[Added 8-12-1998 by L.L. No. 1-1998[1] ]
The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Jerusalem; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunication 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 telecommunication towers
by requiring careful siting, visual impact assessment and appropriate
landscaping.
Telecommunication towers are permitted as a
special use in all districts in accordance with the regulations in
this article.
A.
No person shall construct or operate a telecommunication tower, except those approved prior to the effective date of this article, until he has obtained a special use permit as provided in Article X and this article.
B.
Applicants proposing to collocate on a previously approved telecommunication tower do not require a special use permit, but are required to obtain a building permit. The Code Enforcement officer (CEO) may require the applicant to submit any of the items under § 160-84A below as part of the building permit process.
Use of existing tall structures may require a special use permit. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers (see § 160-83B above) 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 building permit.
(2)
Documentation of intent from the owner of the existing
facility to allow shared use.
(3)
A site plan. The site plan shall show all existing
and proposed structures and improvements including antennas, roads,
buildings, guy wires and anchors, parking, fencing and landscaping,
and shall include grading plans for new facilities and roads. Any
methods used to conceal the modification 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.
B.
If an 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 Zoning Board conducts a public hearing and complies with all State Environmental Quality Review Act (SEQRA) provisions, the Zoning Board shall grant a special use permit without further review under this section. if the Board determines that any modifications indicated according to Subsection A are significant, it may require further review according to §§ 160-89 through 160-99.
A.
The Board may consider a new telecommunication tower
when the applicant demonstrates that shared use of existing tall structures
and existing or approved towers is impractical.
B.
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 Board in consultation with the applicant.
The report shall outline opportunities 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/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
Shared usage of existing tower site for placement of new tower. Where shared use of 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 § 160-85 above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of §§ 160-88 through 160-99.
The Board may consider a telecommunication 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 § 160-85 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 § 160-86. Any proposal for a new telecommunication tower shall also be subject to the requirements of §§ 160-88 through 160-99.
The applicant shall design a proposed new telecommunications
tower to provide for collocation of at least three carriers or designed
so that it can be retrofitted to accommodate a minimum of three carriers.
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 CEO prior to issuance of a building permit and shall
state that the applicant will:
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 prorated 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 of the costs 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 § 160-65. 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 fencing, and shall include grading plans for new facilities and roads.
B.
Supporting documentation. The applicant shall submit
a complete short EAF, a complete visual environmental assessment form
(visual EAF addendum) and documentation on the proposed intent and
capacity of use as well as a justification for any clearing required.
The applicant shall also submit a copy of its Federal Communications
Commission (FCC) license.
All proposed telecommunication 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 ice-fall 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 Board determines that this provision
may be waived.
B.
Telecommunication towers shall comply with all existing
setback requirements of the underlying zoning district, and shall
be located with a minimum setback from any property line equal to
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 may include:
A.
A Zone of Visibility Map 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 or any historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travellers. 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, fencing around the tower, accessory buildings and overhead
utility lines from abutting properties and streets.
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.
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
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 their discretion may modify this
requirement if the applicant can justify the need to exceed this height
limitation.
D.
The Board may request a review of the application
by a qualified engineer in order to evaluate the need for and the
design of any new tower, at the applicant's expense.
E.
Accessory structures shall maximize the use of building
materials, color and textures designed to blend with the 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 a height of four feet off the ground)
shall take place prior to the approval of the special permit.
Deciduous or evergreen tree plantings may 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, 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. The Board shall determine the number
of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard.
The tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the 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 CEO with in 30 days of the discontinuance of use of the tower. This letter shall be filed with the CEO prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). obsolete or unused towers and accessory structures shall be removed from any site within four months after such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations, shall be a violation of this chapter and shall be punishable according to § 160-78, Penalties for offenses.
The applicant and the owner of record of the
premises shall be required to execute and file with the Town Clerk
of the Town of Jerusalem a letter of credit or other form of security
acceptable to the Town Attorney as to form and manner of execution
in an amount sufficient for the faithful performance of the terms
and conditions of this section, the conditions of the permit or approval
issued hereunder, for the observation of all Town local laws or ordinances
to cover the maintenance of the tower during its lifetime, and provide
for its removal. The amount required shall be at the applicant's expense
as determined by the Town Engineer. In the event of default upon the
performance of any of such conditions, the letter of credit or security
shall be forfeited to the Town of Jerusalem, which shall be entitled
to maintain an action thereon. The letter of credit or security shall
remain in full force and effect until the removal of the tower, satellite
dish, antenna, pole and/or accessory facility/structure, and site
restoration.
In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
tall structure or existing telecommunication 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 telecommunication
tower shall notify in writing the legislative body of each municipality
that borders Jerusalem, the Yates County Planning Board and the Director
of Yates 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.
B.
Documentation of this notification shall be submitted
to the Board at the time of application.
