The provisions of this chapter shall not restrict
the construction or use in the exercise of a governmental function
of public buildings, lands or property supported in whole or in part
by taxes imposed on real property in the Town of Perinton.
[Amended 3-24-1993 by L.L. No. 4-1993; 1-22-1997 by L.L. No. 1-1997; 9-23-1998 by L.L. No. 2-1998; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No.
1-2012; 12-18-2019 by L.L. No. 2-2020]
A. Legislative intent. The Town of Perinton recognizes the increased
demand for wireless communications transmitting facilities and the
need for the services they provide. Often, these facilities require
the construction of a communications tower. The intent of this section
is to protect the Town's interest in properly siting towers in a manner
consistent with sound land use planning, while also allowing wireless
service providers to meet their technological and service objectives
for the benefit of the public.
B. Co-locating antennas on existing structures. Antennas may be added
or attached to existing communications towers, water tanks, buildings
or structures in any district upon obtaining site plan approval and
the issuance of a building permit. Accessory structures shall be similarly
permitted when located near such existing structures.
C. Communications towers in industrial and commercial districts. Telecommunication
facilities shall be permitted in Industrial and Commercial Districts
upon obtaining site plan approval and a building permit.
D. Communications towers in other districts. Telecommunications facilities are permitted in districts other than those identified in Subsection
C above only upon the issuance of a tower special permit by the Town Board, as set forth in Subsection
E below, and obtaining site plan approval from the Planning Board.
E. Tower special permit requirements. Prior to the issuance of a tower
special permit by the Town Board, the following requirements shall
be addressed:
(1) Application and site plan. All applicants for a tower special permit
shall make written application to the Town Board. The application
shall include a site plan setting forth specific site data on a map,
acceptable in form and content to the Town Board, which shall be prepared
to scale and in sufficient detail and accuracy and which shall show
the following:
(a)
The location of property lines and permanent easements.
(b)
The location of the communications tower, together with guy
wires and guy anchors, if applicable.
(c)
A side elevation or other sketch of the communications tower
showing the proposed antennas.
(d)
The location of all structures on the property and all structures
on any adjacent property within 10 feet of the property lines, together
with the distance of these structures to the proposed communications
tower.
(e)
The names of adjacent landowners.
(f)
The location, nature and extent of any proposed fencing, landscaping
and/or screening.
(g)
The location and nature of proposed utility easements and access
road, if applicable.
(h)
A viewshed map or visual simulation showing the view from surrounding
properties of the proposed communications towers and/or antennas.
(2) Preference for higher-intensity use districts. The Town Board may
express a preference that the proposed facility be located in a higher-intensity
use district or on higher-intensity use property, provided that a
location exists within such district which is available to the applicant
and satisfies the applicant's need to provide adequate service and
coverage to the intended area, and further provided that there are
no reasonable technical, physical and/or financial reasons why locating
the proposed telecommunications facility in such a district is impractical
or unfeasible. A guideline for the Town Board's preference, from most
favorable to least favorable, is as follows:
(a)
Property with an existing structure suitable for co-location.
(c)
Commercial and Limited Commercial Districts.
(d)
Municipal or governmentally owned property upon a finding by
the Town Board that the siting of a proposed facility on the municipal
or governmentally owned land would not have as significant of a visual
impact as would the siting of such a facility on other property within
that particular district.
(e)
Restricted Business District.
(3) Aesthetics. In order to minimize any adverse aesthetic effect on
neighboring residences to the extent possible, the Town Board may
impose reasonable conditions on the applicant, including the following:
(a)
The Town Board may require a monopole or guyed tower (if sufficient
land is available to the applicant) instead of a freestanding communications
tower.
(b)
The Town Board may require reasonable landscaping consisting
of trees or shrubs to screen the base of the communications tower
to the extent possible from adjacent residential property. Existing
on-site trees and vegetation shall be preserved to the maximum extent
possible.
(c)
The Town Board may require the applicant to show that it has
made good faith efforts to co-locate on existing communications towers
or other available and appropriate structures and/or to construct
new communications towers near existing communications towers in an
effort to consolidate visual disturbances.
(d)
Towers should be designed and sited so as to avoid, whenever
possible, application of Federal Aviation Administration (FAA) lighting
and painting requirements. Communications towers shall not be artificially
lighted except as required by the FAA. Towers shall be painted a galvanized
finish or matte gray unless otherwise required by the FAA.
(e)
No tower shall contain any signs or advertising devices.
(4) Radio frequency effects. The Town Board recognizes that federal law
prohibits the regulation of cellular and PCS communications towers
based on the environmental effects of radio frequency emissions where
those emissions comply with the Federal Communications Commission
(FCC) standards for those emissions. The Town Board may, however,
impose a condition on the applicant that the communications antennas
be operated only at FCC-designated frequencies and power levels.
(5) Traffic, access and safety.
(a)
A road turnaround and a minimum of one parking space shall be
provided to assure adequate emergency and service access. Maximum
use of existing roads, public or private, shall be made.
(b)
All communications towers and guy anchors shall be enclosed
by a fence not less than eight feet in height or otherwise sufficiently
protected from trespassing or vandalism.
(c)
The applicant must comply with all applicable state and federal
regulations, including but not limited to FAA and FCC regulations.
(6) In addition to the other requirements of Subsection
E listed above, all applicants for telecommunications facilities shall submit documentation and analysis demonstrating that location of the telecommunications facility as proposed is necessary to provide adequate service and coverage to the intended area, as well as documentation demonstrating the technical, physical and/or financial reasons why locating the proposed telecommunications facility in a zoning district other than a residential district is impractical or unfeasible.
F. Future shared use of new communications towers. In the interest of
minimizing the number of new communications towers, the Town Board
may require, as a condition of tower special permit approval, that
an applicant commit, in writing, that it will permit other telecommunications
providers to make use of the proposed communications tower or telecommunications
facility and that the applicant will design the communications tower
to have a minimum height and carrying capacity needed to provide future
shared usage, subject to the following conditions:
(1) The new antennas and equipment do not exceed structural loading requirements,
interfere with communications tower space used or to be used by the
applicant or propose any technical frequency interference with existing
equipment.
(2) The party subsequently desiring to co-locate pays the applicant an
appropriate and reasonable sum to co-locate.
(3) The party desiring to co-locate has a similar commitment to permit
the applicant to co-locate on its facilities in other locations.
(4) The condition for co-location may not be required if the applicant
demonstrates that provisions of future shared usage are not feasible
or impose an unnecessary burden based upon:
(a)
The number of FCC licenses foreseeably available for the area;
(b)
The kind of communications tower site and structure proposed;
(c)
Available spaces on other existing and approved communications
towers; and
(d)
Potential adverse visual impacts by a communications tower designed
for shared usage.
G. Height. Communications towers permitted under this chapter shall
be exempt from the height limitations otherwise applicable in the
district in which they are located, unless specifically addressed
herein.
H. Procedure. Upon receipt of a completed application, the Town Board
shall hold a public hearing and shall comply with this section of
the Code. The Town Board shall review the application for compliance
with the provisions of this chapter and shall determine that the location
of the proposed communications tower is in accordance with the principles
and requirements stated herein.
I. Exemptions.
(1) Telecommunications facilities may be repaired and maintained without
restriction.
(2) Antennas used solely for residential household television and radio
reception shall be exempted.
(3) Satellite antennas measuring two meters or less in diameter and located
in commercial or industrial districts and satellite antennas one meter
or less in diameter in any district shall be exempted, provided that
they are 10 feet or less above the surrounding grade or building to
which they are mounted and a building permit is obtained to ensure
that the installation is safe.
(4) Amateur radio installations, provided that they are installed in compliance with Subsection
L of this section.
J. Waivers. The Town Board may waive or vary any requirements in §
208-13E for good cause shown.
K. Cessation of operation; abandonmen t. In the event that the use of
any telecommunication facility has been discontinued by all operators
on such facility for a period of 180 consecutive days or more, the
facility shall be deemed to be abandoned. Determination of the date
of abandonment shall be made by the Director of Building and Codes,
who shall have the right to request documentation from the owner/operator
of the facility regarding usage thereat. Upon such abandonment, the
owner/operator shall remove the facility at its own expense; and failing
prompt removal, the Town may remove the facility at the owner/operator's
expense. All special permits, variances and approvals of the nature
granted by the Town shall automatically expire as of the date of abandonment
of the facility.
L. Amateur radio installations. Amateur radio installations are permitted
in any district. Amateur radio antennas and antenna support structures
are permitted, provided that:
(1) The antenna support structure or antenna is within or on a previously
approved structure or within the rear yard area and meets the applicable
setbacks.
(2) There is no more than one antenna support structure on the property.
(3) The total height of the antenna and antenna support structure above
grade does not exceed 62 feet.
(4) In the case of a single-wire or dipole-type antenna, naturally occurring features, i.e., trees, may be used as a support and not be subject to the rear yard limitation. If a naturally occurring feature is not available on the property and other means are not feasible, then a second antenna support structure may be utilized exclusively to support a single-wire or dipole-type antenna. Such second antenna support structure shall be subject to the provisions of §
208-13L(1) above.
(5) A building permit is obtained for the support structure.
(6) The proposed antenna and antenna support structure will not, by reason
of its location or nature, create a hazard to the public or any adjacent
owner or occupant.