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:
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:
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:
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.