[Added 2-1-2021 by L.L. No. 2-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. VIII,
Cell Towers, added 10-3-2016 by L.L. No. 3-2016, as amended 12-4-2017 by L.L. No. 1-2017.
This telecommunications article is adopted pursuant to Article
16 of the New York State Town Law, which grants New York towns the
authority to enact and amend zoning regulations to govern land use
within the Town boundaries. The Town of Verona is authorized to delegate
special use permit review to the Zoning Board of Appeals ("ZBA") pursuant
to Town Law § 274-b. The ZBA is hereby authorized to review
and approve, approve with modifications, or disapprove telecommunications
tower special use permits in accordance with Article 16 of the Town
Law of New York State, §§ 274-a and 274-b.
The Town of Verona recognizes the public demand for telecommunications
services and the need for the infrastructure such as towers and associated
structures to support such telecommunications services. The Town also
recognizes that residents may have objections to the installation
of these structures based on aesthetic and environmental concerns.
The intent of this article is to balance these concerns and to regulate
telecommunications facilities in accordance with the Telecommunications
Act of 1996,[1] as modified, regulated and amended, by:
A.
Accommodating the need for telecommunication towers while regulating
their location and number in the community.
B.
Minimizing adverse visual impacts of these towers/antennas while
regulating their location and number in the community.
C.
Preserving and enhancing the positive aesthetic qualities of the
built and natural environment in the Town of Verona.
D.
Avoiding potential damage to adjacent properties through engineering
and proper siting.
E.
Requiring the joint use of towers, when available, and encouraging
the placement of antennas on existing structures, to reduce the number
of such towers in the future.
F.
Preserving property values of Town of Verona residents.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
As used in this article, the following terms shall have the
following meanings:
An accessory facility or structure serving or being used
in conjunction with a telecommunications tower, and located on the
same lot as the telecommunications tower, including utility or transmission
equipment storage sheds.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include, but not be limited
to, radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
Telecommunication towers and associated antennas and accessory
structures.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures.
It is a structure intended for transmitting and/or receiving radio,
audio, television, telephone or microwave communications but excluding
those used either for fire, police and other dispatch communications,
also excluding private radio and television reception and private
citizens bands, amateur radio and other similar communications.
A special use permit is required for any installation of a telecommunications
tower. No special use permit or renewal thereof or modification of
a current special use permit relating to a telecommunications facility
shall be authorized by the Zoning Board of Appeals unless it finds
that such telecommunications facility:
A.
Is necessary to meet current demands for service, and is the minimum
height necessary to provide cellular service to the affected area;
B.
Conforms with all applicable regulations promulgated by the Federal
Communications Commission (FCC), the Federal Aviation Administration
(FAA), U.S. Environmental Agency (EPA) and other federal agencies,
including possession of the required permits from such agencies;
C.
Is designed and constructed in a manner which minimizes visual impact,
buffered to the maximum extent practical and technologically feasible
to help ensure compatibility with surrounding land uses;
D.
Complies with the other requirements of this chapter;
E.
Is an appropriate site among those available within the technically
feasible area for the location of a telecommunications facility;
F.
Is designed to allow future shared use by at least one other telecommunication
service provider. Any subsequent location of telecommunication equipment
by other service providers on existing towers specifically designed
for shared use shall not require a new or modified special permit
if there would be no increase in the height of the tower.
G.
The height of such tower shall be a maximum of 125 feet.
H.
Compliance with the New York State Environmental Quality Review Act,
otherwise known as "SEQRA."
All telecommunications tower special use permit applications
shall be submitted to the Zoning Board of Appeals, including:
A.
Special use permit application form;
B.
Proof of mailing by the applicant to all property owners within 500
feet of the boundaries of the property on which the tower is to be
constructed notice of the application;
C.
Special use permit application fee;
D.
Site plan review application, including a long form Environmental
Assessment Form (EAF) as promulgated by the New York State Department
of Environmental Conservation;
E.
Site plan (which may be reviewed by the ZBA, or referred to the Planning
Board at the ZBA's option) prepared to scale and in sufficient
detail and accuracy to show:
(1)
The exact location of the proposed tower, together with the exact
location of any guy wires and guy anchors;
(2)
The maximum height of the proposed tower;
(3)
A detail of tower type (monopole, guyed, freestanding, other);
(4)
Color of the tower;
(5)
The location, type and intensity of any lighting on the tower;
(6)
The property boundaries with a property survey;
(7)
Proof of the landowner's consent if the applicant will not own
the property;
(8)
Location of all structures on the property (including elevation)
and all structures on any adjacent property within 50 feet of the
property lines, including the distance of these structures to the
tower;
(9)
The names of the adjacent landowners;
(10)
Location, nature and extent of any proposed fencing, landscaping
and screening, which should eliminate visibility to the extent practical.
Fencing around guy wires and tower should be at least eight feet high
in order to protect against trespassing, vandalism and injury;
(11)
Location and nature of proposed utility easements and access
roads;
(12)
Emergency access must be detailed, including ingress/egress
roads for first responders.
F.
"Before" and "after" propagation studies prepared by a qualified
radio frequency engineer (signed and sealed by an engineer registered
in the State of New York), demonstrating existing signal coverage,
contrasted with the proposed signal coverage resulting from the proposed
telecommunications facility.
G.
A search ring prepared by a qualified radio frequency engineer and
overlaid on an appropriate background map demonstrating the area within
which the telecommunications facility needs to be located in order
to provide proper signal strength and coverage to the target cell.
The applicant must be prepared to explain to the Zoning Board why
it selected the proposed site, discuss the availability or lack of
availability of a suitable structure within the search ring which
would have allowed for a co-located antenna(s), and to what extent
the applicant explored locating the proposed tower in a more intensive
use district.
H.
Reasonable additional visual/aesthetic information as the ZBA deems
appropriate on a case-by-case basis. Such additional information may
include, among other things, enhanced landscaping plans, line-of-sight
drawings and/or visual simulations from viewpoints selected by the
Town ZBA.
I.
A statement from an NYS licensed engineer that a good-faith attempt
has been made to co-locate on an existing tower, regardless of whether
such existing tower exists within the Town boundaries. If co-location
is not proposed, proof that co-location has been researched and is
not feasible, with supporting documentation of this opinion. The applicant
must submit a copy of its policy permitting co-location on the proposed
tower with other potential future applicants. Such policy should allow
co-location.
J.
Towers should be designed and sited as to avoid, whenever possible,
application of FAA lighting and painting requirements. Towers shall
not be artificially lighted except as required by the Federal Aviation
Administration (FAA). Towers shall be of a nonreflective finish, the
color of which shall be subject to approval. Any lights which may
be required by the FAA shall not consist of strobe lights, unless
specifically mandated by the FAA.
K.
No tower shall contain advertising devices. A small sign on the fencing
shall be placed to identify the ownership of the facility and a telephone
number for emergencies.
L.
If the applicant is not the telecommunications provider, sufficient
evidence to show they are properly affiliated with such provider.
The applicant shall agree to remove the tower if the telecommunications
facility becomes obsolete or ceases to be used for its intended purpose
for 12 consecutive months. The ZBA shall require the applicant to
provide a demolition bond (in an amount determined by the ZBA based
on the cost of removal, with an escalation rate to keep up with inflation)
for purposes of removing the telecommunications facility in case the
applicant fails to do so as required above. The applicant shall submit
potential cost for removal.
During the application process and every three years after construction
of the tower, the applicant/owner shall provide to the Code Enforcement
Officer a certification from a qualified, professional engineer, certifying
that the tower meets applicable structural safety standards, and that
the telecommunications facility has been maintained in good order
and repair.
A.
The special use permit holder may repair and maintain existing telecommunications
facilities without restriction.
B.
Mere co-location does not require a special use permit, but still
is subject to site plan review.
C.
Satellite antennas used for television or radio purposes are exempt
from the provisions of this article, provided they are less than one
meter in height.
D.
If federal or state law conflicts with any part of this article,
then such federal or state law shall preempt any such part of this
article, which shall not affect the validity of this article's
remaining sections.
A.
The owner/applicant must submit to the ZBA a completed, written special
use permit application and site plan;
B.
The special use permit is considered by the ZBA at a public hearing
conducted within 62 days of submission of the complete application;
C.
The ZBA will send written notice of the public hearing to all property
owners within 500 feet of the boundaries of the property on which
the proposed tower will be located, at least five days before such
hearing;
D.
If the owner/applicant satisfies the requirements for a special use permit set forth above, the application proceeds to site plan review in order to ensure the plan satisfies the standards found in § 262-55E above and the general site plan review process of the Town of Verona;
E.
The special use permit approval by the ZBA is contingent on the receipt
of a bond for the demolition of the telecommunications tower, with
an escalation rate for future costs of demolition received within
10 business days of written special use permit approval, and said
bond shall be subject to the approval of the ZBA and the Town Attorney.
F.
This chapter is meant to control towers and similar facilities in
the town. Unless specifically referenced in this chapter, other sections
of the Zoning Law are intended to be inapplicable (such as height
limitations normally required in the relevant zoning district).
G.
If the applicant obtains the approvals required by this section,
the applicant must then apply to the Town Code Enforcement Officer
for a building permit prior to the commencement of construction.
Any telecommunications facility that subsequently fails to meet
the requirements of the special use permit shall have that permit
revoked, and the telecommunications facility shall be removed within
90 days of the notification of revocation by the Town.
The special use permit application fee for a telecommunications
facility shall be $2,000, which includes the site plan fee. The owner/applicant
shall also be responsible to pay any additional reasonable costs incurred
by the Town for outside consultants in reviewing the application.
The building permit application shall be $300.
If any section of this article shall be deemed unconstitutional
or otherwise invalid by a court of competent jurisdiction, the balance
of this article shall remain in full force and effect.
