[HISTORY: Adopted by the Town Board of the Town of Kendall 7-17-1997 by L.L. No.
1-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 265.
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:
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superseded herein;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.[1]
A.
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 telecommunication facility or upon an existing structure.
The application shall include an adequate inventory report specifying
existing telecommunication 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.
Where practicable, preference should be given to locating any new
facilities on municipally owned lands, buildings or existing emergency
service towers within the municipality. Preference shall also be given
to locating telecommunication facilities so that lands of the abandoned
railroad right-of-way, the so-called Hojack Line, can be utilized.[1]
B.
The application
must demonstrate that the proposed telecommunication 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 telecommunication 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 telecommunication facility
or other structure refuses to allow such co-location.
A.
A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower
and any antenna(s) attached upon its zenith plus 20 feet. The entire
fall zone in all directions from the tower base 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.
B.
All telecommunications facilities shall be located on a single parcel.
Only one tower may be constructed on any one parcel.
C.
All telecommunications facilities shall not comply with the lot size
and setback standards of the underlying zoning district, but, instead,
the size of the leased or owned lot shall be, at a minimum, three
acres and of sufficient size to include the entire fall zone. The
minimum setback standard shall provide for free fall plus 20 feet.
A lot leased or owned for the purpose of construction of a tower as
part of telecommunications facility shall not result in the creation
of a nonconforming lot.
D.
The frontage requirement of the underlying zoning district shall not apply, provided 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 § 223-8 herein.
A.
Towers shall not be artificially lighted and marked beyond requirements
of the Federal Aviation Administration (FAA).
A.
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.
B.
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 § 223-6A and B herein, shall otherwise:
(1)
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
(2)
Be disguised or camouflaged to blend in with the surroundings, to
extent that such alteration does not impair the ability of the facility
to perform its designed function.
C.
Accessory structures shall maximize the use of building materials,
colors and textures designed to blend in with the natural surroundings.
D.
The Planning Board may require a State Environmental Quality Review
(SEQR) Full Environmental Assessment Form (EAF) 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
visual analysis based on the results of the Visual EAF.
E.
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 included 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.
F.
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.
A.
Accessways shall make maximum use of existing public or private roads
to the extent practicable. New accessways provided 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.
B.
The road surface (driveways) shall be centered within accessways
and shall not comprise more than 60% of the width of the accessway.
All driveways must be constructed of a gravel base capable of supporting
emergency vehicles.
C.
Parking areas shall be sufficient to accommodate the greatest number
of service vehicles expected on the premises at any one time.
D.
Driveways or parking areas shall provide adequate interior turnaround,
such that service vehicles will not have to back out onto a public
thoroughfare.
A.
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 comprised of three strand
of barbed wire to discourage unauthorized access to the site.
B.
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 activate when the area within the fenced perimeters has been
entered.
C.
There shall be no permanent climbing pegs within 15 feet of the ground
of any tower.
D.
A locked gate at the junction of the driveway and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such gate
must not protrude into the public right-of-way.
A.
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).
B.
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 zoning
office.
C.
A safety analysis by a qualified professional must accompany any
special use permit or site plan application, renewal thereof or modification,
for the purpose of certifying to the general public electromagnetic
radiation exposure does not exceed standards set by federal regulations.[1]
D.
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.
A.
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. Upon removal of said facility, the
land shall be restored to its previous condition, including but not
limited to the seeding of exposed soils.
B.
At the time of obtaining a building permit, the applicant must provide
a financial security bond for removal of the telecommunications facility
and property restoration, with the municipality as the assignee, in
an amount approved by the Planning Board, but not less than $100,000.
C.
At times of renewal or modification of the special use permit, the
Planning Board may adjust the required amount of the financial security
bond to adequately cover increases in cost of removal of the telecommunications
facility and property restoration.
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.
