In recognition of advancing technology and the increasing demand
for the installation of wireless communications tower(s) and/or facilities
within the Town, the Town Board of the Town of Riverhead hereby determines
that it is in the public interest to specifically regulate the siting
and installation of such facilities within the Town in order to protect
the public health, safety and welfare. The purpose of this article
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; encourage
the location of towers in nonresidential areas; minimize the total
number of towers throughout the Town; 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 Town Board shall give due consideration
to the Town's Comprehensive Plan, 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.
[Amended 12-19-2023 by L.L. No. 27-2023]
A. Permitted uses. The following uses are deemed to be permitted uses
and shall require a building permit, electrical permit, and Fire Marshal
construction permit but shall not be subject to site plan approval
or a special use permit:
(1)
Antennas to be located on towers on property owned, leased or
otherwise controlled by the Town of Riverhead or one of its special
districts, provided that said property is subject to a license or
lease authorizing such antenna which shall be approved by the Town
Board, and provided that such towers or antennas comply with the written
regulations promulgated by the Town Board.
(2)
Lawful or approved towers and antennas, which existed prior
to the effective date of this article, except that any and all additions
or expansions to existing towers and/or antennas shall be subject
to the requirements of this section and article.
(3)
The location of additional new antennas on existing towers,
so long as the same are in compliance with the following:
(a)
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower, unless the Building Department, in its discretion,
shall permit reconstruction as a monopole.
(b)
Height. An existing tower may be modified or rebuilt with no
additional separation to a greater height over the tower's existing
height, in order to accommodate the co-location of a single additional
antenna.
B. Information required for applications for approval by the Building
Department:
(1)
All information required under Chapter
217, Buildings, Building Construction and Improvements and Housing Standards, Parts 1 and 2, of the Code of the Town of Riverhead.
(2)
An application form as approved by the Building Department.
(3)
Mount analysis report, structural analysis report, and RF-EME
compliance report prepared by a licensed design professional.
C. The Building Department shall make a final determination to grant,
grant with modifications and/or conditions and/or covenants or deny
the application submitted pursuant to this section.
D. The Zoning Officer within the Building Department may, in making
said determination:
(1)
Permit the reconstruction of any existing tower to monopole
construction to encourage the use of monopoles.
(2)
At his/her sole discretion, refer any application to the Zoning
Board of Appeals.
E. Upon a final determination by the Zoning Officer within the Building
Department to deny, modify and/or impose conditions and/or covenants
upon an application, the applicant may appeal to the Zoning Board
of Appeals within 60 days of the final determination.
An applicant must submit a site plan application to the Planning Department pursuant to the requirements of Article
LVI, Site Plan Review, §§
301-302 through
301-307, of this chapter. Such site plan application shall be submitted prior to any application for a special permit to the Town Board.
[Amended 6-7-2016 by L.L.
No. 18-2016]
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 Town 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.
Preexisting towers shall be permitted as they presently exist.
Routine maintenance (including replacement with a new tower of like
construction and height) shall be permitted on such preexisting towers.
New construction other than routine maintenance of a preexisting tower
shall comply with the requirements of this chapter.