As used in this article, the following terms
shall have the meanings indicated:
ADMINISTRATIVE REVIEW
A nondiscretionary evaluation of an application by the Town
of Warwick Building Department. The Building Department is authorized
to make determinations of whether an application must first be submitted
to the Planning Department for site plan approval or a special use
permit or directly for a building permit without first obtaining site
plan approval or a special use permit. If the Building Department
is unable to make a determination, it may refer the matter to the
Planning Board for a decision on whether site plan approval or a special
use permit is required. If an application changes in its proposed
intensity while it is pending before the Planning Board, the Board
may reclassify the application as one not requiring site plan approval
or a special use permit, and refer the application to the Building
Department for administrative review and approval.
[Added 4-26-2018 by L.L.
No. 2-2018]
CAMOUFLAGED
A wireless telecommunications facility that is disguised,
hidden, part of an existing or proposed structure, placed within an
existing or proposed structure or completely hidden by surrounding
vegetation is considered camouflaged.
CARRIER
A company, licensed by the Federal Communications Commission
(FCC), that provides personal wireless services.
COLLOCATION
The use of a single wireless telecommunications facility,
either on the ground or on an existing building or structure, by more
than one wireless communications carrier without the need to construct
a new support structure and without a substantial change in the size
of an existing structure.
[Amended 4-26-2018 by L.L. No. 2-2018]
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at the base of
the mount within which is housed the electronic receiving and relay
equipment for a wireless telecommunications facility. Associated equipment
may include air conditioning and emergency generators. This term does
not include offices, long-term storage of vehicles or other equipment
storage or broadcast studios.
FALL ZONES
The area on the ground within a prescribed radius from the
base of a wireless telecommunications facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
FUNCTIONALLY EQUIVALENT SERVICES
Services include but are not limited to cellular, personal
communication services (PCS), enhanced specialized mobile radio, specialized
mobile radio and paging.
GUYED TOWER
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
LATTICE TOWER
A self-supporting mount constructed of vertical metal struts
and cross braces forming a triangular or square structure which often
tapers from the foundation to the top.
LICENSED CARRIER
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
MODIFICATION, MAJOR
Modification or upgrade to an existing wireless telecommunications
facility that would result in a substantial change (see definition)
to the physical dimensions or visual impact of any aspect of the facility,
as determined by the Town Building Department. Major modifications
may include, but are not necessarily limited to: replacement of existing
antennas with new models resulting in an increased number of antennas
and/or height of the existing antennas in the array; an increase of
the overall tower height by more than 10% of the originally approved
and/or constructed tower height (whichever is less); or an increase
to the dimensions of the existing ground-based, rooftop, or other
equipment area (as determined by existing perimeter fencing, existing
heights of equipment shelters, or other markers).
[Added 4-26-2018 by L.L.
No. 2-2018]
MODIFICATION, MINOR
Modification or upgrade to an existing wireless telecommunications
facility that does not result in a substantial change (see definition)
to the physical dimensions or visual impact of any aspect of the facility,
as determined by the Town Building Department. Minor modifications
may include, but are not necessarily limited to: replacement of existing
antennas with new models that results in equal or lesser number and/or
equal or lesser height of the existing antennas in the array; no increase
to the overall tower height, or an increase in tower height of less
than 10% of the originally approved and/or constructed tower height
(whichever is less); or no changes to the existing dimensions of the
ground-based, rooftop, or other equipment area (as determined by existing
perimeter fencing, existing heights of equipment shelters, or other
markers).
[Added 4-26-2018 by L.L.
No. 2-2018]
MONOPOLE
A self-supporting mount constructed of a single shaft of
wood, steel or concrete with below-grade foundations and a platform
(or racks) for panel antennas arrayed at the top.
MOUNT
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
PROFESSIONAL ENGINEER
New York State licensed professional engineer.
[Amended 1-24-2002 by L.L. No. 2-2002]
RADIO FREQUENCY TECHNICAL EXPERT
A certified or licensed radio frequency engineer specializing
in electrical or microwave engineering, especially the study of radio
frequencies.
[Added 1-24-2002 by L.L. No. 2-2002]
REPEATER
A small receiver/relay transmitter of not more than 20 watts'
output designed to provide service to areas which are not able to
receive adequate coverage directly from a primary sending and receiving
site in a wireless telecommunications network.
SECURITY BARRIER
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
SEPARATION
The distance between one carrier's array of antennas and
another carrier's array.
SUBSTANTIAL CHANGE
An increase in the size of an existing tower or ground-based
equipment consisting of one or more of the following:
A.
Height/antenna placement: mounting of antennas on a tower that
would increase tower height by more than 10% of the tower height originally
approved or constructed (whichever is less), or the mounting of one
additional antenna array with separation from the nearest existing
antenna of up to 20 feet, if resulting tower height is increased by
more than 10% of the tower height originally approved or constructed.
The mounting of the proposed antenna may exceed the size limits set
forth in this subsection if necessary to avoid interference with existing
antennas;
B.
Ground-based and ancillary equipment: installation of additional
equipment cabinets or shelters that would increase the overall dimension
of the existing ground-based, rooftop, or other equipment compound,
including but not limited to the perimeter of existing security fencing
or the height of the tallest existing element (e.g., top of ice bridge
or shelter) as measured from surrounding grade or other markers;
C.
Ground-based equipment: excavation outside the current tower
site, defined as the current boundaries of the leased or owned property
surrounding the tower and any access or utility easements currently
related to the site;
D.
Ancillary equipment: installation of new or additional generators, resulting in increases to noise at the property line by more than 10% above existing conditions, except that any noise generated shall comply with the performance standards found in §
164-48 of the Zoning Law;
E.
Lighting: the installation of new FCC-required or other lighting on the tower structure, or an increase in ground-based lighting that increases impacts by more than 10%, except that all lighting shall comply with the lighting requirements found in §
164-43.4 of the Zoning Law; or
F.
Tower structure: the addition of an appurtenance to the body
of the tower that would protrude horizontally from the edge of the
tower more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater, except that
the mounting of the proposed antenna may exceed the size limits set
forth in this subsection if necessary to shelter the antenna from
inclement weather or to connect the antenna to the tower via cable,
except that engineering documentation that the structural capacity
of the tower is sufficient to accommodate the additional appurtenances
shall be provided to the Town.
WIRELESS TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission, including
but not limited to whip, panel and dish telecommunications antennas.
WIRELESS TELECOMMUNICATIONS FACILITY
A facility for the provision of wireless telecommunications
services, as defined by the Telecommunications Act of 1996, and usually
consisting of an equipment shelter, a mount and/or antenna(s). Repeaters
shall be included in the definition of wireless telecommunications
facilities.
WIRELESS TELECOMMUNICATIONS SERVICES
The three types of services regulated by this article: commercial
mobile radio services, unlicensed wireless services and common carrier
wireless exchange access services. These services include cellular,
personal communication services (PCS), enhanced specialized mobile
radio, specialized mobile radio and paging. Excluded from this definition
are services used for fire, police and other dispatch communications
or exclusively for private radio and television reception and private
citizens bands, amateur radio and other similar private, residential
communications.
All wireless telecommunications facilities shall
comply with the performance standards set forth in this section.
A. Camouflage.
(1) All wireless telecommunications facilities shall be
designed to blend into the surrounding environment through the use
of design and color except in such instances where color is dictated
by federal or state authorities, such as the Federal Aviation Administration.
(2) A wireless telecommunications facility which is roof-mounted
on a building shall be concealed within or behind existing architectural
features to limit its visibility from public ways and shall be stepped
back from the front facade in order to limit its impact on the building's
silhouette.
(3) A wireless telecommunications facility which is side-mounted
on a building shall be painted or constructed of materials to match
the color of the building material directly behind it.
(4) The use of stealth technology to camouflage new ground mounts is required as specified in §
164-79A.
[Amended 1-24-2002 by L.L. No. 2-2002]
B. Lighting. Wireless telecommunications facilities shall
not be artificially lighted or display strobe lights unless required
by the Federal Aviation Administration (FAA) or other applicable authority.
C. Noise. Roof-mounted or side-mounted equipment for
wireless telecommunications facilities shall not generate noise in
excess of 50 dB at ground level at the base of the building closest
to the antenna, including standby power generation equipment.
[Amended 1-24-2002 by L.L. No. 2-2002]
D. Radio frequency radiation (RFR) standards. All equipment
proposed for a wireless telecommunications facility shall be authorized
per the FCC Guidelines for Evaluating the Environmental Effects of
Radio Frequency Radiation (FCC Guidelines). The owner of the facility
shall submit evidence of compliance with the FCC standards on a yearly
basis to the Planning Board. If new, more restrictive standards are
adopted by any appropriate federal or state agency, the facility shall
be made to comply or continued operations may be restricted by the
Planning Board. The cost of verification of compliance shall be borne
by the owner and/or operator of the facility.
All wireless telecommunications facilities requiring a special use permit shall comply with the regulations set forth in this section, in addition to those found in §
164-46.
A. Design standards.
(1) Camouflage. The wireless telecommunications facility
shall be designed to eliminate, to the greatest extent possible, the
visibility of the proposed facility as viewed from a residence, public
road or pathway, or public area by means of concealment, camouflage,
disguise, or placement. The applicant shall make every available effort
to ensure that the visibility of the proposed wireless telecommunications
facility is slight or nonexistent. Wireless telecommunications facilities
shall be camouflaged by vegetation and/or design as follows:
[Amended 1-24-2002 by L.L. No. 2-2002]
(a)
Camouflage by vegetation. If wireless telecommunications
facilities are not camouflaged from public viewing by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted wireless telecommunications
facilities shall provide a vegetative buffer of sufficient height
and depth to effectively screen the facility. Trees and vegetation
may be existing on the subject property or installed as part of the
proposed facility, or a combination of both. The Planning Board shall
determine the types of trees and plant materials and depth of the
needed buffer based on site conditions.
(b)
Camouflage by design. In open areas, wireless
telecommunications facilities shall be camouflaged to resemble or
mimic a native coniferous species of tree or by other means, such
as new construction of a silo, flagpole, clock tower, bell tower,
cross tower, steeple or other innovative replication of a structure
that would be consistent with the character of the community as determined
by the Planning Board.
(2) Lighting. Wireless telecommunications facilities shall
not be artificially lighted or display strobe lights unless required
by the Federal Aviation Administration (FAA) or other applicable authority.
Security lighting of equipment structures and other facilities on
site shall be shielded from abutting properties. There shall be total
cutoff of all light at the property lines of the parcel to be developed,
and footcandle measurements at the property line shall be 0.25 initial
footcandles when measured at grade.
[Amended 1-24-2002 by L.L. No. 2-2002]
(3) Signs.
(a)
Signs shall be limited to those needed to identify
the property and the owner and to warn of any danger. No advertising
is permitted anywhere on the facility, with the exception of the identification
signage. All signs shall comply with the requirements of the Town's
sign regulations.
(b)
All ground-mounted wireless telecommunications
facilities shall be surrounded by a security barrier which shall be
posted with "no trespassing" signs. A twenty-four-hour emergency telephone
number shall be posted adjacent to the entry gate. If high voltage
is necessary for the operation of equipment within the facility, signs
shall be posted stating "Danger-High Voltage."
(4) Equipment shelters. Equipment shelters for wireless
telecommunications facilities shall be designed consistent with one
of the following design standards:
(a)
Equipment shelters shall be located in underground
vaults; or
(b)
Equipment shelters shall be designed to be architecturally
compatible, both in style and materials, with principal structures
on the site, as determined by the Planning Board; or
(c)
Equipment shelters shall be camouflaged behind
an effective year-round landscape buffer equal to the height of the
proposed building. The Planning Board shall determine the types of
plant materials and depth of the needed buffer based on site conditions.
(5) Accessory structures. Accessory structures for wireless
telecommunications facilities shall be permitted if the structures
are constructed for the sole and exclusive use and operation of the
telecommunications facility and meet the following requirements:
(a)
Accessory structures may not include office,
long-term vehicle storage, other outdoor storage or other uses that
are not needed to send or receive wireless telecommunications transmissions.
(b)
Accessory structures must be less than 500 square
feet and 15 feet in height.
(c)
Accessory structures must be camouflaged behind
an effective year-round landscape buffer equal in height to the proposed
structure.
(d)
In residential zones, the use of compatible
building materials, such as wood, brick or stucco, is required for
all accessory structures, which shall be designed to match architecturally
the exterior of residential structures in the neighborhood, as determined
by the Planning Board. In no case will metal exteriors be allowed
for accessory structures.
(6) Scenic landscapes and vistas. Wireless telecommunications
facilities shall not be located within open areas that are visible
from public roads, recreational areas or residential development.
As required in § 164-75D(1)(a)[2], all ground-mounted wireless
telecommunications facilities shall be surrounded by a buffer of dense
tree growth or shall be camouflaged by design to minimize the adverse
visual and aesthetic impact.
B. Environmental standards.
(1) Wireless telecommunications facilities shall not be
located in wetlands or in regulated wetland buffer areas, in endangered,
threatened, or special concern species habitats, water bodies, historic,
or archaeological sites.
(2) No hazardous waste shall be discharged on the site
of any wireless telecommunications facility. If any hazardous materials
are to be used on site, there shall be provisions for full containment
of such materials. An enclosed containment area shall be provided
with a sealed floor, designed to contain at least 110% of the volume
of the hazardous materials stored or used on the site.
(3) Any increase in stormwater runoff shall be contained
on site.
[Amended 1-24-2002 by L.L. No. 2-2002]
(4) Ground-mounted equipment for wireless telecommunications
facilities shall not generate noise in excess of 50 dB at the property
line, including standby power generation equipment.
[Amended 1-24-2002 by L.L. No. 2-2002]
C. Safety standards.
(1) Radio frequency radiation (RFR) standards. All equipment
proposed for a wireless telecommunications facility shall be authorized
per the FCC Guidelines. The owner of the facility shall submit evidence
of compliance with the FCC Guidelines on a yearly basis to the Planning
Board. If new, more restrictive standards are adopted by any appropriate
federal or state agency, the facility shall be made to comply or continued
operations may be restricted by the Planning Board. The cost of verification
of compliance shall be borne by the owner and operator of the facility.
(2) Security barrier. All wireless telecommunications
facilities shall be provided with security measures, such as fencing,
anti-climbing devices, electronic monitoring and other methods, sufficient
to prevent unauthorized entry and vandalism. Fencing shall be solid
wood and shall include a locking security gate. Electrified fence,
barbed or razor wire shall be prohibited.
(3) Structural soundness and fall zone. Wireless telecommunications
facilities shall be designed by a licensed professional engineer to
withstand overturning and failure. In the event of failure, facilities
shall be designed so that they will fall within the setback area of
the site and/or away from adjacent residential properties. The Planning
Board shall require a foundation design and certificate of safety
from the carrier to document structural soundness.
All wireless telecommunications facilities requiring
a special use permit shall comply with the following requirements:
A. Location of other facilities. Applicants shall provide
a Town-wide map showing the location of other existing, approved,
or proposed wireless telecommunications facilities within the Town
of Warwick and all bordering municipalities inside and outside New
York State outlining opportunities for collocation use as an alternative
to the proposed site. The applicant must demonstrate that the proposed
wireless telecommunications facility cannot be accommodated on an
existing, approved, or proposed telecommunications tower, structure
or facility due to one or more of the following reasons:
(1) The antenna would exceed the structural capacity of
the existing, approved, or proposed wireless telecommunications facility,
as documented by a qualified professional engineer, and the existing,
approved, or proposed facility cannot be reinforced, modified or replaced
to accommodate the planned or equivalent antenna at a reasonable cost.
(2) The antenna would exceed the structural capacity of
the existing, approved, or proposed wireless telecommunications facility,
as documented by a qualified radio frequency expert, and the existing,
approved, or proposed facility cannot be reinforced, modified or replaced
to accommodate the planned or equivalent antenna at a reasonable cost.
[Amended 1-24-2002 by L.L. No. 2-2002]
(3) Existing, approved, or proposed wireless telecommunications
facilities cannot accommodate the antenna at a height necessary to
function as documented by a qualified radio frequency expert.
[Amended 1-24-2002 by L.L. No. 2-2002]
(4) Other foreseen reasons that make it not feasible to
locate the antenna upon an existing, approved, or proposed wireless
telecommunications facility. In the event that collocation is not
feasible, a written statement of the reasons for the infeasibility
shall be submitted to the Planning Board. The Planning Board may hire
an independent technical expert in the field of RF engineering to
verify if collocation is not feasible and to evaluate the need for
the proposed facility. The cost for such a technical expert shall
be at the expense of the applicant.
B. Provision for new facilities. Any proposed ground-mounted
wireless telecommunications facility shall be designed, structurally,
electrically and in all respects, to accommodate both the applicant's
antennas and comparable antennas for at least two additional users
if the mount is over 100 feet in height or for at least one additional
user if the mount is over 60 feet in height. Mounts must be designed
to allow for future rearrangement of antennas upon the mount and to
accept antennas mounted at varying height. The applicant shall submit
to the Planning Board a letter of intent committing the applicant,
and his/her successors in interest, to negotiate in good faith for
shared use of the proposed facility by any wireless service providers
in the future. The issuance of a permit (assuming the facility is
approved according to this section) shall commit the new facility
owner and his/her successors in interest to:
(1) Respect in a timely comprehensive manner to a request
for information from a potential shared-use applicant.
(2) Negotiate in good faith concerning future requests
for shared use of the new facility by other wireless service providers.
(3) Allow shared use of the new facility if another wireless
service provider agrees in writing to pay charges.
(4) Make no more than a reasonable charge for shared use,
based on generally accepted accounting principles. 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 depreciation
and all of the costs of adapting the facility to accommodate a shared
user without causing electromagnetic interference.
C. Intermunicipal cooperation. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing
that an existing wireless telecommunications facility in a neighboring
municipality be considered for shared use, the Planning Board shall
require that:
(1) An applicant who proposes a new wireless telecommunications
facility shall notify in writing the legislative body of each municipality
that borders the Town and the County Planning Board. Notification
shall include the exact location of the proposed facility and the
general description of the project, including, but not limited to,
the height of the facility and its capacity for future shared use.
(2) Documentation of this notification shall be submitted
to the Planning Board at the time of application.
A modification of a wireless telecommunications
facility may be considered equivalent to an application for a new
facility and will require a special use permit when the following
events apply:
A. Alterations. The applicant intends to alter the terms
of the special use permit by changing the number of facilities permitted
on site or by changing the technology used for the facility.
B. Additions. The applicant intends to add any equipment
or additional height not specified in the original design filing.
[Amended 1-24-2002 by L.L. No. 2-2002]
No reconstruction, alteration, extension or
replacement shall exceed the height of the existing facility.
[Amended 1-24-2002 by L.L. No. 2-2002]
A special use permit issued for any wireless
telecommunications facility shall be valid for five years. At the
end of that time period, the wireless telecommunications facility
shall be removed by the carrier or a new special use permit shall
be required. In reviewing the new application for a special use permit,
the Planning Board shall determine whether the technology in the provision
of the facility 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. Upon initial issuance of a special use permit for a wireless
telecommunications facility, the new facility shall be put into operation
within two years of approval of the special use permit. If the facility
is not in operation within this time frame, the special use permit
shall expire. The project will be reviewed as a new application if
the special use permit is allowed to expire.