Town of Webster, NY Communications Towers

Prior to the issuance of a special use permit by the Town Board or site plan approval by the Planning Board, the following requirements shall be complied with:

Application and site plan. All applications for a special use permit and site plan approval shall be by written application on forms provided by the Town of Webster Department of Public Works. The application shall include a site plan setting forth specific site data on a map, acceptable in form and content to the Town Board or Planning Board, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:

(1)

The location of property lines and permanent easements.

(2)

The location of the communications tower, together with guy wires and guy anchors, if applicable.

(3)

A side elevation or other sketch of the tower showing the proposed antennas.

(4)

The location of all structures on the property and all structures on any adjacent property within 10 feet of the property lines, together with the distance of these structures to the communications tower.

(5)

The names of adjacent landowners as appears on the Town of Webster Assessor's records.

(6)

The location, nature and extent of any proposed fencing, landscaping and/or screening.

(7)

The location and nature of proposed utility easements and access road, if applicable.

(8)

Inventory of other communications towers within a two-mile radius of the proposed site.

(9)

A completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. A board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

(10)

A grid or map of all of the owner's/applicant's existing communications tower site areas in the Town of Webster and site areas proposed or projected by the owner/applicant for installations for a period of two years.

Preference for higher-intensity use districts. The Town Board or Planning Board may express a preference that the proposed facility be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically feasible and available location. A guideline for the preference, from most favorable to least favorable district/property, is as follows:

(1)

Property with an existing structure suitable for colocation.

(2)

Commercial districts.

(a)

I-N Industrial District.

(b)

HC High-Intensity Commercial District.

(c)

CO Commercial Outdoor Storage District.

(d)

MC Medium-Intensity Commercial District.

(e)

LC Class II Low-Intensity Commercial District.

(f)

LC Class I Neighborhood Commercial District.

(3)

Municipal- or government-owned property.

(4)

Residential districts.

(a)

MHR Medium-High Residential District.

(b)

LMR Low-Medium Residential District.

(c)

R-3 Single-Family Residential District.

(d)

R-2 Single-Family Residential District.

(e)

R-1 Single-Family Residential District.

(f)

LL Large-Lot Single-Family Residential District.

(5)

WD Waterfront Development District.

(6)

Environmental Protection Overlay Districts:[1]

(a)

EPOD (2) Steep Slopes Protection District.

(b)

EPOD (3) Woodlot Protection District.

NOTE: Any request by the Town Board or Planning Board for information on a preferred alternate site shall not unreasonably delay the application.

[1]

Editor's Note: Original § 95-12B(6)(a) of the 1991 Code, EPOD (1) Floodplain Protection District, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Shared use.

(1)

At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.

(2)

An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease required to accommodate shared use.

(3)

In the case of new communications towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure share use from existing towers. Copies of written requests and responses for shared use shall be provided.

(4)

The applicant must examine the feasibility of designing a proposed commercial communication tower to accommodate future demand for commercial broadcasting and reception facilities. The scope of this analysis shall be determined by the Town Board for special use permits or the Planning Board for site plan approvals. This requirement may be waived, provided that the applicant demonstrates that the provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:

(a)

The number of FCC licenses foreseeably available for the area;

(b)

The kind of tower site and structure proposed;

(c)

The number of existing and potential licenses without tower spaces/sites;

(d)

Available spaces on existing and approved towers; and

(e)

Potential adverse visual impact by a tower designed for shared usage.

Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, a board may impose reasonable conditions on the applicant, including the following:

(1)

All communications towers and accessory facilities or structures shall be sited to have the least practical adverse visual effect on the environment.

(2)

A monopole or guyed tower (if sufficient land is available to applicant) instead of a freestanding communications tower shall be used.

(3)

Reasonable landscaping consisting of trees or shrubs to screen the base of the communications tower and/or to screen the tower to the extent possible from adjacent residential property shall be used. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.

(4)

The applicant shall show that it has made good-faith efforts to colocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.

(5)

Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as required by the FAA. Towers shall be painted a galvanized finish or matte gray unless otherwise required by the FAA.

(6)

No communication tower shall contain any signs or advertising devices, except those signs containing emergency contact information are permitted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(7)

Accessory facilities and structures shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

Setbacks.

(1)

All communication towers and accessory structures shall be set back from abutting residential parcels, public property or right-of-way lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.

(2)

All communication tower bases must be located at a minimum setback from any property line at a distance at least equal to the tower height, or the distance between the tower base and guy wire anchors, or the minimum setback of the underlying zoning district, or a minimum setback at a distance which shall be established at the discretion of the Planning Board as part of the site plan approval procedures based on the unique characteristics of the site, whichever of the foregoing is greater. The minimum setback requirement of this subsection may be increased at the discretion of Planning Board as part of the site plan approval procedures or it may be decreased in those instances where the owner/applicant has submitted plans for a tower design in such a manner as to collapse within a smaller area. Such tower design and collapse zone must be acceptable to the Town Commissioner of Public Works or his/her division heads or agents or designees and the Town Building Inspector.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3)

All accessory structures must comply with the minimum setback requirements of the underlying zoning district.

Radio-frequency effects. It is recognized that federal laws [Telecommunications Act of 1996, Public Law 104-104, Section 704 (February 8, 1996)] prohibits the regulation of cellular and personal communication services communications towers based on the environmental effects of radio frequency emissions where those emissions comply with the Federal Communications Commission (FCC) standards for those emissions. A board may, however, impose a condition on the applicant that the communications antennas be operated only at FCC-designated frequencies and power levels.

Traffic, access and safety.

(1)

All road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.

(2)

All communications towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism.

(3)

The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear-cutting of all trees in single contiguous areas exceeding 20,000 square feet shall be prohibited.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all communication towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Bond/security. The applicant and the owner of record of the premises may be required to execute and file with the Town Clerk of the Town of Webster a bond or other form of security acceptable to the Town Attorney and Town Director of Finance as to form and manner of execution, in an amount sufficient for the faithful performance of the terms and conditions of this chapter, the conditions of the permit or approval issued hereunder, for the observation of all Town local laws or ordinances, to cover the maintenance of the tower during its lifetime and provide for its removal. The amount required shall be determined by the Town Board in its special use permit procedure or the Planning Board in its site plan approval procedure if no special use permit is required. In the event of default upon the performance of any of such conditions or any of them, the bond or security shall be forfeited to the Town of Webster, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure and site restoration.

Expiration. The special use permit and site plan approval shall expire upon:

(1)

The failure to commence active operation of the transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure within 12 months of the issuance of a special use permit by the Town Board or final site plan approval by the Planning Board; or

(2)

The discontinuance of the active and continuous operation of the transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna, pole or accessory facility/structure for a continuous period of 12 months, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations.

(3)

From time to time, the Town Board or the Planning Board, at the Town Board's direction, may review the special use permit or site plan approval to ascertain if the requirements, conditions and restrictions of this chapter are being substantially complied with in good faith. In the event that, upon review, the Town Board finds that site is not in accordance with the approved building and site plans, and the requirements, conditions and/or restriction of this chapter or of the special use permit are not being substantially complied with, the enforcement procedures under § 130-25 shall be invoked and/or the special use permit shall be canceled or terminated within a specified period of time unless the requirements, conditions and restrictions are complied with after reasonable notice.

Conditions. A board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna and/or pole, special use permit or site plan.