[HISTORY: Adopted by the Board of Trustees of the Village of Adams 9-21-1998 by L.L. No. 4-1998. Amendments noted where applicable.]
A chapter providing for the regulation of telecommunication towers within the Village of Adams.
As used in this chapter, the following terms shall have the meanings indicated:
TELECOMMUNICATION TOWER
Any structure greater than 35 feet in height, which is capable of receiving and/or transmitting signals (for the purpose of communication).
The purpose of these supplemental regulations is to promote the health, safety, and general welfare of the residents of the Village of Adams to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations, to minimize the total number of telecommunication towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures, and to minimize adverse visual effects from telecommunication towers by requiring careful siting, visual impact assessments, and appropriate landscaping.
A. 
No telecommunication tower, except those approved prior to the effective date of this section shall be used unless in conformity with these regulations. No telecommunication tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations.
B. 
Telecommunication towers are allowed by site plan review in that portion of the Industrial District west of the railroad tracks and on Village water towers.
At all times shared use of existing tall structures, and existing or approved towers shall be preferred to the construction of new towers.
A. 
An applicant proposing to share use of an existing tall structure shall be required to submit:
(1) 
A completed application for a site plan. The site plan shall show all existing and proposed structures and improvements including antennae, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.
(2) 
Documentation of intent from the owner of the existing facility to allow shared use.
(3) 
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any, will be required in order to certify to the above.
(4) 
A completed short EAF and a completed visual EAF addendum.
(5) 
A copy of its Federal Communications Commission (FCC) license.
B. 
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection A of this section, and if modifications indicated according to Subsection A of this section are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant approval of the site plan without further review under this section. If the Board determines that any modifications indicated according to Subsection A of this section are significant, it may require further review according to §§ 263-10 through 263-21 below.
The Board may consider a new telecommunication tower when the applicant demonstrates that shared use of existing tall structures and existing of approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.
Where shared use of existing tall structures, and existing or approved towers, 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 § 263-6 above. Any proposals for a new telecommunication tower on an existing tower site shall also be subject to the requirements of §§ 263-9 through 263-21 below.
The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in § 263-6 above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigations in accordance with § 263-7. Any proposal for a new telecommunication tower shall also be subject to the requirements of §§ 263-9 through 263-21 below.
The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Zoning Officer prior to issuance of a zoning permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the zoning permit. The letter shall commit the new tower owner and his/her successors in interest to:
A. 
Respond within 90 days to a request for information from a potential shared-use applicant.
B. 
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
C. 
Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but it not limited to a prorated share of the cost of site selection planning project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs adapting the tower or equipment to accommodate a shared use, without causing electromagnetic interference.
A. 
An applicant shall be required to submit a plan in accordance with Chapter 305, Article VII, of the Code of the Village of Adams. The site plan shall show all existing and proposed structures and improvements including roads, buildings, towers(s), guy wire and anchors, antennae, parking and landscaping and shall include grading plans for new facilities and roads.
B. 
Supporting documentation. The applicant shall submit a complete short EAF, a complete visual assessment form (visual EAF addendum), and documentation on the proposed intent and capacity of use as well as justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of the Federal Communications Commission (FCC) license.
A. 
Telecommunication towers/accessory structures shall comply with all existing setback requirements of the underlying district. Telecommunication towers shall be set back a distance sufficient to substantially contain, on site, all ice-fall or debris from tower failure or a minimum of 1/2 of the height of the tower, which ever is greater. The Board will consider lesser setbacks if an engineer's report is provided showing that the debris fall zone is smaller.
B. 
Telecommunication towers shall comply with all existing setback requirements of the underlying zoning district or shall be located with a minimum setback from any property line equal to 1/2 of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
The Board may require the applicant to undertake a visual impact assessment which may include:
A. 
A "Zone of Visibility Map" shall be provided in order to determine locations where the tower may be seen.
B. 
Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Village of Adams including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.
C. 
Assessment of alternative tower designs and color schemes as described in § 263-13 below.
D. 
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties.
Alternative designs shall be considered for new towers, including lattice and single pole structures. The design of a proposed new tower shall comply with the following:
A. 
Any new tower shall be designed to accommodate future shared use by other telecommunications providers.
B. 
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
C. 
The maximum height of any new 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. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation.
D. 
The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of, any new tower.
E. 
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
F. 
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to: company name, phone numbers, banners, and streamers.
Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at the height of four feet off the ground) shall take place prior to the approval of the site plan.
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 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 disturbance shall be kept to a minimum to reduce soil erosion potential.
Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.
The tower and any accessory structures shall be adequately enclosed by a fence, design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
A. 
The fence adequacy and maintenance shall be the responsibility of the owner.
B. 
New towers shall be equipped with anti-climb devices.
A. 
The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the zoning officer within 30 days of the discontinuance of the use of the tower. This letter shall be filed with the zoning officer prior to issuance of a zoning permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations, shall be a violation of this chapter and shall result in forfeiture of the performance bond.
B. 
Bonding statement.
(1) 
As a condition of site plan approval the owner or applicant is required to file a performance bond in such amount as the Planning Board determines to be in the public interest to insure the removal of a tower in the event it is unused.
(2) 
Such bond shall be executed by the applicant and a surety company or insurance company authorized to do business in the State of New York. It shall provide for 30 day's notice of cancellation to be give to the Village. It shall be approved by the Village Attorney as to form and method of execution and by the Chairman of the Planning Board as to sufficiency of surety and shall be filed with the Village Clerk before site plan approval is granted.
The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notification shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing.
The Administration and Enforcement of this chapter shall be in accordance with Article XI of Chapter 305, Zoning, of the Code of the Village of Adams with the same force and effect as if the entire Article XI were set forth herewith.