[HISTORY: Adopted by the Lewiston Town Board 12-29-1997 by L.L. No.
4-1997[1] (Ch. 226 of the 1965 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 360.
[1]
Editor's Note: This local law also superseded former Ch. 22B,
Towers, adopted 9-12-1994 by L.L. No. 1-1994.
This chapter shall be known as and may be cited as the "Towers
Law of the Town of Lewiston." This chapter supersedes all laws or
ordinances or parts thereof ordinances adopted prior hereto which
are in conflict herewith to the extent of such conflict.
A.
The Town of Lewiston is primarily responsible for promoting the health,
safety and general welfare of its residents and the environmental
quality of its lands. This chapter is designed to preserve and protect
the quality of life and the quality of the environment within the
borders of the Town of Lewiston and to ensure that the health, safety
and general welfare continue to exist at the highest level and standards
which the Town's residents have consistently required and expect.
B.
Intent; applicability.
(1)
The Town of Lewiston recognizes the increased demand for wireless
communication transmitting facilities and the need for the services
they provide. Often, these facilities require the construction of
telecommunication towers, radio and television towers, wind energy
conversion tower arrays and/or similar facilities. The intent of this
chapter is to protect the Town's interest in properly siting communication
towers and/or similar facilities in accordance with approved plans
and in a manner consistent with sound land use planning by:
(a)
Minimizing adverse visual effects of towers and/or similar facilities
through careful design, siting and vegetative screening.
(b)
Avoiding potential damage to adjacent properties from tower
failure or falling debris through engineering and careful siting of
tower structures.
(c)
Maximizing the use of any existing tower or existing building
and/or structures to reduce the number of towers and/or similar facilities
needed.
C.
It is also recognized that the telecommunications industry, both
wired and wireless, is rapidly changing. For example, the new microcell
technology which eliminates the need for towers entirely. With this
in mind, the communications technology as understood when this chapter
was drafted will be periodically revised in order to maintain compliance
with the spirit and intent of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a communications tower and/or similar facility
and located on the same lot as the communications tower. Examples
of such structures include, but are not limited to, utility or transmission
equipment, storage sheds or cabinets.
Refer to the appendix; Federal Communications Commission,
Office of Engineering and Technology (OET), Bulletin No. 56, 3rd Edition,
January 1989.
Any 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.
A tower and/or antennas installation consisting of one or
more tower units and supporting ground system which functions as one
AM broadcasting antenna.
Any device or exterior-mounted apparatus mounted on a tower,
building, utility pole, light pole or other structure designed for
telephonic, radio, data, internet or television communications to
transmit or receive communications signals or electromotive waves
for the purpose of providing cellular services, telecommunications
services, personal communications services, personal wireless services,
wireless cable, commercial paging, data or wireless services and its
attendant base station, utilizing microcells or frequencies authorized
by the Federal Communications Commission.
Service provider seeking to establish a tower or facility
in the Town of Lewiston.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
The location on a communication tower of a designed feature
which, in the event of a tower failure, would result in the tower
falling entirely within the boundaries of the property on which it
is located.
Communications facilities which utilize existing buildings
and structures other than towers as defined in this section for supporting
antennas.
A tract or parcel of land that contains the personal wireless
service facilities, including any antenna, support structure, accessory
buildings and parking, and may include other uses associated with
and ancillary to personal wireless services.
Consists of the equipment and structures involved in receiving
telecommunication or radio signals from a mobile radio communications
source and transmitting those signals to a central switching computer
which connects the mobile unit with the land-based telephone lines.
Communications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and do not
require construction of a new tower, a significant modification to
an existing telecommunications facility or the construction of a new
antenna at a height in excess of any existing antennas located on
any such tower, building, or other structure.
Multiple use of preexisting towers by one or more telecommunications
companies, primarily to minimize proliferation of any additional new
towers.
A telecommunications, radio, television and/or similar service
provider.
An environmental impact study.
Electromagnetic field.
The Environmental Protection Agency.
The Federal Aviation Administration.
See "cellular telecommunications facility."
The radius around a tower within which all portions of the
tower and antenna(s) would fall, regardless of any claimed provisions
for the breakoff of a portion of such a tower, in the event of a structural
failure of the tower.
The Federal Communication Commission.
A particular privilege granted by a governmental body and
invested in an individual, group of individuals or corporation granting
a positive right to do something otherwise legally incompetent, such
as operating a telecommunications service facility.
When referring to a tower or other structure, the distance
from the finished grade of the parcel to the highest point on the
tower or other structure, including the base pad and any antenna.
A modification of the height, silhouette and/or ground area
of any telecommunications tower or telecommunication accessory structure
and/or the addition of a telecommunications antenna of a new provider
to an existing tower.
Nonionizing electromagnetic radiation.
The area where, in the event of a tower failure, the entire
height of the tower would fall completely within the boundaries of
the property in which it is located.
Commercial mobile services, unlicensed wireless service and
common carrier exchange access services.
Any persons, firms or corporations who or which supply personal
wireless telecommunication service, including all equipment apparatus,
facilities and devices used in the supply of personal wireless telecommunications
service.
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 constructed, so long as such approval is current and not
expired.
A study which demonstrates the existing signal coverage and
the signal coverage resulting from the proposed communications tower.
The area, overlaid on an appropriate background map, demonstrating
where the telecommunications tower and/or antenna needs to be located
in order to provide proper signal strength and coverage to the target
cell. It is typically prepared by a qualified radio frequency engineer.
Solar energy conversion systems; includes any device or devices
used to harness solar energy for conversion into electrical current
or battery storage.
The State Environmental Quality Review Act requiring an environmental
impact analysis of a proposed action.
TYPE I ACTIONAn action or class of actions identified as likely to have a significant impact on the environment, and an environmental impact study may be required.
TYPE II ACTIONAn action or class of actions found not to have a significant effect on the environment and therefore will not require preparation of an EIS.
UNLISTED ACTIONAll actions identified as exempt or excluded action and not a Type I or Type II action in the agency's own SEQRA procedures.
A use which is deemed allowable within a given zoning district
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions set forth for such
use subject to approval.
Any accessory facility, building or structure, including
base stations, serving or being used in conjunction with or sheltering
any telecommunication facility, equipment or tower.
Any antenna designed to transmit or receive communication
signals as authorized by the FCC or FAA or any other authorized agency.
Design examples of telecommunication antennas are described as follows:
whip, panel and dish. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communication systems
and microwave.
The building in which the electronic receiving and relay
equipment for a cellular telecommunications facility is housed.
Any structure greater than 35 feet in height, including an antenna,
that is designed and constructed primarily for the purpose of supporting
one or more antennas for telephone, radio, and similar communication
purposes, including self-supporting lattice towers, guyed towers or
monopole towers. The term includes radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone
towers, alternative tower structures and the like. The term includes
the structure and any support thereto.
GUYED TOWERA communications tower that is supported in whole or part by guy wires and ground anchors.
LATTICE TOWERA communications tower consisting of freestanding framework.
[Amended 9-23-2019 by L.L. No. 3-2019]
MONOPOLE TOWERA communication tower consisting of a single pole constructed without guy wires and ground anchors.
SELF-SUPPORTED TOWERA communication tower other than a monopole that is constructed without guy wires and ground anchors.
The term "telecommunication tower" shall not include amateur
radio operators' equipment as licensed by the FCC.
A lattice tower shall be permitted only if its sole purpose
is for public safety or emergency communication.
[Added 9-23-2019 by L.L. No. 3-2019]
Any structure greater than 35 feet in height including wind
energy conversion systems. (See "WEC" definition.)
A permit to facilitate the construction of a tower or telecommunications
facility pursuant to this chapter.
Real estate located in the Town of Lewiston, except any land
in incorporated village, which is owned, leased or otherwise controlled
by the Town of Lewiston.
Wind energy conversion systems, including but not limited
to any windmill or other wind-collection device or array used to harness
wind energy for conversion into electrical or mechanical energy.
A.
No communication towers and/or similar facilities will be permitted
unless a written application is made with the Town Board with copies
to the Building Inspector, Town Engineer and Town Clerk. In addition
to information provided on said application, the applicant shall also
conform to the following procedures:
(1)
Fees.
(a)
The basic application fee for the construction of a communication
tower/or similar facility, and an annual renewal fee therefor, shall
be set from time to time by resolution of the Town Board of the Town
of Lewiston. The application fee for any collocation, and the annual
renewal fee therefor, shall be set from time to time by resolution
of the Town Board of the Town of Lewiston. Permit fees are nonrefundable.
[Amended 8-27-2018 by L.L. No. 4-2018]
(b)
In addition to paying the basic fee:
[1]
Any applicant wishing to construct a new tower or antenna which
is in excess of 100 feet, or increase the height of an existing tower
in excess of 100 feet, shall pay to the Town an additional annual
fee, as set from time to time by resolution of the Town Board of the
Town of Lewiston.
[Amended 8-27-2018 by L.L. No. 4-2018]
[2]
Any applicant wishing to collocate on an existing tower or antenna
which is in excess of 100 feet, taking into account the height of
any existing tower, antenna or other structure or facility upon which
the newly proposed tower or antenna is constructed, shall pay to the
Town a fee, as set from time to time by resolution of the Town Board
of the Town of Lewiston.
[Amended 8-27-2018 by L.L. No. 4-2018]
[3]
The applicant is responsible for all reasonable costs incurred
by the Town of Lewiston, including but not limited to the employment
of consulting assistance in reviewing and analyzing any engineering
or technical reports or studies submitted by the applicant relative
to its application.
(2)
The application will include a description of what the communication
towers and/or similar facilities will be used for and the services
such a facility will provide, including a description of the applicant's
long-range plans which project market demand on long-range facility
expansion needs within the Town.
(3)
The company will furnish the Town Board a copy of the technical data
used to determine the tower/pole height and provide evidence to demonstrate
that the height requested for the proposed communication tower or
antenna is the minimum height necessary.
(4)
The applicant must submit a plan showing the approximate location
of all facilities the applicant has erected or collocated on, or plans
to erect or collocate on in the Town.
(5)
Prior to obtaining a building permit, the applicant must supply proof
of certified mail announcements to all other telecommunication providers
in the area declaring the applicant's sharing capabilities and/or
siting needs. Corresponding responses from all said telecommunication
providers shall be submitted with the application.
(6)
The applicant must demonstrate with formal, technical documentation
that the proposed communication tower and/or similar facility cannot
be accommodated on all existing sites in the inventory of existing
towers due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved telecommunication facilities or other structures,
considering existing and planned use for those facilities.
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment which cannot be reasonably
prevented.
(c)
Existing or approved telecommunication facilities or other structures
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably.
(d)
Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures.
(e)
The property owner or owner of the existing tower, etc., or
other structure refuses to allow such collocation. In such instance,
a notarized statement of refusal, signed by the landowner and/or tower
owner, must be provided by the company to the Town of Lewiston.
(7)
SEQRA action.
(a)
The Town of Lewiston Environmental Commission will rule on all
SEQRA actions. It is expected that unlisted SEQRA action will be required
on the following applications:
(b)
Type I SEQRA action will be required in R1A, R1B, R1C, R1D,
R1E, R2, RR, CH, PD and 111 Zoning Districts in the Town of Lewiston.
(8)
The applicant must furnish the following data regarding collocation
and the proposed tower and demonstrate that they have fully and in
good faith considered collocation on an existing communications tower,
building, or other structure as an alternative to a new site to consolidate
visual disturbances. Such a good faith effort shall be demonstrated
by showing that such collocation is technologically unfeasible and
backed with formal documentation. However, such request shall not
unreasonably delay the application.
B.
Collocation considerations.
(1)
The applicant must submit a copy of its policy regarding collocation
on any proposed communication towers and/or similar facilities with
other potential future applicants. Such policy should at a minimum
allow:
(a)
The party desiring to collocate has a similar policy for collocation
for the applicant.
(b)
The new antenna(s) and equipment do not exceed structural loading
requirements and meet structural safety limitations.
(c)
The new antenna(s) and equipment do not interfere with tower
space used, or to be used, by the applicant.
(d)
The new antenna(s) and equipment do not pose any technical or
radio frequency interference with existing equipment.
(e)
The applicant must identify its policy for municipal communication
need such as police, fire, EMS and other municipal needs.
(f)
The new antenna(s) and equipment must meet all permit requirements.
(2)
The applicant will describe the type of backhaul network, if any,
to be utilized to connect communication facilities to one another,
as well as provide a description of the backhaul network, identifying
the entity providing the service to the communication tower and/or
similar facility and describing the location of the lines providing
such service. Such description shall include information sufficient
for the Town of Lewiston to determine whether any portion of the backhaul
network is within the Town's right-of-way and describing where the
lines providing service to the communication tower and/or similar
facility cross the Town's right-of-way.
(3)
The applicant shall provide a structural analysis verifying the ability
of the communication tower, building or structure to handle the antenna.
C.
Equipment cabinets or structure usage.
(1)
Equipment cabinets or structures used in association with antennas
mounted on structures or rooftops shall comply with the following:
(a)
The cabinet or structure shall not contain more than 300 square
feet of gross floor area or no more than 12 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 300 square feet
of gross floor area or 12 feet in height, pursuant to an area variance
granted by the Zoning Board of Appeals of the Town of Lewiston, shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 25% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
The equipment cabinet or structure used in association with antennas
mounted on utility poles or light poles shall be located in accordance
with the following:
(a)
In residential districts, the equipment cabinet or structure
may be located:
[1]
In a side yard, provided that the cabinet or structure is no
greater than three feet in height or 16 square feet of gross floor
area and the cabinet/structure is located in a minimum of two feet
from all lot lines. The cabinet/structure shall be screened with a
forty-two-inch evergreen hedge with an ultimate height of at least
42 to 48 inches and a planted height of at least 36 inches.
[2]
In a rear yard, provided that the cabinet/structure is no greater
than 12 feet in height or 140 square feet in gross floor area. The
cabinet/structure shall be screened by an evergreen hedge with an
ultimate height of at least six feet and a planted height of at least
36 inches.
(b)
In all other zoning districts, the equipment cabinet/structure
shall be no greater than 12 feet in height or 300 square feet in gross
floor area. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of at least six feet. In all other instances,
structures/cabinets shall be screened from view of all residential
properties which abut or are directly across the street from the structure/cabinet
by an evergreen hedge with an ultimate height of eight feet and a
planted height of at least 36 inches or by a solid fence six feet
in height if a hedge is not suitable.
D.
Special conditions/restrictions. The applicant must supply or assure
the following:
(1)
The applicant must supply evidence that the property owner is aware
of a commensurate reassessment of land value.
(2)
The Town Code Enforcement Officer or his/her designee shall be granted
access to the tower site at reasonable times for the purpose of making
inspections to determine that the facility complies with the conditions
and restrictions of the special permit and other provisions of the
ordinances of the Town.
(3)
Communications antennas of the Town shall be permitted to be installed
on the pole/tower by the company at the company's expense.
(4)
The project will not create any measurable increase in traffic. The
project requires only occasional routine maintenance after construction.
(5)
No water or sewer services will need to be extended to the site to
service the project. The project will not affect existing patterns
of population concentration, distribution or growth.
(6)
The project will not create any adverse change in existing air quality,
water quality or noise levels. Noise-producing equipment shall be
sited and/or insulated to minimize noise impacts on adjacent properties.
The project will not create any adverse change in existing solid waste
production nor potential for erosion, nor promote flooding or drainage
problems. The project will produce minimal disturbance of soil and
vegetation, with minimal stormwater run-off.
(7)
Any addition to the original tower/pole or equipment shelter shall
require a new application from the Town Planning Board. Furthermore,
should the tower collapse, it may not be replaced without prior approval
by the Town Planning and Zoning Board.
(8)
Any structure to be erected on the premises in addition to the communication
tower/pole and equipment shelter shall require Town permit.
(9)
Only excess soil may be removed from the site. Upon completion of
site work, the Town Building Inspector will inspect the site and issue
a certificate of compliance.
(10)
The company will send courtesy letters to the local Air Force
Reserve and Air National Guard flying units at the Niagara Falls International
Airport notifying them of the tower/pole construction. A similar letter
will be addressed to the Niagara Frontier Transportation Authority.
Copies of all correspondence will be sent to the Town Building Department.
(11)
When the applicant files its annual request for renewal of the
permit, the applicant shall provide a copy of the most recent annual
inspection report documenting required annual inspection by the company's
designated personnel. Said report shall be provided to the Town Code
Enforcement Officer.
(12)
The applicant shall make space and power available for two public
safety antennas on the tower and suitable space not to exceed two
feet by two feet within the accessory building for necessary receiver/repeater
equipment, should it ever be needed. Said equipment shall not interfere
with existing operations.
(13)
The applicant shall notify the Town of Lewiston at the same
time he notifies the FCC of the decommission of the site.[1]
[1]
Editor's Note: Original Subsection D(13), which provided a listing of Town officers and departments receiving cell phone services free of charge, was repealed 4-14-1998 by L.L. No. 1-1998. This local law also provided for the renumbering of former Subsection D(14) through D(17) as D(13) through D(16), respectively.
(14)
A communication tower and/or similar facility will not be permitted
in state or federally regulated wetlands.
(15)
No communications tower and/or similar facility shall be permitted
in Bond's Lake Park or anywhere along the escarpment between the forty-foot
to sixty-foot elevations as shown on the Topographic Landplan contained
in the Town of Lewiston Natural Processes Report, dated March 3, 1976.
Above the six-hundred-foot elevation level, an escarpment setback
is required with a ratio of 100 to 1, setback distance to tower height.
(16)
No communications towers and/or similar facilities shall be
permitted within visual obstruction of or which interfere with or
detract from designated historical districts, historical landmarks
or historical sites and features such as particularly attractive views
as shown on the Site and Historical Features Landplan also continued
in the above referenced Natural Processes report.
E.
Franchises.
(1)
Owners and/or operators, lessors and/or collocators of telecommunications,
television, radio, wind energy conversion and/or similar facilities
shall certify that all franchises and licenses required by law by
any governmental entity, including the Town of Lewiston, now or in
the future, for the construction and/or operation of a wireless communication
system in the Town of Lewiston have been obtained and shall file a
copy of all required franchises and licenses with the supervising
Building Inspector.
(2)
An annual statement of gross operating revenue, resulting from operation
of the franchise in the Town of Lewiston, shall be filed with the
Town. A franchise use tax of 3% of this gross operating revenue (or
such other percent as may be determined by the Town Board) shall be
paid to the Town of Lewiston if such franchise operation is conducted
in whole or in part on any Town of Lewiston rights-of-way.
F.
Sale, lease or sublease of telecommunication facilities.
(1)
Preexisting towers which do not conform to this chapter shall not
be granted a transferable permit unless they are brought up to code.
(2)
No applicant will lease or sublease any approved communication towers
and/or similar facilities without the Town's written consent which
will not be unreasonably withheld.
(3)
Any lease or sublease between the applicant and the landowner shall
be subject to review and approval of the Town Board to ensure that
it is consistent with this chapter.
(4)
An annual use tax of 10% of the revenue generated by leasing or subleasing
will be paid to the Town of Lewiston.
(5)
Any lessor of real property for communication towers and/or similar
facilities, and any holder of a special use permit for such a facility,
is obligated to respond to an inquiry from the Town Board concerning
the availability of the site for collocation.
(6)
The applicant must submit a letter of intent stating whether the
applicant intends to lease excess space on the facility to other potential
users at reasonable rental rates and on reasonable terms. The Planning
Board, followed by the Town Board, may modify this condition if the
facility is attached to an existing structure. The letter shall require
the facility owner and successors in interest to do the following:
(a)
Respond in a timely, comprehensive manner to a request for information.
(b)
Negotiate in good faith for shared use by third parties.
(c)
Allow shared use if, an applicant agrees, in writing to pay
reasonable rental charges or other consideration and to pay all costs
of adapting the facility or existing users' equipment to accommodate
a shared user without causing uneconomically correctable electromagnetic
interference or causing electromagnetic radiation in excess of levels
set by federal regulations and can otherwise agree on reasonable business
terms and conditions for shared use of the facility.
(d)
Respond to inquiries for shared use with the information required
herein.
(7)
All lessees, sublessees or operators of communication towers and/or
similar facilities, other than the applicant, who use or operate any
approved facilities shall, as a condition of said use, agree, in writing,
to be bound by the provisions of any existing tower permit and site
plan approval.
G.
Application materials.
(1)
The following application materials are supplied to the applicant
by the Town of Lewiston:
(a)
A tower permit application form (special use application form
required for towers over 100 feet).
(b)
An environmental assessment form (long form).
(c)
A visual environmental assessment form (Appendix to SEQR, 6
NYCRR Part 617). The applicant will include a landscaping plan with
attention to visibility from key viewpoints.
(d)
A site plan review application form (must meet all visual impact
requirements). (See visual impact requirements.)
(2)
The site plan, in the form and content acceptable to the Town, prepared
to a scale of one inch equals 50 feet and in sufficient detail and
accuracy, will show at a minimum:
(a)
The exact location of the proposed communication tower and/or
similar facility (if necessary, location of guy wires and guy anchors),
including surveyed boundaries of the leased or owned property upon
which the communication tower and/or similar facility is located.
(b)
Construction drawings showing the details of the proposed communication
tower and/or similar facility.
(c)
The location of all structures on the property and all structures
on any adjacent property within 100 feet of the property lines, together
with the distance of these structures to the tower and the distance
of the tower from all property lines and public roads or rights-of-way.
(d)
Proof of the landowner's consent if the applicant does not own
or will not own the property, together with a copy of the lease agreement.
(e)
The maximum height of the proposed communication tower and/or
similar facility.
(f)
The location, type and intensity of the lighting located on
the tower. (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 FAA. Any
lighting which may be required by the FAA shall not consist of strobe
lights, unless specifically mandated by the FAA.)
(g)
The location, nature and extent of any proposed fencing, landscaping,
screening and buffering to be constructed around or in conjunction
with the communication tower and/or similar facility to the tower.
(h)
The location and nature of proposed utility easements and access
road(s).
(i)
The building elevation of accessory structures or facilities
or utility service facilities.
(j)
The location and nature of any power generators existing or
to be constructed in connection with a proposed communication tower
and/or similar facility.
(k)
All other uses ancillary to the antenna and associated equipment
(including but not limited to a business office, maintenance depot,
vehicle storage, etc.) are prohibited from the site unless otherwise
permitted in the zoning district in which the communication tower
and/or similar facility is located.
(l)
An inventory of the company's existing communication towers
and/or similar facilities and sites approved for communication towers
and/or similar facilities that are within the jurisdiction of the
Town of Lewiston and within one mile of the border thereof, including
detailed information about the location, height and design of each
communication tower and/or similar facility.
(m)
The names and mailing addresses of all landowners who own land
adjacent to the property upon which the tower will be placed as well
as those nonadjacent landowners who own land within the one-hundred-percent
clear zone.
(n)
A search ring prepared by a qualified radio frequency engineer
and overlaid on an appropriate background map demonstrating the area
within which the communication tower and/or similar facility needs
to be located in order to provide proper signal strength and coverage
to the target cell. The applicant must be prepared to explain to the
Planning Board why it selected the proposed site, discuss the availability
or lack of availability of suitable existing structures within the
search ring which would have allowed for collocated antenna(s) and
to what extent the applicant explored locating the proposed tower
in a nonresidential use district.
(o)
Provide technical information, documentation and data to show
what efforts have been made to establish grid systems identical, or
similar technology, that may preexist within the Town of Lewiston,
or may already be operating within the Town of Lewiston.
(p)
The applicant will provide a certified statement prepared by
a licensed professional engineer stating the proposed communication
tower and/or similar facility will have no adverse impact on air or
surface traffic within 1/2 mile of the tower.
(q)
The applicant will provide a certified statement prepared by
a licensed professional engineer stating the reception and/or transmission
functions of the communication tower and/or similar facility as well
as the communication tower and/or similar facility itself will not
interfere with the usual and customary transmission or reception of
radio, television, etc., services of adjacent properties.
(r)
The applicant will provide an initial propagation study prepared
by a licensed professional engineer.
(s)
The applicant will provide engineering data for wind resistance
and proof that the proposed communications tower and/or similar facility
is adequately suited to withstand prevailing and/or seasonal high
winds.
(t)
The applicant will provide the Building Inspector and the Town
Engineer with the name or names of the contact person, locally or
nearby offices, of the applicant for emergency contact.
A.
Review of application.
(1)
The application will be reviewed and analyzed at the applicant's
expense by the following:
(a)
The Town of Lewiston Building Inspector/Zoning Review.
(b)
The Town of Lewiston Engineer.
(c)
The Town of Lewiston Environmental Officer.
(d)
The Town of Lewiston Attorney.
(e)
The Town of Lewiston Planning Board.
(f)
The Town of Lewiston Town Board.
(g)
The Environmental Commission.
(h)
This Historical Preservation Committee.
(i)
An independent, third-party review by an appropriately competent
New-York-State-licensed engineer(s), as may be retained by the Town
of Lewiston.
(2)
Should application uncertainties warrant a third-party review, this
review will be conducted at the applicant's expense. That part of
any application which does not meet the area or measurement restrictions
or regulations of this chapter or code will be referred to the Town
Board.
B.
After construction of a communication tower and/or similar facility,
the owner, at his expense, shall provide proof of inspection of the
facility for structural integrity every two years (unless otherwise
preempted by federal or state law).
(1)
A copy of the report shall be promptly delivered to the Town Building
Inspector. The structural inspection shall be performed by a New-York-State-licensed
professional engineer specializing in structural engineering. The
structural inspection report shall describe the structural integrity
of the facility, maintenance issues and repairs needed or made, if
any.
(2)
In the event that the structural inspections indicate structural
deficiencies, the deficiencies must be remedied within the time reasonably
set by the Building Inspector. Upon the applicant's failure to do
so, the permit may be revoked.
C.
Alternate site.
(1)
If, during a Town review of a selected site, the applicant chooses
an alternative site, the applicant will also conform with the following:
(a)
Application fees mentioned will also be required for the final
selected site to cover the Town's costs involved in a review of said
final selected site.
(b)
Any request by the Town for information or technical analysis
on a preferred alternate site shall be provided by the applicant at
the applicant's expense and shall not unreasonably delay the application.
(2)
In the event that an alternate site is requested by the Town Board
to better fit the community, any additional application fees will
be waived.
D.
Upon referral by the Environmental Commission, a proposed communication
tower and/or similar facility application is approved by the Town
Board, the applicant shall obtain a building permit within six months
of the approval and the project shall be completed within six months
of issuance of the building permit.
E.
All communication towers and/or similar facilities shall be constructed
in accordance with all applicable laws, rules and regulations and
maintained in good order and repair.
F.
The applicant must comply with all applicable state and federal regulations.
G.
Security bond, continued maintenance and removal procedures are as
follows:
(1)
The applicant, at the time of obtaining a building permit, must provide
a financial security bond for the construction, maintenance and dismantling
of the facility with the Town of Lewiston as assignee, in an amount
to be determined by the Town Engineer and subject to renewal at five-year
intervals.
[Amended 4-14-1998 by L.L. No. 1-1998]
(2)
The applicant shall further agree to continually renew the bond through
the lifetime of the communication tower and/or similar facility. The
sufficiency of the tower removal bond shall be confirmed at least
every five years by an analysis of the cost of removal and property
restoration performed by a New York State licensed professional engineer,
retained by the facility owner and/or operator(s). The results of
such analysis shall be communicated to the Town Building Inspector.
If the bond amount in force is insufficient to cover the costs of
removal of the tower, etc., it shall be immediately increased to cover
such amount.
(3)
The communication tower, antenna(e), support system and surrounding
grounds shall be kept neat and in an orderly condition. It shall be
the affirmative duty of the applicant, its successor, assignee, grantee
or transferee to make all repairs and maintenance necessary to make
the telecommunications facilities and surroundings safe, secure and
visually compliant with the Code and the Town Board's conditions and
terms of approval, subjected to the Town's Building Inspector.
(4)
The applicant shall be required to sign an agreement with the Town
of Lewiston whereby the applicant agrees to remove communication tower
and/or similar facility accessory structures and other improvements
if the communication tower and/or similar facility becomes technically
obsolete or ceases to be used for its original intended purpose for
twelve consecutive months.
A.
The applicant will conduct a visual impact study which provides the
following:
(1)
Realistic graphic views to scale from 1,500 feet away from the north,
south, east and west and all natural and man-made features and structures
within those views, including the proposed communication tower and/or
similar facility and other improvements to be made.
(2)
A statement as to the potential visual and aesthetic impacts of the
proposed tower on all adjacent residential zoning districts.
B.
The visual impact analysis shall be prepared and sealed by an engineer
or landscape architect registered in the State of New York.
C.
Careful design, siting, landscaping and screening are required. Innovative
camouflaging techniques will be required where feasible.
D.
The Lewiston Town Board may express a preference that the proposed
communication tower and/or similar facility be located in a higher
intensity use district or on higher intensity use property, provided
that there is a technologically feasible and available location. A
guideline for the Lewiston Town Board's preference, from most favorable
to least favorable districts/property, is as follows:
(1)
Property with existing structure suitable for collocation.
(2)
Municipal- or government-owned property.
(3)
Property located in the B (Business) District.
(4)
Property located in the I12 Zone (Industrial) District.
(5)
Property located in the I11 Zone (Industrial with housing permitted)
District.
(6)
Property located in the RR1 Zone (Rural Residential) district.
(7)
Property located in the PD Zone (Planned Development) District.
(8)
Property located in the R2 Zone (two-family) district.
(9)
Property located in the R1S Zone (one-family special) District.
(10)
Property located in the R1, R1A, R1B, R1C, R1D or R1E Zone Districts.
E.
The facility shall be separated from residential dwellings by a distance
of 500 feet. The Town Board may modify this condition if the communication
tower and/or similar facility is attached to an existing structure,
or if an easement or other agreement with the concerned property owners
has been reached, or for other satisfactory reasons.
F.
Any communication tower and/or similar facility shall be constructed
and designed to have the least practical visual impact on the area
within reasonable proximity to the tower, antenna(s) or accessory
facility. In order to minimize any adverse aesthetic effect on neighboring
residences to the extent possible, the Planning Board and/or the Town
Board may impose reasonable restrictions and/or conditions on the
applicant, including but not limited to the following:
(1)
Height. Determining adverse impact upon the community will be best
mitigated by requiring the applicant to construct multiple towers
of lower height at several different locations to meet the applicant's
demonstrated service coverage requirement(s). Tower height will be
reduced in the future if the applicant is unable to demonstrate a
continuing need for the approved height in light of changes in the
applicant's service coverage needs or technological advances.
(2)
Design. The Board may require a monopole or guyed tower (if sufficient
land is available to the applicant) instead of a freestanding tower.
Lattice towers are not permitted. Monopoles are a preferred design.
(3)
Lighting. Communication towers and/or similar facilities should be
designed and sited so as to avoid, whenever possible, application
of FAA lighting and painting requirements. Communication towers and/or
similar facilities shall be of a nonreflective finish; color subject
to Board approval, unless otherwise required by the FAA or the Town.
Any lights which may be required by the FAA or the Town shall not
consist of strobe lights unless specifically mandated by the FAA.
The Town may require lights to be shielded to minimize ground visual
impact.
(4)
Color. Towers shall be galvanized finish unless otherwise required
by the FAA. The Town Board may require a pattern of colors depending
on the proposed location and its visual impact.
(5)
Advertising. No tower shall contain any signs or advertising devices.
(6)
Landscaping. The following requirements shall govern the landscaping
surrounding communication towers and/or similar facilities for which
a special use permit is required:
(a)
Communication towers and/or similar facilities shall be landscaped
with a buffer of plant material that effectively screens the view
of the tower compound from property used for residences. The standard
buffer shall consist of two lines of evergreen trees having a minimum
height of six feet each planted 10 feet apart. The first such line
will be located 10 feet outside any required fence around a permitted
tower and if applicable, around the fencing at the base of the guyed
wires. The second row of evergreens will be located 25 feet outside
the above mentioned fence, with the spacing staggered from the first
row such that the trees will appear from a distance to be five feet
apart.
(b)
The Town Board may require additional trees to be planted in
those yards of residents directly impacted by the visual aspect of
the communication towers and/or similar facilities.
(c)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(d)
The Town Board may also require additional off-site mitigation
to alleviate problems created by the tower and/or similar facility
(i.e., noise, traffic dust from access roads, etc.). Any such mitigation
costs will be the responsibility of the telecommunications company.
(e)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as communication towers and/or similar facilities sited on large,
wooded lots, natural growth around the property perimeter may be a
sufficient buffer. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
four inches in diameter (measured at the height of four feet off the
ground) shall take place prior to approval of the special permit use.
Clearcutting of all trees in a single contiguous area exceeding 20,000
square feet is prohibited.
(f)
Required landscaping around communication towers and/or similar
facilities shall be maintained at all times. Dead trees shall be replaced
within 90 days with similar sized trees, regardless of height, if
possible. Property shall be mowed regularly to a height of six inches
or less twice per month during the growing season in conformance with
the surrounding area.
G.
Under no circumstance shall new communication towers and/or similar
facilities be permitted in designated conservation areas unless they
are to be collocated on existing tower facilities.
A.
State and federal requirements. All telecommunication towers, radio
and television towers, wind energy conversion towers and arrays and/or
similar facilities must meet or exceed current standards and regulations
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the communication towers and/or similar facilities
governed by this chapter shall bring such communication towers and/or
similar facilities into compliance with such revised standards and
regulations within six months of the effective date of such standards
and regulations, unless a different compliance schedule is mandated
by the controlling state or federal agency. Failure to bring communication
towers and/or similar facilities into compliance with such revised
standards and regulations shall constitute grounds for the removal
of the communication towers and/or similar facilities at the owner's
expense.
B.
Radio frequencies and monitoring effects.
(1)
The Planning Board and/or Town Board shall impose a condition on
the applicant that the communication tower and/or similar facility
will be operated only at Federal Communication Commission (FCC) designated
frequencies and power levels and/or Environmental Protection Agency
(EPA) technical exposure limits and may periodically require that
the applicant provide competent documentation by maintaining, at a
minimum, a log of power output, receiver sensitivity and other such
pertinent data to support that maximum allowable frequencies, power
levels, frequency drift and exposure limits for radiation will not
be exceeded. Unless otherwise preempted by federal or state law, the
communication towers and/or similar facilities shall be inspected
every two years at the applicant's expense for radio emissions. A
report showing proof of compliance with FCC and FAA regulations, NIER
levels and EMF standards shall be promptly delivered to the Town Building
Inspector.
(2)
Radio emission inspection shall be performed by a New-York-State-licensed
professional engineer specializing in electrical engineering with
expertise in radio communication facilities or equivalent. The radio
emission inspection shall describe the power density levels of the
electromagnetic energy generated from the facility, including cumulative
effects of collocated communication towers and/or similar facilities.
In the event that the radio emission inspection indicates that the
electromagnetic energy generated from the facility is above allowable
limits stated within applicable FCC or ANSI standards or other applicable
federal or state guidelines in effect at the time of the inspection,
the applicant shall have 90 days in which to come into compliance
until such time as it proves to the satisfaction of the Town Building
Inspector that the power density levels of the electromagnetic energy
to be generated at the facility is below the applicable standards.
(3)
The New-York-State-licensed professional engineer will prepare a
report and convey his findings to the Town Building Inspector.
(4)
Before and after propagation studies will be prepared by a qualified
radio frequency engineer demonstrating existing signal coverage, contrasted
with the proposed signal coverage resulting from the proposed communication
tower and/or similar facility.
(5)
Upon request of the Town of Lewiston, but not more frequently than
once per year, any person issued a permit shall submit an updated
safety analysis to ensure that the electromagnetic radiation exposure
and emissions surrounding the site do not exceed applicable federal
standards and continue to meet such standards. Such analysis shall
be prepared by a qualified electromagnetic engineering specialist
or health professional qualified to conduct such an analysis.
A.
The Board may require appropriate signage placed at the base of the
facility indicating ownership of the facility and phone numbers to
call in case of emergency.
B.
A well constructed masonry or stone wall or chain link fence, not
less than eight feet in height from finished grade, shall be provided
around each antenna and/or tower and shall also be equipped with an
anticlimbing device to prevent unauthorized access and vandalism.
There shall be no permanent climbing pegs within 30 feet of the ground
on any tower.
C.
No barbed wire shall be used in residential areas.
D.
Access to the tower shall be through a locked gate, design to be
approved by the Town of Lewiston Building Inspector and Town Engineer.
E.
The Town Board and/or Planning Board shall have the authority to
impose such other reasonable conditions and restrictions as are directly
related to and incidental to the health, safety and general welfare
of the citizens of the Town of Lewiston regarding the location, construction,
maintenance, design and removal of a proposed communication tower
and/or similar facility and its special use or site plan.
A.
Restoration of improvements; maintenance.
(1)
Upon completion of any construction work the applicant shall promptly
repair any and all public improvements, fixtures, structures and facilities
in the public ways damaged during the course of construction, restoring
the same as nearly as practicable to its condition before the start
of construction.
(2)
An access road and parking shall be provided to assure adequate emergency
and service access. Road construction shall be a good, solid base
with a crushed stone, high-quality erosion-resistant surface and of
such width as is determined by the Planning Board. There shall be
at least one parking space available (subject to Town of Lewiston
Highway Superintendent approval).
(3)
The vehicular access to the equipment building and tower shall be
provided and maintained by the applicant. A road turnaround and one
parking space of sufficient width and thickness shall be provided
to assure adequate space for emergency vehicles.
B.
Exemptions. The following telecommunication facilities are exempted
from this chapter:
(1)
Fire, police and other emergency dispatch services where telecommunication
facilities are less than 50 feet above the ground, if originating
from the ground, or are less than 25 feet above the average roof line,
if originating from the roof of a building.
(2)
Nonbusiness wind energy conversion systems, television or radio reception,
private citizens' bands, amateur radio, and other similar communication
systems which do not exceed 50 feet above the ground, if originating
on the ground, or which do not exceed 25 feet from the average roof
line, if originating on the roof.
(3)
"Nonbusiness" means a use for which money, property or something
of value is not charged, earned or received by the owner, operator,
lessee or person(s) in control of the telecommunication facility.
C.
Penalties for offenses.
(1)
This chapter is adopted pursuant to the zoning and planning powers
granted to the Town under applicable law. In the event of any violation
of this chapter or any permit(s) issued thereunder, the Town may seek
enforcement under any available authority.
(2)
Any facility receiving a tower special permit or site plan approval
that subsequently does not meet the requirements and/or conditions
of that permit or approval shall have its permit or approval revoked,
and the tower and other facilities shall be removed within 90 days
of notification by the Town.
(3)
The Planning Board shall have the authority to impose such other
reasonable conditions and restrictions as are directly related to
and incidental to the health, safety and general welfare of the citizens
of the Town of Lewiston regarding the location, construction, maintenance,
design and removal of a proposed communication tower and its special
use or site plan.
(4)
The Zoning Board may waive or vary any requirements in this chapter
for good cause shown.
D.
Severability. If any section(s), subsections, clause(s), phrase(s)
or portion(s) of this chapter is (are) for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion(s)
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
E.
Further, this chapter supersedes all laws or ordinances or parts
thereof of ordinances prior hereto which are in conflict wherewith
to the extent of such conflict.
F.
This chapter shall take effect immediately.
