions.
A professional engineer licensed in New York State in electrical engineering
with expertise in radio communications facilities shall perform radio
emissions inspections. The radio emission inspection shall describe
the power density levels of the electromagnetic energy generated from
the facility, including the cumulative effects of collocated antennas.
In the event that the radio emission inspection indicates that the
electromagnetic energy generated from the facility is above the allowable
limits stated with applicable FCC or ANSI standards or other applicable
federal and state guidelines in effect at the time of the inspection,
the applicant shall cease all use of the facility until such time
as it proves to the satisfaction of the Building Inspector or pertinent
Village consultant that the power density levels of the electromagnetic
energy to be generated at the facility are below the applicable standards.
A.
A road turnaround and one parking space shall be provided
to assure adequate year-round emergency and service access. Maximum
use of existing roads, public or private, shall be made for access.
Tower or antenna(s) accessory structures shall not be sited in public
roadways or road rights-of-way.
B.
All towers and ground anchors, if applicable, shall
be enclosed by a fence not less than eight feet in height and otherwise
sufficiently protected from trespassing or vandalism.
C.
The applicant must comply with all applicable state
and federal regulations including but not limited to FAA and FCC regulations,
and from time to time may be required to provide certification of
such compliance.
D.
All towers and antennas shall include anticlimbing
devices for a minimum of 25 feet extending above ground level.
A.
The applicant shall agree in writing to remove the
tower and antenna if the telecommunications facility ceases to be
used for its intended purpose for 12 consecutive months. The Village
of Waverly Planning Board shall require the applicant to provide an
appropriate and adequate demolition bond for the purpose of removing
the telecommunications facility and restoration of the land in case
the applicant fails to do so as required above.
B.
At least every five years, the applicant shall submit
an analysis to confirm the sufficiency of the demolition bond and
a report of the cost of removal and property restoration, which are
to be performed by a professional engineer licensed in New York State,
at the applicant's expense. If the analysis and report determines
that the amount of the bond in force is insufficient to cover the
removal, disposal and restoration costs, the bond shall be increased
to the amount necessary to cover such costs within 10 days of the
applicant's receipt of such report.
A.
During the application process and after construction
of the tower, the applicant shall provide a certification from a qualified
professional engineer licensed in New York State, certifying that
the tower and antennas meet applicable New York State and ANSI structural
safety standards.
B.
Unless otherwise preempted by federal or state law,
the telecommunications facility shall be inspected every two years
at the applicant's expense for structural integrity, and a copy of
the report shall be promptly delivered to the Building Inspector.
A professional engineer licensed in New York State specializing in
structural engineering shall perform the structural inspection. The
structural inspection report shall describe the structural integrity
of the facility, maintenance issues and repairs needed or made, if
any. In the event that the structural inspection indicates structural
deficiencies, then the deficiencies must be remedied within the time
reasonably set by the Building Inspector. Upon the applicant's failure
to do so, the bonds for demolition may be exercised.
All telecommunications facilities shall be maintained
in good order and repair. The Village of Waverly Planning Board may
require reasonable records of such maintenance to be kept and available
for Village review upon request.
The following shall be exempt:
A.
The tower and antennas may be repaired and maintained
without restriction.
B.
Antennas and satellite antennas used solely for residential
household television and radio reception.
C.
Satellite antennas measuring two meters or less in
diameter and located in commercial districts, and satellite antennas
one meter or less in diameter regardless of location.
In the event of any conflicts or inconsistencies
between this chapter and any other local law, this chapter shall control
telecommunications towers and similar facilities in the town unless
otherwise specifically referenced in this chapter.
A.
This article is adopted pursuant to the zoning and
planning powers granted to the Village under applicable law. In the
event of any violation of this article, the Village may seek enforcement
under available authority.
B.
Any violation of this article is an offense punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. Each week's continued
violation shall constitute a separate additional violation. A first
violation shall be deemed to have occurred from the date of written
notification of violation issued by the Enforcement Officer or from
such date as may be designated in such written notice.
C.
Any entity operating under a tower special use permit
or site plan approval that fails to comply with the requirements and/or
conditions of that permit or approval, or violates the same, shall
cease and desist use of the facility upon notice by the Village of
Waverly Enforcement Officer and shall not resume use until brought
into compliance. Once the deadline has passed for rectifying the violation,
the Village may direct the removal of the tower, antennas, and other
facilities within 90 days of notification by the Village directing
such removal, or the Village may remove said facilities and use the
demolition bonds posted to pay for such removal.
D.
Failure to comply with a direction to cease and desist
or to remove shall constitute a separate violation.
