The Town of Elma recognizes the increased demand for wireless
communication transmitting facilities and other similar technologies
and the need for the services they provide. Often, these facilities
require the construction of a communications tower and/or similar
facilities. The intent of this chapter is to protect the interests
of the residents of the Town in requiring the shared use of tower
space and the placement of antennas on existing structures, when available
and when feasible, to reduce the number of tower placements in the
future. It is the intent of the Town to protect the interests of the
residents in properly siting towers and/or similar facilities in a
manner consistent with sound land use planning and to regulate communications
facilities in accordance with the guidelines of the Telecommunications
Act of 1996 by:
A. Accommodating the need for telecommunication towers/antennas and
other similar technologies while regulating their location, height
and number in the community.
B. Minimizing adverse visual impacts of these towers/antenna through
proper design, siting and screening.
C. Preserving and enhancing the positive aesthetic qualities of the
built and natural environment in the Town of Elma.
D. Avoiding potential damage to adjacent properties from tower failure,
falling ice and other falling debris, through engineering and proper
siting.
E. No new tower or structure may be established if there is space available
on an existing tower or structure, if the existing tower or structure
can structurally hold additional antenna array, if there is no interference
with the placement of antennas and if the space on the existing tower
or structure is available.
F. Maximizing use of any new or existing Town-approved communications
tower to reduce the number of towers needed.
G. Maximizing the need for the health, safety and general welfare of
the citizens of the Town of Elma, to the extent possible.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A nonhabitable accessory building or structure serving or
being used in conjunction with a communications tower and/or similar
structure and usually located on the same lot as the communications
tower. Examples of such structures include utility or transmission
equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit and/or receive
frequency signals. Such signals shall include but not be limited to
radio, television, cellular, paging, personal communication services
(PSC) and microwave communications.
COLOCATED ANTENNAS
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antennas and do not
require construction of a new tower.
FALL-DOWN ZONE
The radius around a tower within which all portions of the
tower and antenna would fall in the event of a structural failure
of the tower and/or its mounting/anchoring systems.
GUYED TOWER
A communications tower that is supported, whole or in part,
by guy wires and ground anchors.
MONOPOLE TOWER
A communications tower consisting of a single pole, constructed
without guy wires and ground anchors.
TELECOMMUNICATIONS FACILITIES AND OTHER RELATED TECHNOLOGIES
Towers, similar technologies and/or antennas and/or microwave
dishes and accessory structures together used in connection with the
provisions of cellular telephone service, personal communications
services, digital and/or data communication services, paging services,
radio and television broadcast services and similar broadcast services.
TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures.
No communications tower and/or similar facilities shall be sited, located, constructed, erected or modified without the issuance of a building permit and such other permits or approvals as are prescribed in this chapter. Procedures in §
59A-9 of this chapter must be followed.
A. Colocated/existing structure antennas. An antenna that is to be attached
to an existing communications tower which was approved by the Town
of Elma, smokestack, water tower or other structure is permitted in
all zoning districts. The antenna is permitted upon the approval of
a special tower use permit by the Town Board.
B. Noncolocated/new structure antennas or unapproved existing towers.
(1) An antenna that will not be mounted on an existing structure as defined
above or is more than 50 feet higher than the existing structure on
which it is mounted or is proposed for an unapproved existing structure
is permitted upon approval after a public hearing by Town Board only
after site review by the Planning Board. The height restriction may
be waived by the Town Board upon proof by the applicant that technological
reasons exist for the increase in height. If the structure has not
been approved, then the first step will be for the structure to comply
with all building and Code laws and to demonstrate compliance by review
of the Planning Board.
(2) The tower must be set back a minimum of the height of the tower from
all property lines, and any existing building. This may be waived
by the Town Board upon good cause shown.
(3) The SEQRA review process for industrial-zoned property and all municipal-owned
property, with the exception of property within a park or recreational
area, shall be governed by the facts and situation of the proposed
action. If it is an unlisted action, a coordinated review is required.
With a park, recreational or historic area, the SEQRA shall be treated
as if it is a Type I review. In all other zoning areas, the SEQRA
shall be treated as a Type I review.
The following criteria will be considered by the Town prior
to the approval/denial of a request for a special tower use permit.
The criteria listed may be used as a basis to impose reasonable conditions
on the applicant.
A. Siting preferences.
(1) The Town may express a preference that the proposed telecommunications
facility and/or similar facility or technology be located in an alternate
technologically feasible and available location or multiple locations.
A guideline for the Town's preference, from most favorable to least
favorable districts/property, is as follows:
(a)
Property with an existing structure suitable for colocation.
(b)
Municipal and government property.
[1]
Town of Elma owned property.
[2]
Any other municipal- or government-owned property.
[3]
Industrial zoning districts.
[4]
Commercial zoning districts not located in or near residential
districts.
[5]
Residential districts and historic district and important preservation/conservation
areas, including parks and recreational sites owned by private homeowners
and municipalities. The maximum height of a tower in these zoning
districts is 50 feet. An area variance for height will be required
from the Zoning Board of Appeals to exceed this height, prior to initial
review by Planning Board. Final approval is required by the Town Board
after a public hearing.
(2) Any request by the Town for information on a preferred alternate
site shall not unreasonably delay the application.
B. Aesthetics. Telecommunications facilities or similar structures shall
be located and buffered to the maximum extent which is practical and
technologically feasible to help ensure compatibility with surrounding
land uses. In order to minimize any adverse aesthetic effect on neighboring
residences to the extent possible, the Planning Board may impose reasonable
conditions on the applicant, including the following:
(1) The Town may require a monopole or guyed tower (if sufficient land
is available to the applicant) instead of a freestanding tower.
(2) The Town requires reasonable landscaping consisting of trees or shrubs
to screen the base of the tower and/or to screen the tower to the
extent possible from adjacent residential property. Existing on-site
trees and vegetation shall be preserved to the maximum extent possible.
(3) The Town may require additional site plan requirements, such as specially
designed towers, additional screening, greater setbacks and improved
landscaping to address aesthetic concerns.
(4) The Town may require the applicant to show that he has made good
faith efforts to colocate on existing towers or tower available and
appropriate structures and/or to construct new towers near existing
towers in an effort to consolidate visual disturbances. However, such
request shall not unreasonably delay the application.
(5) Towers should be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements. Towers shall
not be artificially lighted except as required by the Federal Aviation
Administration (FAA). Towers shall be galvanized finish or painted
to be aesthetically pleasing and/or less disturbing to the surrounding
area. Any lights which may be required by (FAA) shall not consist
of strobe lights, unless specifically mandated by FAA.
(6) No tower shall contain any signs or advertising devices. A small
sign on the fencing shall be placed to identify the ownership of the
facility and a telephone number for emergencies.
(7) The applicant must submit a copy of its policy regarding colocation
on the proposed tower with other potential future applicants. Such
policy should allow colocation under the following conditions:
(a)
The new antennas and equipment do not exceed structural loading
requirements, interfere with Town space used or to be used by the
applicant nor pose any technical or radio-frequency interference with
existing equipment;
(b)
The party desiring to colocate pays the applicant an appropriate
and reasonable sum to colocate; and
(c)
The party desiring to colocate has a similar policy of colocation
for the applicant.
(8) The Town may require a fall zone surrounding any support towers to
be equal to the height of the structure and any antennas attached
thereto. The Town Board may shorten the fall zone based upon the type
of tower and certified technological data supplied by the applicant.
The entire fall zone 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, nor can this land contain any
structure other than those associated with the telecommunications
facilities, except as further allowed in this subsection, and may
not be located within any setback area established by this chapter.
If the facility is attached to an existing structure, fall-zone requirements
may be modified by specific permission of the Town Board.
C. Radio-frequency effect. The Planning Board may impose a condition
to the applicant that the communication antennas be operated only
at Federal Communications Commission (FCC) designated frequencies
and power levels and/or Environmental Protection Agency (EPA) technical
exposure limits and that the applicant provide competent documentation
to support that maximum allowable frequencies, power levels and exposure
limits for radiation will not be exceeded.
D. Traffic, access and safety.
(1) A road, turnaround and one parking space shall be provided to assure
adequate emergency and service access such that service vehicles will
not have to back out onto a public thoroughfare. Maximum use of existing
roads, public or private, shall be made. The use of public roadways
or road rights-of-way for the siting of a tower or antenna or accessory
structures is strictly prohibited.
(2) All towers and guy anchors, if applicable, shall be enclosed by a
fence not less than eight feet in height or otherwise sufficiently
protected from trespassing or vandalism.
(3) The applicant must comply with all applicable state and federal regulations,
including but not limited to FAA and FCC regulations.
(4) Motion-activated or staff-activated security lighting around the
base of the tower or accessory structure entrance may be provided
if such lighting does not project off the site. Such lighting should
only occur when the area within the fenced perimeters has been entered.
(5) There shall be no permanent steps or climbing pegs within 20 feet
of the ground of any proposed tower even if surrounded by a fence.
E. Removal of tower. The applicant shall sign an agreement, in writing,
to remove the tower within six months if the telecommunications facility
becomes obsolete or ceases to be used for its intended purpose for
six consecutive months. The applicant shall be required to notify
the Town Board of its cessation of use of the tower within the six-month
period and indicate that it will not be using the tower. The Planning
Board shall require the applicant to provide a demolition bond (in
an amount to be recommended by the Planning Board to the Town Board)
for the removal of the telecommunications facility in the event that
the applicant fails to remove it as required above. The Town must
receive the demolition bond listing the Town as assignee prior to
any building permit being granted. The sufficiency of the demolition
bond shall be examined at least every five years and at the time of
renewal and/or modifying the special use permit. The Town does have
the option of negotiating with the company and to acquire the tower
rather than having it demolished.
F. Structural safety. During the application process and every other
year after construction of the tower, the applicant/owner shall provide
a certification from a qualified professional engineer registered
in the State of New York, certifying that the tower meets applicable
structural safety standards. This certification must be filed in the
Town Clerk's office every other year. If no certification is filed
at the appropriate time, then the tower is deemed abandoned.
G. Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair. This shall
be the sole responsibility of the applicant.
H. The Town Board may require that towers and antenna(s) be set back
a sufficient distance from adjacent property lines and/or structures
to safeguard the general public and/or adjacent property from damage
in the event of tower failure or falling debris, such as ice. It is
presumed that the fall-down zone should be equal to the height of
the tower and any antennas attached to the tower. The fall-down zone
should be the distance required from any adjacent residential property
line and at least 50 feet from any adjacent property line in any other
district and any off-site structure. The Town Board may waive any
portion of this upon a showing of technical data that a different
fall-down zone upon receipt of information from the applicant which
demonstrates the safety of the general public or adjacent property
is protected.
I. The size of a leased or owned lot shall be, at a minimum, sufficiently
large to include the entire fall zone. A lot leased or owned for the
purpose of construction of a tower as part of telecommunications facility
or related technology shall not result in the creation of a nonconforming
lot.
J. The municipality, at the expense of the applicant, may employ its
own consulting assistance to review the findings and conclusions of
the applicant.
All applications for a new tower or to place a new antenna on
an existing structure will be subject to the following guidelines:
A. Nonionizing electromagnetic radiation standards (NIER) A new source
of NIER or increase in NIER from an existing source, when combined
with existing sources of NIER, shall not expose the general public
to ambient radiation exceeding that defined by the federal government
from time to time; provided, however, that if a federal or local standard
is adopted that is more stringent than the presently defined standard
that such more stringent standard shall apply.
B. No special use permit or renewal thereof or modification of the conditions
of a current special use towers permit relating to a telecommunications
facility shall be authorized by the Town unless it finds that such
telecommunication facility:
(1) Is necessary to meet current or expected demands for the services
supported by the telecommunication facility for that applicant's network.
(2) Conforms with all applicable regulations promulgated by the Federal
Communications Commission.
(3) Is designed and constructed in a manner which minimizes its visual
impact to the extent practical.
(4) Complies with all other requirements of this chapter.
(5) Is the most appropriate site within the technically feasible area
for the location of the telecommunication facility.