Town of Greece, NY Antennas and Telecommunications Facilities

Telecommunications facilities may be permitted as principal or accessory structures in any district, subject to the regulations established hereinafter.

Special permit uses. Upon application to and with the approval of the Board of Zoning Appeals pursuant to § 211-65A, a special permit may be issued for the placement, erection or construction of telecommunications facilities in all districts. Exempt from this requirement are co-located antennas which comply with the regulations established hereinafter in Subsection C(5)(a). The Board of Zoning Appeals upon request may allow relief from the regulations listed below under Subsections B and C(1) through (4) by means of an area variance request.

General regulations applicable for all districts.

(1)

Location. Telecommunications facilities which are:

(a)

Used as principal uses may be placed, erected or constructed in any yard on a lot or in a business center, except as hereinafter provided.

(b)

Placed, erected or constructed on a waterfront lot may be permitted in side and rear yards only.

(c)

Used as accessory uses may be permitted in side and rear yards only.

(2)

Setbacks. Except as hereinafter provided, telecommunications facilities shall comply with the minimum setback regulations established for principal uses or accessory uses, as applicable, in the district in which said facilities are located.

Antennas, antenna towers and accessory antenna structures.

(1)

Height. The applicant shall submit sufficient information to justify the proposed height of an antenna or antenna tower as the minimum necessary to achieve its coverage objectives. In no case, however, shall any antenna or antenna tower exceed 200 feet in height. For purposes of this section, said height shall be measured from the highest part of an antenna or an antenna tower and attached antennas or other appurtenances to the ground at the base of said antenna or antenna tower.

(2)

Setbacks.

(a)

Antennas and antenna towers. The minimum setback of an antenna or an antenna tower and attached antennas or other appurtenances from all lot lines shall be the greater of:

[1]

A distance which is equal to the height of said antenna or antenna tower and attached antennas or other appurtenances; or

[2]

Fifty feet.

(b)

Accessory antenna structures. Accessory antenna structures and guy anchors shall comply with the minimum setback regulations established for the district in which said structures are located.

(3)

Aesthetics. Antennas, antenna towers and accessory antenna structures shall be designed, located and screened or buffered in a manner which provides to the maximum extent practicable compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent practicable, the Board of Zoning Appeals may impose reasonable conditions on said structures, including but not limited to the following:

(a)

Visual screening. The Board of Zoning Appeals may require the base of an antenna, antenna tower or accessory antenna structure to be visually screened from adjoining lots. The nature and location of said visual screening shall be subject to the applicable site plan and minor improvement plan approval provisions of Subsection D. Said visual screening may include but shall not be limited to fences, walls and landscaping. Existing on-site trees and other vegetation shall be preserved to the maximum extent practicable and may be substituted or enhanced in order to meet landscaping requirements.

(b)

Lighting.

[1]

The Board of Zoning Appeals may require that antenna towers be designed and located so as to avoid, if possible, an undesired application of Federal Aviation Administration requirements for artificial lighting that maintains or enhances visibility.

[2]

Unless otherwise required by the Federal Aviation Administration, the Federal Communications Commission or Title 19 NYCRR (Building Codes of New York State), artificial lighting shall not be permitted to be placed on or to shine onto antennas, antenna towers or accessory antenna structures. If artificial lighting is used, said lighting shall be aimed or shielded to the maximum extent practicable so as to minimize adverse effects on the surrounding premises.

(c)

Colors and painting.

[1]

The Board of Zoning Appeals may require that antennas and antenna towers be designed and located so as to avoid, if possible, an undesired application of Federal Aviation Administration requirements for painting that maintains or enhances visibility.

[2]

Unless camouflage technology is used to hide, disguise or otherwise obscure or minimize the view of an antenna tower, or unless otherwise required by the Federal Aviation Administration or the Federal Communications Commission, antennas and antenna towers shall have a galvanized finish or be painted matte gray.

[3]

Accessory antenna structures shall maximize the use of building materials, colors and textures which are designed to blend with the natural surroundings.

(d)

Signs.

[1]

Except as hereinafter provided, signs shall not be permitted on antennas, antenna towers or accessory antenna structures unless required by federal or state regulation.

[2]

The Board of Zoning Appeals may require that the owner of an antenna, antenna tower or accessory antenna structure place signs on said structures or on any enclosing fences for warning, notification or other purposes. The maximum sign area of each said sign shall be two square feet.

(4)

Access and safety.

(a)

Access. In order to ensure adequate emergency and service access to an antenna or antenna tower, an access driveway, two parking spaces and a driveway turnaround area shall be provided on the premises. To the maximum extent practicable, existing streets or private driveways shall be used for access to an antenna tower. In order to ensure minimal visual disturbance and reduce soil erosion potential, construction of an access driveway shall, at all times, minimize ground disturbance and vegetation cutting, and road grades shall closely follow natural contours.

(b)

Fences. All antenna towers and guy anchors, if applicable, shall be enclosed by a fence or wall which is eight feet in height, or shall be secured sufficiently otherwise in order to protect said antenna towers from trespassing or vandalism.

(c)

Compliance with federal and state requirements. The owner of a telecommunications facility shall comply with all applicable federal and state regulations, including but not limited to Federal Aviation Administration and Federal Communications Commission regulations and Title 19 NYCRR (Building Codes of New York State).

(d)

Structural safety.

[1]

Design. The owner of an antenna or antenna tower shall provide a certification from a New York State licensed professional engineer that the design of said antenna or antenna tower meets all applicable structural safety requirements.

[2]

Construction and maintenance. Antennas and antenna towers shall be placed, erected or constructed and maintained in conformity with all applicable codes, rules and regulations. Not less than each fifth year after the placement, erection or construction of an antenna or antenna tower, the owner of said antenna or antenna tower shall submit to the Building Inspector a certification from a New York State licensed professional engineer that said antenna or antenna tower has been inspected for structural integrity and continues to meet all applicable structural safety requirements.

(5)

Co-location with existing telecommunications facilities.

(a)

Waiver of special permit requirement. In all districts, no special permit may be required for the co-location of an antenna, with or without accessory antenna structures, on existing buildings, antenna towers or other structures for which a special permit for a telecommunications facility previously has been granted by the Board of Zoning Appeals. A building permit may be issued for said co-located antenna, provided that, in the opinion of the Director of Development Services, said co-located antenna and existing telecommunications facility comply with all applicable provisions of said special permit.

(b)

Co-location on existing antenna towers or structures. At all times, shared use of existing antenna towers or other structures shall be preferred to the construction of new antenna towers. An applicant for a special permit for a telecommunications facility which includes an antenna tower shall submit an inventory of existing antenna towers within a reasonable distance of the proposed telecommunications facility and shall describe, in writing, opportunities for shared use of existing telecommunications facilities as an alternative to a proposed new antenna tower. The applicant shall submit documentation which demonstrates, to the satisfaction of the Board of Zoning Appeals, good-faith efforts to secure co-location on existing antenna towers or structures as well as documentation of the technical, physical and financial reasons why co-location is not proposed. The applicant shall submit written requests for co-location where applicable. The applicant shall also demonstrate, to the satisfaction of the Board of Zoning Appeals, efforts to locate a new antenna on the same lot as an existing antenna tower or other structure, if co-location of antennas on an existing antenna tower or structure is not proposed.

(c)

Future co-location on new antenna towers. In the interest of minimizing the number of antenna towers in the Town of Greece, the Board of Zoning Appeals may require, as a condition of special permit approval for a telecommunications facility, that the owner of said facility indicate in writing its commitment to permit co-location on said facility and that said owner will design any antenna tower which may be a part of said facility to be placed, erected or constructed with sufficient base, height and carrying capacity to accommodate future co-location. The Board of Zoning Appeals may waive the co-location requirement if it determines that accommodation of future co-location is not feasible or imposes an unnecessary burden, based upon:

[1]

The number of Federal Communications Commission licenses available for the area in the foreseeable future.

[2]

The kind of telecommunications facility, site and structure proposed.

[3]

The number of existing and potential Federal Communications Commission licensees without antenna tower spaces.

[4]

The number and location of available spaces at other existing and approved telecommunications facilities.

[5]

Potential adverse visual impacts by a telecommunications facility which has been designed to accommodate co-location.

(6)

Removal of abandoned antennas, antenna towers and accessory antenna structures.

(a)

The discontinuance of the use of an antenna, antenna tower or accessory antenna structure for its intended purpose for more than six consecutive months shall be conclusive evidence of abandonment of said use. Said antenna, antenna tower or accessory antenna structure shall be removed by its owner within three months of the date of said abandonment, which date shall be determined by the Building Inspector. However, upon written request, the Building Inspector may extend said three-month period for two additional periods of time not to exceed three months each. Said extension may be granted if, in the opinion of the Building Inspector, it is warranted by the particular circumstances of the request. These requirements also shall apply to any person subsequently securing rights to co-locate on said antenna tower. No building permit shall be issued by the Building Inspector for an antenna, antenna tower or accessory antenna structure at a telecommunications facility unless and until the following conditions, as applicable in the opinion of the Building Inspector, are met:

[1]

The owner of said antenna, antenna tower or accessory antenna structure shall submit a New York State licensed professional engineer's certified estimate of the cost of removal of the proposed telecommunications facilities and of restoration of the surrounding premises for review and verification by the Building Inspector.

[2]

In order to guarantee the future sufficiency of funds for the aforementioned removal and restoration, a certified check, renewable letter of credit or other security equal to not less than two times the certified estimated cost of said removal and restoration shall be submitted to the Town.

[3]

A letter from the owner of the premises shall be submitted to the Building Inspector which grants the Town or a duly authorized agent of the Town permission to enter the site for the purpose of removing the telecommunications facilities and restoring the premises after the expiration of the period of time established by the Building Inspector for the removal of said telecommunications facilities. Said letter shall be subject to review and approval by the Town Attorney.

(b)

Any telecommunications facilities which are not removed within the time period established by this section may be removed and the premises may be restored by the Town or its duly authorized agent. The expense for said removal and restoration shall be charged against the certified check, letter of credit or other security which was submitted to the Town for said removal and restoration. If said security is not sufficient to pay all of the expenses incurred by the Town or its duly authorized agent, the additional moneys spent shall be added to the real property taxes which are levied by the Town on the premises.

Site plan and minor improvement plan approval.

(1)

Except as hereinafter provided, telecommunications facilities shall be subject to the applicable provisions of the site plan review and approval authority of the Planning Board pursuant to § 211-65C and the minor improvement plan review and approval authority of an authorized representative of the Planning Board pursuant to § 211-65D.

(2)

Waiver of site plan and minor improvement plan approval. Site plan and minor improvement plan approval shall not be required for antennas, with or without accessory antenna structures, which are co-located on existing buildings, antenna towers or other structures for which a special permit for a telecommunications facility previously has been granted by the Board of Zoning Appeals, provided that, in the opinion of the Director of Development Services, said co-location and existing telecommunications facility comply with all applicable provisions of said special permit.

The following uses shall not be subject to the provisions of this section:

(1)

Except for satellite dish antennas, antennas which are used solely for reception of radio or television broadcast signals.

(2)

Equipment which is designed, marketed and used as consumer products, including but not limited to telephones, facsimile machines ("fax machines"), modulators/demodulators ("modems"), remote control toys and handheld, mobile, marine and portable radio telecommunication transmitters/receivers.

(3)

Equipment which is used to improve radio telecommunications service reliability inside of a building or structure, provided that said equipment is located inside of said building or structure. Said equipment shall include but shall not be limited to low-power antennas and leaky coaxial cable radiators.

(4)

Repair and maintenance of telecommunications facilities at the site of said facilities.

(5)

Digital loop carriers and other similar cabinets and equipment for telecommunications services that are provided via wires or cables.

Telecommunications facilities which are located on public lands, buildings or structures which are owned or leased by fire districts, public school districts, the Town of Greece, the County of Monroe, the State of New York or the United States of America shall not be subject to the provisions of this section.