The maximum height for communications towers permitted under this chapter, including any antennas, extensions or other devices extending above the structure of the tower, measured from the ground surface immediately surrounding the site shall be 200 feet.
A special use permit shall be obtained as follows: the owner/applicant shall submit to the Planning Board the application and site plan for its review and recommendation as to the special use permit and for site plan approval.
Prior to the issuance of a special use permit or site plan approval by the Planning Board, the following requirements shall be complied with:
A.
Application and site plan. All applications for a special use permit and site plan approval shall be by written application on forms provided by the Town of Sodus. The application shall include a site plan setting forth specific site data on a map, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:
(1)
The location of property lines and permanent easements.
(2)
The location of the communications tower, together with guy wires and guy anchors, if applicable.
(3)
A side elevation or other sketch of the tower showing the proposed antennas.
(4)
The location of all structures on the property and all structures on any adjacent property within 10 feet of the property lines, together with the distance of these structures to the communications tower.
(5)
The names of adjacent landowners as appears on the Town of Sodus Assessor's records.
(6)
The location, nature and extent of any proposed fencing, landscaping and/or screening.
(7)
The location and nature of proposed utility easements and access road, if applicable.
(8)
Inventory of other communications towers within a two-mile radius of the proposed site.
(9)
A completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.
(10)
A grid or map of all of the owner's/applicants' existing communications tower site areas in the Town of Sodus and site areas proposed or projected by the owner/applicant for installations for a period of two years.
B.
Technical report. All applications for installation of a new telecommunications tower shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radiocommunications facilities and, if the electrical engineer is not qualified to certify the structural soundness of the installation, a New York licensed professional engineer specializing in structural engineering.
(1)
The number, type and design of the tower and antenna(s) proposed and the basis for the calculation of the tower and system capacity.
(2)
The make, model and manufacturer of the tower and antenna(s).
(3)
The frequency, modulation and class of service of radio equipment.
(4)
Transmission and maximum effective radiated power of the antenna(s).
(5)
Direction of maximum lobes and associated radiation of the antenna(s).
(6)
The applicant's proposed tower maintenance and inspection procedures.
(7)
Certification that nonionizing electromagnetic radiation (NIER) levels at the proposed site are within threshold levels adopted by the FCC.
(8)
Certification that the proposed antenna(s) will not cause interference with existing communication devices.
(9)
Certification that the tower and attachments meet all state and federal structural requirements for loads, wind, ice, etc.
(10)
A copy of its FCC license.
C.
Shared use.
(1)
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of an antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
(2)
An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes including real property acquisition or lease required to accommodate shared use.
(3)
In the case of new communications towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing towers. Copies of written requests and responses for shared use shall be provided.
(4)
The applicant must examine the feasibility of designing a proposed commercial communications tower to accommodate future demand for two additional commercial applications. The feasibility analysis shall include an assessment of the necessary structural changes required to accommodate two additional antenna arrays. The scope of this analysis shall be determined by the Town Board for special use permits or the Planning Board for site plan 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.
(e)
Potential adverse visual impact by a tower designed for shared usage.
D.
Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(1)
All communications towers and accessory facilities or structures shall be sited to have the least practical adverse visual effect on the environment.
(2)
A monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding communications tower.
(3)
Reasonable landscaping consisting of trees or shrubs to screen the base of the communications tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(4)
The applicant shall show that it has made good-faith efforts to collocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.
(5)
All towers shall be lighted in such manner as shall be required by the Planning Board regardless of their height or whether such lighting is required by the FAA. Towers shall be painted a galvanized finish or matte gray unless otherwise required by the FAA.
(6)
No communication tower, supporting structure or antenna shall contain any signs or advertising devices except for an appropriately sized sign to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name of the owner and operator of the antenna as well as emergency phone numbers.
(7)
Accessory facilities and structures shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(8)
The applicant shall show that it has made good-faith efforts to collocate on existing towers in an effort to consolidate and avoid visual disturbances to the extent practical.
E.
Setbacks.
(1)
All communications towers and accessory structures shall be set back from abutting residential parcels, public property or right-of-way lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.
(2)
All communications tower bases must be located at a minimum setback from any property line at a distance at least equal to the tower height, or the distance between the tower base and guy wire anchors, or the minimum setback of the underlying zoning district, or a minimum setback at a distance which shall be established at the discretion of the Planning Board as part of the site plan approval procedures based on the unique characteristics of the site, whichever of the foregoing is greater. The minimum setback requirement of this subsection may be increased at the discretion of the Planning Board as part of the site plan approval procedures, or it may be decreased in those instances where the owner/applicant has submitted plans for a tower design in such a manner as to collapse within a smaller area. Such tower design and collapse zone must be acceptable to the Town Code Enforcement Officer.
(3)
All accessory structures must comply with the minimum setback requirements of the underlying zoning district.
F.
Radio-frequency effects. It is recognized that federal laws [Telecommunications Act of 1996, Public Law 104-104, Section 704 (February 8, 1996)] prohibits the regulation of cellular and personal communication services communications towers based on the environmental effects of radio frequency emissions where those emissions comply with the Federal Communications Commission (FCC) standards for those emissions. The Board may, however, impose a condition on the applicant that the communications antennas be operated only at frequencies and power levels designated by the FCC.
G.
Traffic, access and safety.
(1)
All 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 to within the toe of fill top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.
(2)
All communications towers and guy anchors, if applicable, shall be made inaccessible and constructed or shielded in such a manner that they cannot be climbed or run into.
(3)
The applicant must comply with all applicable state and federal regulations including but not limited to FAA and FCC regulations.
H.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
I.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all communication towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
J.
Bond/security. The applicant and the owner of record of the premises may be required to execute and file with the Town Clerk of the Town of Sodus a bond or other form of security acceptable to the Town Attorney and Town Supervisor as to form and manner of execution in an amount sufficient for the faithful performance of the terms and conditions of this chapter, the conditions of the permit or approval issued hereunder, for the observation of all town local laws or ordinances, to cover the maintenance of the tower during its lifetime and provide for its removal. The amount required shall be determined by the Town Board in its special use permit procedure or the Planning Board in its site plan approval procedure, if no special use permit is required. In the event of default upon the performance of any of such conditions or any of them, the bond or security shall be forfeited to the Town of Sodus which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole or accessory facility/structure, and site restoration.
K.
Expiration. The special use permit and site plan approval shall expire upon:
(1)
The failure to commence active operation of the transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole or accessory facility/structure within 12 months of the issuance of a special use permit by the Town Board or final site plan approval by the Planning Board; or
(2)
The discontinuance of the active and continuous operation of the transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole or accessory facility/structure for a continuous period of 12 months, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations.
L.
Conditions. The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed transmission tower, telecommunications tower, communications installation, freestanding tower special use permit or site plan.
Approval of a new commercial communications tower facility or the expansion or modification of any existing commercial tower facility shall be conditioned upon the owner's and applicant's agreement to remove such facility once it is no longer used. Removal of such obsolete and/or unused commercial communications tower facilities shall take place within 12 months of cessation of use.