[Added 8-4-1998 by L.L. No. 8-1998; amended 8-17-1999 by L.L. No.
10-1999; 1-15-2002 by L.L. No. 1-2002; 8-2-2005 by L.L. No. 45-2005]
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.[1]
A.
No telecommunications tower shall hereafter be used, erected, moved,
reconstructed, changed, altered or modified to serve as a telecommunications
tower without the issuance of a special use permit(s) by the Town
Board in conformity with the requirements of this article.[1]
B.
Towers shall be permitted by special permit only in the following
zoning use districts: APZ, PIP, PRP, RFC, DRC, SC, BC, CRC, Ind A,
Ind C, RLC, and TRC, but shall not be permitted in whole or in part
on any property used for residential purposes.
C.
New towers and antennas. All new towers and antennas in the Town
shall be subject to these regulations, except as otherwise provided
hereinbelow.
D.
Exceptions. The requirements set forth in this article shall not
be applicable to:
(1)
Amateur radio operators' antennas and/or towers not exceeding
50 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 Town Board an inventory of its existing
towers, antennas or sites approved for towers or antennas that are
either within the jurisdiction of the Town or within one mile of the
border thereof, including specific information about the location,
height and design of each tower. The Town Board 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 Town. The Town Board, 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 the 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.
[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.
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.
A.
Unless otherwise permitted by this article, the construction of new
communications towers and/or the installation of antennas shall be
permitted upon the issuance of a special permit by the Town Board,
subject to the following:
(1)
Applications for special use permits under this section shall be subject to the provisions of § 301-3 of this chapter as specifically set forth therein under "special permits," except as otherwise modified in this article.
(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.
(3)
A nonrefundable fee of $500.
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:
[1]
Each property line.
[2]
Any existing residential dwelling(s) located on the same parcel
or any adjoining parcels.
[3]
The property line of any parcel that is located in a zoning
district that permits a residential use that is within 2,500 feet
of the subject parcel.
[4]
All other structures located on the same property or any adjoining
parcels.
[5]
Any existing tower(s) within 25,000 feet.
(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 article 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 co-location 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)
Standards
for consideration.
(a)
The Town Board shall consider the following factors in determining whether to issue a special use permit, in addition to the standards for consideration of special use permit applications set forth in § 301-3 of this chapter:
[1]
The height of the proposed tower.
[2]
The proximity of the tower to residential structures and residential
district boundaries.
[3]
The nature of existing and/or proposed uses on adjacent and
nearby properties.
[4]
The site and/or surrounding topography.
[5]
The surrounding tree coverage and foliage.
[6]
The design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
[7]
The proposed ingress and egress.
[8]
The availability of suitable existing towers, other structures
or alternative technologies not requiring the use of new towers and/or
structures.
(b)
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 article
are better served thereby.
(3)
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Town Board 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
Town Board 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 wireline 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:
(5)
Separation. The following separation requirements shall apply
to all towers for which a special use permit is required; provided,
however, that the Town Board may reduce the standard separation requirements
if the goals of this article 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 25,000 linear feet.
(6)
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 Town Board may
waive such requirements as it deems appropriate.
(7)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required; provided,
however, that the Town Board may waive such requirements if the goals
of this article 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 evergreen 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 shall be required on topsoil berms to assure
plant survival. Plant height in these cases shall include the height
of any berm.
[Amended 6-7-2016 by L.L.
No. 18-2016]
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived by the Town Board.
(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.
[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.