Communications towers and accessory facilities shall be permitted only on municipally owned property or in the Industrial District after review and recommendation of the Planning Board pursuant to §
178-41 of Chapter
178 and the issuance of a special use permit by the Zoning Board of Appeals pursuant to §
178-18 of Chapter
178 and the requirements of this chapter.
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, not to exceed 250 feet.
Except as otherwise provided in this chapter, the procedures set forth in Article
VI of Chapter
178 shall govern any application for a special use permit.
In order to minimize any adverse aesthetic effect on neighboring properties
to the extent possible, the Zoning Board of Appeals may impose reasonable
conditions on the applicant, including the following:
A. All communications towers and accessory facilities or
structures shall be sited to have the least practical adverse visual effect
on the environment.
B. A monopole or guyed tower (if sufficient land is available
to applicant) instead of a freestanding communications tower.
C. 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.
D. The applicant shows that good faith efforts have been
made 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.
E. All towers shall be lighted in such manner as shall be
required by the Zoning Board of Appeals 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.
F. No communications 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.
G. Accessory facilities and structures shall maximize use
of building materials, colors and textures designed to blend with the natural
surroundings.
H. The applicant shall show that it has made good faith
efforts to collate on existing towers in an effort to consolidate and avoid
visual disturbances to the extent practical.
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 FCC designated frequencies
and power levels.
Existing on-site vegetation shall be preserved to the maximum extent
possible, and no cutting of trees exceeding four inches in diameter (measured
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 single contiguous areas
exceeding 20,000 square feet shall be prohibited.
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 communications 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.
The applicant and the owner of record of premises may be required to
execute and file with the Town Clerk of the Town of Williamson a bond or other
form of security acceptable to the Town Attorney and 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 thereunder, 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 Zoning
Board of Appeals in its special use permit procedure. In the event of default
upon the performance of any such conditions or any of them, the bond or security
shall be forfeited to the Town of Williamson, 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, satellite dish, antenna, pole,
accessory facility/structure and site restoration.
The Zoning Board of Appeals may impose such reasonable additional conditions
and restrictions as are directly related to and incidental to the proposed
transmission tower, telecommunications tower, communication installation or
freestanding tower special use permit.
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.
The applicant shall allow collocation of other utilities or companies
providing similar services, provided that:
A. There is no interference with existing equipment on the
tower;
B. The utility or company wishing to collocate pays pro
rata for the cost of operating the site and pays for the cost of collocating
on the site (including reinforcing or replacing the then-existing tower, if
necessary);
C. The utility or company wishing to collocate provides
a load study acceptable to the town and the applicant showing that the tower
can safely accommodate the collocator's equipment; and
D. The company wishing to collocate allows reciprocal privileges
to the applicant.