This chapter shall be entitled "Telecommunication
Towers Local Law of the Town of Dayton."
This chapter shall apply to any telecommunications
towers, including television towers for digital television.
The Zoning Board of Appeals shall hear and issue any special use permits as required under §
180-45 of Chapter
180, Zoning, of the Code of the Town of Dayton. A public hearing shall require notice in the official Town newspaper and information notice in Gowanda Pennysaver.
All applicants for a special use permit for
the construction of a telecommunications tower in the Town of Dayton
shall submit the following:
A. A report from a professional engineer which shall:
(1) Describe the tower and the technical, economic and
other reasons for the tower design.
(2) State that the tower is structurally sound.
(3) Describe how many and what kinds of antenna are proposed.
(4) Describe how many and what kind of antenna are possible
on the tower.
(5) Demonstrate that the site can contain on-site substantially
all ice-fall or debris from tower failure.
(6) An analysis of the area containing existing topographical
contours and a visual study depicting where within a three-mile radius
any portion of the proposed tower could be seen.
B. A copy of the applicant's Federal Communications Commission
(FCC) license, including any requirements from the Federal Aviation
Administration (FAA).
C. A letter of intent committing the tower owner to negotiate
in good faith for shared use by third parties in the future. This
letter, which shall be filed with the Building Inspector prior to
the issuance of a building permit (assuming the telecommunications
tower is approved), shall commit the tower owner and its successors
in interest to:
(1) Respond in a timely, comprehensive manner to a request
for information from a potential shared-use applicant.
(2) Negotiate in good faith for shared use by third parties.
(3) Allow shared use if an applicant 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 cost, site design,
construction and maintenance, financing, return on equity, and depreciation,
and all of the cost of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
D. The reports and evaluations required in §
165-6, Shared use, and use without causing electromagnetic interference.
[Amended 8-26-2002 by L.L. No. 1-2002; 2-8-2011 by L.L. No. 1-2011]
A. When an existing building is proposed to be used, the applicant shall
submit the following:
(1) A full environmental assessment form (EAF) and the visual addendum
to the EAF. The Zoning Board of Appeals may require submittal of a
more detailed visual analysis based on the results of the visual addendum.
(3) Any other material that the Zoning Board of Appeals deems necessary
to evaluate the application.
B. Any permit granted pursuant to this chapter shall be valid only for
the number and any type of antennas, and the related equipment in
the application and approval. Any increase in the number or change
in the type of antennas or tower equipment for any existing tower
must be approved by the Zoning Board of Appeals and will be subject
to an application fee of $750.
Towers and antennae shall comply with all existing
setbacks within the zoning district in which they are sited. Additional
setbacks may be required by the Zoning Board of Appeals to contain
on-site substantially all ice-fall or debris from tower failure an/or
to preserve privacy of adjoining residential and public property.
Setbacks shall apply to all tower parts, including guy wire anchors,
and to any accessory facilities.
[Amended 8-26-2002 by L.L. No. 1-2002; 11-14-2006 by L.L. No. 2-2006]
A. The applicant shall pay an application fee of $3,000 to the Town
Clerk on the application's being filed with the Town for the
proposed telecommunications tower. Said application fee is not refundable
if the application is denied. For each antenna, there shall be an
additional fee of $1,000; provided, however, that this initial application
fee for tower antennas shall not exceed $6,000. Every three years
there shall be a renewal fee of $500 due which shall be collected
by the Town Clerk after inspection of the telecommunications tower
by the Code Enforcement Officer every three years.
B. The Town of Dayton reserves the privilege to charge additional reasonable
fees to the applicant for engineering and/or other consultants'
services as may from time to time be required in conjunction with
reviewing and analyzing pertinent information relative to such applications.
[Added 8-26-2002 by L.L.
No. 1-2002]
Any person who or which shall violate any provisions
of this chapter shall be punishable, upon conviction, by a fine of
not more than $250 or a term of imprisonment not to exceed 15 days,
or both.