This chapter shall be known and may be cited
as the "Town of Webster Communication Installation, Freestanding Tower,
Satellite Dish, Antenna and Pole Local Law."
The Town Board of the Town of Webster, Monroe
County, New York, acting under the authority of the Town Law of the
State of New York, hereby adopts and enacts this chapter as its Communication
Installation, Freestanding Tower, Satellite Dish, Antenna and Pole
Local Law.
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with a communications tower, and located on the same
lot as the communications tower, including utility or transmission
equipment storage sheds or cabinets.
ANTENNA
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.
COMMUNICATION TOWER
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications but excluding those used either for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar communications.
EPA
The Environmental Protection Agency.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FLAGPOLE
A pole used exclusively for the display of a flag, pennant
or insignia of any nation or group of nations or of any state, city
or other political unit or of any political, educational, charitable,
philanthropic, civic, professional, religious, campaign, drive, movement
or event.
MICROWAVE
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
SATELLITE ANTENNA
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.
SPECIAL USE
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions of such use subject
to the approval of the Town Board.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
TOWER
Any tower, pole, windmill or other structure, whether attached
to a building, guyed or freestanding, designed to be used for and/or
for the support of any device for the transmission and/or reception
of radio frequency signals, including but not limited to broadcast,
shortwave, citizen's band, FM or television, microwave and any wind-driven
devices, whether used for energy conservation or not.
The following are exempt from the application
of this chapter:
A. The repair and
maintenance of existing communications towers and antennas.
B. Antennas used
solely for the residential household television and radio reception.
C. Satellite antennas
one meter (39.37 inches) or less in diameter, building mounted, installed
according to manufacturer's recommendations, adequately secured and
meeting all electrical code requirements regardless of the zoning
district in which it is located. For safety reasons, no such satellite
antenna shall be placed on a fire escape, placed so as to impair ingress
or egress to a building or structure nor placed within 10 feet of
a power line.
D. Satellite antennas
measuring two meters (78.74 inches) or less in diameter, building
mounted, installed according to manufacturers recommendations, adequately
secured, meeting all electrical code requirements and located in the
following commercial districts: I-N Industrial District, HC High-Intensity
Commercial District, MC Medium-Intensity Commercial District, LC Class
I Neighborhood Commercial District, LC Class II Low-Intensity Commercial
District and CO Commercial Outdoor Storage District. For safety reasons,
no such satellite antenna shall be placed on a fire escape, placed
so as to impair ingress or egress to a building or structure nor placed
within 10 feet of a power line.
E. Lawful or approved
uses existing prior to the effective date of this chapter.