[Added 4-7-1997 by L.L. No. 2-1997;
amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No.
1-2016; 2-5-2018 by L.L. No. 1-2018]
A.
The purpose of this article is to establish general guidelines for
the siting of telecommunications facilities including communications
towers and antennas which are regulated in accordance with the Telecommunications
Act of 1996 and other applicable federal laws. The intent of this
article is to regulate the location of telecommunication facilities,
in accordance with the Town's Master Plan and Zoning Map and giving
full consideration to existing land uses and environmentally sensitive
areas, while conforming to the Telecommunications Act of 1996 and
other applicable federal laws. The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas, away
from significant natural resources and without adverse impact to designated
and eligible for designation historic resources;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
(5)
Encourage users of towers and antennas to locate them, to the
greatest extent possible, in areas where the adverse impact on the
size and scale of the community's built environment, the natural environment,
and designated or eligible for designation historic resources is minimal;
(6)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques (stealth technology);
(7)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(8)
Ensure that these facilities are limited to those for which
the petitioner has demonstrated a need for service. No towers shall
be built purely "on speculation" for future users; and
(9)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
These definitions only apply to this article. Duplicate definitions
that are found in other sections of the chapter do not apply to this
section of the chapter.
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to generators or other emergency power supply
equipment, utility or transmission equipment storage sheds or cabinets,
or fencing.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunication services (PCS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the Town's siting, building, and permitting authority.
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 particular return
or investment or profit, standing alone, shall not deem a situation
to be "commercially impracticable" and shall not render an act or
terms of an agreement "commercially impracticable."
The distance measured from the preexisting grade level to
the highest point on the tower or structure, including any antenna
or lightning protection device.
A freestanding framework tower with three to four sides,
sometimes called a "self-supporting tower (SST)."
The addition, removal, or change of any of the physical and
visually discernable 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
discernable 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 telecommunications
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 technically equivalent to the component
being replaced for any matters that involve the normal repair and
maintenance of a wireless facility.
See definition for "wireless telecommunications facilities."
Any wireless service provider or agent submitting an application
for a special use permit for wireless telecommunications facilities.
A directional antenna or system of antennas for radio transmission
or reception.
The official document or permit by which a petitioner is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Town.
Temporary in relation to all aspects and components of this
article, something intended to, or that does, exist for fewer than
90 days.
Any exterior facility, including an antenna, antenna array
or other communications equipment, excluding a satellite dish antenna
or small cell telecommunications facility, established for the purpose
of providing wireless voice, data, and image transmission within a
designated service area and which includes equipment consisting of
personal wireless services, as defined in federal law, including by
Federal Communications Commission orders or regulations. A telecommunications
facility must not be staffed. A telecommunications facility consists
of one or more antennas attached to a support structure and related
equipment. Equipment may be located within a building or an exterior
equipment cabinet.
Siting additional telecommunications facilities on an existing
structure or pole using the same base or support structure, without
the need to construct a new base structure. Co-location may include
siting multiple facilities from the same provider or from more than
one provider in the same location.
The establishment of a telecommunications facility on a base
structure where no such facility presently exists.
An exterior facility, excluding a satellite dish antenna,
established for the purpose of providing wireless voice, data and/or
image transmission within a designated service area. A small-cell
telecommunications facility must not be staffed, and consists of one
or more antennas attached to a support structure or building. Antennas
may not be larger than a maximum height of four feet and a maximum
width of two feet, six inches. These type units which fall under the
Federal Telecommunications Act will be processed in accordance with
this article.
Any telecommunications facility that is integrated into an
architectural feature of a structure or the surrounding landscape
so that the facility and its purpose to provide wireless services
is not visually apparent or prominent.
A monopole, tower, utility pole, existing light pole, building
or any other freestanding self-supporting structure or replacement
of equivalent dimensions which can safely support the installation
of a telecommunications facility.
A.
New wireless telecommunications facilities. All new wireless telecommunications facilities, or relocated, rebuilt, modified or extended towers or antennas in the Town of Tonawanda shall be subject to these regulations, including the general requirements contained in § 215-156 of this article.
B.
Amateur radio station operators/receive-only antennas. This article
shall not govern any tower or the installation of any antenna that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
C.
Preexisting wireless towers or antennas. Preexisting towers and preexisting antennas shall not be subject to the requirements of this article, other than the requirements of § 215-156L and M. Modification of a preexisting wireless telecommunication facility shall be subject to the requirements of this article.
D.
Radio array. For purposes of implementing this article, a radio array
shall not be considered as a telecommunications facility.
Applications for telecommunications facilities shall propose,
locate, site and erect these facilities with priority being given
to co-located/existing structure sites first, and consideration given
to industrial, commercial and business sites, with residential locations
being the least preferred. A petitioner for a non-co-located antenna
or new structure may not bypass sites of higher priority by stating
that the site proposed is the only site leased or selected. All applications
shall address co-location as an option. The petitioner shall submit
a written report demonstrating the petitioner's review of the higher
priority locations and demonstrating by technical reasons why a higher
priority site was not chosen.
A.
Co-located/existing structures. An antenna that is to be attached to an existing wireless telecommunications facility, or any building or structure is permitted in all zoning districts and will be reviewed administratively (which may include a courtesy review by the Planning Board, as determined by the Building Department). If the proposal is to locate the antenna on or within Town-owned property, the project will require approval from the Tonawanda Town Board (see § 215-157).
(1)
Building permit.
(a)
The antenna is permitted upon issuance of a building permit.
The building permit application will include a structural analysis/report
verifying the ability of the structure to handle the antenna. Antennas
on structures, buildings, etc., shall be located in such a manner
to reduce their visual appearance, utilizing stealth technology to
the fullest extent possible. In areas of high visibility, accessory
equipment structures may need to be screened, camouflaged or placed
below ground in a vault. Co-located antennas may be placed on:
[1]
Existing utility or telephone poles: height of
new antenna shall not extend above the height of the existing structure
by more than two feet (note the requirement for placing new antennas
on or within Town-owned property);
(b)
Also, if the new antenna is being placed on a structure within
a higher governmental-owned lands (like a road right-of-way), but
is to be located on a structure (like a utility pole) that is not
owned by that higher government, then the project will require Planning
Board review and approval prior to the issuance of a building permit;
(2)
Industrial buildings: height of new antenna shall not extend
above the height of the existing building by more than 12 feet;
(3)
Multifamily residential buildings: height of new antenna shall
not extend above the height of the existing building by more than
12 feet;
(4)
Commercial buildings: height of new antenna shall not extend
above the height of the existing building by more than 12 feet;
(5)
Water tower: height of new antenna shall not extend above the
height of the water tower by more than 12 feet; or
(6)
Existing standalone, wireless telecommunication facility: height
of new antenna shall not extend above the height of the existing facility
by more than 12 feet.
B.
Non-co-located/new structure antennas. An antenna that will not be
mounted on an existing structure, as defined above, or is more than
the allowed height above that structure on which it is mounted, is
permitted as follows (all new towers shall not be lattice towers):
(1)
Municipal- or government-owned property:
(a)
If located on municipally (Town of Tonawanda) owned property, a Town lease or license agreement must be obtained and the Town must refer the proposal to the Planning Board for its input. The tower must be set back the height of the tower from any residentially zoned property and be in accordance with § 215-157.
(b)
If proposed in the Town road right-of-way, the Town will require
a lease or license agreement but also require the project to receive
a tower special use permit (including Planning Board and Highway Department
referral and recommendation).
(c)
If located on county, state, or federal property, the tower
shall be administratively reviewed by the Town and the Planning Board
shall conduct a courtesy review and the tower must be set back the
height of the tower from any property line.
(d)
If located on a public school property, the project will be
reviewed and approved by the Town Planning Board.
(2)
Performance Standards Use, General Industrial, and Waterfront Industrial Districts: site plan application per Article XXIII and this article. If the tower is to be set back less than the height of the proposed tower to any adjacent residential district, then the application will require a performance standards use permit and site plan approval.
(a)
Setback a minimum of 100 feet from any property line.
(3)
All commercial zoning districts (C, C-1, C-2, RHC or WB) and mixed use districts (W-MU, NB or TND): site plan review and a tower special use permit as set forth in this article and Article XIV.
(a)
The tower must be set back a minimum of the height of the tower
from any residentially zoned property or any front yard line.
(b)
Towers exceeding 195 feet in height in commercial zoning districts
(C, C-1, C-2, P-S, RHC or WB) and mixed use districts (W-MU, NB or
TND Zoning Districts) shall be treated as Type 1 actions under the
State Environmental Quality Review Act (SEQRA).
(c)
Height restriction of 195 feet and setback of 100 feet from
any property line.
(4)
Residential zoning districts (A First Residential District,
B Second Residential District, and M-F Districts): site plan review
and a tower special use permit.
(a)
The tower must be set back a minimum of the height of the tower
from all property lines and any existing building not located on the
site, but not less than 100 feet.
(b)
The maximum height of a tower in these zoning districts is 90
feet. An area variance for height will be required from the Zoning
Board of Appeals to exceed this height, following initial review by
the Planning Board.
(c)
All applications for telecommunications facilities in these
zoning districts shall be treated as Type 1 action under the State
Environmental Quality Review Act (SEQRA).
The following requirements apply to all applicants for non-co-located/new
structure antennas (except municipal property structures):
A.
All applicants under this article must obtain a building permit from
the Code Enforcement Officer of the Town of Tonawanda. The Code Enforcement
Officer is hereby authorized to issue building permits under this
article if it is determined that an applicant has met the requirements
established in this article.
B.
All applications are subject to site plan review by the Town of Tonawanda
Planning Board. The intent of site plan review is to evaluate site
plans and require changes consistent with minimizing conflicts which
may result between the site layout and design of proposed uses and
natural site conditions and features and/or existing or planned adjacent
uses. Site plan review is also responsible for ensuring that development
comply with clearly calculated planning goals and policies as are
provided in the Town of Tonawanda's Comprehensive Plan and other area-specific
planning documents.
C.
An applicant is required to demonstrate, using technological evidence,
that the tower or antenna must be located where it is proposed in
order to satisfy its function in the applicant's grid system. Further,
the applicant must demonstrate by technological evidence that the
height requested is the minimum height necessary to fulfill the cell
site's function within the grid system.
D.
The Town of Tonawanda may deny the application to construct a new
tower if the applicant has not proven to the Town that it cannot mount
the antenna on an existing structure and/or public property.
E.
Applications for necessary permits will only be processed when the
applicant demonstrates that it is either an FCG-licensed telecommunications
provider or has in place agreements with an FCC-licensed telecommunications
provider for use or lease of the support structure or tower (no tower
may be built "on-spec").
F.
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
G.
Lot size. For purpose 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 requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
H.
Inventory of existing sites. Each applicant shall provide to the
Town an inventory of its existing towers, antennas or sites approved
for towers or antennas that are either within the jurisdiction of
the Town of Tonawanda or within one mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Director of Planning and Development or the Code Enforcement
Officer may share such information with other applicants applying
for administrative approvals or special use permits under this article
or other organizations seeking to locate antennas within the jurisdiction
of the Town of Tonawanda; provided, however, that the Town official
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
I.
Aesthetics. Applications shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral 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 (stealth or
camouflaging technology should be considered).
J.
Fencing. A well-constructed masonry or stone wall or privacy fence,
not less than eight feet for residential districts or 10 feet for
nonresidential districts in height from finished grade shall be provided
around each antenna and/or tower and shall also be equipped with an
anticlimbing device. Access to the tower shall be through a locked
gate. No barbed wire shall be used.
K.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
L.
State or federal requirements. All towers and antennas must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this article shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
M.
Building codes safety standards. To ensure the structural integrity
of towers and antennas, the owner of a tower or antenna shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Town of Tonawanda concludes
that a tower or antenna fails to comply with such codes and standards
and constitutes a danger to persons or property, then, upon notice
being provided to the owner of the tower or antenna, the owner shall
have 30 days to bring such tower or antenna into compliance with such
standards. Failure to bring such tower or antenna into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
N.
Measurement. For purposes of measurement, tower setbacks shall be
calculated and applied to facilities located in the Town of Tonawanda
irrespective of municipal and county jurisdictional boundaries.
O.
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this article and shall not be regulated or permitted
as essential services, public utilities or private utilities.
P.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises and licenses required by law by any governmental
entity, including the Town of Tonawanda, now or in the future for
the construction and/or operation of a wireless communication system
in the Town of Tonawanda have been obtained and shall file a copy
of all required franchises and licenses with the Planning and Development
Department or the Code Enforcement Officer.
Q.
Signs. No signs or advertising material of any nature shall be allowed
on an antenna or tower.
R.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 215-160.
S.
Multiple antenna/tower plan. The Town of Tonawanda encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
T.
The owner of any tower or antenna shall provide the Town Clerk with
a demolition bond equal to twice the cost of removal of the tower
or antenna.
U.
The owner of any tower or antenna shall identify the entities providing
the backhaul network for the antenna or tower described in the application
and other cell sites owned or operated by the applicant in the Town
of Tonawanda, as well as any information detailing the purpose for
the proposed antenna or tower.
V.
All applicants under this article must comply with the State Environmental
Quality Review Act.
W.
Unless otherwise provided, towers and antennae and their related
structures shall comply with all existing setbacks within any zoning
districts. Additional setbacks may be required by this article, the
Code Enforcement Officer, Planning Board, or the Town Board, as applicable,
to contain on site substantially all ice-fall or debris from tower
failure and/or to comply with the purpose of this article. Setbacks
shall apply to all tower parts, including guy wire anchors, and to
any accessory facilities.
X.
An applicant may be required to submit an environmental assessment
analysis and a visual addendum. Based on the results of the analysis,
including the visual addendum, the Town may require submission of
a more detailed visual analysis. The scope of the required environmental
and visual assessment will be reviewed at the preapplication meeting.
Y.
The applicant shall furnish a visual impact assessment, which shall
include:
(1)
Elevation drawings of the proposed facility, and any other proposed
structures, showing height above ground level;
(2)
A landscaping plan indicating the proposed placement of the
facility on the site; location of existing structures, trees, and
other significant site features; the type and location of plants proposed
to screen the facility; the method of fencing, the color of the structure,
and the proposed lighting method.
(3)
Photo simulations of the proposed facility taken from perspectives
determined by the Planning Board, or its designee, during the preapplication
conference. Each photo must be labeled with the line of sight, elevation,
and with the date taken imprinted on the photograph. The photos must
show the color of the facility and method of screening.
(4)
A narrative discussing:
(a)
The extent to which the proposed facility would be visible from,
but not limited to, state highways, major roads, state and local parks,
public lands, historic districts, preserves, historic sires, archaeological
sites, environmental conservation areas, any other location where
the site is visible to visitors, travelers, employees, or residents;
and
(b)
The tree line elevation of vegetation within 100 feet of the
facility;
Z.
A written description of how the proposed facility fits into the
applicant's telecommunications network. This submission requirement
does not require the disclosure of confidential business information.
AA.
Evidence demonstrating that no existing building, site, or structure
can accommodate the applicant's proposed facility, the evidence for
which may consist of any one or more of the following:
(1)
Evidence that no existing facilities are located within the
targeted market coverage area as required to meet the applicant's
engineering requirements;
(2)
Evidence that existing facilities do not have sufficient height
or cannot be increased in height at a reasonable cost to meet the
applicant's engineering requirements;
(3)
Evidence that existing facilities do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
Specifically:
(a)
Planned, necessary equipment would exceed the structural capacity
of the existing facility, considering the existing and planned use
of those facilities, and these existing facilities cannot be reinforced
to accommodate the new equipment.
(b)
The applicant's proposed antenna or equipment would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna or equipment on the existing facility would cause interference
with the applicant's proposed antenna.
(c)
Existing or approved facilities do not have space on which planned
equipment can be placed so it can function effectively.
(4)
For facilities existing prior to the effective date of this
article, the fees, costs, or contractual provisions required by the
owner in order to share or adapt an existing facility are unreasonable.
Costs exceeding the pro rata share of a new facility development are
presumed to be unreasonable. This evidence shall also be satisfactory
for a tower built after the passage of this article;
(5)
Evidence that the applicant has made diligent good faith efforts
to negotiate co-location on an existing facility, building, or structure,
and has been denied access.
BB.
Identification of districts, sites, buildings, structures or objects,
significant in American history, architecture, archaeology; engineering
or culture, that are listed, or eligible for listing, in the National
Register of Historic Places (see 16 U.S.C. § 470w(5); 36
CFR 60 and 36 CFR 800).
CC.
The applicant shall examine the feasibility of designing a proposed
tower to accommodate future demand for a minimum of five additional
commercial applications, for example, future co-locations. The tower
shall be structurally designed to accommodate a minimum of five additional
antenna arrays equal to those of the petitioner, and located as close
to the petitioner's antenna as possible without causing interference.
This requirement may be waived, provided that the petitioner, in writing,
demonstrates that the provision of future shared usage of the tower
is not technologically feasible, is commercially impracticable or
creates an unnecessary and unreasonable burden, based upon:
(1)
The foreseeable number of FCC licenses available for the area;
(2)
The kind of wireless telecommunication facility site and structure
proposed;
(3)
The number of existing and potential licenses without wireless
telecommunication facilities' spaces/sites; and
(4)
Available space on existing and approved towers.
DD.
Applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address co-location as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board and Town Board why co-location is commercially impracticable
or otherwise impracticable. Agreements between providers limiting
or prohibiting co-location shall not be a valid basis for any claim
of commercial impracticability or hardship.
EE.
Notwithstanding the above, the Planning Board may approve any site
located within an area in the above list of priorities, provided that
the Planning Board finds that the proposed site is in the best interest
of the health, safety, and welfare of the Town and will further the
policies and goals set forth in the Town's laws and Comprehensive
Plan.
FF.
The applicant shall submit a written report demonstrating the applicant's
review of the above locations in order of priority, demonstrating
the technological reason for the site selection. If appropriate, based
on selecting a site of lower priority, a detailed written explanation
as to why sites of a higher priority were not selected shall be included
with the application.
A.
The Town may hire any consultant and/or expert necessary to assist
the Town in reviewing and evaluating the application, including the
construction and modification of the site, once permitted, and any
requests for recertification.
B.
An applicant shall deposit with the Town funds sufficient to reimburse
the Town for all reasonable costs of consultant and expert evaluation
and consultation to the Town in connection with the review of any
application including the construction and modification of the site,
once permitted. The initial deposit shall be $5,000. The placement
of the $5,000 with the Town shall precede the preapplication meeting.
The Town will maintain a separate escrow account for all such funds.
The Town's consultants/experts shall invoice the Town for its services
in reviewing the application, including the construction and modification
of the site, once permitted. If at any time during the process this
escrow account has a balance less than $1,000, the petitioner shall
immediately, upon notification by the Town, replenish said escrow
account so that it has a minimum balance of $5,000 or a lesser amount
if stipulated by the Town. Such additional escrow funds shall be deposited
with the Town before any further action or consideration is taken
on the application. In the event that the amount held in escrow by
the Town is more than the amount of the actual invoicing at the conclusion
of the project, the remaining balance shall be promptly refunded to
the petitioner.
C.
The total amount of the funds needed as set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis, and inspection of any construction or modification.
A.
General. All applicants who wish to locate a tower or antenna on Town land must submit to the Planning and Development Department or Code Enforcement Officer a completed application and detailed plan that complies with the requirements of this article and the Code of the Town of Tonawanda and must furnish any other pertinent information as may be requested by the Town. In addition, such applicant shall submit along with the application's nonrefundable fee as shall be established by resolution of the Town Board of the Town of Tonawanda. Any such application is subject to the site plan review requirements of Article XXIII of the Zoning Local Law of the Town of Tonawanda. Upon receipt of any such complete application, within a reasonable time, the Code Enforcement Officer shall issue a building permit if he is satisfied that the applicant is in compliance with the requirements contained herein or deny such application.
(1)
Towers on Town land. Towers or antennas may be located on Town
land, provided that a license or lease authorizing such antenna or
tower has been approved by the Town of Tonawanda and further provided
that the applicant complies with the provisions of this section.
(2)
Priority of users. Priority for the use of Town land for antennas
and towers will be given to the following entities in descending order:
(a)
The Town of Tonawanda;
(b)
Public safety agencies, including law enforcement, fire and
ambulance services, which are not part of the Town of Tonawanda and
private entities with a public safety agreement with the Town of Tonawanda;
(c)
Other governmental agencies, for uses which are not related
to public safety; and
(d)
Entities providing licensed commercial wireless telecommunication
services, including cellular, personal communication services (PSC),
specialized mobilized radio (SMR), enhanced specialized mobilized
radio (ESMR), data, Internet, paging and similar services that are
marketed to the general public.
(3)
Placement. The placement of antennas or towers on Town land
must comply with the following requirements:
(a)
The antennas or tower will not interfere with the purpose for
which the Town land is intended.
(b)
The antennas or tower will have no adverse impact on surrounding
private property.
(c)
The applicant is willing to obtain adequate liability insurance
and commit to a lease agreement which includes equitable compensation
for the use of Town land and other necessary provisions and safeguards.
(d)
The applicant will submit a letter of credit, performance bond
or other security acceptable to the Town of Tonawanda to cover the
costs of the antenna or tower's removal.
(e)
The antennas or tower will not interfere with other users of
Town land.
(f)
Upon reasonable notice, the Town of Tonawanda may require the
antenna or tower to be removed at the applicant's expense.
(g)
The owner of the tower or antenna must reimburse the Town of
Tonawanda for any costs which the Town incurs because of the presence
of the antenna or tower.
(h)
The applicant must obtain all necessary land use approvals.
(i)
The applicant will cooperate with the Town of Tonawanda's objective
to promote co-locations and thus limit the number of separate antenna
sites requested.
(j)
The applicant's continued compliance with the requirements of
this article.
(4)
Special requirements. The use of certain Town land, such as
water tower sites, parks and Town road rights-of-way, for antennas
or towers brings with it special concerns due to the unique nature
of these sites. The placement of antennas or towers on these special
Town lands will be allowed only when the following additional requirements
are met:
(a)
Water tower or reservoir sites. The Town of Tonawanda's water
towers and reservoirs represent a large public investment in water
pressure stabilization and peak capacity reserves. Protection of the
quality of the Town's water supply is of prime importance to the Town.
The placement of antennas or towers on water tower or reservoir sites
will be allowed only when the Town is fully satisfied that the following
requirements are met:
[1]
The applicant's access to the facility will not increase the
risks of contamination to the Town's water supply;
[2]
There is sufficient room on the structure and/or on the grounds
to accommodate the applicant's facility;
[3]
The presence of the facility will not increase the water tower
or reservoir maintenance cost to the Town; and
[4]
The presence of the facility will not be harmful to the health
of workers maintaining the water tower or reservoir.
(b)
Parks. The presence of certain antennas or towers represents
a potential conflict with the purpose of some parks owned by the Town
of Tonawanda. In no case shall towers be allowed in designated conservation
areas unless they are to be installed in areas which currently contain
tower facilities. Antennas or towers will be considered only in the
following parks after the recommendation of the Parks and Recreation
Committee and approval by the Town Board of the Town of Tonawanda:
(c)
Town road right-of-way. The Town of Tonawanda Town Board may
allow antennas to be placed on existing structures within the Town
road right-of-way. New structures within the Town road right-of-way
will only be allowed under extenuating circumstances and would need
to follow the full requirements of this article. Antennas to be placed
on existing structures will also require input from the Highway Department,
the Engineering Department, the Town Attorney and the Planning Board.
They will utilize stealth technology and equipment will either be
screened or placed underground. The Town will consider all financial
impacts and the project and the possibility of yearly fees for use
of these lands.
(5)
Termination.
(a)
The Town Board of the Town of Tonawanda may terminate any lease
if it determines that any one of the following conditions exist:
[1]
A potential user with a higher priority as described in § 215-157A(2) cannot find another adequate location and the potential use would be incompatible with the existing use;
[2]
A user's frequency broadcast unreasonably interferes with other uses of higher priority as described in § 215-157A(2), regardless of whether or not this interference was adequately predicted in the technical analysis; or
[3]
A user violates any of the standards in this article or the
conditions attached to the Town of Tonawanda's lease or other authorization.
(b)
Before taking action, the Town of Tonawanda will provide notice
to the user of the intended termination and the reasons for it and
provide an opportunity for the user to address the Town Board regarding
the proposed action. This procedure need not be followed in emergency
situations.
(6)
Reservation of right. Notwithstanding the above, the Town Board
of the Town of Tonawanda reserves the right to deny, for any reason,
the use of any or all Town land by any one or all applicants.
A.
General. The following provisions shall govern the issuance of administrative
approvals for towers and antennas.
(1)
Applicants for administratively approved uses must comply with the site plan submittal requirements of Article XXIII of the Zoning Local Law of the Town of Tonawanda.
(2)
The Code Enforcement Officer may administratively approve the
uses listed in this section.
(4)
The Code Enforcement Officer shall respond to each such complete
application within 60 days after receiving it by either approving
or denying the application.
B.
List of administratively approved uses.
(1)
An antenna attached to an existing wireless telecommunication
facility, building, water tower, or other such structure as described
in this chapter.
(2)
Installing a small-cell network (in full compliance with the
Telecommunications Act of 1996 and this article) through the use of
multiple low-powered transmitters/receivers attached to existing wireline
system poles, such as conventional cable or telephone wire poles or
similar technology that does not require the use of standalone or
co-located telecommunication towers and/or antennas.
A.
General. The following provisions shall govern the issuance of special use permits for the construction of new towers or antennas or modification of existing towers by the Town Board of the Town of Tonawanda as illustrated in § 215-155.1:
(1)
Applicants for a special use permit under this section are subject to the site plan review requirements of Article XXIII of the Zoning Local Law of the Town of Tonawanda.
(2)
Applications for special use permits under this section shall be subject to the procedures and requirements of Article XIV of the Zoning Local Law of the Town of Tonawanda.
(3)
In granting a special use permit, the Town Board may impose
conditions to the extent such conditions are necessary to minimize
any adverse effect of the proposed tower and antenna on adjoining
properties.
(4)
An applicant for a special use permit shall submit the information
described in this section and a nonrefundable fee as established by
resolution of the Town Board of the Town of Tonawanda.
(5)
Compliance with the requirements of this article shall be required.
B.
Towers.
(1)
Information required. In addition to any information required for applications for special use permits pursuant to Article XIV of the Zoning Local Law of the Town of Tonawanda, applicants for a special use permit for a tower shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower or height increase, on-site land uses
and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access
setbacks from property lines, elevation drawings of the proposed tower
or increased height and any other structures, topography, parking
and other information deemed by the Development Services Staff to
be necessary to assess compliance with this article.
(b)
Legal description of the parent tract and leased parcel.
(c)
The setback distance between the proposed tower or existing
tower proposed to be increased in height and the nearest residentially
zoned properties.
(d)
A landscape plan showing specific landscape materials.
(e)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(f)
A description of compliance with requirements of §§ 215-156, 215-159B(4) and all applicable federal, state or local laws.
(g)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(h)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the Town of Tonawanda.
(i)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(j)
A description of the feasible locations of future towers or
antennas within the Town of Tonawanda based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(2)
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to Article XIV, the Town Board of the Town of Tonawanda shall consider the following factors in determining whether to issue a special use permit:
(a)
Height of the proposed tower or the increase in height proposed
to any existing tower;
(b)
Proximity of the proposed or existing tower to residential structures
and residential zoning district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress; and
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 215-159B(3) of this article.
(3)
Availability of suitable existing towers, other structures or
alternative technology. No new tower or tower reconstruction, relocation
or height increase shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Town Board of the Town of Tonawanda
that no existing tower, structure or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the Town Board related to the availability of suitable existing
towers, other structures or alternative technology. Evidence submitted
to demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna may consist of any
of the following:
(a)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(4)
Setbacks. The following setback requirements shall apply to
all towers for which a special use permit is required:
(5)
Security fencing. Towers shall be enclosed by security fencing as provided in § 215-156J of this article.
(6)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required:
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
A.
Such special use permit shall be nonexclusive.
B.
Such special use permit shall not be assigned, transferred, or conveyed
without the express prior written notification to the Town within
30 days of such assignment, transfer, or conveyance.
C.
Such special use permit may, following a hearing upon due prior notice
to the petitioner, be revoked, canceled, or terminated for a violation
of the conditions and provisions of the special use permit, or for
a material violation of this article after prior written notice to
the holder of the special use permit.
A.
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(1)
The cabinet or structure shall not contain more than 300 square
feet of gross floor area or be more than 12 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 300 feet square
feet of gross floor area or 12 feet in height pursuant to an area
variance granted by the Zoning Board of Appeals of the Town of Tonawanda,
shall be located on the ground and shall not be located on the roof
of the structure.
(2)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 25% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(4)
There shall be only one generator allowed per tower site. This
generator must service any future antennas and related equipment placed
on the tower.
B.
Antennas mounted on utility poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
(1)
In residential districts the equipment cabinet or structure
shall be sited using stealth technology to the fullest extent practicable
and may be located underground or as follows:
(a)
In a front or side yard, provided that the cabinet or structure
is no greater than three feet in height or 16 square feet of gross
floor area and the cabinet/structure is located a minimum of two feet
from all lot lines. The cabinet/structure shall be screened by an
evergreen hedge with an ultimate height of at least 42 inches to 48
inches and a planted height of at least 36 inches.
(b)
In a rear yard, provided the cabinet or structure is no greater
than 12 feet in height or 140 square feet in gross floor area. The
cabinet/structure shall be screened by an evergreen hedge with an
ultimate height of six feet and a planted height of at least 36 inches.
(2)
In all other zoning districts, the equipment cabinet or structure
shall be no greater than six feet in height or 300 square feet in
gross floor area. The structure or cabinet shall be screened by an
evergreen hedge with an ultimate height of eight feet and a planted
height of at least 36 inches. In all other instances, structures or
cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or
cabinet by a solid fence eight feet in height or an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
36 inches.
C.
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 300 square feet of gross floor area or
be more than 12 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
Any antenna or tower that is not operated for
a period of 12 months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within 90 days of receipt
of notice from the Town of Tonawanda notifying the owner of such abandonment.
A.
Nonexpansion of nonconforming use. Towers that are
constructed and antennas that are installed in accordance with the
provisions of this article shall not be deemed to constitute the expansion
of a nonconforming use or structure.
B.
Preexisting towers. Preexisting towers shall be allowed
to continue their usage as they presently exist. Routine maintenance
shall be permitted on such preexisting towers. New construction other
than routine maintenance on a preexisting tower shall comply with
the requirements of this article.
C.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 215-161, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback requirements specified in § 215-159B(4). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 215-161, hereof.
