[Added 3-13-1997]
The Town Board of the Town of Hartland makes the following findings:
A.
Requests to site personal wireless telecommunications facilities
have occurred and will be occurring in the Town of Hartland.
B.
The Town Board finds that the rural, pastoral beauty of the Town
of Hartland requires the stringent regulation of telecommunications
towers; that such towers inherently detract from the nature and character
of the Town of Hartland and this amendment is necessary to direct
the location of personal wireless telecommunications facilities within
the boundaries of the Town of Hartland to minimize the number of such
towers; to protect residential areas and other land uses from potential
adverse impacts of personal wireless telecommunications facilities;
to minimize adverse visual impacts of personal wireless telecommunications
facilities and to encourage shared use and collocation of existing
and new personal wireless telecommunications facilities and communications
towers as a primary option rather than construction of additional
single-use towers; and to protect the general welfare of the citizens
of the Town of Hartland.
As used in this article, the following terms shall have the
meanings indicated:
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support personal wireless telecommunications facilities.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission (FCC). Design
examples of telecommunications antennas are described as follows:
whip; panel; and dish.
A tower greater than 35 feet in height and which does not
exceed 310 feet in height (including antenna) and which supports communication
(transmission or receiving) equipment. The term "telecommunications
tower" shall not include amateur radio operators' equipment as licensed
by the FCC. Design examples of telecommunications towers are described
as follows: self-supporting lattice; guyed; and monopole.
Commercial mobile services, unlicensed wireless services
and common carrier exchange access services.
Persons, firms or corporations supplying personal wireless
telecommunications service, including all equipment, apparatus, facilities
and devices used in the supplying of personal wireless telecommunications
service.
A modification of the height, silhouette and/or ground area
of any telecommunications tower or telecommunications accessory structure,
and/or the addition of telecommunications antennas of a new provider
to an existing tower.
Subject to the provisions of this article, personal wireless
communications facilities and communications towers shall be allowed
only in the Agricultural Use District (A District), the General Business
Use District (B District) and the Light Industrial Use District (I
District).
A.
The placement, construction and major modification of all personal wireless telecommunications facilities and telecommunications towers within the boundaries of the Town of Hartland shall be permitted only by special permit, upon site plan approval issued by the Planning Board and issuance of a building permit, and subject to all the provisions of this chapter and all other applicable regulations. This article shall supersede Article VI, § 144-38, for the uses regulated under this article.
[Amended 12-8-2005 by L.L. No. 2-2005]
B.
All new telecommunications antennas which are not attached to telecommunications
towers shall comply with the provisions of this chapter.
C.
All telecommunications towers permitted on the effective date of
this article shall be allowed to continue their usage as they presently
exist, but shall be subject to the provisions of the article relating
to permit renewal and any other provision not inconsistent with the
permit, and additional new telecommunications antennas shall be permitted
thereon without regard to the zoning district in which the tower is
located. New construction other than routine maintenance on an existing
telecommunications tower shall comply with the requirements of this
article. Any applications pending on the effective date of this article
shall be subject to the provisions of this article.
D.
To preserve the aesthetic and scenic value of the Town, new telecommunications
facilities shall be sited on existing telecommunications towers unless
the applicant demonstrates unequivocally collocation is not possible.
Any existing permit shall, regardless of additional expense or modification
of facilities, allow and encourage collocation on its facilities.
It collocation is not possible, such facilities shall be located in
the area already in use for telecommunications towers, as close as
possible to existing towers.
E.
Applications under this article shall be made as follows: applicants
for a special permit to place, construct or modify personal wireless
telecommunications facilities within the Town of Hartland shall submit
the following information to the Planning Board for its referral to
a professional engineer or consultant for review and recommendation:
[Amended 12-8-2005 by L.L. No. 2-2005]
(1)
Visual environmental assessment form (visual EAF). Landscaping
plan and visual assessment report, including appropriate models and
photography assessing the visibility from key viewpoints identified
in the visual EAF, existing treelines and proposed elevations.
(2)
A preliminary report prepared by a licensed professional engineer
describing:
(a)
The feasibility of collocation on existing structures and telecommunications
facilities.
(b)
The applicant's full map and grid coverage in the Town.
(c)
Surrounding topography and relation to line of sight transmission.
(d)
Available road access, electric power and land-based telephone
lines and/or microwave link capability.
(e)
Required improvements or construction activities, including
those within the public right-of-way or lands owned or controlled
by the Town of Hartland.
(f)
The identity of location, ownership and usage of currently existing
telecommunications facilities within the Town.
(g)
Plans for construction of telecommunications accessory equipment
building or structure and landscaping plan.
(h)
Proposed mitigation measures for visual impacts.
(i)
Proposed safety measures.
(j)
Compatibility with existing telecommunications networks, New
York State Thruway Authority telecommunications network and public
safety and emergency networks such as fire, ambulance, police and
911.
(3)
In the case of an application for a telecommunications tower,
additional information shall be provided describing the telecommunications
tower's height and design, including a cross section of the structure;
the telecommunications tower's compliance with applicable structural
standards; the telecommunications tower's capacity, including the
number and type of telecommunications antennas it can accommodate
and the basis of calculation of capacity.
(4)
In the case of a telecommunications antenna mounted on an existing
structure, additional information shall be provided indicating the
existing structure's suitability to accept the telecommunications
antenna; the proposed method of affixing the telecommunications antenna
to the structure; and complete details of all fixtures and couplings,
and the precise point of attachment shall be indicated.
(5)
A demonstration of need for the proposed telecommunications
facility showing the impracticality of upgrading or expanding an existing
site.
(6)
A demonstration that the proposed site is the most appropriate
available site for the location of the cellular telephone facility.
(7)
An inventory of existing telecommunications facilities within
the Town outlining opportunities for shared use as an alternative
to the proposed use. If collocation is not used, the applicant must
demonstrate that the proposed telecommunications tower or telecommunications
antenna cannot be accommodated on an existing approved telecommunications
tower or facility or an existing facility with modifications.
(8)
A description of the applicant's long-range plans which project
market demand and long-range facility expansion needs within the Town.
(9)
Proof of certified mail announcements to all other telecommunications
providers in the area declaring the applicant's sharing capabilities
and/or siting needs.
(10)
A map showing the location of the premises for which the permit
is sought and a sketch plan showing all features of the facility necessary
for providing road access, electrical service, land-based telephone
line connection and/or microwave link capability within the property
boundaries of the proposed location.
(11)
In the case of an application for a telecommunications antenna
or tower to be located on private lands owned by a party other than
the applicant or the Town, a copy of the lease agreement with the
property owner shall be provided.
(12)
Such other information as may be required by the Planning Board
or the Town Engineer or Building Inspector.
F.
Special permits issued for personal wireless telecommunications service
facilities and telecommunications towers shall be subject to the following
general conditions:
(1)
Separation distance. Telecommunications facilities shall be
separated from all residential dwellings by a distance of 250 feet
or 1 1/2 times the height of the tower, whichever is greater.
(2)
All telecommunications accessory structures shall comply with
zoning setback regulations in the affected zone. In any event, a telecommunications
tower shall be set back a distance at least equal to its height. This
requirement may be waived by the Planning Board if other considerations
require such waiver. Additional setbacks from all property lines may
be required by the Planning Board in order to provide for the public
safety and for aesthetic reasons.
[Amended 12-8-2005 by L.L. No. 2-2005]
(3)
Minimal visual impacts. All telecommunications towers and telecommunications
antennas shall be sited to have the least possible practical visual
effect on the environment.
(4)
Lighting. Telecommunications towers shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration
or other federal, state or local authority.
(5)
Material and paint. Telecommunications towers and telecommunications
antennas shall be of a galvanized finish or painted gray above the
surrounding treeline and gray or green below the treeline; the mountings
of telecommunications antennas shall be nonreflective and of the appropriate
color to blend with their backgrounds unless otherwise required by
the FAA.
(6)
Screening and architectural character. Screening may be required
by the Planning Board to screen portions of the telecommunications
tower and tower base from nearby residential property or important
views. Architectural character: design measures shall be used to integrate
the facilities with existing buildings in the area.
[Amended 12-8-2005 by L.L. No. 2-2005]
(7)
Height. The size of telecommunications sites shall be limited
to the minimum required to provide proposed telecommunications services
but shall include consideration of height needed for collocation.
(8)
Access roads. Plans for access roads shall be submitted as part
of the permit application and shall be subject to approval by the
Highway Superintendent.
(9)
Telecommunications accessory structures. Telecommunications
support facilities such as vaults and equipment rooms, utilities and
other support structures shall be screened, placed underground, depressed,
earth bermed or sited below the ridgeline to the greatest extent feasible,
particularly in areas of high visibility.
(10)
Telecommunications antennas. Due to their high visibility, dish
and parabolic telecommunications antennas shall be located at as low
an elevation as possible without compromising the function of the
device, preferably on the sides of buildings or ground-mounted on
slopes below the ridgeline wherever possible, rather than elevated
on telecommunications towers. Microwave and satellite dishes shall
be of mesh construction wherever possible.
(11)
Utility service. At the discretion of the Planning Board, electrical
and land-based telephone utilities extended to serve telecommunications
sites shall be underground on the applicant's property.
[Amended 12-8-2005 by L.L. No. 2-2005]
(12)
Security provisions. Each site shall have a security program
including physical features such as fencing, anticlimbing devices
or elevating ladders on the telecommunications towers and/or monitoring
either by staff or electronic devices to prevent unauthorized access
and vandalism.
(13)
Safe zone. Telecommunications towers shall be designed so that
in the event of failure they will fall within the setback area of
the site and/or away from adjacent development.
(14)
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize noise impacts on adjacent properties.
(15)
Annual inspection and report. Unless waived by the Board, telecommunications
towers over 100 feet in height, including towers existing on the effective
date hereof, shall be inspected annually by a licensed professional
engineer or at any other time upon a determination by the Town's Building
Inspector that the telecommunications tower may have sustained structural
damage, and a copy of the inspection report shall be submitted to
the Town Building Inspector.
(16)
Removal. All telecommunications facilities, including but not
limited to antennas, towers and accessory structures, shall be dismantled
and removed from the site when they have been inoperative, abandoned
or had their special permit revoked for six months. Applicants shall
post a bond or other suitable undertaking as a condition of the use
permit in order to guarantee removal of abandoned structures.
(17)
Postinstallation field report. A postinstallation field report
identifying the facility's coverage area, the telecommunications tower's
maximum capacity, committed capacity and unused capacity, if any,
and collocated users of the telecommunications tower shall be submitted
to the Town.
(18)
Proof of insurance. The applicant shall annually provide the
Town Clerk with proof of insurance in a sufficient dollar amount to
cover potential personal and property damage associated with construction
and operation thereof.
(19)
Special permit term. Special permits granted pursuant to this
section shall be issued for a term of one year. Permits may be renewed
yearly without the need of a public hearing.
(20)
To the extent determined by the Planning Board, the application
shall provide for the placement of antennas and other telecommunications
devices on its facilities for public safety organizations.
[Amended 12-8-2005 by L.L. No. 2-2005]
(21)
The applicant shall pay for the costs of the Town's engineers
and attorneys for time spent reviewing and analyzing the application.
(22)
Application fee. The applicant shall pay an application fee in the amount of $500 or such other amount as the Town Board may, from time to time, determine by resolution, upon filing of its application to cover the expense of processing the application, exclusive of costs covered by Subsection F(21), above. Such fees shall be paid for each annual renewal.
G.
The Planning Board may grant the special permit, deny the special
permit or grant the special permit with written stated conditions.
Denial of the special permit shall be by written decision based upon
substantial evidence submitted to the Board.
[Amended 12-8-2005 by L.L. No. 2-2005]
H.
The special permit shall not be assignable or transferable.
[Amended 12-8-2005 by L.L. No. 2-2005]
If the applicant violates any of the conditions of its permit
or violates any other local, state or federal laws, rules or regulations,
this shall be grounds for revocation of the special permit. Revocation
may occur after the applicant is notified of the violations and the
Planning Board holds a hearing on the same.