The purpose of these regulations is to promote the health, safety
and general welfare of the residents of the Town, to provide standards
for the safe provision of telecommunications facilities and antennas
consistent with applicable federal and state regulations, and to protect
the natural features and aesthetic character of the Town.
A.
Applicability. Telecommunications facilities shall be permitted upon
issuance of a special permit and site plan approval in the AR, MU,
CC, MED and PD Districts.
[Amended 8-11-2016 by L.L. No. 4-2016]
B.
Approval.
(1)
No telecommunications facility shall hereafter be used, erected, moved, reconstructed, changed or altered without first receiving a special use permit from the Planning Board, as outlined in Article XVI.
(2)
No existing structure shall be modified to serve as a telecommunications
facility unless in conformity with these regulations.
(3)
These regulations shall apply to all property within the Town
of LeRay.
(4)
Telecommunications facilities are prohibited in the R-1 District.
[Amended 8-11-2016 by L.L. No. 4-2016]
(5)
Telecommunications facilities in the CC District are allowed
on existing towers or buildings as co-locations. New telecommunications
facilities are prohibited in the CC District.
[Added 8-11-2016 by L.L.
No. 4-2016[1]]
(7)
Where these regulations conflict with other laws and regulations
of the Town of LeRay, the more restrictive shall apply, except for
tower height restrictions which are governed by these standards.
C.
Procedure for review.
(1)
An application for a special use permit and site plan review shall include the following requirements in addition to those requirements pursuant to Articles XVI and XX:
(a)
The exact location of the proposed telecommunications facility
with any tower guy wires and anchors.
(b)
The height of any proposed telecommunications facility tower.
(c)
The location, type and intensity of any lighting within or on
the facility.
(d)
Proof of the landowner's consent if the applicant does not own
the property.
(e)
The location, nature and extent of any proposed fencing, landscaping
and/or screening.
(f)
The location and nature of existing and proposed easements and
access roads, if applicable.
(g)
A side elevation or other sketch of the tower showing the proposed
antennas and elevation of any accessory structures.
(h)
The site plan shall bear the seal of a professional engineer
licensed to practice in New York State.
(i)
The location of all trees exceeding four inches in diameter
(measured at a height of four feet from the ground) and other significant
and/or unusual features of the site and on any other adjacent property
within 20 feet of the property line.
(2)
Supporting documentation.
(a)
All information prepared by the manufacturer of the antenna
and/or tower, including, but not limited to, the following:
[1]
Make and model of facility or tower to be erected.
[2]
Detail of facility or tower type.
[3]
Manufacturer's design data for installation instructions and
construction plans.
[4]
Applicant's proposed maintenance and inspection procedures and
records systems.
[5]
Anti-climb devices for the facility and any guy wires or other
supporting elements.
(b)
All applicants for a telecommunications facility shall submit
a long environmental assessment form (EAF) with visual addendum, and
an analysis demonstration that location of the telecommunications
facility as proposed is necessary to meet the frequency reuse and
spacing needs of the applicant's telecommunications system, and to
provide adequate service and coverage to the intended area.
(c)
The Planning Board may require submission of a more detailed
visual analysis based on the results of the visual EAF, such as:
(d)
The applicant shall provide a copy of his/her Federal Communications
Commission (FCC) license.
(e)
The applicant shall provide an engineer's report certifying
that any proposed shared use, as applicable, will not diminish the
structural integrity and safety of the existing tall structure or
existing or approved tower, and explaining what modification, if any,
will be required in order to certify to the above.
(f)
The applicant shall provide an engineer's report as to structural
capacity of the tower or other structure.
(g)
The applicant shall provide documentation on the proposed intent
and capacity of use as well as a justification for the height of any
tower or facility and justification for any vegetative clearing required.
(h)
All applicants applying for telecommunications facilities agree
to reimburse the Town for consultants and/or specialists to assist
in the applications.
(i)
All applicants must submit an engineer's certification that
transmission from his/her telecommunications facility is in compliance
with federal radio frequency emission standards and will not interfere
with existing signals, such as household television and radio, etc.
D.
Shared use.
(1)
At all times, shared use of existing towers shall be preferred
to the construction of new towers.
(2)
An applicant shall be required to present an adequate report
inventorying all existing tall structures and existing or approved
facilities or towers within a reasonable distance, as determined by
the Planning Board, of the proposed site.
(a)
The report shall outline opportunities for shared use of the
existing facilities as an alternative to a proposed new tower.
(b)
The report shall demonstrate good-faith efforts to secure shared
use from the owner of each existing tall structure and existing or
approved facility, as well as documentation of the physical, technical
and/or financial reasons why shared use is not practical in each case.
(c)
Written requests and responses for such shared use in lieu of
new construction shall be provided.
(3)
Where such shared use is unavailable, location of antenna on preexisting structures shall be considered, and the applicant shall submit a report pursuant to § 158-132D(2)(b).
(4)
An applicant intending to share use of an existing tower shall
be required to document intent from an existing tower owner to share
use. The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use.
E.
Design standards. In addition to the special use permit review process as provided in Article XVI, telecommunications facilities shall also be evaluated for compliance to the following standards:
(1)
Setbacks.
(a)
Towers and antennas shall comply with all existing setbacks
within the affected zone.
(b)
Additional setbacks may be required by the Planning Board to
contain on site all icefall or debris from tower failure and/or to
preserve privacy of adjoining residential and public property.
(c)
Setbacks shall apply to all tower parts, including guy wires
and anchors, and to any accessory facilities.
(d)
If the applicant can provide an engineer's report indicating
that the tower would, in the event of a collapse, fall onto itself,
then a smaller setback can be applied. If not, then the Planning Board
shall consider a setback of 125%.
(e)
If land is leased, then setbacks are measured from lease lines.
(2)
Visibility.
(a)
All towers and facilities shall be sited to have the least practical
adverse visual effect on the environment.
(b)
Facilities shall not be artificially lighted except to assure
human safety as required by the Federal Aviation Administration (FAA).
(c)
Towers shall be a galvanized finish or painted gray above the
surrounding tree line and painted gray, green or black below the surrounding
tree line unless other standards are required by the FAA.
(d)
All utilities shall be run underground from road to facility.
[Amended 8-11-2016 by L.L. No. 4-2016]
(e)
Towers should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements.
(f)
All towers and facilities shall maximize use of building materials,
colors and textures designed to blend with the natural surroundings.
(3)
Existing vegetation.
(a)
Existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in
diameter at breast height shall take place prior to approval of the
special permit use.
(b)
Clear cutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
(4)
Buffers and screening.
(a)
Deciduous or evergreen tree plantings shall be required to screen
portions of the tower from nearby residential property as well as
from public sites known to include important views or vistas.
(b)
Where the site abuts residential or public property, including
streets, the following vegetative screening shall be required:
[1]
For all facilities, at least one row of native evergreen shrubs
or trees capable of forming a contiguous hedge at least 10 feet in
height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities.
[2]
In the case of poor soil conditions, plantings may be required
on earthen berms to assure plant survival. Plant height in these cases
shall include the height of any berm.
(5)
Access and parking.
(a)
An access road and parking area shall be provided to assure
adequate emergency and service access.
(b)
Maximum use of existing roads, public or private, shall be made.
(c)
Road construction shall be consistent with standards for private
roads and shall at all times minimize ground disturbance and vegetation
cutting to within the toe of fill, the top of cuts, or no more than
10 feet beyond the edge of any pavement.
(d)
Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
(6)
Fencing. The telecommunications facility shall be adequately
enclosed by a fence, the design of which shall be approved by the
Planning Board.
F.
Operations.
(1)
All telecommunications facilities shall be maintained in operational
condition at all times, subject to reasonable maintenance and repair
outages. "Operational condition" includes meeting all permit conditions.
(2)
Should a telecommunications facility become inoperable, or should
any part of the facility be damaged, or should a facility violate
a permit condition, the owner or operator shall commence a remedy
to the situation within 60 days after written notice from the Zoning
Enforcement Officer and complete the remedy within an agreed-upon
schedule with the Town. The total period to remedy the situation may
not exceed 120 days.
G.
Bonding requirements.
(1)
Whenever any tower facility is constructed, the operator of
the tower facility shall obtain and keep in force:
(a)
A performance bond payable to the Town of LeRay to cover the
cost of removal of the tower facility. The performance bond shall
remain in force throughout the time that the tower is located on the
site. The amount of the bond shall equal 150% of the estimated costs
of removal, as determined by the Zoning Enforcement Officer, or $1,000,
whichever is greater.
(b)
When landscaping installation is required, a maintenance bond
or other financial guarantee acceptable to the Town shall be provided
in the amount of 150% of the value of the labor and materials. The
guarantee shall be in effect for two years from the date of planting.
H.
Abandonment.
(1)
At such time that a telecommunications facility is scheduled
to be abandoned or discontinued, the applicant will notify the Zoning
Enforcement Officer by certified United States mail of the proposed
date of abandonment or discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the owner shall
physically remove the telecommunications facility within 90 days from
the date of abandonment or discontinuation of use. This period may
be extended at the request of the owner and at the discretion of the
Zoning Enforcement Officer. "Physically remove" shall include but
not be limited to:
(a)
Removal of the facility and related above-grade structures.
(b)
Restoration of the location of the telecommunications facility
to its natural, predevelopment condition, including the removal of
at-grade pavements and the reestablishment of vegetation, except that
any landscaping, grading or below-grade foundation may remain in the
after-conditions.
(3)
In the event that an applicant fails to give such notice, the
facility shall be considered abandoned or discontinued if the system
is out of service for a continuous twelve-month period. After the
12 months of inoperability, the Zoning Enforcement Officer may issue
a notice of abandonment to the owner of the facility. The owner shall
have the right to respond to the notice of abandonment within 30 days
from notice receipt date.
(4)
The Zoning Enforcement Officer shall withdraw the notice of
abandonment and notify the owner that the notice has been withdrawn
if the owner provides reasons for the operational difficulty, provides
a reasonable timetable for corrective action, and demonstrates that
the facility has not been abandoned.
(5)
If the owner fails to respond to the notice of abandonment or
if after review by the Zoning Enforcement Officer it is determined
that the telecommunications facility has been abandoned or discontinued,
the owner of the facility shall remove all structures at the owner's
sole expense within 120 days of receipt of the notice of abandonment.
(6)
If the owner fails to physically remove the facility and all
structures after the notice of abandonment procedure, the Town shall
have the authority to enter the subject property and physically remove
facility components at the owner's sole expense.
I.
Violations; prior installations.
(1)
It is unlawful for any person to construct, install, or operate
a telecommunications facility that is not in compliance with this
chapter or with any condition contained in the special use permit
issued pursuant to this section.
(2)
Telecommunications facilities installed prior to the adoption
of this section are exempt.
J.
Penalties.
(1)
Any person owning, controlling or managing any building, structure
or land who shall undertake a telecommunications facility in violation
of this section or in noncompliance with the terms and conditions
of any permit issued pursuant to this section, or any order of the
enforcement officer, and any person who shall assist in so doing,
shall be guilty of an offense and shall be subject to a fine of not
more than $350 or to imprisonment for a period of not more than six
months, or to both such fine and imprisonment.
(2)
Every such person shall be deemed guilty of a separate offense
for each week such violation shall continue. The Town may institute
a civil proceeding to collect civil penalties up to $350 for each
violation, and each week said violation continues shall be deemed
a separate violation.
(3)
In addition to the penalties provided above, the Town Board
may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or
restrain by injunction the violation of this chapter. The violator
will be held responsible for all legal fees, engineering fees and
any other cost incurred by the Town in enforcing this chapter.
K.
Notification of landowners.
(1)
The applicant shall be required to mail notice of the public
hearing directly to all landowners whose property is located within
1,000 feet of the property line of the parcel on which a new telecommunications
facility is proposed.
[Amended 8-11-2016 by L.L. No. 4-2016]
(2)
Notice shall also be mailed to the administrator of any state
or federal parklands from which the proposed facility would be visible
if constructed.
(3)
Notification, in all cases, shall be made by certified mail.
(4)
Documentation of this notification shall be submitted to the
Board prior to the public hearing.
