[HISTORY: Adopted by the Town Board of the Town of Wheatfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1991 by L.L. No. 3-1991]
It is the purpose of this article to regulate the installation of towers
within the Town of Wheatfield, to require that such towers be located and
constructed in accordance with approved plans and to prescribe regulations
for said towers in the interest of protecting the public health and safety
of the general public of the Town of Wheatfield.
As used in this article, the following terms shall have the meanings
indicated:
Includes a tower which is rigidly attached to a building by a rigid
member.
Includes a self-supported or guyed tower not attached to a building.
Includes any tower, edifice, pole or other structure, including dish
antennas, whether attached to a building or freestanding and whether guyed
or self-supporting, designed to be used as/for the support of devices used
for the transmission and/or reception of radio frequency signals, such as
but not limited to broadcast, shortwave, citizens band, FM or television signals.
[Amended 8-27-2007 by L.L. No. 6-2007]
Height shall be determined as the height of the structure, including
any appurtenances or components.[1]
[1]
Editor's Note: The former definition of "WECS," which immediately
followed this definition, was repealed 8-27-2007 by L.L. No. 6-2007.
B.
Number of towers. Towers shall be limited to one tower
per, acre except that amateur radio towers may number no more than two towers
per 20,000 square feet of lot area.
C.
Location. Freestanding towers shall be located in rear
yards only. Guy wires and anchors for towers shall not be located closer than
five feet to any property line and shall not extend into any required front
or side yard. A freestanding tower shall be no closer to any lot line or public
utility line than the distance equal to the height of the tower, but, in no
case, no closer than 10 feet to any property line.
E.
Tower access. Climbing access to a tower shall be limited
to climbing apparatus no lower than 12 feet from the ground.
G.
Height limitations. Attached towers which are attached
to the roof of the structure shall not exceed 50 feet above the grade.
H.
Dish antenna. The location and design of a dish antenna
shall attempt to reduce to a minimum danger to the public and the visual impact
on surrounding properties. To ensure public safety, a property owner may be
required to use architectural features, earth berms, screenings and/or landscaping
that harmonize the installation with the elements and characteristics of the
surrounding property. The materials used in the construction of the antenna
shall not be unnecessarily shiny, bright or reflective. Said antenna shall
be located at ground level only.[4]
A.
No person, firm or corporation being the owner or occupant
of land or premises within the Town of Wheatfield shall use or permit the
use of said land or premises for the construction of a tower without obtaining
a special permit.
B.
Special exemptions from this section are as follows:
(1)
Towers lawfully in existence prior to enactment of this
article shall be exempt until such time as major repairs or replacement become
necessary. At this time, conformance with this article (including the obtaining
of any necessary permits) shall be required.[1]
D.
Application data required. The application for a tower
permit shall be in writing and on forms provided by the Building Department
and signed by the applicant. It shall state the following:
(1)
The name and address of the applicant.
(2)
The name and address of the property owner, if different
than applicant.
(3)
The name and address of each partner, if the applicant
is a partnership.
(4)
The name and address of each officer, if the applicant
is a partnership.
(5)
Information regarding the tower, to include height, location
on the lot, appurtenances, distance from buildings and other information deemed
necessary by the Zoning Board.
F.
Where the applicant is not the owner of the premises,
the application shall also be accompanied by the original or a true statement
signed by all the owners of record consenting to the construction of the tower
on the premises.
Any violation of any of the provisions of this article shall be punishable
by a fine of not more than $250 or imprisonment for not more than 15 days,
or both such fine and imprisonment.
[Adopted 9-13-2004 by L.L. No. 10-2004]
A.
The Town of Wheatfield, in support of the Federal Communications
Authorization Act of 1988, encourages and supports the Amateur Radio Service
in its emergency communications efforts and takes into account the valuable
contributions made by amateur radio operators when considering actions affecting
the Amateur Radio Service.
B.
The Town recognizes the Amateur Radio Service as a voluntary
noncommercial communications service, particularly with respect to providing
emergency communications. Moreover, the Amateur Radio Service provides a reservoir
of trained operators, technicians and electronic experts who can be called
on in time of national emergencies. By its nature, the Amateur Radio Service
also provides the opportunity for individual operators to further international
goodwill.
Because amateur station communications are only as effective as the
antennas employed, antenna height restrictions directly affect the effectiveness
of amateur communications. Some amateur antenna configurations require more
substantial installations than others do if they are to provide the amateur
operators with the communications he/she desires to engage in; for example,
an antenna used to contact other amateur operators at shorter distances. Therefore,
Town of Wheatfield regulations which involve placement, screening or height
of antennas based on health, safety or aesthetic considerations must be crafted
to reasonably accommodate amateur communications and to represent the minimum
practicable regulation to accomplish the Town's legitimate purpose.
A.
Upon weighing the FCC's interests of the amateur radio operators
program, the Town of Wheatfield implements a limited pre-emption policy. Accordingly,
local regulations that operate to preclude amateur communications within the
Town of Wheatfield which are in direct conflict with federal objectives must
be pre-empted.
B.
Also, it is important that the Town Planning Board and the Zoning
Board of Appeals recognize that applications for site plan or special permit
approvals or for area variance relief for an amateur radio antenna must be
treated differently. These Boards should strive to craft their approvals in
a way which would represent the minimum practicable regulation to accomplish
the Boards' legitimate purposes when addressing issues of placement, screening
or height of antennas.