[Amended 6-24-1985 by L.L. No. 3-1985]
The Planning Board, at a regular public meeting,
shall review and approve, or approve with modifications, all uses
requiring side plan approval before a zoning permit is issued.
The owner shall submit six copies of a site
plan and supporting data in form satisfactory to the Planning Board
and should include, but not be limited to, the following information
presented in graphic form and accompanied by a written text. The Planning
Board may require additional information which the owner shall submit.
A.
Survey of property showing existing features, including
contours, utility easements, large trees, buildings, uses, structures,
streets, rights-of-way, zoning and ownership of surrounding property.
B.
Layout sketch showing proposed lots, blocks, building
locations and land use areas.
C.
Traffic circulation, parking and loading spaces, and
pedestrian walks.
D.
Landscaping plans including site grading, landscaping
design, open areas and buffer zone.
E.
Preliminary architectural drawings for buildings to
be constructed; floor plans, exterior elevations and sections.
F.
Preliminary engineering plans; street improvements,
storm drainage, water supply and sanitary sewer facilities.
G.
Engineering feasibility study of any anticipated problem
which might arise due to proposed development, as required by Planning
Board.
H.
Construction sequence and time schedule for completion
of each phase for buildings, parking and landscaped areas.
I.
Description of proposed uses, hours of operation,
and expected number of employees, volume of business, and volume of
traffic generated.
A.
When necessary under § 239-m of the General
Municipal Law, the Planning Board shall forward the site plan to the
County of Genesee for its review prior to taking any final action.
The Planning Board shall review the site plan and supporting data
before approval or approval with stated conditions is given, and take
into consideration the following:[1]
(1)
Harmonious relationship between proposed uses and
existing adjacent uses.
(2)
Maximum safety of vehicular circulation between the
site and street.
(3)
Adequacy of interior circulation, parking and loading
facilities with particular attention to pedestrian safety.
(4)
Adequacy of landscaping and setbacks to achieve compatibility
with, and protection of, adjacent residential uses.
B.
The Board may require changes or additions in relation
to yards, driveways, landscaping, buffer zones, etc. to insure safety,
to minimize traffic difficulties and to safeguard adjacent properties.
Should changes or additional facilities be required by the Board,
final approval of site plan shall be conditional upon satisfactory
compliance by owner to the changes or additions.
C.
Any owner wishing to make changes in an approved site
plan shall submit a revised site plan to Planning Board for review
and approval.
The Planning Board may require as a condition
of site plan approval that the owner file a performance bond or letter
of credit at the discretion of the Planning Board, in such amount
as the Planning Board determines and as approved by the Town Board,
to be in the public interest, to insure that proposed development
will be built in compliance with accepted plans.
In all districts, uses are not permitted which
violate applicable county, state and/or federal codes and regulations
pertaining to environmental issues. The Planning Board, under its
powers of site plan review and approval, shall decide whether uses
meet these standards.
For every building hereafter erected, altered
or changed in use, there shall be provided off-street parking spaces
as set forth below. All off-street parking shall be designed in such
a manner as to allow vehicles to exit onto the street without backing
out onto it.
B.
Hotel, motel, tourist home, boardinghouse: three parking
spaces, plus one space for every guest room.
C.
Dormitory, fraternity, sorority, nurses' home, hospital:
three parking spaces, plus one space for every two beds.
D.
Places of public assembly: one parking space for every
five seats; or one parking space for every 100 square feet of floor
area.
E.
Business, professional and medical offices: two parking
spaces, plus one space for every 200 square feet of office space.
F.
Commercial and business, in groups over 20,000 square
feet of business floor area: one parking space for every 100 square
feet of business area.
G.
Commercial and business, individual establishments
on separate lots: one parking space for every motor vehicle used directly
in the business, plus one parking space for every 200 square feet
of business area.
H.
Restaurant, eating and drinking establishments (other
than drive-in): one parking space for every 100 square feet of floor
area.
I.
Industrial, wholesale, warehouse, storage, freight
and trucking uses: one parking space for every motor vehicle used
directly in the business, plus additional parking as required by the
Planning Board.
J.
Unspecified use. As required by the Board based upon
use intensity, turnover, customers, employees and vehicles used.
Every building occupied for the purpose of business
or industry shall provide adequate space for off-street loading and
unloading vehicles.
The Planning Board, under its powers of site
plan review and approval, may modify requirements for parking and
loading spaces.
Where in any district a nonresidential use abuts
a residential use, a buffer zone shall be provided by the applicant.
[Amended 6-24-1985 by L.L. No. 3-1985]
Any trailer or recreational vehicle stored or
parked out-of-doors in the Town of Bergen shall not be parked closer
to the side lot lines than 15 feet where there is a building on the
adjoining lot, and shall not be closer to the front line of the lot
on which it is parked than the front wall of the building on said
lot.
Gasoline stations, gasoline station-markets,
public garages and motor vehicle sales agencies or motor vehicle repair
shops, and drive-in services shall comply with the following:
A.
Lot shall not be located within 300 feet of any lot
occupied by a school, hospital, playground, library or religious institution.
Measurement shall be made between nearest respective lot lines.
B.
Lot size shall be at least 20,000 square feet.
C.
Lot frontage shall be at least 150 feet.
D.
Lot depth shall be at least 125 feet.
E.
Pumps, other service devices, and fuel and oil storage
shall be located at least 30 feet from all lot lines.
F.
Automobile parts and dismantled vehicles are to be
stored within building and no major repair work is to be performed
outside building.
G.
There shall be no more than two access driveways from
any street. Maximum width of each access driveway shall be 30 feet.
[Amended 9-29-1997 by L.L. No. 3-1997]
Public utility installations (other than commercial communication towers and/or antennas, which are covered by § 475-59) shall comply with the following:
A.
Facility shall be surrounded by a fence set back from
property lines in conformance with district regulations for front,
side and rear yards.
B.
Landscaped area at least 15 feet wide shall be maintained
in front, rear and side yards.
C.
There shall be no open equipment visible from surrounding
property.
D.
Low-profile equipment shall be used where practical.
In any district, the removal of soil, sand,
gravel, or quarried stone for sale, except when incidental to, or
connected with, the construction of a building on the same premises,
shall be permitted only upon approval by the Planning Board and after
issuance of a special permit by the Board of Appeals.
A.
All excavation slopes in excess on one to one shall
be adequately fenced.
B.
Stripping of topsoil for sale or use on other premises,
except as may be incidental to a construction project, is prohibited.
C.
Before approval of any new, or extension to, sand,
gravel or stone quarrying operation by the Planning Board, performance
bond shall be secured from the applicant sufficient to insure that
upon completion of extraction operations, the abandoned quarry will
be left in a safe, attractive and useful condition in the interest
of public safety and general welfare. The bond shall be sufficient
to cover cost of redevelopment of the quarry as a park, recreation
area or other usable open space.
A.
General standards. Every sign shall be designed and
located in such a manner as to:
(1)
Not impair public safety.
(2)
Not restrict clear vision between a sidewalk and street.
(3)
Not be confused with any traffic sign or signal.
(4)
Not prevent free access to any door, window or fire
escape.
(5)
Withstand a wind pressure load of 30 pounds per square
foot.
(6)
Signs shall be set back 15 feet from the street line
and 20 feet from any rear or side lot line.
[Added 6-24-1985 by L.L. No. 3-1985]
(7)
Signs may be illuminated by a steady light, provided
that lighting does not illuminate adjacent property. Flashing, oscillating
an revolving signs are not permitted, unless necessary for public
safety or welfare.
B.
Signs permitted in any district. Off-premises advertising signs, billboards and roof signs are not permitted in any district, except as outlined in Subsection C. The following signs are permitted in any district:
[Amended 6-24-1985 by L.L. No. 3-1985]
(1)
Home occupation signs not exceeding two square feet.
(2)
One "For Sale" or "To Let" sign not exceeding six
square feet in residential district, 32 square feet in other districts.
(3)
Signs necessary for public safety or welfare.
(4)
Temporary signs identifying a construction project
and the specialists concerned, not exceeding eight square feet for
a dwelling and 16 square feet for other buildings.
C.
Signs in interchange and industrial districts.
(1)
In industrial and interchange districts, two on-premises
signs, one of which may be freestanding, shall be allowed for each
permitted use. If attached, such signs shall not exceed an area equal
to 10% of the wall area of the building or portion thereof devoted
to such use or activity. No sign shall project more than one foot
from the facade of the building.
(2)
Freestanding business signs shall be permitted. Such
signs shall conform to the following provisions relating to their
number and size:
(a)
Each business or industrial use may have one
freestanding sign. Such freestanding sign shall have an area of not
more than 25 square feet nor be more than 25 feet in height, located
not less than 10 feet from the property lines.
(b)
In a shopping center or industrial park, there
may be one directory sign at any location thereon which shall not
exceed five square feet in area for each acre of land in the shopping
center or industrial park, provided that no such sign shall exceed
30 feet in area. No individual freestanding sign shall be allowed
in a shopping center.
(3)
Off-premises direction signs not exceeding four square
feet in size and limited to two signs per use shall be permitted.
D.
Nonconforming signs.
(1)
Nonconforming signs shall be removed at the expense
of the owner when any use of the property on which the sign is located
is discontinued.
(2)
Nonconforming signs may not be enlarged, extended,
relocated or altered in any way, except to make them conform to provisions
of this chapter. This provision shall not restrict routine maintenance
of nonconforming signs involving replacement of electrical parts and
repainting.
A.
Location. Satellite dishes shall be located as set forth in § 475-25C.
[Amended 6-29-1995 by L.L. No. 4-1995]
B.
Installation.
(1)
All satellite dishes greater than 13 feet in diameter
shall require installation design certified by a registered architect
or licensed, professional engineer, or TV RO installer.
(2)
All satellite dishes having a diameter of greater
than 18 inches but less than or equal to 13 feet in diameter shall
be installed as follows:
[Amended 6-29-1995 by L.L. No. 4-1995]
(a)
Pad size. A pad of poured concrete (3,500-pound
mix or greater) which measures three feet wide by three feet long
by four feet deep.
(b)
Mounting. The frame of the satellite dish shall
be attached to the pad by the appropriate hardware (J-bolt, super
stud, etc.) of a size greater than or equal to 5/8 inch diameter.
(c)
Electrical connections. All electrical wires
shall be enclosed in either PVC or rigid conduit and buried a minimum
of 18 inches below ground. The frame shall be grounded by means of
an eight-foot grounding rod connected to the frame through No. 4 gauge
copper wire. All circuits of 110 volts or larger shall be protected
by a ground fault interrupter, unless a factory-installed grounding
unit is provided.
[Added 6-24-1985 by L.L. No. 3-1985;
amended 2-24-1997 by L.L. No. 2-1997]
In all districts, no entrance or exit shall
be closer than 150 feet to an intersection of two streets.
[Added 6-24-1985 by L.L. No. 3-1985]
Farm equipment repair shops shall comply with
the following requirements:
A.
The lot upon which a farm equipment repair shop is
situated shall not be located within 300 feet of any lot occupied
by a school, hospital, playground, library or religious institution.
Measurements shall be made between the nearest respective lot lines.
B.
No dismantled or inoperable vehicles or farm equipment
may be stored longer than 90 days on the farm equipment repair shop
site.
C.
There shall be no more than two access driveways from
any street. Maximum width of each access driveway shall be 40 feet.
D.
Any dismantled or inoperable vehicles or equipment
must be stored at least 100 feet from the front lot line.
E.
Any farm equipment repair shop shall include at least
one building with a floor area at least 1,000 square feet.
[Added 6-29-1995 by L.L. No. 3-1995]
A.
ADULT ARCADE
ADULT BOOKSTORE
(1)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USES
ADULT VIDEO STORE
ESCORT
ESCORT AGENCY
ESTABLISHMENT
(1)
(2)
(3)
(4)
NUDE MODEL STUDIO
NUDITY
PERSON
SEMINUDE
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STATE OF NUDITY
SUBSTANTIAL ENLARGEMENT
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
Definitions.
The following words or phrases used in this section are defined as
follows:
Any place to which the public is permitted or invited wherein
coin-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes or
video reproduction, slides, or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
Instruments, devices, or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical
areas and still be defined as an adult bookstore so long as one of
its principal business purposes is the offering for sale or rental
for consideration of the specified materials which depict or describe
specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in state of nudity; or
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides,
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way which advertises
the availability of this adult type of photographic reproductions;
or
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
See "adult bookstore."
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
Any of the following:
The opening or commencement of any sexually
oriented business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to a sexually oriented business;
The additions of any sexually oriented business
to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, genitals,
or full female breast.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
The male genitals and/or the female genitals.
Any of the following:
See "nudity."
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor areas as it exists on the effective
date of this section.
Means and includes any of the following:
The sale, lease, or sublease of a sexually oriented
business;
The transfer of securities which constitute
a controlling interest in a sexually oriented business, whether by
sale, exchange, or similar means; or
The establishment of a trust, gift, or other
similar legal device which transfers the ownership or control of a
sexually oriented business, except for transfer by bequest or other
operation of law upon the death of the person possession the ownership
or control.
B.
Uses permitted. Adult uses shall be a permitted use
in the Industrial-3 (I-3) District as set forth on the Town of Bergen
Zoning Map and shall also be subject to the following regulations:
(2)
An adult use may not be operated within 1,000 feet
of another adult use, or the same lot or parcel of land.
(3)
An adult use may not be operated in the same building,
structure, or portion thereof, containing another adult use.
(4)
For the purposes of this chapter, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as part of the premises where an adult use is conducted, to the
nearest property line of the premises of a church or public or private
elementary, secondary school or licensed child day-care center, or
to the nearest boundary of an affected public park, residential district,
or residential lot.
(5)
For the purposes of this chapter, the distance between
any two adult uses shall be measured in a straight line, without regard
to intervening structures or objects, from the closest exterior walls
of the structure in which each business is located.
(6)
All adult uses shall be conducted in an enclosed building.
Regardless of location or distance, no one who is passing by an enclosed
building having a use governed by this chapter shall be able to visually
see any specified anatomical area or any specified sexual activity
by virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
C.
Inspection requirements.
(1)
A person may operate an adult use business only within the Industrial-3 (I-3) District as set forth on the Town of Bergen Zoning Map in the Town of Bergen in accordance with the provisions of this section and Article V.
(2)
Prior to the commencement of any adult use business
or upon any transfer of ownership or control, the premises must be
inspected and found to be in compliance with all laws, ordinances,
rules and regulations applicable to the use and occupancy for an adult
use business and compliance with this chapter.
(3)
All code enforcement officials, including the Town
Zoning Enforcement Officer and Town Fire Marshal, shall complete their
certification that the premises is in compliance, or not in compliance,
within 20 days of the inspection of the premises by such officials.
(4)
Any owner and/or operator, employee of the owner and/or
operator or agent of the owner/operator shall permit representatives
of the Genesee County Sheriff's Office, the New York State Police,
County or State Health Department, Town Fire Marshal, Town Zoning
Enforcement Officer, or other Town, county or state department or
agencies that have permitting authority regarding the use and/or premises,
to inspect the premises of an adult use business for the purpose of
insuring compliance with this chapter, at any time it is occupied
or open for business.
D.
Nonconforming adult use. An adult use business lawfully
operating as a conforming use is not rendered a nonconforming use
by the location, subsequent to the operation of the adult use business,
of a church, public or private elementary or secondary school, public
part, residential zoning district, or a residential lot within 1,000
feet of the adult use business.
E.
Violations. It shall be deemed a violation of this
chapter if the owner and/or operator, an employee of the owner and/or
operator or an agent of the owner/operator has:
(1)
Violated or is not in compliance with any provision
of this section;
(2)
Refused to allow an inspection of the adult use business
premises as authorized by this section;
(3)
Allowed gambling to occur on the adult use business
premises;
(4)
Allowed the possession, use or sale of a controlled
substance to occur on the premises;
(5)
Allowed prostitution to occur on the premises;
(6)
Allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation, or other sexual conduct to occur on the
premises.
[Added 9-29-1997 by L.L. No. 3-1997]
No commercial communication tower or antenna(s)
shall hereafter be installed, erected, moved, reconstructed, changed
or altered unless in conformity with these regulations.
A.
Supporting documentation. In addition to other documents required by state and local regulation, the site plan shall include a completed Visual Environmental Assessment Form (Visual EAF) and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any required clearing. The applicant must provide a coverage/interference analysis and capacity analysis that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less-restrictive district. The Planning Board may require submittal of a more detailed visual based on the results of the Visual EAF in addressing this subsection and Subsections H, J and K of this section.
B.
Shared use of existing towers and/or structures. At
all times, shared use of an existing tower and/or structures (i.e.,
another commercial communications tower, water tower, building, etc.)
shall be preferred to the construction of a new commercial communication
tower. An applicant shall be required to present an adequate report
inventorying existing towers or other structures within reasonable
distance of the proposed site and outlining opportunities for shared
use of existing facilities as an alternative to a proposed new commercial
communication tower. The installation of a commercial communication
antenna(s) on an existing structure located within the INT-R, INT-I,
RA-40, I and IP Districts shall be considered a permitted accessory
use not subject to site plan review, provided the following criteria
are met:
(1)
The existing structure may be increased in height no more than 25 additional feet over its original height without complying with Subsections A and C of this section as well as the other appropriate subsections. In those instances where an existing tower or structure is increased in height no more than 25 feet, such extensions shall be designed and constructed in compliance with all the provisions of Subsection I of this section.
(2)
The antenna(s) do not extend above such structures
more than 10 feet.
(4)
An applicant proposing to share use of an existing
tower and/or structure shall be required to document intent from an
existing tower/structure owner to allow shared use.
C.
New or altered towers and/or structures.
(1)
The Planning Board may, in its sole discretion, approve a new or altered (including tower or structure which are modified, reconstructed or changed beyond that allowed in Subsection B) commercial communication tower/structure where the applicant demonstrates to the satisfaction of the Planning Board that shared usage of an existing tower/structure is impractical. The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers or other structures as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.
(2)
The applicant must demonstrate that the proposed commercial
communication facility cannot be accommodated on existing commercial
communication facilities sites or other structures in the inventory
due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural
capacity of existing and approved commercial communication facilities
or other structures, considering existing and planned use for those
facilities.
(b)
The planned equipment would cause radio frequency
interference with other existing or planned equipment which cannot
be reasonably prevented.
(c)
Existing or approved commercial communication
facilities or other structures do not have space on which proposed
equipment can be placed so it can function effectively and reasonably.
(d)
Other technical reasons make it impractical
to place the equipment proposed by the applicant on existing facilities
or structure.
(e)
The property owner or owner of the existing
commercial communication facility or other structure refuses to allow
such co-location.
(3)
The applicant shall be required to submit a site plan in accordance with §§ 475-41 through 475-45 for all commercial communication towers that are proposed to be erected, moved, reconstructed, changed or altered. Site plan review will also be required in those instances when antenna(s) are being added to existing structures not in compliance with the criteria set forth in Subsection B of this section. In addition to §§ 475-41 through 475-45, the site plan shall show all existing and proposed structures and improvements including roads, buildings, tower(s), guy wire anchors, parking and landscaping and shall include grading plans for new facilities and roads.
(4)
The applicant shall identify, in writing, the number
and location of all future towers that the applicant anticipates it
will need over the next five years to complete its coverage objectives.
Only towers that service regions in the Town of Bergen need be identified.
D.
New tower at a developed site. When shared usage of an existing tower or other structure is found to be impractical, as determined in the sole discretion of the Planning Board, the applicant shall investigate the feasibility of sharing a site already developed with an existing tower or other structure. Documentation and conditions shall be in accordance with Subsections A and C of this section. Any new commercial communication tower approved for a site with an existing tower or other structure site shall be subject to the standards of Subsections F through N of this section.
E.
New tower at a new location. The Planning Board may approve a new commercial communication tower on a site not previously developed with an existing tower or other structure when the applicant demonstrates that shared usage of an existing tower site is impractical, as determined in the sole discretion of the Planning Board, and submits a report as described in Subsection C of this section.
F.
Future shared use of new towers. The applicant must
design a proposed commercial communication tower to adequately hold
and support a minimum of two additional commercial communication system
carriers. This requirement may be waived provided that the applicant
demonstrates, in the sole discretion of the Planning Board, that provisions
of future shared usage of the facility is not feasible and an unnecessary
burden, based upon:
(1)
The number of Federal Communications Commission (FCC)
licenses foreseeable available for the area;
(2)
The kind of tower site and structure proposed;
(3)
The number of existing and potential licenses without
tower spaces;
(4)
Available spaces on existing and approved towers;
(5)
Potential adverse visual impact by a tower designed
for shared usage;
(6)
Any other relevant factor.
G.
Setbacks for new towers. All proposed commercial communication
towers and accessory structures shall be set back from abutting residential
parcels, public property or street lines a distance sufficient to
contain on-site substantially all icefall or debris from tower failure
and preserve the privacy of adjoining residential properties.
(1)
All commercial communication tower bases must be located
at a minimum setback from any property line at a distance at least
equal to the tower height plus 20 feet. The minimum setback requirement
of this subsection may be increased, in the sole discretion of the
Planning Board, when necessary to reduce potential impacts upon neighboring
properties.
(2)
No commercial communication tower shall be constructed
and/or installed within 1,000 feet of any Land Conservation LC District.
(3)
Accessory structures must comply with the minimum
setback requirements in the underlying district.
H.
Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modifications of an existing tower that will increase the height of the existing tower in excess of that allowed in Subsection B. Construction of a new commercial communication tower or modification of an existing tower shall be subject to those guidelines and criteria listed below that the Planning Board, in its sole discretion, deems appropriate at the initial meeting:
(1)
Assessment of "before and after" views from key viewpoints
both inside and outside of the Town, including state highways and
other major roads, from public parks, other public lands; from any
privately owned preserves and historic sites normally open to the
public, from property located within a Land Conservation LC District,
and from any other location where the site is visible to a large number
of visitors or travelers.
(3)
Assessment of visual impact of the tower base, guy
wires, accessory buildings, and overhead utility lines from abutting
properties and streets.
I.
New tower design. Alternate designs shall be considered
for new towers, including lattice and single pole structures. Plans
should show that the owner of the commercial communication tower will
permit other persons to attach other communication equipment which
does not interfere with the primary purposes of the commercial communication
tower, provided that such other persons agree to negotiate a reasonable
compensation to the owner from such liability as may result from such
attachment. The design of a proposed new tower shall comply with the
following:
(1)
Unless specifically required by other regulations,
all towers shall have a neutral, earth tone, sky tone or similar finish
that will minimize the degree of visual impact that the new tower
may have.
(2)
In addition to complying with all applicable Federal
Aviation Administration (FAA) requirements with respect to avoidance
lighting, all towers shall have a minimum of a steady red beacon.
The Planning Board may require additional avoidance lighting if in
its sole discretion, such lighting is necessary.
(3)
Any new tower shall be designed and constructed to
have the minimum height and carrying capacity needed to provide future
shared usage (co-locating of a minimum of two additional antennas).
(4)
The Planning Board may request a review of the application
by the Town Attorney, Town Engineer or other engineer selected by
the Planning Board, for evaluation of the public necessity for and
design of any new tower. The costs associated for such review shall
be borne by the applicant.
(5)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(6)
No portion of a tower may be used for signs or advertising
purposes, including company name, banners, streamers, etc.
(7)
The applicant shall provide documentation acceptable
to the Planning Board that certifies the operation of the proposed
commercial communication tower facility will not interfere with usual
and customary transmission or reception of radio, television or other
communication equipment.
(8)
Space on communication towers shall be made available
for public safety purposes (i.e., Genesee County Public Safety Radio
System) at no cost to public safety agencies.
J.
Existing vegetation. Existing on-site vegetation shall
be described in the application and 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
without specific approval nor 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.
K.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
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 vegetative screening
shall be required for all commercial 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.
L.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Access road construction shall, at all times, minimize grounds
disturbance and vegetation cutting to within the toe of fill, the
top of cuts, or no more than 10 feet beyond the edge of any roadway
surface. Access road grades shall closely follow nature contours to
assure minimal visual disturbance and reduce soil erosion potential.
Access roads shall have an all weather surface and shall be a minimum
of 12 feet in width.
M.
Parking. Parking shall be provided in accordance with § 475-46 and shall include a turnaround. No parking space shall be located in any required yard.
N.
Fencing. Sites of proposed new commercial communication
towers and sites where modifications to existing towers are proposed
shall be adequately enclosed by an eight-foot chain link fence topped
with three strands of barbed wire, unless the applicant demonstrates
to the sole discretion of the Planning Board that such measures are
unnecessary to ensure the security of the facility and safety of the
general public. Such security fencing shall surround the tower base
as well as each guy anchor.
O.
Performance bond. Prior to approval of any application,
the Planning Board, in its sole discretion, may require the applicant
and/or owner to post and file with the Town Clerk a maintenance and/or
performance bond or other form of security acceptable to the Town
Attorney, in an amount sufficient to cover the construction and maintenance
of said tower during its lifetime and to provide for its removal.
The amount required shall be determined in the sole discretion of
the Planning Board, based upon the unique characteristics of the tower
and site. In furtherance of the foregoing, the applicant and/or owner
shall cooperate with the Planning Board in supplying all necessary
construction and maintenance data to the Board prior to approval of
any application to accomplish the foregoing.
P.
Removal of obsolete/unused facilities. Commercial communication tower facilities must be removed if they become obsolete or cease to be used for their intended purposes. Removal of such obsolete and/or unused facilities shall take place within four months of cessation of use. The Planning Board, in its sole discretion, may extend such time period upon a showing of good cause by the applicant. Failure by the applicant to remove obsolete and/or unused commercial communication tower facilities within the time period set forth in this section shall be a violation of a condition of the building permit, special use permit and/or zoning ordinance which authorize the construction or installation of said facilities and shall result in the forfeiture to the Town of Bergen of the performance bond set forth in Subsection O. The applicant shall submit an executed removal agreement consistent with this Subsection P at the time of their application.
