[Added 12-16-1997 by L.L.
No. 4-1997; amended 12-27-2001 by L.L. No. 10-2001]
[Amended 3-11-2014 by L.L. No. 1-2014]
All telecommunications towers or radio emitters of any type,
for commercial use, shall not be installed, modified or operated unless
approved by the Town Planning Board. Upon receipt of a completed application,
the Town Planning Board has 90 days to act on a completed application.
The following words and phrases, when used in this article,
shall have the meaning set forth in this section unless the context
indicates otherwise:
Any facility used in connection with the provision of wireless
services, including, but not limited to, antennas, transmitter, ancillary
telecommunications equipment, wireless telecommunications. Television
signal receivers at single-family residences are exempt from permit
requirements.
A rendering, drawing, or sketch prepared to specifications
and containing necessary elements, as set forth in the applicable
ordinance or local law, which shows the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
The applicable review by the Town of Potsdam Planning Board.
Any individual, corporation, limited-liability company, joint
venture, public benefit corporation, partnership, limited-liability
partnership, association, trust or estate and any other entity, public
or private, however organized.
Any freestanding tower, guyed tower, monopole or any structure
used for the provision of wireless services, including ancillary telecommunications
equipment required to integrate such facility into an existing or
proposed wireless network.
The provision of personal wireless services, including the
provision of commercial mobile services, unlicensed wireless services
or specialized mobile radio services, which services are regulated
by the Federal Communications Commission in accordance with the Communications
Act of 1934. "Unlicensed wireless service" means the offering of telecommunications
services using duly authorized devices which do not require individual
licenses, but does not mean the provision of direct-to-home satellite
services.
A.
Permit requirements. No person who provides wireless service shall
commence the placement, construction or modification of an antenna
facility without first having obtained an approval for a special use
permit from the Planning Board and obtained a building permit from
the Code Enforcement Officer.
B.
Permit review procedures. Upon receipt of a complete application
for permission to place, construct or modify an antenna facility,
the Code Enforcement Officer shall forward the application for a minor
or major antenna facility to the Planning Board for special use permit
and site plan review.
C.
Major and minor antenna facilities.
(1)
"Minor antenna facility" means any wireless facility installed on,
in or to an existing building or other existing structure, including,
but not limited to, an existing tower, pole, other utility tower or
pole, smokestack, steeple, water tank, billboard or other signage,
or streetlight, comprised solely of antennas and ancillary telecommunications
equipment which do not extend in excess of 20 feet above the highest
point of the existing building or structure on which the minor antenna
facility is installed. Special use permit and site plan review are
required.
(2)
A residential zoning district minor antenna facility is subject to
the standards applicable to the placement of an antenna facility.
Special use permit and site plan review are required.
(3)
"Major antenna service facility" means any antenna facility that
is not a minor antenna facility. Special use permit and site plan
review are required.
D.
Telecommunications towers and wireless communications facilities
shall be permitted in zoning districts as follows:
(1)
R-1 Residential District: New towers or facilities are not permitted,
nor existing structures used for the placement of towers, antennas
or radio emitters.
(3)
R-A Residential-Agriculture District, C-C Community Center District,
C-D Community Development District, H-D Highway Development District,
P-D Development Overlay District: The Town Planning Board may permit
telecommunications towers and other wireless facilities after a review
of application and site plans.
A.
Site plan. An applicant shall be required to submit a site plan in accordance with § 306-36A. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors. Parking and landscaping and shall include grading plans for new facilities and roads.
B.
Supporting documentation. The Planning Board and/or the Zoning Board of Appeals shall require that the site plan include a complete visual environmental assessment form (EAF) and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board and the Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF in addressing this § 306-18 below. The Board shall also require a copy of the certificate of need from the Public Service Commission.
A.
Shared use of existing towers. At all times, shared use of existing
towers shall be preferred to the construction of new towers. An applicant
shall be required to present an adequate report inventorying existing
towers within a reasonable distance of the proposed site and outlining
opportunities for shared use of existing facilities as an alternative
to a proposed new tower.
(1)
An applicant proposing to share use of an existing tower shall be
required to document intent from an existing tower owner to allow
shared use.
(2)
The Board shall consider a new telecommunications tower where the
applicant adequately demonstrates that shared usage of an existing
tower is impractical. The applicant shall be required to submit a
report demonstrating good faith efforts to secure shared use from
existing towers as well as documentation of the physical and/or financial
reasons why shared usage is not practical. Written requests and responses
for shared use shall be provided.
B.
Shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection A(1) and (2) above. Any new telecommunications tower approved for an existing tower site shall be subject to the standards of Subsection D and §§ 306-16 through 306-21 below.
C.
New tower at a new location. The Board shall consider a new telecommunications
tower on a site not previously developed with an existing tower. The
applicant shall adequately demonstrate that shared usage of an existing
tower site is impractical and shall submit a report demonstrating
good faith efforts to secure shared use from existing towers, as well
as documentation of the physical and/or financial reasons why shared
usage is not practical. (Written requests and responses for shared
use inquiries shall be provided.) Information regarding the required
need for the new telecommunications tower shall be required in the
form of empirical data illustrating said need.
D.
Future shared usage of new towers. The applicant must examine the
feasibility of including a telecommunications tower in his proposed
plan that will accommodate future demand for reception and transmitting
facilities. The Board shall determine the scope of this analysis.
This requirement may be waived, provided that the applicant demonstrates
that provision of future shared usage of the facility is not feasible
and an unnecessary burden based upon:
(1)
The number of Federal Communications Commission (FCC) licenses foreseeably
available for the area.
(2)
The kind of tower site and structure proposed.
(3)
The number of existing and potential licenses without tower spaces.
(4)
Available spaces on existing and approved towers.
(5)
Potential adverse visual impact by tower designed for shared usage.
All proposed telecommunications towers and accessory structures
shall be located on a single parcel and be set back from abutting
residential parcels, public property or street lines a distance sufficient
to contain on site substantially all icefall or debris from tower
failure and preserve the privacy of the adjoining residential properties.
A.
The lot size of parcels containing a tower shall be determined by
the amount of land required to meet the setback requirements; if the
land is to be leased, the entire lot required shall be leased from
a single parcel.
B.
All tower bases shall be located at a minimum setback from any property
line at a minimum distance equal to 1 1/2 times the height of
the tower.
C.
Accessory structures shall comply with the minimum setback requirements
in the underlying zoning district.
The Board shall require the applicant to undertake a visual
impact assessment of any proposed new towers or any proposed modification
of an existing tower. The visual impact assessment shall include:
A.
A Zone of Visibility Map, provided in order to determine location
where the tower may be seen.
B.
Pictorial representations of "before" and "after" views from key
viewpoints both inside and outside of the Town, including but not
limited to state highways and other major roads, state and local parks
and areas of aesthetic interest.
C.
Alternative tower designs and color schemes.
D.
A description of the visual impact of the tower base, accessory buildings
and overhead utility lines from abutting properties and streets.
A.
Alternate designs shall be considered for new towers, including lattice
and single-pole structures.
B.
The design of a proposed new tower shall comply with the following:
(1)
Towers and antennas shall be designed to withstand the effects of
the wind according to the standards designated by the American National
Standards Institute as prepared by the Engineering Departments of
the Electronics Industry Association and Telecommunications Industry
Association.
(2)
Unless specifically required by other regulations, all towers shall
have a finish compatible with the surrounding area that shall minimize
the degree of visual impact.
(3)
The maximum height of any new tower, or any tower in existence intended
to be used as a telecommunications tower, shall not exceed that which
shall permit operation without artificial lighting of any kind or
nature in accordance with municipal, state, and/or federal law and/or
regulation.
(4)
The Board may request a review of the application by a qualified
engineer for evaluation of need for and design of any new tower.
(5)
Accessory facilities shall maximize the use of building materials,
colors and textures designed to blend with the ambient surroundings.
(6)
No portion of any tower or related structure shall be used for a
sign or other advertising purpose, including but not limited to company
name, phone numbers, banners, streamers, etc.
Deciduous or evergreen tree plantings may be required to screen
portions of the tower and accessory structures from nearby residential
property as well as from public sites known to include important views
or vistas. Where a site abuts a residential property or public property,
including streets, screening shall be required.
Adequate emergency and service access shall be provided. Maximum
use of existing roads, public or private, shall be made. Road construction
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 assure minimal visual disturbance and reduce soil
erosion potential.
A minimum of three parking spaces shall be provided. No parking
spaces shall be located in any required yard.
Sites of proposed new towers and sites where modifications to
existing towers are proposed shall be adequately secured. A fence
approved by the Board shall enclose the site unless the applicant
demonstrates to the Board that such measures are unnecessary to ensure
the security of the facility.
Obsolete or unused towers and related structures shall be removed
from any site within four months of discontinuance of use.
The Board, at its sole discretion, may require the applicant
and/or the owner to establish, prior to approval of any application,
a maintenance and/or performance bond in any amount sufficient to
cover the installation, maintenance and/or demolition of said tower
during its lifetime. The bonding amount required shall be determined
at the sole discretion of the Board. The applicant and/or owner shall
cooperate with the Board in supplying all necessary construction and
maintenance data to the Board prior to approval of any application.
The cost estimate shall be reviewed by the Town Engineer.
The Planning Board may waive any of the application requirements
in this article found not to be germane or found to cause undo hardship.
