Town of Marion, NY
Wayne County
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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:
ACCESSORY FACILITY OR STRUCTURE
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.
ANTENNA
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.
COMMUNICATION INSTALLATIONS
Includes all towers, bases, accessory buildings and equipment necessary to complete the communication process located on one lot.
COMMUNICATION TOWER
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.
EAF
Environmental assessment form.
EPA
The Environmental Protection Agency.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
MICROWAVE
A method of providing telecommunications band width by means of a series of antennas, transmitters and reflectors on towers.
NIER
Non-Ionizing Electromagnetic Radiation.
SATELLITE ANTENNA
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.
SITE PLAN
A plan or plans of a lot, subdivision or proposed development that is prepared for site plan review pursuant to the provisions of Article VI of Chapter 245, Subdivision of Land, of the Code of the Town of Marion.[1]
SPECIAL USE
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.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data, and other information by wire, radio, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS TOWER
A structure on which one or more transmitting and/or receiving antennas is located.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
A. 
The repair and maintenance of existing communications towers and antennas.
B. 
Antennas used solely for residential household television and radio reception.
C. 
Lawful or approved uses existing prior to the effective date of this chapter.