The Telecommunications Act of 1996 affirmed
the Town of Stanford's authority concerning the placement, construction
and modification of wireless telecommunications facilities. The Town
Board of the Town of Stanford finds that wireless telecommunications
facilities may pose a unique hazard to the health, safety, public
welfare and environment of the Town of Stanford and its inhabitants.
The Town also recognizes that facilitating the development of wireless
service technology can be an economic development asset to the Town
and of significant benefit to the Town and its residents. In order
to ensure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the Town's land use
policies, the Town is adopting a single, comprehensive wireless telecommunications
facilities application and permit process. The intent of this chapter
is to minimize the negative impact of wireless telecommunications
facilities, establish a fair and efficient process for review and
approval of applications, assure an integrated, comprehensive review
of environmental impacts of such facilities and protect the health,
safety and welfare of the Town of Stanford.
This chapter may be known and cited as the "Wireless
Telecommunications Facilities Siting Law for the Town of Stanford."
For purposes of this chapter, and where not
inconsistent with the context of a particular section, the defined
terms, phrases, words, abbreviations and their derivations shall have
the meaning given in this section. When not inconsistent with the
context, words in the present tense include the future tense, words
used in the plural number include words in the singular number and
words in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lot as the wireless telecommunications facilities,
including, but not limited to, utility or transmission equipment storage
sheds or cabinets.
ANTENNA
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequency signals. Such waves shall
include, but not be limited to, radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
APPLICANT
Any person submitting an application to the Town of Stanford
for a special use permit for wireless telecommunications facilities.
APPLICATION
The form approved by the Board, together with all necessary
and appropriate documentation that an applicant submits in order to
receive a special use permit for wireless telecommunications facilities.
BOARD
The Town Board of the Town of Stanford.
COLLOCATION
The use of the same telecommunications tower or structure
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable the Board to evaluate the merits of the application
and to make an informed decision with respect to the effect and impact
of wireless telecommunications facilities on the Town in the context
of the permitted land use for the particular location requested.
EAF
The environmental assessment form approved by the New York
Department of Environmental Conservation (Appendix A to 6 NYCRR §
617.20) and includes a visual EAF addendum (Appendix B).
EPA
The state and/or federal Environmental Protection Agency
or its duly assigned successor agency.
FAA
The Federal Aviation Administration or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission or its duly designated
and authorized successor agency.
FREESTANDING TOWER
A tower that is not supported by guy wires and ground anchors
or other means of attached or external support.
HEIGHT
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest or any other entity.
SPECIAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Town.
STATE
The State of New York.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in
the definition of wireless telecommunications facilities.
TEMPORARY
In relation to all aspects and components of this chapter,
something intended to, or that does, exist for fewer than 90 days.
TOWN
The Town of Stanford, New York.
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS
TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY
A structure, facility or location designed, or intended to
be used as, or used to support, antennas. It includes without limit,
freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology, including, but not limited to,
structures such as a multistory building, church steeple, silo, water
tower, sign or other similar structures intended to mitigate the visual
impact of an antenna or the functional equivalent of such. It is a
structure intended for transmitting and/or receiving radio, television,
cellular, paging, 911, personal telecommunications services, commercial
satellite services or microwave telecommunications, but excluding
those used exclusively for the Town's fire, police and other dispatch
telecommunications, or exclusively for private radio and television
reception and private citizen's bands, amateur radio and other similar
telecommunications.
In order to ensure that the placement, construction
and modification of wireless telecommunications facilities protects
the Town's health, safety, public welfare, environmental features
and other aspects of the quality of life specifically listed elsewhere
in this chapter, the Town Board hereby adopts an overall policy with
respect to a special use permit for wireless telecommunications facilities
for the express purpose of achieving the following goals:
A. Implementing an application process for person(s)
seeking a special use permit for wireless telecommunications facilities.
B. Establishing a policy for examining an application
for and issuing a special use permit for wireless telecommunications
facilities that is both fair and consistent.
C. Establishing reasonable time frames for granting or
not granting a special use permit for wireless telecommunications
facilities, or recertifying or not recertifying or revoking the special
use permit granted under this chapter.
D. Promoting and encouraging, wherever possible, the
sharing and/or collocation of wireless telecommunications facilities
among service providers.
E. Promoting and encouraging, wherever possible, the
placement, height and quantity of wireless telecommunications facilities
in such a manner as to minimize adverse aesthetic impacts to the land,
property, buildings and other facilities adjacent to, surrounding
and in generally the same area as the requested location of such wireless
telecommunications facilities.
All wireless telecommunications facilities and
antennas shall be located, fenced or otherwise secured in a manner
that prevents unauthorized access, specifically as follows:
A. All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to individuals and
constructed or shielded in such a manner that they cannot be climbed
or run into.
B. Transmitters and telecommunications control points
must be installed such that they are readily accessible only to persons
authorized to operate or service them.
Wireless telecommunications facilities shall
contain a sign no larger than four square feet 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(s) of the owner(s) and operator(s) of the antenna(s) as well
as emergency phone number(s). The sign shall be located so as to be
visible from the access point of the site. The sign shall not be lighted
unless the Board shall have allowed such lighting or unless such lighting
is required by applicable provisions of law. The sign shall be approved
by the Board before installation. No other signage, including advertising,
shall be permitted on any facilities, antennas, antenna supporting
structures or antenna towers, unless required by law.
All proposed wireless telecommunications facilities
shall be set back from abutting parcels, recorded rights-of-way and
road and street lines by the greater of the following distances: a
distance equal to the height of the wireless telecommunications facility
or the existing setback requirements of the underlying zoning district,
whichever is greater. Any accessory structure shall be located so
as to comply with the applicable minimum setback requirements for
the property on which it is situated.
The extent and parameters of a special use permit
for wireless telecommunications facilities shall be as follows:
A. Such special use permit shall be nonexclusive.
B. Such special use permit shall not be assigned, transferred
or conveyed without the express prior written consent of the Board,
and such consent shall not be unreasonably withheld or delayed.
C. Such special use permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled or terminated
for a violation of the conditions and provisions of the special use
permit for wireless telecommunications facilities, or for a material
violation of this chapter, after prior written notice to the applicant
and the holder of the special use permit.
The applicant and the owner of record of any
proposed wireless telecommunications facilities property site shall,
at their cost and expense, be jointly required to execute and file
with the Town a bond, or other form of security acceptable to the
Town as to type of security and the form and manner of execution,
in an amount of at least $75,000 and with such sureties as are deemed
sufficient by the Board to assure the faithful performance of the
terms and conditions of this chapter and conditions of any special
use permit issued pursuant to this chapter. The full amount of the
bond or security shall remain in full force and effect throughout
the term of the special use permit and/or until the removal of the
wireless telecommunications facilities, and any necessary site restoration,
is completed. The failure to pay any annual premium for the renewal
of any such security shall be a violation of the provisions of the
special use permit and shall entitle the Board to revoke the special
use permit after prior written notice to the applicant and holder
of the permit and after a hearing upon due prior notice to the applicant
and holder of the special use permit.
The holder of the special use permit shall,
annually, certify in writing to the Town that NIER levels at the site
are within the threshold levels adopted by the FCC. The certifying
engineer must be licensed to practice engineering in the State of
New York; however, he/she need not be approved by the Town.
In the event of a violation of this chapter
or any special use permit issued pursuant to this chapter, the Board
may impose and collect, and the holder of the special use permit for
wireless telecommunications facilities shall pay to the Town, fines
or penalties as set forth below:
A. A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter or of such
ordinance or regulation shall be deemed misdemeanors and for such
purpose only all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
B. Notwithstanding anything in this chapter, the holder
of the special use permit for wireless telecommunications facilities
may not use the payment of fines, liquidated damages or other penalties
to evade or avoid compliance with this chapter or any section of this
chapter. An attempt to do so shall subject the holder of the special
use permit to termination and revocation of the special use permit.
The Town may also seek injunctive relief to prevent the continued
violation of this chapter, without limiting other remedies available
to the Town.
Any applicant desiring relief or exemption from
any aspect or requirement of this chapter may request such from the
Board at a preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special use
permit or, in the case of an existing or previously granted special
use permit, a request for modification of its tower and/or facilities.
Such relief may be temporary or permanent, partial or complete, at
the sole discretion of the Board. However, the burden of proving the
need for the requested relief or exemption is solely on the applicant
to prove to the satisfaction of the Board. The applicant shall bear
all costs of the Board or the Town in considering the request, and
the relief shall not be transferable to a new or different holder
of the permit or owner of the tower or facilities without the specific
written permission of the Board. Such permission shall not be unreasonably
withheld or delayed. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief or exemption will have no significant
effect on the health, safety and welfare of the Town, its residents
and other service providers.
Where this chapter differs or conflicts with
other laws, rules and regulations, unless the right to do so is preempted
or prohibited by the county, state or federal government, the more
restrictive or protective of the Town and the public shall apply.
This chapter shall be effective immediately
upon passage, pursuant to applicable legal and procedural requirements.
This chapter is enacted pursuant to the Municipal
Home Rule Law. This chapter shall supersede the provisions of Town
Law to the extent it is inconsistent with the same, and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law or any other applicable statute.