No commercial mobile service facility shall hereafter be located, constructed, erected, changed, altered, used or added to except in conformity with the following provisions.
A. 
While the federal government has regulated the commercial mobile industry, it has reserved to local governments the power to regulate uses with regard to placement, construction and other issues.
B. 
Local governments may not exclude such uses or unreasonably discriminate among providers of functionally equivalent services.
C. 
According to federal law, local governments may not regulate such uses on the basis of radio frequency radiation (RFR).
D. 
The technology underlying commercial mobile service requires that transmitting facilities be located in proximity to one another, as low-frequency signals are passed from one service cell to another, in relay fashion.
E. 
The Town has an interest in minimizing the number of towers that are located within its borders.
F. 
The installation of tower structures can have an aesthetically detrimental impact upon surrounding properties, especially in residential areas.
G. 
In many cases, antennas mounted on existing structures can provide commercial mobile service with minimal or no aesthetic impacts upon neighboring uses.
H. 
Where the construction of new towers is necessary in order to provide commercial mobile services, often it is possible to house more than one such provider on a given structure, thus reducing the proliferation of new tower construction.
The Town acknowledges the need, demand and national policy supporting the availability of commercial mobile services to the public. At the same time, the Town recognizes the valid concerns and interests its residents have in the aesthetic enjoyment of their homes and properties. The purpose of these provisions relating to commercial mobile services is to encourage the location of commercial mobile service towers, to the extent they are needed, in nonresidential areas of the Town, to encourage the shared use of existing and new towers as a means of reducing the overall need for towers in the Town, to minimize the adverse impacts of commercial mobile service facilities located in the Town and to balance the sometimes competing needs of such uses and their neighbors while at the same time accommodating the public interest in and demand for such services.
A. 
Antennas and accessory equipment related thereto, other than towers, are permitted in all use districts in the Town, provided they are placed on existing structures, 30 feet or more in height, other than one-family and two-family dwellings, subject to the following:
(1) 
Located in nonresidential zoning districts and 20 feet in antenna height, or less: site plan approval.
(2) 
Located in nonresidential districts and in excess of 20 feet in antenna height: special use permit.
(3) 
Located in residential districts: special use permit.
B. 
Towers and accessory equipment related thereto are permitted only in Business (B), Industrial (I) and Commercial Planned Development (CPD) Districts, subject to the following:
(1) 
Towers, 150 feet in height or less: site plan approval.
(2) 
Towers, over 150 feet in height in height, but not greater than 200 feet in height: special use permit.
C. 
Commercial mobile service antennas or towers, other than those specifically allowed under this § 249-6, are not permitted in the Town of LaFayette.
A. 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such lot and building requirements, the dimensions of the entire lot shall control, even though such antenna or tower may be located on leased parcels within such lots.
B. 
Nonconforming uses. Towers that are constructed and antennas that are installed in accordance with these provisions shall not be deemed to constitute the expansion of a nonconforming use or structure.
C. 
Compliance with other laws. All commercial mobile service facilities must meet or exceed all applicable federal, state and local laws, rules and regulations, including, but not limited to, any rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended, at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations within six months of the effective date of such changes or amendments, unless a more restrictive compliance schedule is mandated by the controlling agency.
D. 
Compliance with building codes. The owner of any commercial mobile service facility shall locate, construct, erect, use and maintain such facility in accordance with all applicable building codes.
E. 
Height restrictions. The building height restrictions otherwise applicable in the zoning use district in which a commercial mobile service facility is located shall not apply to facilities approved in accordance with these regulations. When measuring structure height in connection with antennas on existing structures, height shall be measured from the mean elevation at finished grade to the highest point of the existing structure. When measuring antenna height in connection with antennas mounted on existing structures, such height shall be measured from the point of such existing structure at which the antenna is mounted to the highest point of the antenna.
F. 
Maximum tower height. In no event shall any tower exceed a height of 200 feet. Tower height shall be measured from the average elevation at grade level to the highest point of the tower structure, including all antennas and accessory equipment attached thereto.
G. 
Tower inspections. Towers shall be inspected annually on behalf of the tower owner by a licensed professional engineer for structural integrity and continued compliance with these regulations. A copy of such inspection report, including findings and conclusions, shall be submitted to the Town Code Enforcement Officer no later than December 31 of each calendar year.
H. 
Tower design preference. Whenever feasible, tower construction shall be of a monopole design.
I. 
Maintenance and repair. All commercial mobile service facilities shall be maintained in good order and repair.
J. 
Existing structures. By way of illustration, existing structures, as referred to in these regulations governing the siting of commercial mobile service facilities, shall include but not be limited to signs, church spires, belfries, cupolas, domes, monuments, water towers, preexisting tower structures, windmills, chimneys, smokestacks, buildings, utility towers, clock towers, silos, barns or other agricultural buildings, steeples, radio or television towers and commercial parking lot light poles.
K. 
Restriction, multiple towers. No more than one tower may be permitted on any parcel of land.
L. 
Tower separation. A minimum radius of 2,000 feet must be maintained between any proposed tower and any existing tower, whether located in the Town of LaFayette or in any adjacent municipality.
A. 
Fencing. The base of any tower and anchors on guyed towers shall be surrounded by an opaque security fence, eight feet in height. Such fence shall enclose the base of the tower as well as any and all accessory equipment and structures used in connection therewith.
B. 
Landscaping. All commercial mobile service facilities located, installed or constructed at ground level, including towers, tower anchors, accessory structures to towers or antennas or fencing surrounding such uses, shall be visually screened from adjoining residential properties and public rights-of-way by one row of native evergreen shrubs or trees capable of forming a continuous hedge of at least six feet in height within two years of planting. Additional vegetative screening may be required, as needed, in order to minimize adverse visual impacts on neighboring properties. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the appropriate site plan or special permit review and approval. Such landscaping shall be preserved, maintained and replaced, as needed.
C. 
Signs. Signs shall not be permitted on commercial mobile service towers, antennas or related accessory facilities except for signs displaying owner contact information and safety instructions. Such signs shall not exceed five square feet in surface area.
D. 
Lighting. Commercial mobile service facilities shall not be artificially lighted, unless so required by the FAA. If lighting is so required, the lighting alternatives and design used shall be the minimum mandated by the FAA.
E. 
Utility connections. All utility connections to commercial mobile service facilities shall be installed beneath the ground surface.
F. 
Color.
(1) 
Towers. Towers shall either be maintained with a galvanized finish, painted grey or, subject to any FAA restrictions, be painted a neutral color, so as to reduce visual obtrusiveness.
(2) 
Antennas. Antennas and accessory equipment installed on existing structures shall be painted a 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 possible.
(3) 
Accessory structures located at ground level. Accessory equipment and structures (other than towers) located at ground level shall be painted neutral colors that will blend with their natural surroundings to the maximum extent possible.
G. 
Tower access and parking. A road and parking for one vehicle shall be provided in order to assure adequate emergency and service access. Maximum use of existing roads and drives shall be made, and at all times ground and vegetation disturbance shall be minimized.
H. 
Antennas affixed to the face of existing structures. Antennas affixed to the face of existing structures may not protrude in excess of five feet horizontally between the antenna and the existing structure face.
I. 
Tower co-location. Commercial mobile service towers shall, to the maximum extent possible, be designed to provide for co-location (use) by at least three providers, or be designed so that they can be retrofitted to accommodate at least three providers.
J. 
Accessory equipment located on building roofs. Any accessory equipment located on building roofs shall be located so as not to be seen or so as to minimize visibility from ground level.
K. 
System connections. Where technologically feasible, connections between commercial mobile service facilities and the system of which they are a part shall be made by use of land line cable rather than by parabolic or dish antennas. When such antenna links are technologically necessary, they shall be located, painted and otherwise situated so as to minimize visual impacts. In no case shall the diameter of such an antenna exceed six feet.
L. 
Tower setbacks. Towers shall not be located closer than 200 feet to the nearest residential property line. In all other cases, towers shall be set back from adjoining properties a distance equal to at least the height of such tower.
M. 
Visibility. All commercial mobile service facilities shall be sited, located and designed so as to have the least possible practical visual impact on the environment and surroundings.
The following factors and considerations shall be considered by the Zoning Board of Appeals in reviewing applications for special use permits related to commercial mobile service facilities in addition to the standards and findings required in Chapter 290, Zoning, § 290-38D:
A. 
The applicant must demonstrate that location of the commercial mobile service facility, as proposed, is necessary to meet the frequency reuse and spacing needs of the applicant's system and to provide adequate service and coverage to the intended area.
B. 
The applicant must demonstrate that all reasonable measures have been taken to minimize the visual impacts of the proposed facilities.
C. 
Additional standards and factors to be considered in reviewing special use permits relating to towers:
(1) 
Height of the proposed tower.
(2) 
Proximity of the proposed tower to residential structures and residential district boundaries.
(3) 
Nature of uses on adjacent and nearby properties.
(4) 
Surrounding topography.
(5) 
Surrounding existing tree coverage and foliage.
(6) 
Design of the proposed tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7) 
Proposed ingress to and egress from site.
(8) 
Alternatives analysis. The applicant must demonstrate that no existing structure, tower or alternative technology that does not require the construction of a new tower can accommodate the applicant's coverage and service needs. Evidence submitted to demonstrate that no such alternative is reasonably available may consist of the following:
(a) 
No existing towers or structures are located within the geographic area (search ring) which meet the applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength or space to support applicant's proposed needs.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with the existing or planned antennas on the existing towers or structures or such existing or planned antennas would cause such interference with the applicant's antenna.
(e) 
The existing tower or structure owner is unwilling to provide access or the fees, costs or contractual provisions required by the owner of the existing tower or structure in order for the applicant to co-locate on such tower or structure are unreasonable. Costs exceeding new tower construction are presumed to be unreasonable.
(f) 
The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
A. 
The following information shall be submitted in support of any application (site plan, special use permit, variance) for a commercial mobile service facility. This information is required in addition to any other information or documents required under sections of the Zoning Law pertaining to site plan review (§ 290-37), special use permits (§ 290-38D) or variances [§ 290-38B(1)(c)].
(1) 
Full application on forms provided by the Town.
(2) 
Environmental assessment form (EAF), including a visual environmental assessment form (VEAF).
(3) 
The make and model of the planned facility.
(4) 
The manufacturer's design data pertaining to installation.
(5) 
The applicant's maintenance and inspection schedule.
(6) 
Identification of the effects such facility will have on other existing communication facilities in the vicinity.
[Amended 12-8-2020 by L.L. No. 2-2020]
(7) 
A safety analysis and certification by a licensed professional engineer that the proposed facility will be in compliance with all applicable FAA and FCC laws and regulations.
(8) 
Proof of the site owner's consent, if the applicant is not the owner of the site on which the applicant seeks to locate a commercial mobile service facility.
[Amended 12-8-2020 by L.L. No. 2-2020]
(9) 
Inventory of existing sites. Each applicant shall provide an inventory of its existing tower sites within the Town or within one mile of the border thereof, including specific information regarding the height, location and design of each tower facility. The Town may share this information with other applicants without representing or warranting that such sites are available or suitable.
(10) 
A site plan. An applicant seeking approval for siting a commercial mobile service facility shall submit a site plan in conformance with Chapter 290, Zoning, § 290-37, which, in addition to the items require to be shown hereunder, shall include the following items:
(a) 
The exact location of the proposed facility, including any mounting devices, appendages, support structures and accessory equipment, storage cabinets or other materials used in connection therewith.
(b) 
The location of all structures on the site.
(c) 
The maximum height, each, of the proposed facility and any structure on which it is proposed to be affixed.
(d) 
The location, type and intensity of any lighting.
(e) 
Property boundaries, adjacent uses and zoning classifications.
(f) 
Names and addresses of adjacent property owners, as contained in public records.
(g) 
Landscaping and screening plan including existing vegetation.
(h) 
Location and nature of utility services and connecting land line.
(i) 
Location and nature of access.
(j) 
Details showing compliance with these regulations.
B. 
Additional submission requirements for towers:
(1) 
Identification and description of any anti-climb device.
(2) 
A report from a licensed professional engineer which describes the tower, including its height and design, demonstrates the tower's compliance with applicable structural standards and describes the tower's capacity, including the number and types of antennas it can accommodate.
(3) 
A legal description (metes and bounds) of the site on which the tower is proposed to be located.
(4) 
The site plan shall also show distances between the proposed tower structure and structures on adjoining properties within 500 feet, together with the names and addresses of all property owners within 500 feet of the boundary of the property on which the tower is proposed, as contained in public records.
(5) 
A drawing of the proposed tower, including any proposed attachments, accessory equipment, cabinets or other items used in connection therewith.
(6) 
Identification and location of any commercial mobile towers located within the Town or within one mile of the Town, regardless of ownership.
(7) 
As-built drawings, within 30 days after completion of tower construction.
An applicant for a special use permit to construct a commercial mobile service tower shall agree to remove such tower and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 consecutive months. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Board of Appeals shall require the applicant to provide a demolition bond or other security acceptable to the Town for the purpose of removing such facilities in case the applicant fails to do so as required above.
A. 
An applicant for site plan approval or a special use permit for a commercial mobile service facility shall submit a nonrefundable fee, as established from time to time by resolution of the Town Board, to reimburse the Town for the costs of reviewing such applications.
B. 
In addition to the preceding subsection, the Board of Appeals may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear all reasonable costs associated with such consultation, which shall be assessed as an additional application fee. These additional costs shall be limited to the consultant's review of the site location alternatives analysis and its report to the Board of Appeals.
The following are exempt from the provisions of this article:
A. 
Commercial mobile service facilities located on Town of LaFayette property.
B. 
Private, noncommercial television and radio antennas.
C. 
Commercial mobile service facilities may be repaired or maintained without restriction.
D. 
Law enforcement, fire control, E911 and medical emergency facilities.
In approving a site plan or special use permit, the Board of Appeals or the Town Board, as the case may be, may waive any of the provisions of these regulations when it finds that doing so will have no detrimental impact on surrounding properties or on the public health, safety and welfare and that such waiver is in keeping with the purposes herein set forth.
In granting any site plan approval or special use permit for a commercial service facility, the Board of Appeals or the Town Board, as the case may be, may impose conditions to the extent that such Board concludes that such conditions are necessary to minimize any adverse effect of the proposed tower on neighboring properties.