Village of Geneseo, NY Article XII Telecommunications Facilities

§ 130-94 Towers.

A. Purpose. The purpose of these supplemental regulations is to promote health, safety and the general welfare of the residents of the Village of Geneseo; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.

B. General criteria. No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such telecommunications facility:

(1) Is necessary to meet current or expected demands for service.

(2) Conforms with all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration and other federal agencies.

(3) Is considered a public utility in the State of New York.

(4) Is designed and constructed in a manner which minimizes visual impact to the extent practical.

(5) Complies with all other requirements of this section, unless expressly superseded herein.

(6) Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility.

(7) When including the construction of a tower, such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan review.

C. Co-location. The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special use permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to co-locate within (share) an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying telecommunications facility sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one or more of the following reasons:

(1) 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.

(2) The planned equipment would cause radio frequency interference with other existing or planned equipment which cannot be reasonably prevented.

(3) 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.

(4) Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures.

(5) The property owner or owner of the existing telecommunications facility or other structure refuses to allow such co-location.

D. New tower at a new location.

(1) The Board may consider a new telecommunications facility on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, as described in § 130-94C.

(2) New towers: future shared use. The applicant shall design a proposed new telecommunications facility to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower and his/her successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit.

E. Dimensional standards.

(1) A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to 1.5 times the height of the tower and any antenna(s) attached upon its zenith. The entire fall zone must have a radius of at least 75 feet, may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Zoning Board of Appeals on a case-by-case basis.

(2) Each telecommunications facility shall be located on a single parcel.

(3) All telecommunications facilities shall comply with the setback standards of the underlying zoning district. The size of the leased or owned lot shall be, at a minimum, sufficiently large to include the entire fall zone. A lot leased or owned for the purpose of construction of a tower as part of a telecommunications facility shall not result in the creation of a nonconforming lot.

(4) The frontage requirement of the underlying zoning district shall not apply, provided that the telecommunications facility is not proposed on a parcel to be partitioned specifically for the facility and/or is designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or ownership, shall be in accord with § 130-94H herein.

F. Lighting and marking. Towers shall not be artificially lighted and marked beyond requirements of the Federal Aviation Administration (FAA).

G. Appearance and buffering.

(1) The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers and balloons, is prohibited.

(2) The facility shall have the least practical visual effect on the environment as determined by the Planning Board. Any tower that is not subject to FAA marking, pursuant to § 130-94F herein, shall otherwise:

(a) Have a galvanized finish or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board; or

(b) Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.

(3) Accessory structures shall maximize the use of building materials, colors and textures designed to blend in with the natural surroundings.

(4) The Planning Board may require a State Environmental Quality Review (SEQR) full EAF (environmental assessment form) for proposed facilities at key viewpoints in the community. A visual environmental assessment form (visual EAF) may be required as an addendum to either the full or short EAF. The Planning Board may require submittal of a more detailed analysis based on the results of the visual EAF.

(5) The Planning Board shall require that the facility have 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 or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities or conservation or historic areas within common view of the public.

(6) Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.

H. Access and parking.

(1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunications facilities must be at least 20 feet but no more than 30 feet wide and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

(2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway.

(3) Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.

(4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.

I. Security.

(1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Planning Board in deference to the character of the neighborhood, be composed of three strands of barbed wire to discourage unauthorized access to the site.

(2) 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. Such lighting should only occur when the area within the fenced perimeters has been entered.

(3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower.

(4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.

J. Engineering and maintenance.

(1) Site plans for all telecommunications facilities must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).

(2) 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 Municipal Code Enforcement Officer.

(3) A safety analysis by a qualified professional must accompany any special permit or site plan application, renewal thereof or modification for the purpose of certifying that general public electromagnetic radiation exposure does not exceed standards set by federal regulations.

(4) The municipality, at the expense of the applicant, may employ its own consulting assistance to review the findings and conclusions of safety analysis, visual analysis or structural inspection provided by the applicant.

K. Removal.

(1) At the time of submittal of the application of a special use permit 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(s) dedicated solely for use within a telecommunications facility, if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete telecommunications facility upon any person subsequently securing rights to co-locate on the telecommunications facility. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.

(2) Bond/security.

(a) The applicant shall be required to execute and file with the Village Clerk a bond or other form of security acceptable to the Village Attorney as to form and manner of execution, in an amount sufficient in the reasonable discretion of the Village, for the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances, to cover the maintenance of the tower during its lifetime and to provide for the removal and restoration of the site subsequent to its removal. The amount required shall be determined by the Village Planning Board. The amount of the bond or security shall be no less than 150% of the cost of removal of the tower and restoration of the site and shall be reviewed and adjusted at five-year intervals.

(b) In the event of default upon performance of such conditions or any one of them, the bond or security shall be forfeited to the Village of Geneseo, 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 and/or accessory facility/structure and site restoration.

L. Public hearing and notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail no sooner than 14 days or later than seven days before the scheduled hearing. Documentation of this notification shall be submitted to the Board prior to the public hearing.

§ 130-94.1 Small cell wireless facilities.

[Added 9-14-2020 by L.L. No. 3-2020]

A. Purpose and intent. While the existing wireless infrastructure in the United States was erected primarily using macro cells with relatively large antennas and towers, wireless networks increasingly have required the deployment of small cell systems to support increased usage and capacity. The purpose and intent of this section is to establish uniform policies and procedures for the deployment and installation of small cell wireless facilities in the Village of Geneseo consistent with the public health, safety, and welfare by ensuring that the design, construction, visual appearance, and location of small cell wireless facilities is compatible with traffic safety, nearby land uses, and the preservation and protection of the historic character of the Village, including the Geneseo historic districts and National Historic Landmark status.

B. Small cell wireless facilities permit.

(1) Requirement. No small cell wireless facility shall be deployed, installed, modified, or maintained in the Village of Geneseo except in compliance with the requirements of this section and after the approval of a small cell wireless facilities Permit by the Planning Board of the Village of Geneseo. The requirements of Article XIV, Site Plan Review and Approval, shall not apply to small cell wireless facilities.

(2) Applications for small cell wireless facilities permit Applications for small cell wireless facilities shall contain all of the following elements, and shall be organized in the following manner, with all application elements clearly labeled to facilitate determination of application completeness:

(a) Cover letter from authorized representative of the applicant, including name, address, phone number, email address, and title of authorized representative or other contact person, and name, address, phone number, and email address of wireless services provider, if different.

(b) Descriptive statement of the objective(s) for the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements.

(c) Documentation that demonstrates the need for the small cell wireless facility in the location and manner that is being proposed.

(d) Location of the proposed small cell wireless facility, including street address, tax map parcel number, and property owner name, mailing address, phone number, and email address.

(e) Coverage map depicting the applicant's existing and proposed area of coverage, including location of all existing and proposed wireless telecommunication facilities sites within the Village.

(f) Zoning district in which the proposed small cell wireless facility would be located.

(g) Statement of whether the proposed small cell wireless facility would be located within the Geneseo historic districts, including the Main Street Historic District and the Homestead Historic District.

(h) Site plan prepared by a licensed professional engineer or surveyor showing, at a minimum, all of the following:

[1] Parcel boundaries of the subject parcel for the proposed location of the small cell wireless facility and all adjacent parcels, including parcels immediately across a public right-of-way.

[2] Location of the proposed small cell wireless facility.

[3] Location, size, height, and type of all existing and proposed structures on the subject parcel and adjacent parcels.

[4] Identification of all residential structures within 100 feet, if not already shown.

[5] Type, locations, and dimensions of all proposed and existing landscaping or other screening.

(i) Artist's rendering(s) or other color graphic(s) showing the proposed small cell wireless facility in the proposed location relative to surrounding buildings and land uses. If the small cell wireless facility is proposed to be attached to an existing structure, the artist's rendering or other graphic shall show in detail how it will appear on that structure.

(j) Number, type, make, model, size, color, and manufacturer of the proposed antenna, pole, or other new structure(s).

(k) Detailed lighting plan if the small cell wireless facility is proposed to be artificially lighted.

(l) Signed written certification by a licensed professional engineer that the proposed small cell wireless facility will not cause physical or radio frequency interference with other telecommunications or electronic devices.

(m) Signed written certification by a licensed professional engineer that the proposed small cell wireless facility will be designed, constructed, and maintained to meet all applicable codes and structural requirements, including loads, wind loads, and ice loads.

(n) Statement that the proposed small cell wireless facility will comply with any additional requirements for small cell wireless facilities in the public right-of-way, if the facility is proposed to be located in the public right-of-way.

(o) Statement that the proposed small cell wireless facility will comply with any additional requirements for small cell wireless facilities on Geneseo Village-owned poles, if the facility is proposed to be located on a Geneseo Village-owned pole.

(p) Part 1 of the SEQR Full Environmental Assessment Form (EAF).

(3) Procedures for review and approval of applications for small cell wireless facilities permit.

(a) Applications for small cell wireless facilities permits shall be submitted to the Planning Board Secretary or his or her designee at the Village of Geneseo office, 119 Main Street, Geneseo, NY 14454.

(b) Within 60 days of receipt of a complete application for the co-location of a small cell wireless facility on an existing pole or other existing structure, or within 90 days of receipt of a complete application for a small cell wireless facility on a new pole or other structure, the Planning Board shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.

(c) Within 10 days of the receipt of an application for a small cell wireless facilities permit, the Planning Board Secretary or his or her designee shall review the application for completeness. The purpose of the review for completeness is to determine whether the application contains all of the application elements specified in § 130-94.1B(2), Applications for small cell wireless facilities permit.

(d) If the Planning Board Secretary or his or her designee determines that the application does not contain all of the application elements listed in § 130-94.1B(2), he or she shall, within 10 days of the receipt of the application, notify the applicant in writing that the application is incomplete and specify the additional elements required for a complete application. Upon receipt of an applicant's supplemental information in response to a notification of incompleteness, the applicable shot clock will be reset to zero and the Village will have the full 60 or 90 days permitted by FCC regulations to act on the completed application.

(e) For any subsequent determinations of incompleteness beyond the initial, the Planning Board Secretary or his or her designee shall conduct another review for completeness and make notification to the applicant of incompleteness, in the same manner as provided above.

(f) If an application is determined to be complete, it shall be referred within two business days of the determination of completeness to the Livingston County Planning Board pursuant to Section 239 of the New York State General Municipal Law, if required, and it shall be reviewed at the next meeting of the Village Planning Board.

(g) The Village Planning Board shall review the complete application for compliance with the requirements of this section.

C. General and specific requirements.

(1) Location and dimensional requirements.

(a) The following locational priorities shall apply in the order specified:

[1] Co-location on existing utility poles, monopoles, or other telecommunications facility.

[2] Location on existing nonresidential structure.

[3] Location on existing residential structure.

[4] Location on new pole.

(b) The volume, height, and other characteristics of small cell wireless facilities shall be consistent with the definition of small cell wireless facilities in this chapter.

(2) Visibility.

(a) Small cell wireless facilities shall be located and designed so as to have the least adverse visual effect on the surrounding environment and its character.

(b) Small cell wireless facilities shall maximize use of building materials, colors, and textures designed to blend with the structure(s) to which it may be attached or adjacent and/or to harmonize with the natural surroundings.

(c) Small cell wireless facilities shall not be artificially lighted, except as required by law. If lighting is required, the lighting shall be the minimum necessary to comply with such legal requirement and shall, to the maximum practicable extent, be dark-sky compliant.

(3) Geneseo historic districts requirements.

(a) No small cell wireless facility shall be located within the Geneseo historic districts unless the applicant demonstrates that the selected site is necessary to provide adequate service and that no feasible alternative exists.

(b) Small cell wireless facilities attached to existing structures located within the Geneseo historic districts shall not be located on the front (street) side of such structure unless the applicant demonstrates that service cannot be provided in any other manner.

(c) Small cell wireless facilities within the Geneseo historic districts shall comply, to the extent practicable, with the historic color palettes requirements of the Geneseo Facade Renovation Guidelines, as approved and adopted by the Village Board of Trustees.

(4) Additional requirements for small cell wireless facilities within the public right-of-way

(a) Small cell wireless facilities within the public right-of-way shall comply with all requirements of the Village of Geneseo.

(b) Small cell wireless facilities within the public right-of-way shall require an executed right-of-way agreement with the Village of Geneseo.

(5) Indemnification, liability insurance, removal and restoration, and fees.

(a) Indemnification. Small cell wireless facilities proposed for Village of Geneseo property or the public right-of-way shall require a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Village and its elected and appointed officials, officers, board members, employees, commission members, attorneys, agents, and consultants from any and all penalties, damages, or charges, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action, or awards or damages as may be attributable to the negligent or intentional acts or omissions of the Village or its servants or agents. With respect to the penalties, damages, or charges referenced herein, reasonable attorneys' fees or consultants' fees are included in those costs that are recoverable by the Village.

(b) Liability insurance. The provider shall keep and maintain liability insurance in the amount of $1,000,000 for each incident and an umbrella policy in the amount of $5,000,000 for each small cell wireless facility in a public right-of-way. The Village of Geneseo shall be named an additional insured on each policy.

(c) Removal and restoration.

[1] Removal. At the time of submittal of the application for a small cell wireless facilities permit, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, if such small cell wireless facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete small cell wireless facility upon any person subsequently securing rights to co-locate on the small cell wireless facility. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.

[2] Bond/security. The applicant shall be required to execute and file with the Village Clerk a bond or other form of security acceptable to the Village Attorney as to form and manner of execution, in an amount sufficient, in the reasonable discretion of the Village, for the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Village local laws or ordinances, to cover the maintenance of the small cell wireless facility during its lifetime and to provide for the removal and restoration of the site subsequent to its removal. The amount of the bond or security shall be no less than 150% of the cost of removal of the facility and restoration of the site and shall be reviewed and adjusted at five-year intervals. In the event of default upon performance of such conditions or any one of them, the bond or security shall be forfeited to the Village of Geneseo, 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 small cell wireless facility and site restoration.

[3] The telecommunications provider, or its contractor, shall restore, repair, and/or replace any portion of the public right-of-way that is damaged or disturbed by the provider's small cell wireless facility or poles, or work in or adjacent to the public right-of-way. If the telecommunications provider fails to timely restore, repair, or replace the public right-of-way as required in this subsection, the Village or its contractor are hereby authorized and may do so, and the telecommunications provider shall pay the Village's costs and expenses in completing the restoration, repair, or replacement.

(d) Fees. Small cell wireless facilities shall pay such fees as may be established by resolution of the Village Board of Trustees prior to or simultaneously with the issuance of the small cell wireless facilities permit.

§ 130-95 Wind towers.

No wind towers or energy-creating devices attached to a tower are allowed in the Village of Geneseo.