[HISTORY: Adopted by the Board of Trustees of the Village
of Coxsackie 8-11-2008 by L.L. No. 8-2008. Amendments noted where
applicable.]
A.
The purpose of this chapter is to establish regulations for the siting
of telecommunications facilities in order to accommodate the growth
of such facilities while protecting the public against an adverse
impact on aesthetic resources and the public safety and welfare. The
Village of Coxsackie wants to accommodate the need for telecommunications
facilities while regulating their location and number, minimizing
adverse visual impacts through proper design, siting and screening,
avoiding potential physical damage to adjacent properties, and encouraging
joint use of tower structures.
B.
This chapter also seeks to minimize the total number of telecommunications
towers, and the use of existing tall buildings and other high structures,
in order to further minimize adverse visual effects from telecommunications
towers.
C.
This chapter is not intended to prohibit or have the effect of prohibiting
the provision of personal wireless services nor shall it be used to
unreasonably discriminate among providers of functionally equivalent
services consistent with current federal regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
An accessory facility serves the principal use, is subordinate
in area, extent and purpose to the principal use and is located on
the same lot as the principal use. Examples of such facilities include
transmission equipment and storage sheds.
A facility other than a telecommunications tower or telecommunications
antenna for the provision of public utility services, including facilities
constructed, altered or maintained by utility corporations, either
publicly or privately owned, or government agencies, necessary for
the provision of electricity, gas, steam, heat, communication, water,
sewage collection or other such service to the general public. Such
facilities shall include poles, wires, mains, drains, sewers, pipes,
conduits, cables, alarms and call boxes and other similar equipment,
but shall not include office or administration buildings. For purposes
of the zoning law,[1] telecommunications towers or telecommunications antennas
defined separately in the zoning law, shall not be governed by the
zoning regulations which apply to the broader definition of "public
facilities," but shall be governed by these regulations.
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions set forth for such
use subject to approval by the Planning Board.
A system of electrical conductors that transmit or receive
radio frequency waves.
A structure, on which one or more antennas will be located,
that is intended for transmitting and/or receiving a combination of
radio, television, telephone, wireless or microwave communications
for an FCC licensed carrier or for private radio and television reception
and private citizens’ band, amateur radio and other similar
private, residential communications, but excluding those used exclusively
for fire, police and other dispatch communications; or those that
are no more than 15 feet in height and used exclusively for private
radio and television reception and private citizens’ bands,
amateur radio and other similar private, residential communications.
[Amended 4-9-2012 by L.L. No. 1-2012]
A.
The Planning Board is hereby authorized to review and approve, approve
with modifications or disapprove special use permits and site plans
for telecommunications facilities pursuant to this chapter. The Planning
Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed telecommunications facility, including the use of camouflage
for the tower structure and/or antenns to reduce visual impact.
B.
No telecommunications facility shall hereafter be erected, moved,
reconstructed, changed or altered and no existing structure shall
be modified to serve as a telecommunications facility, except after
a special use permit in conformity with this chapter.
C.
The Planning Board may waive any or all of the requirements for approval
for applicants proposing minor changes to existing facilities and
for applicants proposing the use of camouflage for a telecommunications
tower when the Board finds that such camouflage significantly reduces
the visual impact to the surrounding area. However, the Board may
not waive the requirement that a public hearing be held on the application.
D.
The Planning Board is hereby authorized to retain a consultant or
Village-designated engineer, to be paid for by the applicant, to aid
it in reviewing the application, site plan submission and other materials
and data submitted by the applicant. No building permit shall be issued
until the applicant provides proof that the space on the facility
has been leased or will be operated by a provider licensed by the
FCC to provide service in the area.
No special use permit relating to a telecommunications facility
shall be authorized by the Planning Board unless it finds that such
facility:
A.
Is necessary to provide adequate service to locations that the applicant
is not able to serve with existing facilities;
B.
Conforms to all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration and other
federal agencies;
C.
Will be designed and constructed in a manner which minimizes visual
impact to the extent practical; and
D.
Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility.
A.
Site plan. An applicant shall be required to submit a site plan as
described in Article X of the Zoning Ordinance.[1] The site plan shall show all existing and proposed structures
and improvements, including roads, and shall include grading plans
for new facilities and roads. The site plan shall also include 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 land
or vegetation clearing required.
B.
Additionally, the Planning Board shall require that the site plan
include a completed visual environmental assessment form (visual EAF)
and a landscaping plan addressing other standards listed within this
chapter with particular attention to visibility from key viewpoints
within and outside of the municipality as identified in the visual
EAF. The Planning Board may require submittal of a more detailed visual
analysis based on the results of the visual EAF.
C.
Documentation from an expert qualified in the field of telecommunications
and radio frequency engineering showing that the tower and/or facility
is needed to provide adequate coverage to an area of the Village that
currently has inadequate coverage, including a sealed, graphical depiction
of the inadequate coverage area.
D.
A copy of the lease agreement.
E.
A copy of the applicant's FCC operating license.
A.
The shared use of existing telecommunications towers 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 an
existing telecommunications facility or upon an existing structure
within a reasonable distance, regardless of municipal boundaries,
of the site. The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facilities
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 the 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; and
(5)
The property owner or owner of the existing telecommunications facility
or other structure refuses to allow such co-location or requests an
unreasonably high fee compared to comparable fees for such co-location
compared to current industry rates.
B.
An applicant intending to share use of an existing tower shall be
required to document intent from an existing tower owner to share
use. The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use. Those costs include
but are not limited to structural reinforcement, preventing transmission
or receiver interference, additional site screening and other changes,
including real property acquisition or lease required to accommodate
shared use.
Telecommunications facilities shall be constructed so as to
minimize the potential safety hazards and located in such a manner
that if the facility should fall, it will remain within the property
boundaries and avoid habitable structures, public streets, utility
lines and other telecommunications facilities.
Telecommunications facilities shall comply with all existing
setbacks within the affected zone. Setbacks shall apply to all tower
parts, including guy wire anchors, and to any accessory facilities.
Additional setbacks may be required by the Planning Board to contain
on-site substantially all icefall or debris from tower failure and/or
to preserve the privacy of adjoining residential and public property.
Towers shall not be artificially lighted except to assure human
safety as required by the Federal Aviation Administration (FAA). Notwithstanding,
an applicant may be compelled to add FAA-style lighting and marking
if, in the judgment of the Planning Board, such a requirement would
be of direct benefit to public safety. The Board may choose the most
appropriate lighting and marking plan from the options acceptable
by the FAA at that location. The applicant must provide both standard
and alternative lighting and marking plans for the Board's review.
A.
The maximum height for telecommunications towers permitted under
this chapter, including any antennas or other devices extending above
the tower, measured from the ground surface shall be 150 feet.
B.
Towers shall be a galvanized finish or painted gray above the surrounding
treeline and painted gray, green, black or similar colors designed
to blend with the natural surroundings below the surrounding treeline
unless other standards are required by the FAA. Towers should be designed
and sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements. Accessory facilities shall maximize use
of building materials, colors and textures that are designed to blend
with the natural surroundings.
C.
Structures offering slender silhouettes (i.e., monopoles or guyed
towers) may be preferable to freestanding lattice structures except
where such freestanding structures offer capacity for future shared
use. The Planning Board may consider the type of structure being proposed
and how it relates to the surrounding area.
D.
The applicant must examine the feasibility of designing a proposed
telecommunications tower to accommodate future demand for additional
facilities.
A.
Existing on-site vegetation shall be 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
prior to approval of the special permit use. Clear-cutting of all
trees in a single contiguous area shall be prohibited.
B.
The Planning Board may require appropriate vegetative buffering around
the fences of the tower base area, accessory facilities and the anchor
points of guyed towers to buffer their view from neighboring residences,
recreation areas, waterways, historic or scenic areas, or public roads.
A.
Access and parking will be provided to assure adequate emergency
services. Maximum use of existing roads, public or private, shall
be made. Construction shall be consistent with municipal standards
for rights-of-way and shall at all times minimize ground disturbance
and vegetation cutting. Grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
B.
Equipment or vehicles shall not be stored on the site.
The use of any portion of a telecommunications facility for
signs for promotional or advertising purposes, including but not limited
to company name, phone numbers, banners, streamers and balloons, is
prohibited. The Planning Board may require the installation of signage
with safety information.
A.
Towers, anchor points around guyed towers, and accessory facilities
shall each be surrounded by fencing not less than six feet in height.
B.
There shall be no permanent climbing pegs within 15 feet of the ground.
C.
Motion-activated or staff-activated security lighting around the
base of a tower or accessory facility may be provided if such lighting
does not project off the site.
D.
A locked gate at the junction of the access way and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such a
gate must not protrude into the public thoroughfare.
A.
All telecommunications facilities shall be built, operated and maintained
to acceptable industry standards. Each application must contain a
site plan for the facility containing the signature of an engineer
licensed by the State of New York.
B.
Each facility shall be inspected at least every two years for structural
integrity by a New York State licensed engineer. A copy of the inspection
report shall be submitted to the Village of Coxsackie.
At the time of the submission of the application 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 used as a telecommunications facility if such facility becomes
technologically obsolete or ceases to perform its originally intended
function for more than 12 consecutive months. Upon removal, the land
shall be restored to its previous condition, including but not limited
to the seeding of exposed soils. The Planning Board is hereby authorized
to require the applicant, as a condition of approval, to post an escrow
deposit with the Village in an amount sufficient to ensure compliance
with this section.
