The Town of Lima recognizes the increased demand for wireless
communications transmitting facilities and the need for services they
provide. Often these facilities require the construction of a communications
tower. The intent of this chapter is to regulate telecommunications
facilities, as herein defined, in order to achieve the following:
A. Promote the health, safety and general welfare of the residents of
the Town of Lima.
B. Protect the natural features and aesthetic character of the Town
of Lima.
C. Provide standards for the safe provision of telecommunications facilities
consistent with applicable federal and state regulations.
D. Protect the Town's interest in properly siting towers in a manner
consistent with sound land use planning, while also allowing wireless
services providers to meet their technological and service objectives.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
An accessory facility or structure serving or being used
in conjunction with a telecommunications facility or tower and located
on the same lot as the telecommunications facility or tower. Examples
of such structures include utility or transmission equipment, storage
sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, PCS and microwave communications.
CAMOUFLAGING
The construction of facilities to house or support telecommunications
towers so that the towers blend readily with the landscape, neighborhood
and adjacent architectural features. Examples of camouflaging that
could be used are silo and barn, windmill and simulated tree.
CO-LOCATED ANTENNAS
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which
do not require construction of a new tower.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services (PCS), paging services, radio and television broadcast services
and similar broadcast services. The following types of telecommunications
facilities are not subject to the provisions of this section:
A.
Antennas used solely for residential household television and
radio reception.
B.
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. (NOTE: FCC Rule Regarding
Preemption of Local Zoning Regulations Satellite Antennas, 47 CFR
Part 25.)
TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which employ camouflage technology.
No special use permit or renewal thereof or modification of
a current special use permit relating to a telecommunications facility
shall be authorized by the Planning Board unless it finds that such
telecommunications facility:
A. Is necessary to meet current or expected demands for services.
B. Conforms with all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration and other
federal agencies.
C. Is considered a public utility in the State of New York.
D. Is designed and constructed in a manner which minimizes visual impact
to the extent practical.
E. Complies with all other requirements of this chapter, unless expressly
superseded herein.
F. Is the most appropriate site among those available within the technologically
feasible area for the location of a telecommunications facility.
The following criteria and additional requirements shall apply
to each application for a telecommunications facility:
A. Dimensional standards.
(1) Setbacks.
(a)
All new towers shall be set back from all adjacent property
lines a sufficient distance to safeguard the general public and/or
adjacent property. In the absence of any evidence supporting a greater
or lesser setback distance, a setback of the tower from any adjacent
property line equal to the height of the tower plus 50 feet shall
be deemed adequate. In no case shall a tower be located closer than
1,000 feet to a residential dwelling located upon any other parcel.
(b)
Accessory structures and guy anchors must comply with the minimum
setback requirements of the underlying district.
(2) All telecommunications facilities shall be located on a single parcel.
A lot leased or owned for the purpose of construction of a tower as
part of a telecommunications facility shall not result in the creation
of a nonconforming lot.
B. Co-location.
(1) The shared use of existing telecommunications facilities shall be
preferred to the construction of new facilities. Additionally, where
such shared use is unavailable, location of an antenna on preexisting
structures shall be considered. Any special permit application, renewal
or modification thereof shall include proof that reasonable efforts
have been made to co-locate within (share) an existing telecommunications
facility or upon an existing structure. Copies of written requests
and responses for shared use shall be provided. The application shall
also include an adequate inventory report specifying existing telecommunications
facility sites and structures exceeding 75% of the height of the proposed
tower within the search range of the cell grid. The inventory report
shall contain an evaluation of opportunities for shared use as an
alternative to new construction.
(2) The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facilities
sites or other structures in the inventory due to one or more of the
following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved telecommunications facilities or other structures,
considering existing and planned use for those facilities.
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment which cannot be reasonably
prevented.
(c)
Existing or approved telecommunications facilities or other
structures do not have space on which proposed equipment can be placed
so it can function effectively and reasonably.
(d)
Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structure.
(e)
The property owner or owner of the existing telecommunications
facility or other structure refuses to allow such co-location.
(3) The applicant must examine the feasibility of designing a proposed
commercial communication tower to accommodate future demand for commercial
broadcasting and reception facilities. The scope of this analysis
shall be determined by the Town Planning Board for special use permit
approvals. This requirement may be waived, provided that the applicant
demonstrates that the provisions of future shared usage of the facility
is not feasible and an unnecessary burden, based upon:
(a)
The number of FCC licenses foreseeably available for the area;
(b)
The kind of tower site and structure proposed;
(c)
The number of existing and potential licenses without tower
spaces/sites;
(d)
Available spaces on existing and approved towers; and
(e)
Potential adverse visual impact by a tower designed for shared
usage.
C. Lighting and markings.
(1) Towers shall not be artificially lighted and marked beyond the requirements
of the Federal Aviation Administration (FAA).
(2) Notwithstanding the preceding subsection, an applicant may be compelled
to add FAA-style lighting and marking if, in the judgment of the Planning
Board, such a requirement would be of direct benefit to public safety.
D. Appearance and buffering.
(1) The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, including but not limited to
company name, phone numbers, banners, streamers and balloons, is prohibited.
(2) The facility shall have the least practical visual effect on the
environment, as determined by the Planning Board. Any tower that is
not subject to FAA markings shall otherwise:
(a)
Have a galvanized finish or shall be painted gray or green below
the tree line, as deemed appropriate by the Town Planning Board; or
(b)
Be disguised or camouflaged to blend in with the surroundings
to the extent that such alteration does not impair the ability of
the facility to perform its designed function.
(3) Accessory structures shall maximize the use of building materials,
colors and textures designed to blend in with the natural surroundings.
(4) The Town Planning Board shall require that the facility have appropriate
vegetative buffering around the fences of the tower base area, accessory
structure and the anchor points of guyed towers to buffer their view
from neighboring residences, recreation areas or public roads. Such
screening shall include the maximum feasible retention of existing
vegetation.
E. Traffic access and safety.
(1) A gated and locked road turnaround and two parking spaces shall be
provided to assure adequate emergency and service access. Maximum
use of existing roads, public or private, shall be made. Road construction
shall at all times, minimize ground disturbance and vegetation cutting,
and road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(2) All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism. All such fenced areas shall be screened as provided in Subsection
D(4) above.
(3) The applicant must comply with all applicable state and federal regulations,
including but not limited to FAA and FCC regulations, and must submit
written evidence of such compliance.
(4) The applicant shall in each instance provide a certification from
a qualified, licensed engineer, certifying that the tower or telecommunications
facility meets structural safety standards.
F. Height. The applicant shall submit sufficient information to justify
the proposed height of a tower as the minimum necessary to achieve
its coverage objectives. In no event, however, shall any tower exceed
a height of 199 feet above existing adjoining grade level. The applicant
must also submit documentation justifying the height of any telecommunications
tower and/or antenna. The maximum height of any tower with antenna
shall not exceed a height which will require artificial lighting of
any kind and nature in accordance with any Town, county, state and
federal laws or regulations without first obtaining an area variance
from the Zoning Board of Appeals.