This chapter shall be known and may be cited as the "Town of
Marion Communications Installations and Telecommunications Towers
Local Law."
The Town Board of the Town of Marion, Wayne County, New York,
acting under the authority of the Town Law of the State of New York,
hereby adopts and enacts this chapter as its Communications Installations
and Telecommunications Towers Local Law.
A.
The purposes of this chapter include the provision for communications
installations and telecommunications towers for the enjoyment and
convenience of the residents of the Town of Marion, while at the same
time providing for the maximum protection of the health, safety, and
aesthetic sensibilities of the residents.
B.
It is a further purpose of this chapter to prevent visual intrusion
of such communications installations, and telecommunications towers,
and to protect residents from unsafe structures and equipment; to
promote the health, safety, and general welfare of the residents of
the Town of Marion, to provide standards for the safe provision of
telecommunications consistent with applicable federal and state regulations,
and to protect the natural features and aesthetic characteristics
of the Town of Marion.
C.
The Town of Marion recognizes the increased demand for wireless communications
transmitting facilities, and the need for the services they provide.
Often, these facilities require the construction of communication
towers. The unaesthetic intrusion of large or high structures of unusual
shape or size, monolithically towering above standard-appearing homes
and structures, can be disturbing to visual sensitivities. Bulk and
visual impact of such installations create aesthetic problems making
it appropriate to have some special limitations as to size and placement
thereof. The intent of this chapter is to protect the Town's
interest in properly siting towers in a manner consistent with sound
land use planning, while also allowing wireless services providers
to meet their technological and service objectives.
D.
The proliferation of the construction and installation of communications
towers, and other similar equipment and devices, must be controlled
so as to protect the health, safety, and welfare of the citizens to
the maximum degree possible, to coordinate and control the same so
as to preserve and protect the aesthetic qualities of the Town of
Marion and its environs. Accordingly, this chapter is enacted to accomplish
this stated purpose, and the intent of this chapter is to provide
a means of controlling the installation and maintenance of such installations.
This chapter is furthermore intended to provide a safe way to maintain
the aesthetic character of and harmony within the Town of Marion.
E.
Among other things, reasonable controls contribute to the good appearance
of the Town, stabilize property values, assure the safety of the owner
and others, and, in general, contribute to the preservation of a pleasant
community in which to work and live.
F.
This chapter shall be construed and administered so as not to unduly
hamper reasonably satisfactory reception of satellite television signals.
G.
This chapter is intended to comply fully with the Federal Telecommunications
Act of 1996.
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 located on the same
lot as the communications tower, including utility or transmission
equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
Includes all towers, bases, accessory buildings and equipment
necessary to complete the communication process located on one lot.
A structure designed to support antennas or upon which one
or more antennas are located. It includes, without limitation, freestanding
towers, guyed towers, monopoles, and similar structures, with any
camouflage technology employed therewith. It is a structure intended
for transmitting and/or receiving radio, television, telephone, microwave
communications, or for telecommunication but excluding those used
either for fire, police and other dispatch communications, or exclusively
for residential radio and television reception and private citizens'
bands, amateur radio, and other similar communications.
Environmental assessment form.
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
A method of providing telecommunications band width by means
of a series of antennas, transmitters and reflectors on towers.
Non-Ionizing Electromagnetic Radiation.
Any parabolic dish, antenna, or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave, or other electronic signals,
waves, and/or communications from space satellites.
Such land use or activity that is not permitted as of right within a given zoning district, but which may be authorized subject to special standards and conditions of such use or activity after a special use application has been duly submitted, reviewed by the Town Planning Board, and a special use permit approved by the Zoning Board of Appeals in accordance with this chapter and Chapter 308, Zoning, Articles V, VI and IX, of the Code of the Town of Marion.
The transmission and reception of audio, video, data, and
other information by wire, radio, light, and other electronic or electromagnetic
systems.
A structure on which one or more transmitting and/or receiving
antennas is located.
A.
No communication tower, communication installation, transmission
tower, telecommunication tower, and/or structures accessory thereto
including antennas and/or poles, shall hereafter be used, erected,
moved, reconstructed, changed or altered, except after Town Planning
Board review and granting of a special use permit in accordance with
this chapter and other applicable laws of the Town of Marion.
B.
No existing structure shall be modified to serve or continue to serve
as a communication tower, communication installation, transmission
tower, telecommunication tower, and structures accessory thereto,
including antennas and/or poles, except after Town Planning Board
review and granting of a special use permit of the Zoning Board of
Appeals in accordance with this chapter and other applicable laws
of the Town of Marion.
The following are exempt from the application of this chapter:
