The intent and purpose of this section is to encourage the location
of telecommunications facilities in nonresidential areas, especially
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;
to encourage the co-location of antennas or antenna towers or other
existing structures, especially on the aforementioned public lands,
building or structures; and to protect to the maximum extent practicable
the suburban character of the Town of Greece, aesthetic consideration,
the property values of the community, the health, safety, and general
welfare of the public and a person's ability to receive telecommunications
signals without interference from other telecommunications service
providers or unreasonably limiting the reception of receive-only antennas,
in accordance with the codes, rules and regulations promulgated by
the Federal Communications Commission.
Amateur stations may be permitted as accessory uses in any district,
subject to the regulations established hereinafter.
A. Roof-mounted antennas. Not more than two roof-mounted antennas shall
be permitted to exceed 15 feet in height. In no case, however, shall
the height of a roof-mounted antenna exceed 25 feet. Said antenna
height shall be measured from the highest part of the subject antenna
to the highest part of the roof of the building on which said antenna
is mounted.
B. Antennas and antenna towers.
(1) Number. Not more than two antenna towers shall be permitted on any
lot.
(2) Height. The maximum height of a freestanding antenna or an antenna
tower which is mounted on the ground shall be 75 feet. Said height
shall be measured from the highest part of said freestanding antenna
or antenna tower and attached antennas to the ground at the base of
said freestanding antenna or antenna tower.
(3) Location. Antennas and antenna towers may be permitted in side and
rear yards only.
(4) Setbacks.
(a)
Freestanding antennas and freestanding or guyed antenna towers.
The minimum setback from all lot lines shall be equal to 1/2 the distance
between the highest part of the antenna or of the antenna tower, including
attached antennas, and the ground at the base of said antenna or antenna
tower.
(b)
Building-supported antennas and antenna towers. Antennas and
antenna towers which are wholly or partly supported by a building
shall comply with the minimum setbacks established for the district
in which said structures are located.
(5) Exemptions. Exempt from the regulations established in this section
are antennas which consist of a single wire, provided that said wire
is not attached to a mast, pole or antenna tower.
Telecommunications facilities may be permitted as principal
or accessory structures in any district, subject to the regulations
established hereinafter.
A. 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.
B. 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.
C. 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
(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.
D. 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.
E. 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.
F. 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.