[HISTORY: Adopted by the Town Board of the Town of Niles 4-8-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter shall be referred to as the "Local Law Governing
Wireless Telecommunications in the Town of Niles."
The Town of Niles recognizes the continued and increased demand
for wireless communications transmitting facilities and the need for
the services they provide. At the same time, the Town recognizes the
valid concerns and interests its residents and property owners have
in the enjoyment of their homes and properties. Additionally, the
Town has an interest in promoting the health, safety, and the general
welfare of the residents of the Town. The purpose of this chapter
is to establish standards for the siting of wireless telecommunications
towers and antennas in a manner consistent with sound land use planning
by: minimizing adverse visual impacts of towers through careful design,
siting and screening, protection of aesthetic resources, encouraging
co-location (the joint use of towers and existing buildings and/or
structures to reduce the number of towers needed), and avoiding potential
physical damage to adjacent properties, while also allowing wireless
service providers to meet their technological and service objectives
for the benefit of the public. A special use permit shall be required
in most instances because the construction of new telecommunications
facilities possesses the potential to cause undesirable impacts which
weigh against their construction in particular locations.
This chapter is enacted pursuant to the provisions of the New
York Town Law and the New York Municipal Home Rule Law.
As used in this chapter, the following terms shall have the
meanings indicated:
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets. The term "accessory structure" does not include
offices, long-term storage of vehicles or other equipment storage,
or broadcast studios.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which
do not require construction of a new tower.
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services (PCS), paging services, radio and television broadcast services
and similar broadcast services.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
A.
No antenna or tower shall hereafter be used, erected, changed or
altered except after obtaining all necessary approvals in conformity
with this chapter. The Planning Board shall have the authority to
impose such reasonable conditions and restrictions as are directly
related and incidental to the proposed telecommunications facility,
tower or accessory structure(s).
B.
Co-located antennas. Telecommunications facilities comprised of co-located
antennas utilizing existing buildings or structures or existing towers
shall be permitted in any district upon the issuance of a building
permit, so long as such antennas or facilities do not result in an
overall increase in height of the structure, building or tower of
more than 10% of the structure, building or tower's height without
the antenna or facility.
C.
New towers. Telecommunications facilities requiring construction
of a new tower require the following approvals:
D.
Modification of existing facilities. No telecommunications facility,
tower or accessory structure shall hereafter be moved, reconstructed,
changed or altered, and no existing structure shall be modified to
serve as a telecommunications facility, tower or accessory structure,
without approval as set forth above. The Planning Board reserves the
right to require the applicant to submit a new application for such
modification depending on the extent of the modification(s) proposed
by the applicant. Notwithstanding the foregoing, telecommunications
facilities may be repaired and maintained without approval by the
Planning Board. Any and all modifications must be certified by a New
York State licensed professional engineer. A report shall be provided
to the Planning Board for each modification.
E.
No building permit or site plan approval shall be issued until the
applicant provides proof, in satisfactory form to the Planning Board,
that space on the telecommunications facility has been leased or will
be operated by a provider licensed by the FCC to provide commercial
mobile service, as that term is defined in Section 332 of the Communications
Act of 1934,[1] and as amended, in the area.
[1]
Editor's Note: See 47 U.S.C. § 153.
F.
Exemptions. Antennas used solely for residential household television
and radio reception, licensed amateur radio communications towers
no taller than 50 feet, and satellite antennas measuring one meter
or less shall be exempt from the approvals required in this chapter.
Compliance with all sections of this chapter shall be required if
a property owner seeks to employ a previously exempt structure for
use as a telecommunications facility.
G.
Public involvement. The applicant shall be required to notify all
property owners within 1,000 feet of the property line of the subject
property of any special use permit application for a telecommunications
facility no later than 30 days after submitting an application to
the Town.
A.
For each telecommunications facility requiring only a building permit, the applicant shall submit a written application and such other supporting materials as are generally required for such permits under Chapter 98, Fire Prevention and Building Construction.
B.
Each application for a special permit to construct a telecommunications
facility, other than a telecommunications facility requiring only
the issuance of a building permit, shall submit a State Environmental
Quality Review Act ("SEQRA") environmental assessment form (long form)
and a site plan prepared to scale and in sufficient detail and accuracy
showing a minimum of:
(1)
The exact location of the proposed telecommunications facility and/or
tower, together with any guy wires, tanks, equipment and guy anchors,
if applicable;
(2)
The maximum height of the proposed telecommunications facility and/or
tower;
(3)
A detail of tower type (monopole, guyed, freestanding or other);
(4)
The manufacturer's or applicant's engineer's design
drawings pertaining to installation;
(5)
The applicant's maintenance and inspection schedule;
(6)
The location, type, levels and intensity of any lighting on the tower
and/or telecommunications facility;
(7)
Property boundaries and names and addresses of adjacent landowners;
(8)
Proof of the landowners' consent if the applicant does not own
the property;
(9)
The name of the operator, owner, lessee(s) to the application;
(10)
The location of all other structures on the property and all
structures on any adjacent property within, together with the distance
of those structures to any proposed tower;
(11)
Safety analysis and certification by a licensed professional
engineer that the proposed telecommunications facility will be in
compliance with all applicable FAA and FCC laws and regulations;
(12)
The location, nature and extent of any proposed fencing, landscaping
and/or screening;
(13)
The location and nature of proposed utility easements and access
road, if applicable;
(14)
The sound levels caused by any equipment such as emergency or
standby generators and transfer switches between main power and emergency
power; and
(15)
Include in graphic and narrative form alternative designs for
the proposed new tower, including lattice and single-pole structures.
C.
The applicant must furnish a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount to be approved by the Planning Board, to be used in the event the owner fails to remove the tower, or it has not been used in accordance with § 208-7 herein, or has been ordered to be removed by the Town, because its use is no longer necessary. Such bond or security shall be automatically renewable on each anniversary until advised by the Town of Niles in writing that it is no longer needed. In the event the tower is modified in accordance with § 208-5D herein, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.
D.
In order to assist the Planning Board in evaluating visual impact,
the applicant shall submit color photo simulations showing the proposed
site of the tower with a photorealistic representation of the proposed
tower as it would appear viewed from all adjacent residential properties,
from the perspective of the nearest shoreline of Skaneateles Lake
or Owasco Lake (whichever is closer), any area visible to a large
number of visitors or travelers, and from adjacent roadways, including
"before" and "after" views. A zone of visibility map shall be provided
to determine location from where the tower may be seen.
E.
The applicant must submit proof that it has made all reasonable efforts
to procure antenna space on an existing telecommunications facility,
building or other structure and that the proposed antenna cannot be
co-located or that the cost of such co-location would exceed the cost
of a new facility by at least 50%.
The following criteria and additional requirements shall apply
to each application for a special use permit for a telecommunications
facility:
A.
Setbacks. All towers shall be set back at least 1.5 times the height of the tower from the edge of the tower to all adjacent property lines and all public or private roads. All other structures must comply with building setback requirements set forth in § 164-8 of the Code.
B.
Height. No new telecommunications facility shall exceed 150 feet
in height including the height of any lightning rods and exterior
lighting, or other support mechanisms.
C.
Aesthetics. No new telecommunications facility shall be approved
if it will have a materially adverse aesthetic impact on adjoining
or nearby property, or on the character of the region. The aesthetic
impact and visual impact of a proposed telecommunications facility
on nearby properties shall be weighed when deciding whether to issue
a special use permit. The Town of Niles is an exceptionally scenic
area noted for the striking beauty of its farmland, forests, Skaneateles
Lake and Owasco Lake. Any new tower and its support structures will,
to the maximum extent practicable, blend with the background, vegetation,
other structures or other landscape features as seen from all significant
potential public viewing points and as documented by simulation and
other visual analysis methods. The Planning Board may require a telecommunications
facility to be buffered to the maximum extent practical and technologically
feasible to ensure compatibility with surrounding land uses and aesthetics.
In order to minimize adverse aesthetic effects on neighboring residences
to the extent possible, the Planning Board may impose reasonable conditions
on the applicant such as requiring that the applicant use landscaping
to screen the base of the tower and/or accessory structures. The use
of lighting that may be visible from nearby properties and the impact
of those lights shall be weighed.
D.
Neighboring properties. No new telecommunications facility shall
be approved if it will have a materially adverse impact upon adjoining
or nearby properties. The impact of the proposed telecommunications
facility on the character of the neighborhood and nearby property
values shall be weighed.
E.
Town resources. Any undue adverse impact on natural, physical, social,
and economic resources of the Town shall be avoided.
F.
Parking. A road turnaround and two parking spaces shall be provided
to assure adequate emergency and service access. Maximum use of existing
roads, public or private, shall be made. No parking space shall be
located in any required setback.
G.
Security. All towers and guy anchors, if applicable, shall be enclosed
by a fence not less than six feet in height or otherwise sufficiently
secured to protect them from trespassing or vandalism.
H.
Lighting. Towers and telecommunications facilities shall not be artificially
lighted, unless required by the FAA or other applicable state or federal
authority. If lighting is required, the lighting design chosen shall
minimize or avoid light shining onto other properties.
I.
Signs and advertising on towers. The use of any portion of a tower
for signs other than warning or equipment information signs is prohibited.
J.
Compliance with laws. The applicant must comply with all applicable
local, state and federal regulations including, but not limited to,
FAA and FCC regulations.
K.
Removal of obsolete/unused facilities. The applicant shall agree,
in writing, to remove the antennas, driveways, structures, buildings,
equipment sheds, lighting, utilities, fencing, gates, accessory equipment
or structures, as well as any tower(s) dedicated solely for use within
a telecommunications facility if such facility becomes obsolete or
ceases to be used for its originally intended purpose for 12 consecutive
months or more. Removal of such obsolete and/or unused towers or antennas
shall take place within six months of cessation of use. Such agreement
shall also include a commitment by the applicant to impose a similar
obligation to remove any unused and/or obsolete tower or antennas
upon any person subsequently securing rights to co-locate on the tower
or telecommunications facility. Upon removal of said facility, the
land shall be restored to its previous condition, including but not
limited to the seeding of exposed soils.
L.
Site plan approval. The applicant must obtain site plan approval
for the project either concurrently or prior to the issuance of a
special use permit.
M.
Future shared use. The applicant shall design a proposed new telecommunications
tower to accommodate future demand for reception and transmitting
facilities. The applicant shall submit to the Planning 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 Code Enforcement Officer
prior to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the special
permit. The letter shall commit the new tower owner and his/her successors
in interest to:
(1)
Respond within 90 days to a request for information from a potential
shared use applicant.
(2)
Negotiate in good faith concerning future requests for shared use
of a new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay reasonable charges. The charge may include
but is not limited to a pro rata share of the cost of site selection,
planning, projection administration, land costs, site design, construction
and maintenance financing, return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
The Planning Board shall open a public hearing no later than
62 days from the day the Planning Board deems the application to be
complete. The Planning Board shall mail notice of the public hearing
to all property owners within 1,000 feet of the site. The Planning
Board shall make a decision on the application no later than 62 days
after the public hearing is closed. The decision of the Planning Board
shall be filed with the Town Clerk no later than five days after the
decision is rendered.
Any violation of this chapter shall be punishable by a fine of $200 per day. Repeat violators may be subject to revocation of their special use permit and subsequent removal pursuant to § 208-7K.
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Town Board of the Town of Niles hereby declares that it would
have passed this chapter or the remainder thereof had such invalid
application or invalid provision been apparent.
The Planning Board shall have the authority to require the applicant
to provide a road preservation plan in the event that the Planning
Board concludes that a proposed project will result in damage to a
"Town highway" exceeding normal wear and tear expected due to "baseline
traffic."
A.
"Baseline traffic" means recurring ambient traffic presented on an
annualized basis. It includes typical daily activities on Town highways
such as passenger vehicles, school buses, delivery vehicles, garbage
trucks, and normal commuter and business traffic. Baseline traffic
is the cause of normal wear and tear for which a Town highway is constructed.
Baseline traffic does not include unusual heavy traffic occurring
on a temporary basis for such things as construction activity.
B.
"Town highway" shall mean the improved or unimproved lanes of travel
of any roadway (excepting county and state roads and highways), plus
all related improvements and appurtenances, including, but not limited
to, ditches, swales, culverts, bridges, tunnels, shoulders, guard
rails, signs, concourses, driveways, easements, rights-of-way, sluice
pipes, sidewalks, and any utilities or improvements therein, thereon
or thereunder, regardless of whether such roadway is a highway by
use, by implication, or by dedication. Further, as to any dedicated
roadway, the whole of the Town's title in fee, including any
improvements within, adjacent to, or benefitting the roadway, including
trees, plants, and all lateral and subjacent rights in support, shall
be deemed a part of the "Town highway."
C.
If required by the Planning Board, the applicant shall provide a
haul route that will be used by the Town Highway Superintendent to
calculate the estimated cost to repair damage likely to be caused
by construction activity. The applicant shall provide a performance
bond, or some other mutually acceptable form of security, in the amount
determined by the Town Highway Superintendent prior to the commencement
of any construction activity. Following the completion of all construction
activity, the Town Highway Superintendent shall inspect all Town highways
on the haul route and provide an estimate of the cost to repair all
damage caused by the construction activity. The performance bond,
or a mutually acceptable form of payment, shall be used to fund the
necessary repairs. The Town may elect to perform the repairs itself
or use a private contractor. A permanent certificate of completion
for the project shall not be issued until all repairs are completed.
D.
The Planning Board, in its sole discretion, may waive any requirement
of this section if deemed to be unnecessary to protect the public
interest.
The applicant shall reimburse the Town of Niles for all professional fees incurred related to the review of an application pursuant to § 94-10 of the Code of the Town of Niles.
This chapter shall take effect immediately upon filing in the
Office of the New York State Secretary of State.
