The purpose of this chapter is to supplement the Town of Kendall zoning regulations relating to the regulation of essential services as such term is defined in Chapter
265, Zoning, of the Code of the Town of Kendall, which includes telecommunication facilities. These supplemental regulations are intended to promote health, safety, and the general welfare of the residents of the Town of Kendall; 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 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.
As used in this chapter, the following terms shall have the
meanings indicated:
TELECOMMUNICATION FACILITY
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone services,
personal communications services, radio and television broadcast communications
and private radio communications services, and are regulated by the
Federal Communications Commission, both in accordance with the Telecommunications
Act of 1996 and other federal laws. A "telecommunication facility"
shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal accessory telecommunication
equipment and supporting masts, wires, structures, and buildings.
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:
A. Is necessary to meet current or expected demands for service;
B. Conforms with all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration, and other
federal agencies;
C. Is considered a public utility in the State of New York;
D. Is designed and constructed in a manner which minimizes visual impact
to the extent practical;
E. Complies with all other requirements of this chapter, unless expressly
superseded herein;
F. Complies with all the requirements of Chapter
265, Zoning, of the Code of the Town of Kendall, unless expressly superseded herein;
G. Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility;
H. When including the construction of a tower, such tower is designed
to accommodate future shared use by at least one other telecommunication
service provider. Any subsequent location of telecommunication equipment
by other service providers on existing towers specifically designed
for shared use shall not require a new or modified special use permit
if there would be no increase in the height of the tower. However,
the additional equipment will require site plan review.
The construction or location of telecommunication facilities
upon a parcel of land within the Town of Kendall shall be deemed to
be an assessable improvement subject to real property taxation under
the applicable provisions of the laws of the State of New York.