This chapter shall be known as "Wireless Telecommunication Facilities."
A.
The intent of this chapter is to regulate the placement, construction
and modification of wireless telecommunication facilities pursuant
to the authority given to the City of Auburn by the Telecommunications
Act of 1996. By this chapter, the City of Auburn intends to accommodate
the increasing demand for wireless telecommunication facilities and
the services provided by them, while simultaneously protecting the
health, safety, public welfare, character and environment of the City
and its residents.
B.
The City of Auburn hereby adopts a policy with respect to a special
use permit for wireless telecommunications facilities for the express
purpose of achieving the following goals:
(1)
Implementing an application process for the person(s) or entities
seeking a special use permit for wireless telecommunications facilities;
(2)
Establishing a policy for examining an application for and issuing
a special use permit for wireless telecommunications facilities that
is both fair and consistent;
(3)
Promoting and encouraging, wherever possible, the sharing and/or
co-location of wireless telecommunications facilities among service
providers.
(4)
Promoting and encouraging, wherever possible, the placement, height
and quantity of wireless telecommunications facilities in such a manner,
including, but not limited to, the use of stealth technology, to minimize
the adverse aesthetic and visual impacts on the land, property, buildings,
and other facilities adjacent to, surrounding, and in generally the
same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(5)
To protect the appearance and property value of residential neighborhoods,
minimize conflict with adjacent uses and the surrounding areas and
to assure the health and safety of the public.
(6)
Minimize the total number and height of new towers throughout the
City of Auburn.
(7)
Provide standards and requirements for the regulation, placement,
design, appearance, construction, monitoring, modification, and removal
of telecommunications facilities and towers.
(8)
Locate towers so that they do not have negative impacts, such as,
but not limited to, attractive nuisance, noise, and falling objects.
(9)
Provide a procedural basis for action within a reasonable period
of time for requests for authorization to place, construct, operate,
or modify telecommunications facilities.
(10)
This chapter is not intended to prohibit or have the effect
of prohibiting the provision of personal wireless services, nor shall
it be used to unreasonably discriminate among providers of functionally
equivalent services consistent with current federal regulations.
This chapter shall apply to the placement, construction and
modification of existing and new wireless telecommunications facilities
and towers within the City of Auburn.
As used in this chapter, unless the context or subject matter
requires otherwise, the following terms shall have the meanings indicated:
Any facility which has not been operational for six consecutive
months.
Any device or exterior apparatus mounted on a tower, building,
utility pole, light pole, or other structure designed for telephonic,
radio, data, Internet or television communications to transmit or
receive communications signals or electromagnetic waves for the purpose
of providing cellular services, telecommunications services, personal
communications services, personal wireless services, wireless cable,
commercial paging, data or wireless services and its attendant base
station.
Any individual, corporation, organization, or entity submitting
an application for a special use permit for wireless telecommunications
facilities.
The Planning Board of the City of Auburn.
The City of Auburn, New York.
The use of a tower or structure to support antennas for the
provision of wireless services without increasing the height of the
tower or structure.
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be commercially impracticable and shall not render an act or the
terms of an agreement commercially impracticable.
A vertical structure erected to support antennas, or other
transmitting or receiving devices. Communication towers may include,
but not be limited to, monopole, lattice, and guided towers. Communications
towers are generally a component of a wireless telecommunications
facility.
An application that contains all information and/or data
necessary to enable an informed decision to be made by the Board with
respect to an application.
The Federal Aviation Administration or its duly designated
and authorized successor agency.
The area on the ground within a prescribed radius from the
base of a wireless communication facility. The fall zone is the area
within which there is a potential hazard from falling debris (such
as ice) or collapsing material.
The Federal Communications Commission or its duly designated
and authorized successor agency.
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightning
protection device.
The addition, removal or change or any of the physically,
visually, and auditory discernible components or aspects of a wireless
facility, such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds, changing the color or materials of any visually
discernible components, vehicular access, parking and/or an upgrade
or change-out of equipment for better or more modern equipment. Adding
a new wireless carrier or service provider to a communications tower
or telecommunications site is a modification. A modification shall
not include the replacement of any components of a wireless facility
where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance
of a wireless facility without adding, removing or changing anything.
Nonionizing electromagnetic radiation.
Any individual, corporation, limited liability company, estate,
trust, partnership, joint-stock company, association of two or more
persons having a joint common interest, or any other entity.
See definition for "wireless telecommunications facilities."
Shall have the same meaning as defined and used in the Telecommunications
Act of 1996.
Radio frequency emissions.
The State Environmental Quality Review Act.
The official permit issued by the Board which allows an applicant
to construct and use wireless telecommunications facilities.
To minimize the adverse aesthetic and visual impacts on the
land, property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light and other electromagnetic
systems.
See definition for "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this
chapter, something intended to, or that does, exist for fewer than
90 days.
Includes a structure, facility or location designed or intended
to be used as, or used to support, antennas or other transmitting
or receiving devices. This includes, but is not limited to, towers
or all types and kinds and structures that employ camouflage technology,
including, but not limited to, structures such as multistory building,
church steeple, silo, water tower, sign or other structures that can
be used to mitigate the visual impact of an antenna or the functional
equivalent of such, including all related facilities such as cabling,
equipment shelters, and other structures associated with the site.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal telecommunications
services, commercial satellite services, microwave services, and services
not licensed by the FCC, but not expressly exempt from the City's
siting, building, and permitting authority, excluding those used exclusively
for the City's fire, police or exclusively for private, noncommercial
radio and television reception and private citizen's bands, amateur
radio, and other similar noncommercial telecommunications where the
height of the facility is below the height limits set forth in this
chapter.
A.
To the extent that the holder of a SUP for a WTF has not received
relief or is otherwise exempt from appropriate state and/or federal
agency rules or regulations, then the holder of such a SUP shall adhere
to, and comply with all applicable rules, regulations, standards,
and provisions of any state or federal agency including, but not limited
to, the FAA and the FCC. Specifically included in this requirement
are any rules, regulations or standards regarding height, lighting,
security, electrical and RF emission standards.
B.
To the extent that applicable rules, regulations, standards, and
provisions of any state or federal agency, including, but not limited
to, the FAA and the FCC, and specifically including any rules and
regulations regarding height, lighting and security, are changed and/or
are modified during the duration of a special use permit for wireless
telecommunication facilities, then the holder of such a special use
permit shall conform the permitted wireless telecommunications facilities
to the applicable changed and/or modified rule, regulation, standard,
or provision within a maximum of 24 months of the effective date of
the applicable changed and/or modified rule, regulation, standard,
or provision, or sooner as may be required by the issuing entity.
Where this section differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the City, state or federal government, this chapter shall control.
If any section, subsection, clause, sentence, phrase, or portion
of this chapter or application thereof to any person or circumstance
is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
Special use permits issued in accordance with this chapter shall
not be exclusive, and shall not be assigned, transferred, or conveyed
without the express written approval from the Board, which shall not
be unreasonably withheld.
