See the definitions in Article
XVI and the following:
PUBLIC RIGHTS-OF-WAY or "PROW"
Real property for or devoted to i) public transportation
purposes; or ii) the placement of the Town's municipal utility easements
and other traditional uses along a transportation route, whether by
dedication, prescription, or otherwise, as well as the spaces above
and below. In addition to the foregoing, the definition of "right-of-way"
includes, without limitation, public highways, streets, avenues, alleys,
sidewalks, bridges, aqueducts, and viaducts within the Town.
PUBLIC UTILITY
Persons, firms or corporations supplying gas, electricity,
water, power, transportation or land-line telephone to the general
public. For purposes of this chapter, personal wireless telecommunications
service facilities shall not be considered a public utility and are
defined separately.
SMART POLE
A term used for modern standards that have distinguishing
features, including i) designs that blend into the environment; ii)
the ability to carry telecommunications equipment completely internally,
often with capacity for multiple SCTF antennas; and iii) are designed
for co-location with other modern services desirable in high-tech
communities, such as intelligent LED lighting, electric vehicle charging,
LED signage, cameras, emergency assistance, and battery backup.
TELECOMMUNICATIONS ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations,
designed and used to shelter telecommunications equipment and/or to
support telecommunications facilities.
The following information shall be contained in the application:
A. State Environmental Quality Review Act (SEQRA) environmental assessment
form (EAF): a completed EAF, including the visual EAF addendum. The
visual assessment report shall include appropriate models and photography
assessing the visibility from key viewpoints identified in the visual
EAF addendum, existing tree lines, and proposed elevations.
B. Landscape plan (if requested at the preapplication meeting).
C. Preliminary report prepared by a licensed professional engineer describing:
(1)
Feasibility of co-location on existing structures and telecommunications
facilities;
(2)
Required improvements or construction activities, including
those within the public right-of-way or lands owned or controlled
by the Town of Wheatfield;
(3)
Plans for construction of a telecommunications accessory equipment
building or structure, if needed;
(4)
Proposed mitigation measures for visual impacts;
(5)
Proposed safety measures.
D. In the case of a telecommunications antenna/SCTF mounted on an expanded
existing structure, additional information shall be provided indicating
the existing structure's suitability to accept the telecommunications
antenna/SCTF, the proposed method of affixing the telecommunications
antenna/SCTF to the structure, and complete details of all fixtures
and couplings, and the precise point of attachment shall be indicated.
E. A site plan, in conformance with applicable site plan submission
requirements under this chapter. The site plan shall show all existing
and proposed structures, equipment, parking, and other improvements.
Elevations of existing and proposed structures shall also be provided,
showing height, width, depth, type of materials, color schemes, and
other relevant information. All features of the facility necessary
for providing access, electrical service, land-based telephone line
connection and/or microwave link capability within the property boundaries
of the proposed location shall be shown.
F. In the case of an application for an SCTF to be located on private
lands owned by a party other than the applicant or the Town, a copy
of the lease agreement with the property owner shall be provided (redacted
as necessary).
G. Such other information as may be required by the Planning Board or
the Town Engineer or Building Inspector, or other Town consultant.
H. The application fee in accordance with and as described in the Town's
Schedule of Fees shall be included with the application.
If the applicant violates any of the conditions of its approval
or violates any other local, state or federal laws, rules or regulations,
this shall be grounds for revocation of the site plan approval or
agreement. Revocation may occur after the applicant is notified of
the violations and the Planning Board holds a hearing on same.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, and the general welfare. It
is not intended to interfere with, abrogate, or annul other rules,
regulations or laws, provided that whenever the requirements of this
article are at variance with the requirements of any other lawfully
adopted regulations, rules, or laws, the most restrictive, or those
which impose the highest standards, shall govern.
If any section, subsection, phrase, sentence, or other portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.