In order to ensure that the placement, construction
and modification of communications towers, antennas and accessory
communications structures conforms to the Town's purpose and intent
of this article, the Town Board is hereby authorized to grant tower
conditional use permits pursuant to this article. The Town Board hereby
adopts an overall policy with respect to a tower conditional use permit
for communications towers, antennas and accessory communications structures
for the express purpose of achieving the following goals:
A. Implementing an application process for person(s)
seeking a tower conditional use permit for communications towers,
antennas and accessory communications structures.
B. Establishing a policy for examining an application
for and issuing a tower conditional use permit for communications
towers, antennas and accessory communications structures that is both
fair and consistent.
C. Establishing reasonable time frames for granting or
not granting a tower conditional use permit for communications towers,
antennas and accessory communications structures or recertifying or
not recertifying or revoking the tower conditional use permit granted
under this article.
D. Promoting and encouraging, wherever possible, the
sharing and/or collocation of communications towers, antennas and
accessory communications structures among service providers;
E. Promoting and encouraging, wherever possible, the
placement of communications towers, antennas and accessory communications
structures in such a manner as to cause minimal disruption to aesthetic
considerations of the land, lot, property, buildings, and other facilities
adjacent to, surrounding, and in generally the same area as the requested
location of such communications towers, antennas and accessory communications
structures.
F. Minimizing adverse visual effects from telecommunications
facilities by requiring careful siting, visual impact assessment and
appropriate screening.
The following definitions shall apply to this article in addition to the definitions contained in §
130-5:
ACCESSORY COMMUNICATIONS STRUCTURE
Any accessory facility, structure or building serving or
being used in conjunction with a communications tower or antenna.
Examples of such structures include utility or transmission equipment
storage sheds or cabinets.
ANTENNA
Any device or exterior apparatus mounted on a tower, building,
utility pole, light pole or other structure, designed for telephonic,
radio, data, internet or television communications to transmit or
receive communications signals or electromagnetic waves for the purpose
of providing cellular services, telecommunications services, personal
communications services, personal wireless services, wireless cable,
commercial paging, data or wireless services, and its attendant base
station.
COLLOCATION
Arrangement or juxtaposition of multiple antennas on a single
communications tower or multiple communications towers on a single
site.
COMMUNICATIONS TOWER
Any structure that is designed and constructed for the purpose
of supporting one or more antennas intended for transmitting or receiving
television, AM/FM radio, digital, microwave, cellular, telephone or
similar forms of electronic communications, including without limit
freestanding towers, guyed towers, lattice towers, monopole towers,
self-supporting towers and similar structures. The term includes the
structure and any support elements, such as guy wires.
ONE-HUNDRED-PERCENT-CLEAR ZONE
The requirement that, in the event of a tower failure, the
entire height of the tower would fall completely within the boundaries
of the property on which it is located.
If any clause, sentence, paragraph or part of
this article or application thereof to any person or circumstance
shall be adjudged by any court to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof or the application
thereof to the other persons and circumstances but shall be confined
in its operation to the clauses, sentence, paragraph or part thereof
and the persons and circumstances directly involved in the controversy
in which such judgment shall have been rendered.