[Amended 5-3-2010 by L.L. No. 1-2010]
Except as herein otherwise provided, no building or structure
shall be erected or altered, nor shall any building, structure, land
or premises be used for any purpose, other than permitted in the use
district in which such building, structure, land or premises is located.
A.
To facilitate public understanding of this chapter and for the better administration thereof, the regulations limiting the use of buildings and land are set forth in the annexed schedule for each district established by § 165-3 of this chapter. Such schedule is hereby adopted and declared to be a part of this chapter, hereinafter referred to as the "schedule," and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: The Schedule Limiting the Use of Buildings
and Land is included at the end of this chapter.
B.
Whenever in such schedule there appear the words "same as in (designating
district) above," such words shall be construed to include the specific
limitations set forth in the same column for the district thus referred
to. Otherwise, all limitations as to use, percentage of area, permissible
height, required yards and minimum sizes thereof and other requirements
shall be those set forth in such schedule, which for each district
named shall be read across the schedule from left to right.
No land within the Residential Zone District may be subdivided
nor may a lot be established nor permits issued unless in compliance
with the following:
A.
Existing lots.
(1)
An existing lot is a parcel of land shown on the Town Zoning Map
as adopted on April 20, 1989.
B.
New lots.
(1)
New lots are created through the subdivision of land in accordance with Chapter 144, Subdivision of Land. Creation of two or more lots from an existing parcel, regardless of size, shall be deemed to be a major subdivision within this district.
(2)
The average lot size within a proposed subdivision shall be a minimum
of two acres. The minimum lot size shall be one acre.
(3)
The average lot size shall be determined by dividing the area to
be subdivided, exclusive of public rights-of-way, by the number of
lots created.
(4)
Lot size and configuration may vary at the discretion of the Planning
Board, with the provision that the approved lot size and configuration
address the unique character of the land, including slopes, drainage,
watercourses, soil permeability and groundwater supply, and promote
orderly development and/or preservation of the site.
(5)
The Planning Board may authorize creation of a range of lot sizes
resulting in the establishment of several small lots and one or more
large lots, provided that the following provisions are met:
(a)
Restrictions are filed with the approved subdivision plat and
respective deeds stating that such large lots are part of a previous
subdivision action and shall not be further subdivided or used to
meet the lot size requirements for a future subdivision.
(b)
Such large lot or lots may be used for residential purposes
or, if designated as protected open space, shall be preserved and
either held in common by the owners of the residentially occupied
lots, given to the Town as public open space, given to a not-for-profit
organization dedicated to the preservation of natural areas or given
to similar organizations acceptable to the Town Planning Board.
A.
Applicability. The Communication Tower Overlay Zone shall apply to
a property in conjunction with and in addition to the use and geometric
controls of the underlying zone district. Controls applicable to communication
towers shall supersede the requirements of the underlying zone district.
B.
Establishment of the Communication Tower Overlay Zone. The Town Board,
on its own initiative, on recommendation of the Town Planning Board
or on request of a property owner, may expand or establish a Communication
Tower Overlay Zone on any property within the Town, subject to requirements
and procedures applicable to a zone district change established by
this chapter or New York State law.
C.
Town Board review process.
(1)
In addition to the procedural requirements applicable to a zone change
mandated by this chapter and/or New York State law, the Town Board
shall provide at least 30 days for the Town Planning Board and Town
Environmental Conservation Commission to review and comment on any
new or expanded boundary modifications.
[Amended 12-4-1995 by L.L. No. 5-1995]
(2)
All proposals shall include the following:
(a)
Survey showing property boundaries, proposed overlay zone boundary
and underlying zone district classifications.
(b)
Site plan of property showing topography of the site at twenty-foot
contour intervals.
(c)
Topographic map of area within 2,000 feet of the site.
(d)
Map of surrounding land uses and structures within 1,000 feet
of the site.
(e)
Narrative discussion of how the site relates to the scenic quality
of the area and the impacts, if any, upon the landscape, proposed
mitigating measures and the availability of alternative sites.
(4)
The Town Board may designate an applicant or agency to provide the
necessary information and may require that additional information
be provided in order to render a decision.
D.
Permitted uses and structures.
(1)
Communication towers and support facilities shall be permitted only
within the Communication Tower Overlay Zone District and upon special
permit approval by the Town Board.
(2)
Broadcast studios, offices, dispatching facilities and similar principal
uses are prohibited from this overlay zone district unless permitted
in the underlying zone district.
(3)
All other uses or structures shall be subject to the applicable controls
of the underlying zone district.
E.
Locational guidelines for Communication Tower Overlay Zone District.
In considering a zone change, the Town Board shall, to the extent
practical, seek to:
(1)
Concentrate communication tower sites within limited portions of
the Town.
(2)
Avoid residential and future residential areas.
(3)
Avoid sites that substantially contribute to and are important to
the scenic quality of the landscape.
(4)
Coordinate, when appropriate, the designation of a site with the
applicable locational standards of the Federal Communications Commission
(FCC), the Federal Aviation Administration (FAA) and/or the New York
State Public Service Commission (PSC).
(5)
Assess the availability and feasible use of alternative sites.
[Added 4-6-2015 by L.L.
No. 2-2015]
A.
Findings and purpose. The Town of Pompey finds that protection of
agriculture is essential to implementing the goals of the Town of
Pompey Comprehensive Plan. Protection of land for agricultural purposes
is a legitimate zoning objective under New York State law, which the
rules set forth in this section seek to achieve. It is also a policy
of the New York State Constitution to preserve agriculture. The purposes
of the Farm Business Overlay Zone District (hereafter the FB-O District),
among others, are as follows:
(1)
To implement the Town's Comprehensive Plan, which contains the
goals of protecting rural and farm lands, discouraging incompatible
nearby land uses, and promoting agriculture as a component of the
local economy now and in the future;
(2)
To conserve a critical mass of productive farm lands in order
to facilitate active and economically viable farm use of the lands
now and in the future;
(3)
To enhance farm businesses that contribute to the general economic
conditions of the Town;
(4)
To maintain a viable farm base to support agricultural processing
and service industries;
(5)
To separate farm land uses and activities from incompatible
residential, commercial, industrial, and public facility development;
(6)
To prevent fragmentation of the Town's existing farm lands by
nonfarm development; and
(7)
To ensure the availability of a safe, locally grown food supply.
B.
Applicability.
(1)
The FB-O District shall apply to all lands within the Town's
Farm (F) Zoning District which are:
(2)
The FB-O District shall apply to a property in conjunction with
and in addition to the use and geographic controls of the underlying
Farm Zoning District.
C.
Accessory uses.
(1)
In addition to the permitted uses and special permitted uses
for the Farm Zoning District listed in the Use Table in Attachment
1 of this chapter, the following permitted accessory uses are also
allowed for lands within the FB-O District subject to site plan review
by the Town Planning Board. Permitted accessory uses:
(b)
Wineries, breweries, distilleries and cider mills (reuse of
farm buildings and new construction, the latter no greater than 10,000
square feet in gross floor area) selling product in a tasting room,
derived from crops of which a minimum of 25% (when reasonably available)
is grown in the Town of Pompey.
[Amended 9-7-2016 by L.L.
No. 4-2016]
(c)
Other accessory farm or agritourism uses and activities so long
as the general agricultural character of the farm is maintained and
such uses occur through reuse of farm buildings only. Such uses may
include but not be limited to:
[1]
Educational experiences such as farm tours, day camps, farming
and food-preserving classes, cooking classes, nature hikes.
[2]
Value-added processing facilities for farm products of which
a minimum of 50% is grown in the Town of Pompey.
[3]
Bakeries selling baked goods containing produce of which a minimum
of 25% is grown in the Town of Pompey, and baked on site.
[4]
Petting zoos, animal displays, and pony rides.
[5]
Wagon, sleigh, and hay rides.
[6]
Seasonal outdoor crop mazes.
[7]
Family-oriented animated barns (e.g., fun houses, haunted houses).
[8]
Organized meeting space for use by weddings, birthday parties,
and corporate picnics.
[9]
Nature trails.
[10]
Historical farm exhibits.
[11]
Open-air or covered picnic area with restrooms.
[12]
Harvest festivals and barn dances.
[13]
Companion animal or livestock show.
(2)
Appropriate signage, parking, hours of operation, noise, lighting, etc., for all permitted accessory uses shall be established by the Planning Board in conformance with the provisions of § 165-44.
(3)
Water supply, sanitary sewage and food service facilities shall
be subject to Onondaga County Health Department approval.
[Amended 7-10-2017 by L.L. No. 1-2017]
D.
Supplemental standards for permitted uses.
(1)
On-farm retail shops, as described in Subsection C(1) of this section, shall be allowed in the FB-O District as a permitted use, provided that:
E.
Any property and use which are subject to the requirements in this
section and which existed at the time of adoption of this section,
and which use was otherwise in compliance with the Town Zoning Code
at the time of adoption of this section as determined by the Code
Enforcement Officer, is grandfathered from the requirements in this
section.
[Added 6-7-2021 by L.L. No. 2-2021]
A.
Applicability. The solar energy systems Overlay Zone District shall apply to a property in conjunction with and in addition to the uses and dimensional controls of the underlying zoning district. Zoning regulations applicable to solar energy systems as defined in § 165-16.2 of the Code, shall supersede the requirements of the underlying zoning if they are in conflict.
B.
Establishment of the solar energy systems Overlay District. The Town Board, on its own initiative, on recommendation of the Town Planning Board or on request of a property owner, may establish or expand a solar energy systems Overlay Zone on any property within the Town as set forth in § 165-16.2 of the Code.
C.
Town Board review process.
(1)
In addition to the procedural requirements applicable to a zone
change mandated by this section and/or New York State Law, the Town
Board shall provide at least 30 days for the Town Planning Board and
Town Environmental Conservation Commission to review and comment on
any new or expanded boundary modification.
(2)
All proposals shall include the following:
(a)
Survey showing property boundaries, proposed overlay zone boundary
and underlying zone district classification.
(b)
Site plan of property showing topography of the site at twenty-foot
contour.
(c)
Map of surrounding land uses and structures within 1,000 feet
of the site.
(d)
Narrative discussion of how the site relates to scenic quality
of the area and the impacts, if any, upon the landscape, proposed
mitigating measures and the availability of alternative sites.
(3)
The Town Board may designate an applicant or agency to provide
the necessary information and may require that additional information
be provided in order to render a decision.
D.
E.
Locational guidelines for Solar Energy Systems Overlay Zone. In considering
a zone change, the Town Board shall, to the extent practicable, and
in its own discretion, seek to:
(1)
Prevent saturation of solar energy system in one area of the
Town.
(2)
To avoid saturation, no Tier 3 solar energy system Overlay Zone
shall be approved if it is within one mile of an already approved
Tier 3 solar energy system unless the Town Board makes specific findings
that it will not have a significant affect on the community character
of an area.
(3)
Avoid sites that substantially contribute to and are important
to the scenic quality of the landscape.
(4)
Assess the availability and feasible use of alternative sites.
[Amended 12-4-1995 by L.L. No. 5-1995; 4-8-2002 by L.L. No.
1-2002; 3-3-2003 by L.L. No. 1-2003]
A.
Purpose and intent.
(1)
The purpose of this section is to establish predictable and balanced
regulations for the siting of telecommunications facilities in order
to accommodate the growth of such facilities while protecting the
public against adverse impacts on aesthetic resources and potential
health, safety and welfare impacts that might exist. The Town of Pompey
wants to accommodate the need for telecommunications facilities while
regulating their location and number, minimizing adverse visual impacts
through proper design, siting and screening, avoiding potential physical
damage to adjacent properties, and minimizing radio frequency exposures
under a theory of prudent avoidance. Sufficient open space exists
within the Town to accomplish the above objectives.
(2)
The section also seeks to minimize the total number of telecommunications
towers in the community by encouraging limited shared use of existing
and future towers, and the use of high structures as may exist, in
order to further minimize adverse visual effects from telecommunications
towers.
(3)
This section is not intended to prohibit or have the effect of prohibiting
the provision of personal wireless services nor shall it be used to
unreasonably discriminate among providers of functionally equivalent
services consistent with current federal regulations.
(4)
This section proposes the location of cell towers in areas set back
from existing highways and with restrictions on maximum tower height.
Under these criteria, the environmental impact of cell tower installations
should have a minimal impact on the community. Telecommunications
facilities that are located in approved areas will be considered to
be unlisted actions pursuant to the New York State Environmental Quality
Review Act (SEQRA).[1] If it is proven that alternate or secondary sites, closer
to the highways must be considered, these will be Type I actions pursuant
to the New York State Environmental Quality Review Act (SEQRA). Applicants
are strongly encouraged to meet with the Town prior to the submission
of an application for site plan approval.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
B.
ACCESSORY USE
COMMUNICATION TOWER OVERLAY ZONE DISTRICT
PRIMARY SITE
PUBLIC UTILITY; PUBLIC UTILITY SUBSTATION, FACILITY, ETC.
SECONDARY SITE
TELECOMMUNICATIONS ANTENNA
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An accessory use serves the principal use, is subordinate
in area, extent or purpose to the principal use, and is located on
the same lot as the principal use. Examples of such uses include transmission
equipment and storage sheds.
An area zoned by the Town of Pompey to accommodate the installation of multiple towers of any type. There are two commercial tower zones within the Town of Pompey as part of its Town Zoning Law. (See Town of Pompey Zoning Law §§ 165-9 and 165-10.) One is located on Sevier Hill and is occupied by multiple owners and multiple towers. The second tower zone is on Windy Hill Road and is owned and occupied exclusively by Lockheed Martin Corporation. Other tower zones may be created by the Town of Pompey in the case of colocation of multiple towers of any type. All provisions of this pertaining to tower zones applies to all declared tower zones.
A telecommunications facility site located in an area as defined in Subsection E(7), Visibility and aesthetics, of this section meeting specific setback and maximum height requirements.
A public utility is an entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility substation, structure, or use is a facility, structure, or use which is operated by a public utility, and which provides electric, gas, steam, CATV, telephone or other communication service, water or sewerage directly to the general public. For all purposes of this chapter, in no event shall the terms "public utility," "public utility substation," "public utility facility," or any variation thereof contained in this chapter be construed to mean, be, or include a telecommunications tower, telecommunications antenna, a natural gas compression facility, or a natural gas processing facility as those terms are defined in § 165-16.1 of this chapter.
[Amended 6-3-2013 by L.L. No. 1-2013]
A telecommunications facility in any other portion of the
Town of Pompey exclusive of a primary site.
A system of electrical conductors that transmit or receive
radio frequency waves, including so-called "whip" antennas or any
other type of antenna.
Any or all of the physical elements of the central cell facility
that contains all the receivers, transmitters, and other apparatus
needed for cellular/PCS operation [also known as "base transceiver
station (BTS)"].
A structure on which one or more antennas will be located,
that is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for an FCC licensed
carrier, but excluding those used exclusively for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar private, residential communications. The term "telecommunications
tower" shall include those structures that have been built or will
be built on speculation. An existing structure, such as a farm silo
with installed or to be installed whip antennas or any other type
of telecommunications antenna, shall be considered a telecommunications
tower under the provisions of this section.
C.
Modification of existing Sevier Hill Tower Zone boundaries. As part
of this section, the Sevier Hill Tower Zone is reduced in size. At
present, the southern portion, approximately 700 feet measured from
the southern boundary, encloses an area of approximately 35.4 acres,
is unoccupied. This area may be eliminated from the Sevier Tower Zone
without endangering existing installations. The action would move
the southern boundary of the tower zone to about 100 feet from the
southern guy of the existing Channel 9/24 tower. This portion of the
tower zone slopes downward to the south and the viewshed to the north
is somewhat reduced; thus, requiring higher towers to gain a coverage
area equal to existing towers in the northern portion of the zone.
D.
Review authority.
(1)
The Planning Board is hereby authorized to review and approve, approve
with modifications, or disapprove site plans for telecommunications
facilities pursuant to this section. The Planning Board shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed telecommunications
facility, including the use of camouflage of the tower structure and/or
antenna to reduce visual impact.
(2)
Except as provided below, no telecommunications facility shall hereafter
be erected, moved, reconstructed, changed or altered and no existing
structure shall be modified to serve as a telecommunications facility,
except after obtaining site plan approval from the Planning Board
in conformity with this section.
(3)
Telecommunications antenna placed on existing telecommunications
towers do not require a site plan approval, unless the existing tower
or structure is a secondary site, or unless it will be modified in
such a way as to increase its height, or a new accessory structure
would be built.
(4)
The Planning Board may waive any or all of the requirements for approval
for applicants proposing minor changes to existing facilities (such
as fencing modifications, painting, points of ingress and egress,
new antennas for primary sites) and for applicants proposing the use
of camouflage for a telecommunications tower when the Board finds
that such camouflage significantly reduces visual impact to the surrounding
area.
(5)
No building permit shall be issued until the applicant provides proof
that space on the facility has been leased or will be operated by
a provider licensed by the FCC to provide service in the area.
(6)
Siting of telecommunications facilities within the existing tower
districts of the Town is not prohibited. Any new facilities proposed
after the adoption of this section will be required to meet all of
the requirements of this section.
E.
General criteria.
(1)
No site plan approval relating to a telecommunications facility shall
be granted by the Planning Board unless it finds that such facility:
(a)
Is necessary to provide adequate service to locations that the
applicant is not able to serve with existing facilities;
(b)
Conforms to all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration, and other
federal agencies; and
(c)
Will be designed and constructed in a manner which minimizes
visual impact to the extent provided by this section;
(d)
Is the most appropriate primary site among those available within the technically feasible area for the location of a telecommunications facility. Secondary sites will be considered once primary sites are proven nonfeasible per criteria established in Subsection E(7), Visibility and aesthetics, of this section.
(e)
Is located more than 1.25 times the total height of the tower
to electric transmissions lines, other than those serving individual
properties.
(f)
Spacing of future towers is to be guided by a footprint surrounding
all existing towers or future towers. The footprint shall be a circle
with the center point being the base or center of the base of the
tower and a radius extending outward from that point equal to 30%
of the total height of the tower, including any attachments placed
above the tower top, for guyed towers and total height of the tower
plus 25% for freestanding towers. No other towers or guys may intrude
upon this footprint. Further, no towers or guys may intrude upon the
circular area covered by guys and anchors from existing or future
towers within the zone; thus, no intermingling of tower footprints
and guy areas is allowed on the basis of safety to existing or proposed
installations.
(2)
Colocation. The shared use of existing telecommunications towers
shall be preferred to the construction of new facilities. All site
plan approvals, renewals or modifications thereof shall include proof
that reasonable efforts have been made to colocate within an existing
telecommunications facility or upon an existing tower within a reasonable
distance, regardless of municipal boundaries, of the site. The applicant
must demonstrate that the proposed telecommunications facility cannot
be accommodated on existing telecommunications facilities 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 structures; and
(e)
The property owner or owner of the existing telecommunications
facility or other structure refuses to allow such colocation or requests
an unreasonably high fee for such colocation compared to current industry
rates.
(3)
Radio interference.
(a)
No telecommunications tower shall be permitted within 1/4 mile
of an existing telecommunications tower or public utility (telecommunications)
facility without providing proof that the new facility shall not result
in frequency interference. Such proof shall include:
(b)
If, upon initiation of operation, it is found that radio interference
exists with existing permitted facilities, the applicant will be responsible
for modifications or relocation of the telecommunications tower to
another location where such interference will not exist. The applicant
shall submit a plan to the Town of Pompey, affected telecommunications
facilities, other affected public utility (telecommunications) facilities
and other appropriate authorities within three months following discovery
of the interference. The cause of such interference must be corrected
within 60 days following approval of the plan or the facility shall
cease operations until the issue(s) have been addressed.
(4)
Fall zones. The fall zone shall be determined by the Planning Board
based upon the type of tower, location and other pertinent factors.
(5)
Setbacks. Telecommunications facilities shall comply with all existing
setbacks within the affected zone. Setbacks shall apply to all tower
parts including guy wire anchors, and to any accessory facilities.
Additional setbacks may be required by the Planning Board to contain
on-site substantially all icefall or debris from tower failure and/or
to preserve privacy of adjoining residential and public property.
(6)
Lighting. Towers shall not be artificially lighted except to assure
human safety as required by the Federal Aviation Administration (FAA).
Notwithstanding, 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. The Board may choose
the most appropriate lighting and marking plan from the options acceptable
by the FAA at that location. The applicant must provide both standard
and alternative lighting and marking plans for the Board's review.
(7)
Visibility and aesthetics.
(a)
The Town of Pompey is largely undeveloped and is characterized
by rolling hills with scenic vistas. It is the highest Town in the
county and portions thereof are visible from miles away. Preservation
of its skyline, to the extent practicable, is an important asset both
to the Town and residents of Central New York. Accordingly significant
attention must be paid to the visual intrusion potential of telecommunications
towers consistent with the needs for communications within the area.
(b)
Therefore, to protect this asset and to minimize potential health
effects from radio frequency emissions, the Town has established primary
(preferred) site locations for telecommunications towers and has limited
their maximum height as described below. It is recognized that there
may be instances where adequate coverage may not be possible with
this criteria and alternate site considerations may become necessary.
These alternate sites are referred to as "secondary sites." This section
provides sufficient flexibility to allow a provider to construct telecommunications
facilities within secondary areas pursuant to the requirements noted
herein.
(c)
Primary sites; secondary sites.
[1]
Primary sites shall include those areas that are located:
[3]
The following criteria shall apply to primary sites:
[a]
The maximum height for telecommunications towers
permitted under this article, including any antennas or other devices
extending above the tower, measured from the ground surface shall
be 75 feet or 20 feet above the existing tree line (crown canopy top)
whichever is less.
[b]
The applicant shall submit photo documentation
to prove that no more than 20 feet of the structure is visible from
any federal, state, county or Town road within 1/2 mile of the proposed
tower. Photo documentation shall also be provided to show that no
more than 20 feet of the structure and associated antenna are visible
from all residential properties within 1/2 mile of the site at the
time of application to the Planning Board. Visibility will be determined
during warm months when leaves are on deciduous trees. The applicant
will coordinate photo documentation efforts with the Town's Code Enforcement
Officer. The photo documentation will clearly demonstrate the twenty-foot
exposure compliance at a scale of approximately one inch equals 10
feet. The Planning Board will be the sole authority in determining
whether the twenty-foot criteria have been met.
[c]
Power and telephone lines to the facility shall
be run underground where overhead utilities would be visible from
the roadways.
[d]
The project shall be designed to blend with the
natural and/or man-made surroundings to the maximum extent practicable.
[e]
Structures offering slender silhouettes (i.e.,
monopoles or guyed towers) are preferable to freestanding lattice
structures except where such freestanding structures offer capacity
for future shared use. The Planning Board may consider the type of
structure being proposed and the surrounding area and may require
camouflaging of the structure.
[4]
The following criteria shall apply to secondary sites:
[a]
The maximum height for telecommunications towers
permitted under this article, including any antennas or other devices
extending above the tower, measured from the ground surface shall
be no more than 20 feet above the existing tree line (crown canopy
top) or the tallest existing structure within the immediate area.
[b]
If a freestanding tower is proposed, the applicant
shall submit photo documentation to prove that no more than 20 feet
of the structure is visible from any property within 1/4 mile of the
proposed tower. Documentation shall be submitted at the time of application
to the Planning Board. Visibility will be determined during warm months
when leaves are on deciduous trees. The applicant will coordinate
photo documentation efforts with the Town's Code Enforcement Officer.
The photo documentation will clearly demonstrate the twenty-foot exposure
compliance at a scale of approximately one inch equals 10 feet. The
Planning Board will be the sole authority in determining whether the
twenty-foot criteria have been met.
[c]
If telecommunications facilities are proposed to
be located on existing structures, the applicant shall provide an
artist's rendering of the proposed facility with and without camouflage
or a computer generated image to demonstrate the concept being advanced
by the applicant.
[d]
Power and telephone lines to the facility shall
be run underground.
[e]
All secondary sites will incorporate camouflage
to minimize aesthetic impacts associated with the installation. Such
camouflaging shall be appropriate to the agricultural/residential/hamlet
nature of the Town, shall be of appropriate scale for the camouflage
technique selected and shall render the proposed facility substantially
indistinguishable from existing structures, vegetation or land use.
[f]
The applicant shall locate telecommunications equipment
as far away from residents as practical.
[g]
All secondary sites will be treated as a Type I
action pursuant to the New York State Environmental Quality Review
Act.
[5]
No applicant shall propose a telecommunications tower in a secondary
site without first exhausting adjacent primary sites. The Planning
Board will be the sole agency responsible for determining whether
a secondary site shall be considered. The general criteria that must
be met for a secondary site to be considered shall include the following:
[a]
Documentation providing conclusive proof that the
property owners within the primary site areas will not agree to construction
of the proposed telecommunications facility on their properties. The
documentation shall include the names of property owners, dates of
contact, addresses and phone numbers; or
[b]
Documentation demonstrating that the primary site
cannot provide suitable coverage. This documentation shall include
viewshed analyses provided by the Syracuse-Onondaga County Planning
Agency (SOCPA) and field measurement of existing signal strength along
the highway segment in question. Such tests shall be witnessed by
the Town's Code Enforcement Officer.
[c]
Documentation that the owner(s) of potential primary
sites are requiring substantially higher compensation for site rental
than is provided by industry standards.
(8)
Vegetation and screening.
(a)
Existing on-site vegetation shall be preserved to the maximum
extent possible.
(b)
Clear-cutting of all trees in a single contiguous area shall
be minimized to the extent possible.
(c)
The Planning Board will require appropriate vegetative buffering
around the fences of the tower base area, accessory structures and
the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas, waterways, historic or scenic areas,
or public roads for secondary sites.
(9)
Access and parking.
(a)
A road and parking will be provided to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made. Road construction shall be consistent with standards
for private roads and shall at all times minimize ground disturbance
and vegetation cutting. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
(b)
Equipment or vehicles shall not be stored on the facility site.
(c)
Access roads to primary sites shall be located in such a manner
to minimize disruption to agricultural and other existing uses.
(10)
Signage. The use of any portion of a telecommunications facility
for signs for promotional or advertising purposes, including, but
not limited to, company name, phone numbers, banners, streamers, and
balloons is prohibited. The Planning Board may require the installation
of signage with safety information.
(11)
Security.
(a)
Towers, anchor points around guyed towers, and accessory structures
shall each be surrounded by fencing not less than six feet in height
surrounding each.
(b)
There shall be no permanent climbing pegs within 15 feet of
the ground.
(c)
Motion-activated or staff-activated security lighting around
the base of a tower or accessory structure entrance may be provided
if such lighting does not project off the site.
(d)
A locked gate at the junction of the access way and a public
thoroughfare may be required to obstruct entry by unauthorized vehicles.
Such gate must not protrude into the public thoroughfare.
(12)
Maintenance. The applicant shall provide the name of the maintenance
company, key points of contact, addresses, phone number, e-mail addresses
if maintenance of the communications tower and associated facilities
is to be contracted out or done by someone other than the applicant/service
provider.
(13)
Engineering standards.
(a)
All telecommunications facilities shall be built, operated,
and maintained to acceptable industry standards. Each application
must contain a site plan for the facility containing the signature
of an engineer licensed by the State of New York.
(b)
Every facility shall be inspected at least every second year
for structural integrity by a New York State licensed engineer. A
copy of the inspection report shall be submitted to the municipality.
(14)
Abandonment and removal. At the time of submission of the application
for a telecommunications facility, the applicant shall submit an agreement
to remove all antennas, driveways, structures, buildings, equipment
sheds, lighting, utilities, fencing, gates, accessory equipment or
structures, as well as any tower used as a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform
its originally intended function for more than 12 consecutive months.
Upon removal, the land shall be restored to its previous condition
including, but not limited to, the seeding of exposed soils. A bond
in the amount of $25,000 or 25% of the construction cost (whichever
is greater) shall be posted with the Town of Pompey to cover the cost
of removal.
(15)
Public hearing notification requirements.
(a)
The only notice required by law for public hearings is publication
within the official Town newspaper 10 days preceding the date of the
public hearing. In recognition of the sometimes controversial nature
of telecommunications facilities, the following steps will be done
to notify potentially affected residents of the proposed action for
secondary sites.
[1]
The applicant will obtain names and addresses for all property
holders within one 1/2 radius of the proposed facility from the Town
Clerk.
[2]
The applicant will send certified mail to all property owners
at least three weeks prior to public hearing.
[3]
The applicant will send noncertified mail notice of public hearing
to those individuals who fail to respond at least two weeks prior
to public hearing.
[4]
The applicant will call and deliver notice to individual property
owners who have not responded to either certified mail or noncertified
mail at least one week prior to public hearing.
[5]
The applicant will submit documentation to the Town Clerk's
office the day of the public hearing detailing his or her attempts
to notify individual property owners.
(b)
Notification for primary sites will include the following steps:
(16)
Radio frequency testing and permit renewal.
(a)
The Town of Pompey requires that the permit holder provide third
party verification that the facility is within permit limits established
by a permit issued by the Federal Communications Commission (FCC).
This shall apply to all facilities at the time of startup, whether
they are categorically excluded or not. Testing shall be done at a
time when cell tower usage is anticipated to be at a maximum. If measurements
demonstrate that the facility is exceeding permit levels then the
Pompey Town Board may rescind the permit after holding a public hearing.
The Pompey Town Board may also rescind the permit if the FCC changes
standards for radio frequency emission levels during the permit period
and the facility is not in compliance with such amended standards.
The Town of Pompey reserves the right to test for radio frequency
emission levels at six-year intervals at each telecommunications tower(s)
location within the Town at the Town's expense.
(b)
The permit holder shall notify the Pompey Town Board at least
two months before submitting a permit renewal application to the FCC.
F.
Submission requirements for applications for approval by municipality.
The Planning Board may waive any particular submission requirement(s)
it determines unnecessary for review of a particular project. These
requirements apply to both primary and secondary sites unless specifically
noted.
(1)
Project participants.
(a)
Provide the names, addresses, and phone and fax numbers of the
following involved parties, as appropriate:
[1]
The landowner of the project site to be purchased or leased;
[2]
The service provider-corporate and point of contact [include
the FCC license number and certificate of need as a public utility
(as/if applicable)];
[3]
Engineering consultant(s);
[4]
Legal representative(s); and
[5]
Other authorized service providers proposing to colocate on
the tower now or in the near future.
(b)
Where colocation is proposed, provide the names, addresses and
phone numbers of the current owner(s) of the tower, building or structure
upon which the colocation was considered or is proposed.
(2)
Site description.
(a)
Provide a narrative description of the proposed project site,
including:
[1]
Existing site improvements, including access, utilities, and
the presence of existing towers, buildings, or other structures;
[2]
Vegetative cover [e.g., plant cover types, species, tree types
(average, minimum, and maximum) relative condition (health) of the
vegetation; and tree stand density] slopes;
[3]
Soils and the depth to bedrock;
[4]
Wetlands and surface water bodies;
[5]
Site drainage;
[6]
Any special plant and animal habitats contained on the NYSDEC
Natural Heritage Program database; and
[7]
Any historic or archeological resources on the site and any
historic resources adjacent to the site.
(b)
Where colocation is proposed, provide to-scale site plans and
elevations of the existing tower, building or structure to be used
for colocation. Provide plans, elevations, and details showing the
proposed electronic communications facilities and existing antennas
located on the tower.
(3)
Site plan and construction details.
(a)
Provide a detailed, labeled, and to-scale site plan stamped
and signed by a professional engineer licensed to practice in the
State of New York that includes the following information:
[1]
Scale, North arrow, date and name of preparer;
[2]
Project site boundaries (if part of a larger parcel, include
a map of the larger, parent parcel and the location of the area to
be acquired or leased for the project).
[3]
Abutting property owners, names and addresses;
[4]
All bodies of water; wetlands; permanent or intermittent streams;
and mean high water mark for larger water bodies on or adjoining the
project site;
[5]
Existing and proposed topographic contours at two-foot intervals
in and within 200 feet of all proposed areas to be disturbed;
[6]
All existing and proposed buildings, structures, roads, utilities,
and driveways. All power and communication cable shall be installed
underground.
[7]
Existing vegetation cover types and tree lines;
[8]
The proposed limits of vegetation disturbance and/or clearing
related to the proposed construction of the site access, tower, and
accessory structures;
[9]
All trees four inches or greater in size (diameter at breast
height, DBH) to be removed;
[10]
All proposed plantings; and
[11]
All existing and proposed drainage and erosion
control and stormwater management facilities. An erosion control and
stormwater management plan shall be prepared for the site by a professional
engineer registered in the State of New York and in accordance with
applicable guidance from the United States Environmental Protection
Agency and the New York State Department of Environmental Conservation.
The current version of the document entitled "New York Guidelines
for Urban Erosion and Sediment Control" shall be used in the preparation
of the erosion control plan.
(b)
For any new or improved access roads or driveways, provide a
grading plan, center-line profile, and cross sections (every 100 feet
showing proposed and existing contours at two-foot intervals) and
identify the construction material(s) (e.g., gravel, asphalt). Provide
detailed construction plans and elevation of the proposed tower, antennas,
equipment shelters (enclosed building, structure, cabinet, shed or
box to contain batteries and electrical equipment). Show all foundations,
piers, structural supports, cross arms, guy wires and anchors, antenna-mounting
mechanisms and signage. Label the size, material and provide color
sample of all towers, antennas, and accessory structures (e.g., equipment
shelters, security fencing, signage). All support buildings shall
be masonry faced reinforced concrete structures with steel doors and
without windows.
(4)
Site access, construction, and operation. Describe the type, location,
and size of any road and/or driveway providing existing and proposed
access to the proposed tower site. Describe any proposed temporary
or permanent improvements, including any proposed vegetation removal,
site drainage, crossing of streams, farm fields or wetlands and installation
of impervious, paved surfaces and utilities.
(5)
Visual impact analysis. Provide a visual impact analysis for the
proposed project for secondary sites. (See Appendix I of the "Planning
and Design Manual for the Review of Applications for Wireless Telecommunications
Facilities" published by the New York State Department of State and
the New York State Department of Environmental Conservation program
policy entitled "Assessing and Mitigating Visual Impacts.")
(6)
Telecommunications data. The following documentation will accompany
the initial application for new base transceiver station (BTS) facility
construction or colocation. Two distinct classes of proposed sites
are coverage sites and capacity sites. Some items listed below may
not be required in cases where the municipality agrees that the proposed
site is suitable as proposed. Such cases might arise when it is known
that a site will not cause significant visual impact and when the
proposed site will not force the selection of more controversial neighboring
BTS sites at a later date. Remember that every BTS site (including
colocation) that is approved narrows the options for adjoining neighbor
sites. Such narrowing of options may eventually result in the placement
of future BTS facilities at unacceptable locations.
(a)
Initial application documents relevant to BTS coverage sites.
[1]
The search ring map with alternate sites marked.
[2]
Existing cellular/PCS coverage propagation plot showing existing
operational neighboring sites up to five miles beyond the boundary
of the municipality. This will help the municipality understand the
need for more BTS sites and where they might be located.
[3]
Same as above except add in all proposed sites that are not
the subject of the current application. This will aid the municipality
in gaining a picture of the network planning and to what extent the
subject proposed BTS is required.
[4]
Same as above except add in the subject of the current application
and a reasonable number of alternate primary and secondary sites (one
plot per proposed site, antenna elevation at the required height)
evaluated by the applicant. In particular, note the need for future
BTS facilities and carefully note the expected location of a search
ring to assure it is not more controversial than that which results
from other alternate sites.
[5]
A narrative of sufficient detail to allow the municipality to
understand why individual sites are deemed not viable (technical and/or
visual) and why the proposed site stands out as the best visual prospect
of all the alternate sites.
(b)
Initial application documents relevant to BTS capacity sites.
[1]
History plot of busy hour capacity approaching sector capacity.
This plot allows forecasting increasing user demand in a given cell
sector that, unless addressed, will cause undue blocked or dropped
calls.
[2]
Propagation plots to demonstrate the RF coverage of the existing
BTS sites and the proposed capacity sites and alternative sites if
applicable (one plot per site).
[3]
A narrative or outline that addresses the antenna height required
for the new capacity site and the reduction of antenna height (if
so proposed) that results at neighboring sites. Such antenna height
reductions may provide the opportunity for removal of tower sections
so as to reduce the existing visual impact.
(c)
Utilities. Describe existing utility services (e.g., electric,
telephone, etc.) to the project site and any improvements necessary
to construct and operate the proposed project.
(d)
Other regulatory permits and approvals.
[1]
The applicant shall identify all permits or approvals necessary
from local, state or federal agencies for this proposed project. Provide
names and phone numbers of key points of contact with said agencies.
Provide copies of written approvals and other permits received.
[2]
Provide documentation from the New York State Office of Parks,
Recreation and Historic Preservation that the project will not have
any impact on archeological or any structures or areas eligible for
inclusion on the National or New York State Historic Registers. If
the Historic Preservation Office determines that there is a potential
for impacts to archeological or historic resources, then provide their
recommendations for mitigation of those resources.
[3]
Documentation from the New York State Department of Environmental
Conservation regarding the presence or absence of any protected species
(natural heritage information).
