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.
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.
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.
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.