[Added 3-12-1997 by L.L.
No. 1-1997]
The Planning Board of the Town of Ogden is hereby authorized
to review and approve, approve with modifications or disapprove special
use permits and site plans for telecommunications towers consistent
with the provisions of Town Law § 274-a and 274-b.
As used in this article, the following terms shall have the
meanings indicated:
An accessory facility serves the principal use, is subordinate
in area, extent and purpose to the principal use and is located on
the same lot as the principal use. Examples of such facilities include
transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio navigation, radio, television and microwave communications.
The frequency of these waves generally ranges from 10 hertz to 300,000
megahertz.
A complete map of all existing or proposed tower locations
within the Town of Ogden, as well as a complete map of all existing
or proposed tower locations in all Towns adjoining the Town of Ogden,
together with such narrative or technical data or information as the
applicant shall deem relevant or necessary so as to establish the
necessity of each tower site which is the subject of the application.
A complete map of the Town of Ogden, inventorying and identifying
all preexisting structures, municipal buildings or lands, public utility
buildings, lands or rights-of-way or special geographic areas (i.e.,
hills, wooded areas, naturally screened areas), together with such
narrative or technical data or information as the applicant or Town
shall deem relevant or necessary so as to establish whether or not
any of such structures or areas may be suitable for any proposed tower
site.
Complete maps, plans, narrative, overlays and analysis of
the propagation studies for the proposed tower site, together with
all propagation studies for all other proposed or existing tower sites
within the Town of Ogden or elsewhere which adjoin the proposed tower
site or which may impact on the siting process for the proposed tower
location.
Those zoning classifications of land within the Town of Ogden, as more particularly described in Chapter 300, Article V, of the Town Code. For the purposes of this article, telecommunications towers shall be located, whenever possible, in industrial or commercial districts, as defined in such sections, or upon municipal or public utility lands, rather than upon residential or agricultural district lands.
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions set forth for such
use subject to approval by the Planning Board.
A structure on which transmitting and/or receiving antennas
are located.
A zoning overlay map of the Town of Ogden, adequately identifying
each separate zoning district of the Town as it relates to the proposed
grid analysis, propagation map and preexisting structures maps, respectively.
The purpose of these supplemental regulations is to promote
the health, safety and general welfare of the residents of the Town
of Ogden while providing a unified and uniform procedure and process
to process and establish a telecommunications network within the Town
of Ogden consistent with applicable federal and state regulations,
giving due regard for the need to protect the natural features and
esthetic characteristics of the Town.
A.
No telecommunications tower shall hereafter be used, erected, moved,
reconstructed, changed or altered except after approval of a special
use permit and in conformity with these regulations. No existing structure
shall be modified to serve as a transmission tower unless in conformity
with these regulations.
B.
These regulations shall apply to all property within the Town of
Ogden in the order of priority and preference hereinafter provided
for.
D.
Where these regulations conflict with other laws and regulations
of the Town of Ogden, the more restrictive shall apply, except for
tower height restrictions which are governed by these special use
standards.
The Planning Board shall comply with the provisions of the New
York State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
A.
Site plan. An applicant shall be required to submit a site plan as described in Chapter 254 of the Code of the Town of Ogden.
(1)
The site plan shall show all existing and proposed structures
and improvements, including roads, and shall include grading plans
for new facilities and roads. The site plan shall also include documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower or antennae and justification for any
land or vegetation clearing required. The site plan shall include
or there shall be separately submitted a grid map with zoning overlay,
propagation maps and preexisting structures also noted thereon. The
applicant shall be required, whenever possible, to locate the proposed
tower facility in the most restrictive zone and with due consideration
given to existing facilities, as depicted upon the overlay map. Whenever
possible, tower facilities shall be sited upon governmental or municipally
owned property or properties owned or controlled by public utilities.
The applicant shall be further required to adjust the grid map to
the fullest extent possible so as to take advantage of the existing
structures and facilities and so as to locate the proposed facility
within the most restrictive zone so as to lessen the impact upon residential
structures.
(2)
In addition to other site plan requirements, an application
for a telecommunications tower shall include the following additional
information:
(a)
The location of all structures, trees exceeding four inches
in diameter (measured at a height of four feet off the ground) and
other significant and/or unusual features on the site and on any other
adjacent property within 20 feet of the property line.
(b)
The location, type and size of any trees in excess of four inches
in diameter (measured at a height of four feet off the ground) which
are proposed to be removed.
(c)
All information prepared by the manufacturer of the antenna
or tower, or the applicant for which a special use permit is being
sought, including, but not limited to, the following:[1]
[1]
Make and model of tower to be erected.
[2]
Manufacturer's design data for installation instructions and
construction plans.
[3]
Applicant's proposed tower maintenance and inspection procedures.
[4]
Applicant's proposed maintenance and inspection schedules.
[5]
Applicant's maintenance and inspection records system.
[6]
Anti-climb devices for the tower and any guy wires.
(3)
Additionally, the Planning Board shall require that the site
plan include a completed visual environmental assessment form (visual
EAF) and a landscaping plan addressing other standards listed within
this section with particular attention to visibility from key viewpoints
within and outside of the municipality as identified in the visual
EAF. The Planning Board may require submittal of a more detailed visual
analysis based on the results of the visual EAF.
B.
Construction materials. To the extent possible, all towers shall
be of a metal monopole construction, and the Board shall have the
authority to require that the applicant construct such tower of such
materials and in such a configuration, including, but not limited
to, camouflage, "tree" construction and such other methods then available
so as to lessen the visual impact to the fullest extent possible.
C.
Government services. Adequate provision shall be made such that all
municipal emergency services, including, but not limited to, police,
fire and ambulance services, may be located upon the tower. These
emergency services shall have the use of the tower facility for emergency
communications purposes without charge.
D.
Limitation on number of towers. No more than one tower facility shall
be allowed on any tax parcel within the Town, and no existing tax
parcel may be subdivided solely for the purpose of obviating this
provision.
E.
Shared use.
(1)
At all times, shared use of existing towers shall be preferred
to the construction of new towers. Additionally, where such shared
use is unavailable, location of antenna on preexisting structures
shall be considered. An applicant shall be required to present an
adequate report inventorying existing towers within reasonable distance
of the proposed site and outlining opportunities for shared use of
existing facilities and use of other preexisting structures as an
alternative to a new construction.
(2)
An applicant intending to share use of an existing tower shall
be required to document intent from an existing tower owner to share
use. The applicant shall pay all reasonable fees and costs of adapting
an existing tower or structure to a new shared use. Those costs include,
but are not limited to, structural reinforcement, preventing transmission
or receive interference, additional side screening and other changes,
including real property acquisition or lease required to accommodate
shared use.
(3)
In the case of new towers, the applicant shall be required to
submit a report demonstrating good faith efforts to secure shared
use from existing towers as well as documenting capacity for future
shared use of the proposed tower. Written requests and responses for
shared use shall be provided.
F.
Setbacks. Towers and antennas shall comply with all existing setbacks
within the affected zone. Additional setbacks may be required by the
Planning Board to contain on-site substantially all ice-fall or debris
from tower failure and/or to preserve privacy of adjoining residential
and public property. Setbacks shall apply to all tower parts, including
guy wire anchors, and to any accessory facilities. All towers and
antennas shall maintain a minimum setback equal to the height of the
tower (and any antenna or other fixtures affixed to the top of the
tower) plus 25 feet, unless sufficient engineering detail shall be
provided to warrant a lesser setback.
G.
Visibility.
(1)
All towers and accessory facilities shall be sited to have the
least practical adverse visual effect on the environment.
(2)
Towers shall not be artificially lighted except to ensure human
safety as required by the Federal Aviation Administration (FAA). Towers
shall be a galvanized finish or painted gray above the surrounding
treeline and painted gray, green or black below the surrounding treeline
unless other standards are required by the FAA. In all cases, freestanding
towers shall be preferable to guyed structures. Towers should be designed
and sited so as to avoid, whenever possible, application of the FAA
lighting and painting requirements.
(3)
Accessory facilities shall maximize use of building materials,
colors and textures designed to blend with the natural surroundings.
H.
Existing vegetation. 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 approval of the special use permit
use. Additionally, all trees meeting the criteria of four inches at
four feet that will be removed must be cataloged and mapped as part
of permit application. Clear-cutting of all trees in a single contiguous
area exceeding 20,000 square feet shall be prohibited.[2]
I.
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower from nearby residential property as
well as from public sites known to include important views or vistas.
Where the site abuts residential or public property, including streets,
the following vegetative screening shall be required. For all towers,
at least one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least 10 feet in height within two years of
planting shall be provided to effectively screen the tower base and
accessory facilities. In the case of poor soil conditions, planting
may be required on soil berms to ensure plant survival. Plant height
in these cases shall include the height of any berm.
J.
Site access and fencing. The site plan shall detail the means of
access to the tower site and all security or safety fencing proposed.
Such detail shall include, but shall not be limited to, gate location,
roadway location and design, height and type of fencing, and security
measures, if any, for the site. Proper gating or other measures of
securing the access road so as to eliminate nuisance usage must be
considered and may be required by the Planning Board as a condition
of approval.
K.
Height. No structure erected under the authority of this chapter
shall exceed 190 feet in total height, including any antenna, light,
lightning protection device of any other thing affixed to said tower
when measured from the average elevation of the ground surface immediately
surrounding the location of the structure.
L.
Access and parking. A road and parking will be provided to ensure
adequate emergency and service access. Maximum use of existing roads,
public or private, shall be made. Road construction shall be consistent
with standards for private roads and shall at all times minimize ground
disturbance and vegetation cutting to within the toe of fill, the
top of cuts, or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to ensure minimal
visual disturbance and reduce soil erosion potential. Public road
standards may be waived in meeting the objectives of this subsection.
M.
Town review fees. In addition to the application fee, the applicant
shall be responsible for any and all expert fees which are incurred
by the Town in the review of the application, including review by
engineers and consultants employed by the Town. As security for this,
an applicant shall pay on account with the Town an amount as defined
in the Town's fee schedule at the time of application. Any additional
engineering or consultant's fees incurred by the Town over and above
such sum shall be invoiced to the applicant from time to time, and
these fees shall be paid prior to any vote by the Planning Board on
the application. No certificate of occupancy or certification of completion
or compliance shall be issued until all unpaid fees have been paid.
N.
Radio emissions. Radio emissions from any towers and/or antennas
attached to it shall conform to applicable Federal Communications
Commission regulations on emissions. The Planning Board shall request
proof of compliance with these standards. No certificate of occupancy
or certificate of compliance shall be issued by the Building Inspector
or Code Enforcement Officer without satisfactory proof of compliance
with this requirement.
A.
The applicant shall submit, as part of its application, a detailed
cost analysis and estimate of the annual costs associated with the
maintenance of the proposed tower, accessory structures, access roadway,
and all other improvements, as depicted upon the site plan. Such estimate
shall be reviewed by the Town Engineer, and upon establishment of
the annual costs of such maintenance the applicant shall post a letter
of credit, or other financial security acceptable to the Planning
Board, so as to assure the performance of such annual maintenance
services.[1]
B.
Removal of tower. In the event that a telecommunications tower is
no longer used for the purposes specified in the application, or the
communication facility ceases operations for a period of 90 days,
such tower, structures and facilities shall be dismantled and removed
from the site within 30 days of receipt of a written notice from the
Building Inspector and/or Code Enforcement Officer. Prior to the issuance
of a building permit the owner and operator of a communications tower
shall provide the Town with a letter of credit or other financial
security acceptable to the Planning Board. The estimate shall be prepared
by the applicant's licensed engineer, verified by the Town Engineer
(or the engineer hired by the Town to evaluate the application, if
different from the Town Engineer) and approved, as to form, by the
Town Attorney. The amount of such financial security shall be approved
by the Planning Board.
C.
Failure of the applicant to continuously maintain in full force and
effect such letters of credit or other financial security shall automatically
terminate all permits or approvals granted with respect to such site
or sites and shall constitute a violation of the provisions of this
article.
The authorized Board shall have the authority to impose such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed telecommunication tower or special
use or site plan.
