The purpose of this chapter is to promote the health, safety and general
welfare of the residents of the Town of Phelps through the establishment of
minimum standards to reduce the adverse visual effects of wireless service
facility transmission towers and antennas through careful design, siting and
screening; to protect property values; to protect the physical appearance
of the community and to preserve it's scenic and natural beauty; to avoid
potential damage to adjacent properties from tower failure through proper
engineering and careful siting of structures; to ensure that all residents
of the Town of Phelps are adequately served by personal wireless services
technology; to protect a citizen's ability to receive communication signals
without interference from other communication providers while preserving competition
among communications providers; and to maximize the use of existing towers
or antenna host sites within prescribed districts so as to minimize the number
and visual impact of towers needed to serve the Town of Phelps.
Except as specifically set forth in the Zoning Law, all new wireless
service facilities in the Town of Phelps shall be subject to these and all
applicable regulations.
As used in this chapter, the following terms shall have the meanings
indicated:
ANSI
The American National Standards Institute.
ANTENNA
A device used in communications which converts radio frequency electrical
energy to radiated electromagnetic energy and vice versa; in a transmitting
station, an antenna is the device from which radio waves are emitted.
COLLOCATION
The mounting of wireless service facilities used by two or more persons,
firms or corporations on the same equipment mounting structure.
EAF
The environmental assessment form as defined in 6 NYCRR Part 617.
EPA
The Environmental Protection Agency.
EQUIPMENT MOUNTING STRUCTURE
Any structure used primarily to support reception or transmission
equipment, including but not limited to antenna support structures, towers
and monopoles.
FAA
The Federal Aviation Administration.
PERSONAL WIRELESS SERVICES
Commercial mobile services, wireless telecommunications services,
duly authorized devices which do not require individual licenses (excluding
the provision of direct-to-home satellite services), and common carrier wireless
exchanges including cellular radiotelephone, specialized mobile radio system
and personal communications services.
PUBLIC UTILITY
Any person, firm, corporation or governmental agency which is duly
authorized to furnish to the public, under governmental regulation, electricity,
water, sewage treatment or steam.
SPECIAL USE
A use which is deemed allowable within a given zoning district, but
which is potentially incompatible with other uses and therefore is subject
to special standards and conditions of such use subject to the approval of
the Zoning Board of Appeals.
WIRELESS SERVICE FACILITY
A facility for the provision of wireless services. A wireless service
facility includes an antenna, equipment mounting structure and accessory buildings
and equipment.
All new wireless service facilities and all additions and/or modifications
to currently existing wireless service facilities shall be allowed in all
areas of zoning, except R-1, and only pursuant to a special use permit issued
by the Zoning Board, in accordance with the criteria set forth in this chapter.
All applicants for a special use permit shall file with the Zoning Officer
five copies of the following documents:
A. Site plan. The site plan shall show elevations, height,
width, depth, type of materials, color schemes and other relevant information
for all existing and proposed structures, equipment, parking and other improvements.
The site plan shall also include a description of the proposed wireless service
facility and such other information that the Zoning/Planning Board requires.
B. Environmental assessment form: a completed environmental
assessment form (EAF), including the visual EAF addendum. Particular attention
shall be given to visibility from key viewpoints identified in the visual
EAF addendum, existing treelines and proposed elevations.
C. Landscape plan: a landscape plan delineating the existing
trees or areas of existing trees to be preserved, the location and dimensions
of proposed planting areas, including the size, type and number of trees and
shrubs to be planted, curbs, fences, buffers, screening, elevations of fences
and materials used.
D. Documentation of proposed height: documentation sufficient
to demonstrate that the proposed height is the minimum height necessary to
provide service to locations which the applicant is not able to serve with
existing facilities within and outside the Town of Phelps.
E. Statement regarding collocation: for new wireless service
facilities, a statement by the applicant that construction of the facility
will accommodate collocation of additional facilities for future users.
F. Structure engineering report: a report prepared by a
New York State licensed professional engineering firm specializing in structural
integrity of the wireless service facility. In the case of a tower or monopole,
the structural engineering report shall describe the structure's height
and design, including a cross section of the structure, demonstrate the structure's
compliance with applicable structural standards and describe the structure's
capacity, including the number of antennas it can accommodate and the precise
point at which the antenna shall be mounted. In the case of an antenna mounted
on an existing structure, the structural engineering report shall indicate
the ability of the existing structure to accept the antenna, the proposed
method of affixing the antenna to the structure and the precise point at which
the antenna shall be mounted.
G. Engineering analysis of radio emissions: An engineering
analysis of radio emissions, and a propagation map for the proposed wireless
service facility. The analysis shall be prepared and signed by a New York
State licensed professional engineer specializing in electrical engineering
with expertise in radio communication facilities. The results from the analysis
must clearly show that the power density levels of the electromagnetic energy
generated from the proposed facility are within the allowable limits established
by the FCC which are in effect at the time of the application. If the proposed
wireless service facility would be collocated with an existing facility, the
cumulative effects of the facilities must also be analyzed. The power density
shall be based on the assumption that all antennas mounted on the proposed
facility are simultaneously transmitting radio energy at a power level equal
to the maximum antenna power rating specified by the antenna manufacturer.
H. Map of proposed charges and existing facilities: a map
showing the area of coverage of the proposed facility and listing all existing
wireless service facilities in the Town of Phelps and bordering municipalities
containing wireless service facilities used by the applicant, and a detailed
report indicating why the proposed wireless service facility is required to
provide service to locations which the applicant is not able to serve with
existing facilities which are located within and outside the Town of Phelps,
by collocation or otherwise.
Applicants for special use permits for establishment or construction
of wireless service facilities shall meet all of the following criteria:
A. Necessity. The proposed wireless service facility is
required to provide service to locations which the applicant is not able to
serve with existing facilities which are located within and outside the Town
of Phelps, by collocation or otherwise.
B. Collocation. The collocation of existing wireless service
facilities shall be strongly preferred to the construction of new wireless
service facilities. If a new site for a wireless service facility is proposed,
the applicant shall submit a report setting forth in detail an inventory of
existing wireless service facilities which are within a reasonable distance
from the proposed facility with respect to coverage, an inventory of existing
wireless service facilities with other municipalities which can be utilized
or modified in order to provide coverage to the locations the applicant is
seeking to serve and a report on the possibilities and opportunities for collocation
as an alternative to a new site. The applicant must demonstrate that the proposed
wireless service facility cannot be accommodated on an existing facility or
on an existing facility in another municipality due to one or more of the
following reasons:
(1) The proposed equipment would exceed the existing and
reasonably potential structural capacity of existing and approved wireless
service facilities, considering existing and planned use for those facilities.
(2) The existing or proposed equipment would cause interference
with other existing or proposed equipment which could not reasonably be prevented
or mitigated.
(3) Existing or approved wireless service facilities or in
neighboring municipalities do not have space on which the proposed equipment
can be placed so it can function effectively and reasonably, and the applicant
has not been able, following a good-faith effort, to reach an agreement with
the owners of such facilities.
(4) Other reasons that make it impracticable to place the
proposed equipment on existing and approved wireless service facilities in
other municipalities.
(5) Service to the locations to which the applicant seeks
to provide service cannot be provided by existing facilities within or outside
the Town of Phelps.
C. Maximum height. Unless the FCC promulgates rules to the
contrary or the applicant demonstrates to the satisfaction of the Board granting
the special use permit that a greater height is necessary, the maximum height
for the tower or monopole shall be 80 feet above ground level or the minimum
height necessary to provide service to locations which the applicant is not
able to serve with existing facilities within and outside the Town of Phelps,
whichever is less.
D. Minimum lot size. The minimum lot size for a tower or
monopole shall be equal to the square of twice the tower or monopole's
height, or the minimum lot size required by the underlying zoning district,
whichever is greater.
E. Setbacks. Unless the FCC promulgates rules to the contrary,
all wireless service facilities shall be separated from all residential dwellings
and roadways by a distance of no less than 500 feet. In no case shall a setback
be less than 20 feet or the minimum setback required by the underlying zoning
district, whichever is greater. The setback shall increase 100 feet for each
10 feet that the wireless service facility exceeds the maximum height set
forth in the underlying zoning district. Setbacks from towers or monopoles
shall be measured from the base of the structure.
F. Security fencing. A chain-link fence with a minimum height
of eight feet shall be provided around each tower, monopole and guy anchor
to secure the site and provide an opaque barrier. Access to the structure
shall be through a locked gate.
G. Architectural compatibility. Where a wireless service
facility is to be attached to an existing building or structure, such facility
shall be integrated into such existing building or structure in a manner which
blends with the architectural characteristics of the building or structure
to the maximum extent practicable.
H. Placement. Unless wall-mounted on an existing roof-mounted
mechanical enclosure or similar appurtenance, all antennas mounted on a roof
shall be located so that visibility of the antenna is limited to the greatest
extent practicable. Antennas wall-mounted on a roof-mounted mechanical enclosure
or similar appurtenance shall not exceed the height of the appurtenance at
the point of installation.
I. Security bond. A security bond must be posted with the
Town of Phelps to cover the cost of removal of the tower and the restoration
of the property. The amount of the bond shall be equal to the amount of the
full-assessed value of the wireless service facility with a review by the
Town Board every five years.
The proposed wireless service facility shall meet the following applicable
design guidelines:
A. Finish; colors. Towers or monopoles not requiring Federal
Aviation Administration (FAA) painting or markings shall either have a galvanized
finish or be painted gray or blue-gray above the surrounding treeline and
green or tannish-brown below the surrounding treeline.
B. Illumination.
(1) Towers over 80 feet must have a strobe at the top during
daylight hours and have at least one pulsating low-powered red light at the
top of the structure and one constant red light 1/2 the distance from the
top to the bottom of the structure for the hours of darkness.
(2) Signals, lights or illumination on wireless service facilities
shall be as required by the FAA or other federal, state or local authority.
C. Landscaping for towers or monopoles. For towers or monopoles,
vegetative screening shall be provided to effectively screen the tower base
and accessory facilities. At a minimum, screening shall consist of one row
of native evergreen shrubs or evergreen trees capable of forming a continuous
hedge at least five feet in height within two years of planting. Existing
vegetation shall be preserved to the extent practicable and may be used as
a substitute of or a supplement toward meeting landscaping requirements. Additional
screening may be required to screen portions of the structure from nearby
residential property or important views. All landscaping shall be properly
maintained to ensure good health and viability.
D. Visibility. All wireless service facilities shall be
sited to have minimum adverse visual effect on residential areas, parks or
major roadways.
E. Signage. Signage shall be prohibited on wireless service
facilities except for those signs required by regulating government agencies.
Alteration of an existing monopole/tower which results in the increase
in the size or height of the monopole/tower and/or the addition of antennas
shall be permitted only after application to the Zoning/Planning Boards, which
shall review the matter as an entirely new application for a special use permit.
The following are exemptions from this chapter but are regulated by
the FCC:
A. Machines and equipment designed and marketed as consumer
products, such as walkie-talkies, ham radios not used in/for commercial purposes
and remote-control toys.
B. Hand-held, mobile, marine and portable radiocommunication
transmitters and/or receivers.
C. Two-way radios utilized for temporary or emergency service
communication.
D. Two-way radios utilized for government service communications.
E. Back-up wireless transmitters connected to an alarm,
monitoring service that transmits to a remote monitoring center in the event
of an emergency when the telephone lines are inoperable.
F. Over-the-air receive-only devices in compliance with
FCC rules and standards.