The Town of Little Valley recognizes the increased demand for
wireless communications transmitting facilities and the need for the
services they provide. Often, these facilities require the construction
of a communications tower and/or similar facilities. The intent of
this chapter is to regulate the location, construction and modification
of telecommunications facilities in accordance with the guidelines
of the Telecommunications Act of 1996 and other applicable laws by:
A. Accommodating the need for telecommunications towers/antennas while
regulating their location and number in the community;
B. Minimizing adverse visual impacts of these towers/antennas through
proper siting, design and screening;
C. Preserving and enhancing the positive aesthetic qualities of the
natural environment and current development in the Town of Little
Valley;
D. Providing for the health, safety and welfare of the community by
avoiding potential damage or other negative impacts to adjacent properties
from tower failure, falling ice, etc., through proper sighting and
engineering; and
E. Requiring the joint use of towers when available and encouraging
the placement of antennas on existing structures to minimize the number
of such structures in the future.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A nonhabitable accessory facility or structure serving or
being used in conjunction with a communications tower and/or similar
facility and usually located on the same lot as the communications
tower. Examples of such structures include utility or transmission
equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
frequency signals. Such signals include but are not be limited to
radio, television, cellular, paging, digital and/or data communications,
personal wireless communications services (PWS) and microwave communications.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and accessory structures together
used in connection with the provision of cellular telephone service,
personal communications services, digital and/or data communications
services, paging services, radio and television broadcast services
and similar broadcast services (also referred to as "facilities" or
"equipment").
TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures,
whether or not camouflage technology is employed at the site.
TOWN
Town of Little Valley, Cattaraugus County, New York.
The following criteria will be considered by the Town prior
to the approval/denial of a request for a site plan approval and/or
a tower special permit. The criteria listed may be used as a basis
to impose reasonable conditions on the applicant. All denials shall
be in writing and supported by substantial evidence contained in a
written record. Tower special permits are nonassignable and nontransferrable.
A. Siting preferences. The Town may express a preference for an alternative
site and/or that the proposed telecommunications facility be located
in a higher-intensity-use district or on higher-intensity-use property,
provided there is a technologically feasible and available location.
(1) A guideline for the Town's preference, from most desirable to
least desirable zoning districts/property, is as follows:
(a)
Property with an existing structure suitable for co-location.
(b)
Municipal or government-owned property.
(d)
Residential, agricultural and General Business Districts.
(2) Any request by the Town for information or technical analysis on
a preferred alternate site shall be provided by the applicant at its
sole cost and shall not unreasonably delay the application. Facilities
to be located on property owned by the Town or upon land owned by
governmental entities other than the Town shall, to the extent applicable,
comply with any additional legal requirements imposed by such municipalities
or other governmental entities.
B. Aesthetics. Telecommunications facilities shall be located and buffered
to the maximum extent which is practical and technologically feasible
to help ensure compatibility with surrounding land uses. In order
to minimize any adverse aesthetic effect on neighboring residences
to the extent possible, the Planning Board and/or Town Board may impose
reasonable conditions on the applicant, including, but not limited
to, the following:
(1) Tower height and design, which are matters of primary public concern.
(a)
The Planning Board and/or Town Board may require a monopole
or guyed tower (if sufficient land is available to the applicant)
instead of a freestanding tower. Monopoles are a preferred design.
(b)
The Planning Board and/or Town Board may impose reasonable restrictions
and/or conditions on height. For example, the Board may determine
that adverse impact upon the community will be best mitigated by requiring
the applicant to construct multiple towers of lower height at several
different locations to meet the applicant's demonstrated service
coverage requirement(s) or that the tower height be reduced in the
future if the applicant is unable to demonstrate a continuing need
for the approved height in light of changes in the applicant's
service coverage needs or technological advances.
(2) The Planning Board and/or Town Board may require landscaping consisting
of trees or shrubs to screen the base of the tower and/or to screen
the tower and any accessory structures or buildings to the extent
possible from adjacent residential property. Existing on-site trees
and vegetation shall be preserved to the maximum extent possible.
(3) The Planning Board and/or Town Board may require the applicant to
show that it has made good-faith efforts to co-locate on existing
towers or other available and appropriate structures and/or to construct
new towers near existing towers in an effort to consolidate visual
disturbances.
(4) Towers should be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements. Towers shall
be of a nonreflective finish; color subject to Board approval, unless
otherwise required by the FAA or the Town. Any lights which may be
required by the FAA or the Town shall not consist of strobe lights
unless specifically mandated by the FAA. The Town may require lights
to be shielded to minimize ground visual impact.
(5) No tower shall contain any signs or advertising devices. Notwithstanding
the foregoing, the Board may require appropriate signage indicating
ownership of the facility and phone numbers to call in case of emergency.
(6) The applicant must submit a copy of its policy regarding co-location
on the proposed tower with other potential future applicants. Such
policy should allow co-location under the following conditions:
(a)
The new antenna(s) and equipment do not exceed structural loading
requirements, interfere with Town space used or to be used by the
applicant or pose any technical or radio frequency interference with
existing equipment;
(b)
The party desiring to co-locate pays the applicant an appropriate
and reasonable sum to co-locate; and
(c)
The party desiring to co-locate has a similar policy of co-location
for the applicant.
(7) All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the site unless otherwise permitted in the
zoning district in which the facility is located.
(8) In the interest of public safety, towers exceeding 100 feet in height
shall have red warning lights meeting Federal Aviation Administration
standards.
C. Radio frequency effect.
(1) The Planning Board and/or Town Board shall impose a condition on
the applicant that the communications antenna will be operated only
at Federal Communications Commission (FCC) designated frequencies
and power levels and/or Environmental Protection Agency (EPA) technical
exposure limits, and may periodically require that the applicant provide
competent documents to support that maximum allowable frequencies,
power levels and exposure limits for radiation will not be exceeded.
(2) Unless otherwise preempted by federal or state law, the telecommunications
facility shall be inspected every two years at the applicant's
expense for radio emissions, and a copy of the report shall be promptly
delivered to the Town's Code Enforcement Officer. Radio emission
inspection shall be performed by a New York State licensed professional
engineer specializing in electrical engineering with expertise in
radio communications facilities. The radio emission inspection shall
describe the power density levels of the electromagnetic energy generated
from the facility, including the cumulative effects of co-located
antennas. In the event that the radio emission inspection indicates
that the electromagnetic energy generated from the facility are above
the allowable limits stated within applicable FCC or ANSI standards
or other applicable federal or state guidelines in effect at the time
of the inspection, the applicant shall cease all use of the facility
until such time as it proves to the satisfaction of the Code Enforcement
Officer that the power density levels of the electromagnetic energy
to be generated at the facility are below the applicable standards.
D. Traffic, access and safety.
(1) A road turnaround and one parking space shall be provided to assure
adequate year-round emergency and service access. Maximum use of existing
roads, public or private, shall be made. The use of public roadways
or road rights-of-way for the siting of a tower or antenna accessory
structures is prohibited.
(2) All towers and ground anchors, if applicable, shall be enclosed by
a fence not less than eight feet in height and otherwise sufficiently
protected from trespassing or vandalism. Screen painting of all fenced
areas may be required by the Planning Board and/or Town Board.
(3) The applicant shall comply with all applicable state and federal
regulations, including, but not limited to, FAA and FCC regulations
and from time to time may be required to provide certification of
such compliance.
E. Removal of tower. The applicant shall agree, as a condition to the
issuance of a tower special permit, to remove the tower if the telecommunications
facility becomes obsolete or ceases to be used for its intended purpose
for 12 consecutive months.
(1) The Planning Board and/or the Town Board shall require the applicant
to provide an appropriate and adequate demolition bond for purposes
of removing the telecommunications facility in case the applicant
fails to do so as required above.
(2) The sufficiency of the demolition bond shall be confirmed at least
every five years by an analysis and report of the cost of removal
and property restoration to be performed by a New York State licensed
professional engineer, the cost of same to be borne by the applicant.
If the analysis and report determines that the amount of the bond
in force is insufficient to cover the removal, disposal and restoration
costs, the bond shall be increased to the amount necessary to cover
such cost within 10 days of applicant's receipt of such report.
F. Structural safety.
(1) During the application process and after construction of the tower,
the applicant shall provide a certification from a New York State
licensed professional engineer certifying that the tower meets applicable
New York State and ANSI structural safety standards.
(2) Unless otherwise preempted by federal or state law, the telecommunications
facility shall be inspected every two years at the applicant's
expense for structural integrity, and a copy of the report shall be
promptly delivered to the Code Enforcement Officer. The structural
inspection shall be performed by a New York State licensed professional
engineer specializing in structural engineering. The structural inspection
report shall describe the structural integrity of the facility, maintenance
issues and repairs needed or made, if any. In the event that the structural
inspection indicates structural deficiencies, then the deficiencies
must be remedied within the time reasonably set by the Code Enforcement
Officer. Upon the applicant's failure to do so, the permit may
be revoked.
G. Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair. The Town
may require reasonable records of such maintenance be kept and available
for Town review upon request.
The following uses are exempt from the requirements of this
chapter:
A. Towers and antennas may be repaired and maintained without restriction.
B. Antennas used solely for residential household television and radio
reception.
C. Satellite antennas measuring two meters or less in diameter and located
in commercial districts and satellite antennas one meter or less in
diameter regardless of location.
In the event of any conflicts or inconsistencies between this
chapter and any other local law, including the Zoning Law, this chapter
is meant to control telecommunications towers and similar facilities
in the Town unless otherwise specifically referenced in this chapter.