[HISTORY: Adopted by the Board of Trustees of the Village
of Belle Terre 9-18-2012 by L.L. No. 3-2012. Amendments noted where
applicable.]
In recognition of advancing technology and the increasing demand
for the installation of wireless communications tower(s) and/or facilities
within the Village, the Board of Trustees of the Village of Belle
Terre hereby determines that it is in the public interest to specifically
regulate the siting and installation of such facilities within the
Village in order to protect the public health, safety and welfare.
The purpose of this chapter is to establish standards for the siting
of wireless communications towers and antennas in order to protect
residential areas and land uses from potential adverse impacts of
towers and antennas; minimize the total number of towers throughout
the Village; encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers; encourage users of towers and antennas to locate them, to
the extent possible, in areas where the adverse impact on the surrounding
community is minimal; encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impacts of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques; enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively and efficiently; consider the impacts upon the
public health and safety of communications towers; and avoid potential
damage to adjacent and/or nearby properties from tower failure through
appropriate engineering and careful siting of tower structures and/or
facilities. In furtherance of the aforementioned objectives, the Board
of Trustees shall give due consideration to existing land uses and
development and environmentally sensitive areas, and other appropriate
factors in approving sites for the location of towers and antennas
and/or facilities. These standards are not intended to prohibit or
have the effect of prohibiting the provision of personal wireless
services, nor shall they 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 set forth below:
A building or structure that serves the principal use, which
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.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished mean grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been completed or constructed so long as such approved permit(s)
is current and unexpired, or any tower which is existing and has a
certificate of compliance.
Any structure designed and constructed primarily for the
purpose of supporting one or more antennas for telephone, radio and
similar communications purposes, including self-supporting lattice
towers, guyed towers or monopole towers. This term includes radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
similar structures. The term includes the structure and any support
thereto.
A.
No transmission tower shall hereafter be used, erected, moved, reconstructed,
changed, altered or modified to serve as a transmission tower without
the issuance of a special use permit(s) by the Board of Trustees in
conformity with the requirements of this chapter.
B.
In accordance with § 170-5 of the Village Code, towers shall be permitted by special use permit only.
C.
New towers and antennas. All new towers and antennas in the Village
shall be subject to these regulations, except as otherwise provided
herein below.
D.
Exceptions. The requirements set forth in this chapter shall not
be applicable to:
(1)
Amateur radio operators' antennas and/or towers not exceeding
35 feet in height, which are owned and operated by a federally licensed
amateur radio operator and which are located upon property that is
the principal place of business or primary residence of the amateur
radio operator.
(2)
Preexisting towers or antennas.
A.
Principal and accessory use. Antennas and towers may be considered
either principal or accessory uses.
B.
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with zoning district regulations, the
entire lot shall control, even though the antennas or towers may be
located on leased parcels within such lots.
C.
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Board of Trustees an inventory of existing
towers, antennas or sites approved for towers or antennas that are
either within the jurisdiction of the Village or within one mile of
the border thereof, including specific information about the location,
height and design of each tower. The Board of Trustees may share such
information with other applicants applying for administrative approvals
or special use permits under this section or other organizations seeking
to locate antennas within the jurisdiction of the Village. The Board
of Trustees, by sharing such information, shall not be deemed to be
in any way representing or warranting that such sites are available
or suitable.
D.
Aesthetic requirements. All towers and antennas shall comply with
the following requirements:
(1)
Towers shall be a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of any buildings and related structures
shall, to the extent practicable, use materials, colors, textures,
screening and landscaping that will blend them into the natural setting
and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to or closely compatible with
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as practicable.
(4)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If required, the lighting
shall be designed to minimize to the maximum extent practicable the
resultant disturbance to the surrounding views and properties.
E.
Signs. No signs shall be permitted on an antenna or tower.
F.
Multiple antenna/tower plan. Users of towers and/or antennas submitting
a single application for the approval of multiple towers and/or antenna
sites shall be given priority status in the review process.
A.
Unless otherwise permitted by this chapter, the construction of new
communications towers and/or the installation of antennas shall be
permitted upon the issuance of a special permit by the Board of Trustees,
subject to the following:
(1)
Applications for special use permits under this section shall be subject to the provisions of § 170-34 of the Code of the Village of Belle Terre as specifically set forth therein under "special permits," except as otherwise modified in this chapter.
(2)
A certification, by an engineer licensed by the State of New York,
that the towers/antennas meet or exceed current standard regulations
of the FAA, the FCC and any other state or federal agency having authority
to regulate towers or antennas. Any information of an engineering
nature that the applicant submits, whether civil, mechanical or electrical,
shall be certified by a New York State licensed professional engineer.
B.
Special permit requirements for towers/antennas.
(1)
Information required. Applications for a special use permit for a
tower shall include the following:
(b)
Setback distance between the proposed tower and:
(c)
Separation distance(s) from other towers described in the inventory
of existing sites submitted with the application shall be shown on
an updated site plan or map, identification of the type of construction
of the existing tower(s) and the owner/operator of any existing tower(s),
if known.
(d)
A written description of the application's compliance with
all applicable requirements of this chapter and with all applicable
federal, state and local laws.
(e)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(f)
A description of the suitability of existing towers and/or other
structures and/or alternative technology, and the services contemplated
for the use of the proposed tower.
(2)
The Board of Trustees shall consider the following factors in determining
whether to issue a special use permit:
(a)
The height of the proposed tower.
(b)
The proximity of the tower to residential structures and residential
district boundaries.
(c)
The nature of existing and/or proposed uses on adjacent and
nearby properties.
(d)
The site and/or surrounding topography.
(e)
The surrounding tree coverage and foliage.
(f)
The design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
(g)
The proposed ingress and egress.
(h)
The availability of suitable existing towers, other structures
or alternative technologies not requiring the use of new towers and/or
structures.
(i)
The Board may waive or reduce the burden on the applicant of
one or more of these criteria if it concludes the goals of this chapter
are better served thereby.
(3)
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Board of Trustees that no existing
tower, structure or alternative technology not requiring the construction/alteration
of new towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit any information requested by the
Board of Trustees related to the availability of suitable existing
towers, other structures or alternative technology. Evidence submitted
to demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist
of any or all of the following:
(a)
That no suitable (as to height and structural strength) towers
or structures are located within the geographic area which meet the
applicant's engineering requirements, or that the applicant's
proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause interference with the applicant's
proposed antenna and/or that there are other limiting factors that
render existing towers and structures unsuitable.
(b)
That the costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(c)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitter/receivers
attached to a wire line system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall apply to all towers
for which a special use permit is required:
(a)
To the extent feasible, towers and any accessory buildings shall
satisfy the minimum zoning district setback requirements in the zoning
district where the tower or antenna is proposed.
(5)
Separation. The following separation requirements shall apply to
all towers for which a special use permit is required; provided, however,
that the Board of Trustees may reduce the standard separation requirements
if the goals of this chapter would be better served thereby:
(a)
Separation between towers. Separation distances between towers
shall be applicable to and measured between the proposed tower and
preexisting towers; separation distances shall be measured by drawing
or following a straight line between the base of the existing tower
and the proposed base, pursuant to a site plan for the proposed tower.
The separation distances between towers shall be 5,000 linear feet.
(b)
Security fencing. Towers shall be enclosed by security fencing
not less than eight feet in height and shall be equipped with appropriate
anti-climbing devices; provided, however, that the Board of Trustees
may waive such requirements as it deems appropriate.
(6)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that the Board of Trustees may waive such requirements if
the goals of this chapter would be better served thereby:
(a)
Tower facilities shall be landscaped utilizing a buffer of plant
materials that effectively screens the view of the tower compound
from residential property. Deciduous or tree plantings may be required.
The standard buffer shall consist of at least one row of native mixed
evergreen shrubs or trees capable of forming a contiguous hedge at
least eight feet in height, which 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.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived by the Board
of Trustees.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases where
such towers are sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
An applicant must submit a site plan application to the Planning Board pursuant to the requirements of Chapter 125 of the Village Code. Such site plan application shall be submitted prior to any application for a special permit to the Board of Trustees.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be deemed abandoned. The owner of such antenna
or tower shall remove the same within 90 days of receipt of notice
from the Village notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds to remove the tower or antenna at the owner's expense.
In the event that two or more entities are using a single tower, then
this provision shall not apply unless all uses cease with respect
to such tower.
The various parts, sections and clauses of this chapter are
hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the article shall not
be affected thereby.
Any ordinances or parts thereof in conflict with the provisions
of this chapter are hereby repealed to the extent of such conflict.
