A.
Telecommunications towers, antennas and personal wireless service
facilities are permitted in the following locations, in order of preference:
(2)
Parcels or rights-of-way used exclusively for existing public utilities,
with preference to existing or proposed water towers or other like
structures.
(3)
Locations or facilities of commercial or nonresidential uses.
(4)
If the applicant demonstrates in presenting the documentation required in Subsection C herein that none of the locations set forth in Subsection A(1) through (3) are appropriate, then in that event, the applicant may request that telecommunications towers, antennas or personal wireless service facilities be permitted on any appropriate parcel subject to the conditions and criteria set forth in Article VI of the Zoning Law.[2]
C.
No personal wireless service facility, tower, or repeater shall be
erected, constructed, or installed or undergo major modification without
first obtaining a special permit and site plan approval from the ZBA
in accordance with the requirements set forth herein.
(1)
One or both of two kinds of special permits are required. If applicant
is applying for both permits, they shall be submitted and examined
concurrently.
(a)
A facility/tower special permit (henceforth "F/TSP") for new
facility/tower construction (or major modification of an existing
facility);
(b)
A repeater special permit (henceforth "RSP") for repeater(s)
to be mounted on an existing or newly permitted tower or other structure
(or major modification of an existing structure).
(2)
For personal wireless service facilities or towers, a F/TSP is required. Applicant must submit all information required in § 122-8F.
(3)
For all repeaters proposed for installation, an RSP is required. An RSP may be applied for by an applicant who is currently applying for a F/TSP under § 122-8E of this chapter or by an applicant who has previously received a F/TSP under § 122-8E of this chapter or by an entity which is providing personal wireless services to the Town of Stockport from a base station outside the Town. Applicant must submit all information required in § 122-8E herein.
A.
No personal wireless service facility shall be considered exempt
from this chapter for any reason, whether or not said facility is
proposed to share a tower or other structure with such exempt uses.
B.
Review by independent consultants. In all cases where the Town determined
that a review by a qualified expert of the applicant's application
is warranted, the applicant shall be required to pay for the cost
of such review. This payment shall be made to the Town prior to the
review commencing and the decision being rendered on the application.
Copies of the consultants' findings and reports shall be made
available to the applicant not less than five days prior to any meeting
of the ZBA to consider the consultant's report, and the applicant
shall be given the opportunity to respond to said report in writing
and at the next hearing when the consultant's report will be
considered. The consultants shall each be qualified professionals
in one or more of the following fields:
C.
Attorney's fees. The applicant is responsible for the payment
of the reasonable legal fees incurred by the Town of Stockport in
connection with the ZBA review pursuant to Article V.[1] The applicant will deposit with the Town of Stockport
an amount to be determined by the ZBA at the commencement of its review
of the application, which amount will be credited toward payment of
the Town's legal fees.
D.
Identification of carrier. The proposed carrier shall be identified
as the applicant.
E.
Adequate coverage, adequate capacity and justification of need for
F/TSP.
(1)
Applicant shall provide written documentation of any facility site(s)
in the Town of Stockport, any sites in abutting towns, and/or any
facility site(s) outside the Town of Stockport that are within five
miles of the proposed site in which the applicant has a legal or equitable
interest, whether by ownership, leasehold or otherwise. For each such
facility site, applicant shall demonstrate with written documentation
that this facility site is not already providing, or does not have
the potential by adjusting the site to provide, adequate coverage
and/or adequate capacity to the Town of Stockport.
(a)
The documentation for each facility site listed shall include:
[1]
The exact tower location (in longitude and latitude, to degrees,
minutes and seconds);
[2]
Ground elevation above mean sea level at the tower location;
[3]
Height of tower or structure;
[4]
Type, manufacturer and model number of antenna(s);
[5]
Antenna(s) gain;
[6]
Height of antenna(s) center line on tower or structure;
[7]
Output frequency;
[8]
Number of channels;
[9]
Power input; and
[10]
Maximum ERP per channel.
(b)
Potential adjustments to these existing facility sites, including
changes in antenna(s) type, orientation, gain, height or power output,
shall be specified. Radial plots from each of these facility sites
as they exist and with adjustments as above shall be provided as part
of the application.
(2)
Applicant shall demonstrate with written documentation that it has
examined all existing facility sites in the Town of Stockport, any
sites in abutting Towns, and any sites outside the Town of Stockport
that are within five miles of the proposed site in which applicant
has no legal or equitable interest, whether by ownership, leasehold
or otherwise, to determine whether those existing facility sites can
be used to provide adequate coverage and/or adequate capacity to the
Town of Stockport.
(a)
The documentation for each existing facility site examined shall
include:
[1]
The exact tower location (in longitude and latitude, to degrees,
minutes and seconds);
[2]
Ground elevation above mean sea level at the tower location;
[3]
Height of tower or structure;
[4]
Type, manufacturer and model number of proposed antenna(s);
[5]
Proposed antenna(s) gain;
[6]
Height of proposed antenna(s) center line on tower or structure;
[7]
Proposed output frequency;
[8]
Proposed number of channels;
[9]
Proposed power input; and
[10]
Proposed maximum ERP per channel.
(b)
Radial plots from each of these existing facility sites, configured
as documented above, shall be provided as part of the application.
In addition, the applicant shall provide a list of all sites within
a one-mile radius of the proposed location that have been considered
as alternative sites.
(3)
Distance from existing tower. The applicant must certify that existing
towers within 1,000 feet of the proposed new tower do not meet the
applicant's structural specifications or technical requirements,
or that a collocation agreement could not be obtained at reasonable
terms and conditions, including price.
(4)
The applicant shall demonstrate with written documentation that it
has analyzed the feasibility of repeaters or non-tower-mounted PWSFS
in conjunction with all towers listed in compliance with § 122-8(E)(1)
and (2) above to provide adequate coverage and/or adequate capacity
to the Town of Stockport. Radial plots of all repeaters considered
for use in conjunction with these towers shall also be provided as
part of the application.
F.
Required documentation for F/TSP.
(1)
Copies of all submittals and showings pertaining to: FCC licensing;
tower registration; environmental impact statements; FAA notice of
construction or alteration; aeronautical studies; and all data, assumptions
and calculations relating to service coverage and power density levels
regardless of whether categorical exemption from routine environmental
evaluation under the FCC rules is claimed.
(2)
The exact legal name, address or principal place of business and
the phone number of the applicant. If any applicant is not a natural
person, documentation shall also give the state under which applicant
was created or organized.
(3)
The name, title, address and phone number of the person to whom correspondence
or communications in regard to the application are to be sent. Notice,
orders and other papers may be served upon the person so named, and
such service shall be deemed to be service upon the applicant.
(4)
Name, address, phone number and written consent to apply for this
permit, of the owner of the property on which the proposed personal
wireless service facility and/or tower shall be located, or of the
owner(s) of the tower or structure upon which the proposed personal
wireless service facility shall be located.
(5)
Required plans and engineering plans prepared, stamped and signed by a professional engineer license to practice in the State of New York. Survey plans shall also be stamped and signed by a Professional Land Surveyor registered in the State of New York. Plans shall be on 24 inch by 36 inch sheets, on as many sheets as necessary, and at scales which are no smaller (i.e.; no less precise) than listed below in Subsection F(6)(a) through (g). Each plan sheet shall have a title block indicating the project title, sheet tide, sheet number, date, revision dates, scale(s), and original seal and signature of the PE and other professionals who prepared the plan.
(6)
Applicant shall, as part of its application, provide the ZBA with
the following plans and maps:
(a)
Location map: copy of a portion of the most recent USGS Quadrangle
Map, 7.5 Minute Series, at a scale of 1:24,000, and showing the area
within at least two miles from the proposed tower site; indicate the
tower location and exact latitude and longitude (degrees, minutes
and seconds).
(b)
Vicinity map at a scale of one inch equals 200 feet with contour
intervals no greater than 10 feet showing the entire vicinity within
a radius of 1,000 miles of the property lines within which the tower
site is located, including topography, public and private roads, buildings,
bodies of water, wetlands, historic sites and habitats for endangered
species; indicate any access easement(s) or right(s)-of-way needed
for access from a public way to the tower, and the names of all abutters
or property owners along the access easement(s) or who have deeded
rights to the easement(s).
(c)
Existing conditions plan: a recent survey of the tower site
at a scale no smaller than one inch equals 40 feet with topography
drawn with a minimum of five-foot contour intervals, showing existing
utilities, property lines, existing buildings or structures, stone
walls or fence lines, and wooded areas within a radius of 200 feet
from the base of the proposed tower; show the boundary of any wetlands,
floodplains or watercourses within 200 feet from the tower or any
related facilities, accessways or appurtenances. The survey plan must
have been completed on the ground by a licensed land surveyor within
two years prior to the application date.
(d)
Proposed site plans: proposed site layout, grading and utilities
at the same scale or larger than the existing conditions plan.
[1]
Proposed tower location and any appurtenances, including supports
and guy wires if any, and any accessory building (communication equipment
shelter or other); indicate property boundaries and setback distances
to the base(s) of the tower and to the nearest corners of each of
the appurtenant structures.
[2]
Indicate proposed spot elevations at the base of the proposed
tower and at the base of any guy wires and the corners of all appurtenant
structures.
[3]
Proposed utilities, including distance from source of power,
sizes of service available and required, locations of any proposed
utility or communication lines, and whether such lines are underground
or above ground.
[4]
Limits of areas where vegetation is to be cleared or altered
and justification for any such clearing or alterations.
[5]
Any direct or indirect wetlands alteration proposed.
[6]
Detailed plans for drainage of surface and/or subsurface water,
plans to control erosion and sedimentation both during construction
and as a permanent measure.
[7]
Plans indicating locations and specifics of proposed screening,
landscaping, ground cover, fencing, and any exterior lighting or signs.
[8]
Plans of proposed access driveway or roadway and parking area
at the tower site; include grading, drainage, traveled width, and
a cross section of the access drive indicating the width, depth of
gravel, paving or surface materials.
(e)
Proposed tower and appurtenances.
[1]
Plans, elevations and sections details at appropriate scales,
but no smaller than one inch equals 10 feet.
[2]
Two cross sections through the proposed tower drawn at right
angles to each other, showing the ground profile to at least 100 feet
beyond the limit of clearing and any guy wires or supports; show the
dimension of the proposed height of the tower above average grade
at the tower base; show all proposed antenna including their location
on the tower.
[3]
Typical detail of tower foundation, including cross sections
and details; show all ground attachments and specifications for anchor
bolts and other anchoring hardware.
[5]
Indicate the relative height of the tower to the tops of the
surrounding trees as they presently exist.
[6]
Illustration of the modular structure of the proposed tower,
indicating the heights of sections which could be removed or added
in the future to adapt to changing communications conditions or demands,
and the maximum structurally allowable height of the proposed tower.
[7]
A structural professional engineer's written description
of the proposed tower and structure and its capacity to support additional
antennas or other communications facilities at different heights and
the ability of the tower to be shortened if future communications
facilities no longer require the original height, and that the tower
is designed to withstand winds in accordance with the ANSI/EIA/TIA
222 standards (latest revision).
[8]
A description of available space on the tower, providing illustrations
and examples of the type and number of personal wireless service facilities
which could be mounted on the structure.
(f)
Proposed communications equipment shelter.
(g)
Proposed equipment plan.
[1]
Plans, elevations, sections and details at appropriate scales,
but no smaller than one inch equals 10 feet.
[2]
Number of antennas and repeaters (if any), as well as the exact
locations of all repeaters (if any) located on a map as well as by
degrees, minutes and seconds of latitude and longitude.
[3]
Mounting locations an tower or structure, including height above
ground.
[4]
Antenna(s) types, manufacturer(s) and model number(s).
[5]
For each antenna, the antenna gain and the antenna radiation
pattern.
[6]
Number of channels per antenna, projected and maximum.
[7]
Power input to the antenna(s).
[8]
ERP in normal use and at maximum output for each antenna and
all antennas as an aggregate.
[9]
Output frequency(ies) of the transmitter(s).
(h)
Visual impact analysis.
[1]
A minimum of eight view lines in a zero-to two-mile radius from
the site, shown beginning at true North and continuing clockwise at
forty-five-degree intervals.
[2]
A plan map of a circle two miles in radius of the facility site
on which any visibility of the proposed tower from a public way shall
be indicated.
[3]
Applicant shall utilize the USGS Quadrangle Map, at a scale
of 1:25,000, and submit profile drawings on a horizontal scale of
one inch equals 400 feet, with a vertical scale of one inch equals
40 feet. Trees shall be shown at existing heights and at projected
heights in 10 years.
(i)
Balloon test. Within 35 days of submitting an application, applicant
shall arrange to fly or raise upon a temporary mast a three-foot diameter
brightly colored balloon at a maximum height of the proposed tower.
The dates (including a second date in case of poor visibility on the
initial date), times and location of this balloon test shall be advertised
by the applicant at seven and 14 days in advance of the first test
date in a newspaper with a general circulation in the Town of Stockport.
The applicant shall inform the ZBA in writing of the dates and times
of the test at least 14 days in advance. The balloon shall be flown
for at least four consecutive hours sometime between 9:00 a.m. and
5:00 p.m. of the dates shown.
(j)
Removal of towers. Prior to being issued a special permit pursuant to this article, the applicant shall submit to the ZBA a document executed by the owner of the property on which the F/TSP is to be located and in recordable form. This document will commit the owner, his successors or assigns to independently be responsible for removal of the F/TSP upon the termination of service as provided in § 122-13 of this chapter. It will also authorize the Town to enter onto the owner's property in the event the tower is not removed in accordance with this article and proceed with removal of the F/TSP in accordance with § 122-13. This document will also allow the Town, without further notice to the owner, to remove the tower and any antenna thereon and to charge the owner for the reasonable cost of removal and file a lien against the property of the owner for the cost of removal.
(7)
Shared use of new towers. The Town has a strong policy in favor of
minimizing the degradation of the visual environment caused by telecommunications
towers. Any new telecommunications tower shall be designed to accommodate
multiple installations of telecommunications equipment.
(a)
An applicant for the erection of a telecommunications tower
shall submit to the ZBA as part of its application a written statement
committing the applicant and its successors in interest to negotiate
in good faith for future, shared use of the proposed tower by other
telecommunications providers. Failure to submit this statement with
language acceptable to the Zoning Board will be grounds for the denial
of a special permit.
(b)
The statement must include the following language:
[1]
The applicant will respond in writing within 30 days to any
telecommunications provider requesting information concerning collocation
on the applicant's telecommunications tower.
[2]
The applicant will negotiate in good faith concerning future
requests for shared usage of the new tower by other telecommunications
providers.
[3]
The applicant will allow another telecommunications provider
to co-locate if technically feasible and if the telecommunications
provider agrees in writing to pay reasonable charges to the applicant.
These charges may include but are not limited to a pro rata share
of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance financing, return
on equity, and depreciation, and all of the costs of adapting the
tower or equipment to accommodate a shared user without causing electromagnetic
interference.
(c)
An application for the collocation of telecommunications equipment
on an existing telecommunications tower may be granted unless the
site or installation is nonconforming or becomes nonconforming or
increases in nonconformity due to the installation of the proposed
additional telecommunications equipment.
(d)
If collocation is permitted pursuant to the preceding subsection,
it will be required unless the applicant submits proof as part of
its application which establishes to the satisfaction of the Zoning
Board of Appeals that reasonable efforts to collocate have been unsuccessful
due to:
[1]
The absence of existing installations in the area requiring
service;
[2]
An inability to use existing sites in a technologically feasible
manner consistent with the personal applicant's system requirements;
[3]
Structural or other engineering limitations, such as frequency
incompatibilities; or
[4]
An inability to secure permission of the owner(s) of the existing
telecommunications tower or site owner at reasonable cost to allow
the additional installation.
G.
Application requirements for RSP. The use of repeaters to assure
adequate coverage or to fill holes within areas of otherwise adequate
coverage while minimizing the number of required towers is permitted
and encouraged. An applicant who is currently applying for an RSP
under Article V[2] or who has received and is in compliance with a current
F/TSP under Article V[3] or an entity which is providing personal wireless services
to the Town of Stockport from a base station outside the Town may
apply for an RSP. Applicants shall provide the following information:
(1)
Description.
(a)
Requirements.
[1]
The exact location in longitude and latitude, to degrees, minutes
and seconds, as well as by street address or pole number (if applicable);
[2]
Ground elevation;
[3]
Type, manufacturer and model number of proposed repeater;
[4]
Height of proposed repeater above ground;
[5]
Proposed output frequency;
[6]
Proposed number of channels;
[7]
Proposed power input; and
[8]
Proposed maximum power output per channel.
(b)
Radial plots from any proposed repeater(s) configured as documented
above shall be provided as part of the application.
(2)
Name, address, phone number and written consent to apply for this
permit of the owner of the property on which the proposed repeater
shall be located and of the owner(s) of the tower or structure on
which the proposed repeater shall be located.
(3)
Proposed repeater site layout, grading and utilities at a scale no
smaller than one inch equals 40 feet (1:480 or metric equivalent 1:500)
showing the entire vicinity within a radius of 300 feet of the repeater
site with topography drawn with a minimum of a two-foot (0.6 meter)
contour interval.
(a)
Proposed repeater location and any appurtenances, if any, and
accessory building (communication equipment shelter or other). Indicate
property boundaries of abutters within 300 feet of the repeater and
dimensions of all proposed improvements.
(b)
Limits of areas where vegetation is to be cleared or altered,
and justification for any such clearing or alteration.
(c)
Plans of any proposed access driveway or roadway and parking
area at the repeater site; include grading, drainage, traveled width,
and a cross section of the access drive indicating the width, depth
of gravel, paving or surface materials.
A.
A special permit shall not be granted for a tower to be built on
speculation. If applicant is not simultaneously installing a personal
wireless service facility on the tower; it shall provide a copy of
its existing lease/contract with a personal wireless service provider.
Said provider shall provide all necessary data to comply with the
terms of Article V[1] as a part of applicant's application for an F/TSP,
or the special permit shall not be granted.
B.
Non-tower-mounted PWSFs (structure- or rooftop-mounted personal wireless
service facilities). Structure- or rooftop-mounted personal wireless
service facilities shall meet the following requirements:
(1)
They shall not be attached to a one-family to four-family dwelling
nor to an accessory building located on a lot containing a one-family
to four-family dwelling;
(2)
They shall be of a color or material that matches the exterior of
the building or structure;
(3)
If roof-mounted, they shall not exceed a height of 15 feet above
the highest part of the structure or building; and
C.
Siting objectives:
(1)
Towers and personal wireless service facilities shall be located
so as to minimize the following potential impacts:
(a)
Visual/aesthetic: towers shall, when possible, be sited where
their visual impact is least detrimental to highly rated scenic and
historic areas, including ridge lines, properties listed in the State
or Federal Register of Historic Places, and scenic roadways.
(b)
Diminution of residential property values. To the extent possible,
siting shall be in as low population density areas as possible.
(c)
Safety. In cases of structural failure and attractive nuisance
towers shall, when possible, not be sited in floodplain zones or special
flood hazard areas.
(d)
Safety from excessive electromagnetic radiation: in case the
tower or personal wireless service facility is found to exceed the
FCC guidelines.
(e)
Environmental degradation: towers shall, when possible, be sited
to avoid affecting rare or endangered flora and fauna. They should
also be sited, when possible, away from wetland areas.
(f)
If the facility or tower site is in a wooded area, a vegetated
buffer strip of undisturbed trees of at least 100 feet in depth (or
less if determined by the ZBA to be sufficient) shall be retained
as close to the tower as possible, but in all cases there shall be
no clearing at a distance in excess of 25 feet in radius from the
base of the tower, except where the access drive is located.
(2)
The following locations are ranked in order of preference:
(a)
Placement in existing structures such as buildings, smokestacks,
water towers, silos and ground signs shall be encouraged.
(b)
Shared use of existing towers shall be encouraged.
(c)
Clustering of towers. Applications for towers adjacent to existing
towers shall be encouraged.
(d)
The use of land distant from higher-density residential properties
and where visual impact can be minimized shall be encouraged.
(e)
The use of lands in areas of high-density residential properties
is the least preferable selection.
(3)
No tower or personal wireless service facility, with the exception
of repeaters, shall be located:
(a)
Closer than 1,500 feet on a horizontal plane to any structure
existing at the time of the application which is, or is able to be,
occupied or habitable, on the property of any school (both public
and private).
(b)
Closer than 750 feet on a horizontal plane to an existing dwelling
unit, or day-care center, hospital, nursing home, church, synagogue
or other place of worship.
D.
Fencing. The area around the tower and communication equipment shelter(s)
shall be completely fenced and gated for security within an area no
greater than 25 feet in radius from the base of the tower and to a
height of eight feet. Use of razor wire is not permitted.
E.
Signs. There shall be no signs, except the following: a sign of no
greater than two square feet indicating the name of the personal wireless
service facility's owner(s), a graphic design indicating that
radio waves are being emitted from the area as described in FCC OET
Bulletin #65, "Evaluating Compliance with FCC-Specified Guidelines
for Human Exposure to Radio Frequency Radiation" (or other most current
FCC Bulletin), and a twenty-four-hour emergency telephone number shall
be posted adjacent to the entry gate. In addition, "No Trespassing"
or other warning signs may be posted on the fence.
F.
Communication equipment shelters and accessory buildings shall be
designed to be architecturally similar and compatible with each other,
and shall be no more than 12 feet high. The buildings shall be used
only for the housing of equipment related to this particular site.
Whenever possible, the buildings should be joined or clustered so
as to appear as one building.
G.
New towers shall not exceed the minimum height necessary to provide
adequate coverage for the personal wireless service facilities proposed
for use on the tower. Applicant may submit a request for additional
height to accommodate future sharing, and shall provide design information
to justify such additional height.
H.
Unless otherwise modified by the ZBA after consideration of the location preferences set forth in § 122-6 and other criteria set forth in § 120-38 of the Zoning Law, towers shall be located at least 1 1/2 times their maximum structural height within the outer boundary of the site on which the tower is located.
I.
Tower finish. Visual mitigation will be provided based on appropriate
modeling, photography and other pertinent analytical techniques as
required by the ZBA, including, but not limited to, architectural
treatment, alternative construction, and structural and transmission
technology such as antennas attached or disguised as trees or other
features.
J.
To the extent feasible, all network interconnections to and from
the telecommunications site and all power to the site shall be installed
underground. At the initial construction of the access road to the
site, sufficient conduit shall be laid to accommodate the maximum
possible number of personal wireless service providers licensed to
provide services to the Town of Stockport and surrounding areas.
K.
If primary coverage (greater than 50%) from proposed personal wireless
service facility is outside the Town of Stockport, then the permit
may be denied unless the applicant demonstrates to the satisfaction
of the ZBA that the applicant is unable to locate within the Town
which is primarily receiving service from the proposed facility.
L.
Unless required by the Federal Aviation Administration, no night
lighting of towers or the personal wireless service facility is permitted,
except for manually operated emergency lights for use only when operating
personnel are on site.
M.
No tower or personal wireless service facility that would be classified
as an obstruction or hazard to air navigation, as defined by the Federal
Aviation regulations (Title 14 CFR), is permitted.
N.
Commercial advertising shall not be allowed on any antenna, tower,
accessory building or communication equipment shelter.
O.
The ZBA shall request input from the chiefs (or their designees)
of fire, police and other emergency services regarding the adequacy
for emergency access of the planned drive or roadway to the site.
A.
No repeater shall be located closer than 50 feet to an existing dwelling
unit, nor less than 25 feet above ground.
B.
The ZBA may require the use of screening, painting or camouflage
to reduce the visual impacts of the repeaters.
C.
Repeaters shall be located so as to have the least possible impact
on the views of the residents of the Town of Stockport.
A.
In acting on the special permit application, the ZBA shall proceed
in accordance with the procedures and time lines established for special
permits.
B.
In addition to the findings that may be required by Article X of
the Zoning Law,[1] it shall, in consultation with the special consultant(s),
make all of the applicable findings before granting the special permit,
as follows:
(1)
That the applicant is proposing to locate its personal wireless service
facility or tower within a permitted location;
(2)
That the applicant is not already providing adequate coverage to
the subject area;
(3)
That the applicant is not able to use existing towers/facility sites
to provide adequate coverage;
(4)
That the applicant has agreed to rent or lease available space on
the tower under the terms of a fair-market lease, without discrimination
to other personal wireless service providers;
(5)
That the proposed tower will not have an undue adverse impact on
historic resources, scenic views, residential property values and/or
natural or man-made resources;
(6)
That the applicant has agreed to implement all reasonable measures
to mitigate the potential adverse impacts of the facilities; and
(7)
That the proposal shall comply with the most current FCC regulations
regarding emissions of electromagnetic radiation as currently found
in FCC Regulations, Title 47, Part 1, § 1.1307 and all other
relevant sections.
C.
Any decision by the ZBA to deny an application for a special permit
shall be in conformance with Section 332 [47 U.S.C. § 332](7)(B)(ii),
(iii) of the Act in that it shall be in writing and supported by substantial
evidence contained in a written record.
A.
Compliance certification. Prior to the activation of a new or modified
PWSF, the owner(s) of the facility will certify to the ZBA, the Town's
engineering consultant and the Code Enforcement Officer that the PWSF
is in compliance with the most current FCC regulations regarding emissions
of electromagnetic radiation as currently found in FCC regulations,
Title 47, Part I, § 1.1307 and all other relevant sections.
Certification shall include site-specific calculations showing expected
worst-case power density levels at the closest publicly accessible
point to the PWSF, using the methodology described in FCC OET Bulletin
#65, "Evaluating Compliance with FCC-Specified Guidelines for Human
Exposure to Radio Frequency Radiation" (or most current FCC Bulletin).
B.
Excessive emissions.
(1)
It shall be a condition of any special permit granted under Article V of Chapter 120, Zoning, that, if the Town deems it necessary to determine the tower and facility's or repeater's radio frequency emission and their compliance with FCC regulations, the owner(s) of the facility or repeater site shall pay for an independent consultant hired by the Town to monitor the levels of EMF radiation around the proposed facility and/or repeater site. The independent consultant shall use the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultant and submitted to the ZBA, the Town's engineering consultant, the Code Enforcement Officer and the Town Clerk.
(2)
Should this independent monitoring of a facility or repeater site by a licensed independent consultant reveal that the site exceeds the most recent FCC regulations, Title 47, Part 1, § 1.1307 and all other applicable relevant sections, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the ZBA and the Code Enforcement Officer a plan for the reduction of emissions to the applicable FCC standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as contained in Chapter 120, § 120-68, of the Stockport Code.
C.
Structural inspection. It shall be a condition of the special permit
that tower owner(s) shall pay for an independent consultant (a licensed
professional structural engineer) hired by the Town to conduct inspections
of the tower's structural integrity and safety. Towers shall
be inspected every five years. A report of the inspection shall be
prepared by the independent consultant and submitted to the ZBA, the
Town's engineering consultant, the Code Enforcement Officer,
and the Town Clerk. Any major modification of existing facility which
includes changes to tower dimensions or antenna numbers or type shall
require new structural inspection.
Any personal wireless facility or repeater which ceases to operate
for a period of one year shall be removed. "Cease to operate" is defined
as not performing the normal functions associated with the personal
wireless service facility or repeater and its equipment on a continuous
and ongoing basis for a period of one year. At the time of removal,
the facility or repeater site shall be remediated such that all personal
wireless service facility or repeater improvements which have ceased
to operate are removed. If all facilities on a tower have ceased to
operate, the tower shall also be removed, and the facility or repeater
site, including any access road(s) which lead to that facility or
repeater site from the main access road, shall be revegetated. If
all facility or repeater sites have ceased to operate, the owner(s)
of the last personal wireless service facility or repeater to leave
the site shall revegetate the access road(s) in its/their entirety.
Existing trees shall only be removed with the written permission of
the Code Enforcement Officer, and only is the Code Enforcement Officer
determines such removal of trees to be necessary to complete the required
removal of personal wireless service facility(ies) or repeater(s).
A.
Towers, personal wireless service facilities and repeaters shall
be insured by the owner(s) against damage to persons or property.
The owner(s) shall provide a certificate of insurance to the Town
Clerk on an annual basis. For towers, facilities and repeaters located
on property owned by the Town of Stockport, the Town of Stockport
shall be an additional named insured.
B.
A schedule of fees for personal wireless service facilities, towers
and repeaters permits, renewals, any monitoring of emissions and inspection
of structures and any other fees shall be established by the ZBA.
This schedule may be amended from time to time.
Any special permit granted under this chapter shall lapse if
the applicant fails to begin construction on the facility, tower and/or
repeater within a one-year period of said grant.
