A.
Purpose and intents.
(1)
The purpose of the Personal Wireless Service Facilities Overlay District is to accommodate the need for telecommunication facilities in appropriate areas of the Town of Catskill, while protecting the public against any adverse impacts to aesthetic resources or the public safety and welfare. The intent of this section is to:
(a)
Preserve and enhance the positive aesthetic qualities of the natural and built environment in the Town of Catskill;
(b)
Accommodate the need for personal wireless service facilities while regulating their location and number in the community;
(c)
Avoid potential damage to adjacent properties and structures from tower failure or falling ice through proper engineering and site planning;
(d)
Minimize adverse visual impacts of these facilities through careful design, siting and screening, and by encouraging attachment to existing tall structures and stealth design techniques.
(e)
Minimize the total number of personal wireless service facilities by strongly encouraging co-location on existing and future facilities.
(2)
This section is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
B.
Overlay District description. All new personal wireless service facilities, and all additions and/or modifications to currently existing personal wireless service facilities, shall be allowed only in the Personal Wireless Service Facilities Overlay District. The Personal Wireless Service Facilities Overlay District shall include all property within the following zoning districts: Highway Commercial, Industrial, Moderate Density Residential and Rural Agriculture. The Personal Wireless Services Facilities Overlay District shall also include all parcels on which an existing PWSF or other communications tower is located, and all parcels, easements or right-of-ways used by governmental agencies or public utilities, in any zoning district. In no event shall any personal wireless service facility be allowed anywhere within the Town of Catskill without completing the procedural and other requirements of the Personal Wireless Service Facilities Overlay District.
C.
Underlying zoning regulations. The requirements of the underlying zoning districts shall apply within the Personal Wireless Service Facilities Overlay District unless the provisions set forth in this section are deemed more stringent than the underlying requirements. All structures and facilities accessory to Personal Wireless Service Facilities, including but not limited to equipment sheds, parking areas, anchors, bases and pads, shall comply with the existing setback and dimensional requirements established for principal structures in the underlying zoning district, except for the height of a proposed tower or monopole.
D.
Requirement.
(1)
No personal wireless service facility shall be erected, constructed, installed, operated or modified except as set forth below, and upon issuance of site plan approval and a special use permit by the Planning Board pursuant to Chapter 160 of the Town Code. An applicant for PWSF site plan approval must be a personal wireless service provider licensed by the Federal Communications Commission (FCC), or must provide a copy of an executed contract to provide land or facilities to a licensed PWSF provider at the time that an application is submitted. A "letter of intent" is not acceptable to exhibit a binding agreement with a provider for use of said facility. No approval shall be granted for a tower or facility to be built on speculation.
(2)
At the time of submission, the applicant shall pay a personal wireless service facility application fee in accordance with the fee schedule established and annually reviewed by the Town Board.
(3)
Applicants for site plan approval shall file with the Town Clerk digital copies of the following documents, as well as two hard copies to the Town Board and two hard copies to the Planning Board.
(a)
Site plan. A site plan, in conformance with applicable site plan submission requirements and procedures contained in Chapter 160 of the Town Code. The site plan shall show elevations, height, width, depth, type of materials, color schemes, and other relevant information for all existing and proposed structures, equipment, parking, and other improvements. The site plan shall also include a description of the proposed personal wireless service facilities, and such other information that Chapter 160 of the Town Code requires.
(b)
Environmental assessment form. A completed Part 1 of the Full Environmental Assessment Form (FEAF), including the Visual EAF Addendum. Particular attention shall be given to visibility from key viewpoints identified in the Visual EAF Addendum, existing tree lines and proposed elevations. The Project Description in Part 1 of the FEAF should include the anticipated five-year build-out of the provider's telecommunications network in the Town, including any future planned personal wireless service facilities.
(c)
Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences and materials used.
(d)
Documentation of proposed height. Documentation sufficient to demonstrate that the proposed height is the minimum height necessary to provide service to locations which the applicant is not able to serve with existing facilities within and outside the Town.
(e)
Statement regarding co-location. For new personal wireless service facilities, a statement by the applicant ensuring facility will accommodate co-location of additional facilities for future users.
(f)
Structural engineering report. A report prepared by a New York State licensed professional engineer specializing in structural engineering as to the structural integrity of the personal wireless service facility, and certifying that it is designed to meet all local, state and federal structural requirements for load, including wind and ice loads. In the case of a tower or monopole, the structural engineering report shall describe the structure's height and design including a cross section of the structure, demonstrate the structure's compliance with applicable structural standards and describe the structure's capacity, including the number of antennas it can accommodate and the precise points at which the antennas shall be mounted. In the case of an antenna mounted on an existing structure, the structural engineering report shall indicate the ability of the existing structure to accept the antenna, the proposed method of affixing the antenna to the structure, and the precise point at which the antenna shall be mounted.
(g)
Engineering analysis of radio emissions. An engineering analysis of the radio emissions, and a propagation map for the proposed personal wireless service facilities. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio-communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the Federal Communication Commission (FCC) which are in effect at the time of the application. If the proposed personal wireless service facilities would be co-located with an existing facility, the cumulative effects of the facilities must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the antenna manufacturer.
(h)
Map of proposed coverage and existing and future facilities. A map showing the area of coverage of the proposed Facility and listing all existing personal wireless service facilities in the town and bordering municipalities containing personal wireless service facilities used by the applicant, and a detailed report indicating why the proposed personal wireless service facilities is required to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the Town by co-location and otherwise. This coverage map should also delineate the anticipated five-year build out of the applicant's network, including any future planned personal wireless service facilities.
(i)
Visual impact analysis. The applicant shall prepare a visual impact analysis which includes the following items. (This requirement may be waived by the Planning Board at the sketch plan conference for applications which propose co-location on an existing PWSF or attachment to an existing structure.)
[1]
Viewshed map based on a USGS 7.5' quadrangle map delineating potential visibility zones at foreground (0-0.5 miles), middleground (0.5-3.5 miles) and background (3.5-5.0 miles) from the proposed facility. All public use areas and visually sensitive resources should be identified. A minimum of eight line of site profile transacts should be delineated at 45 degree intervals.
[2]
Balloon test. Within 30 days of submitting the application, the applicant shall fly a brightly colored weather balloon at least five feet in diameter at the maximum height of the proposed personal wireless service facility, for four consecutive daylight hours. At least two weeks prior to the balloon test, the applicant shall mail notification of the date and time of the test to the Planning Board and to all landowners whose property is located within 1,000 feet of any property line of the parcel on which the facility is proposed. The applicant shall also advertise the date, time, and location of the balloon test in the Town's official newspaper seven to 14 days in advance of the test.
[3]
Photosimulation of "before and after" views of the proposed facility from key viewpoints both within and outside the Town, including, but not limited to major roads, public land, historic sites, or other locations where the site is visible to a large number of residents, visitors, or travelers.
(j)
Maximum height. The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.
(k)
Escrow account. An applicant shall deposit with the Town or designated engineering firm funds sufficient to cover the reasonable costs of expert engineering evaluations and consultation in connection with the application review. These independent engineering evaluations may include site plan, structural, radio-frequency, and other reviews as necessary. A separate escrow account will be maintained for these funds. An initial deposit of $7,500 shall accompany the filing of the application, and subsequent deposits may be required to maintain a balance of no less than $2,500. At the conclusion of the review, any excess funds in the escrow account will be promptly refunded to the applicant. The minimal amount of the escrow deposit shall be increased from time-to-time by the Town Board.
(l)
Intermunicipal notification for new personal wireless service facilities. In order to facilitate intermunicipal cooperation, and the possible shared use of personal wireless service facilities, an applicant for a new personal wireless service facility must notify in writing the legislative body of each municipality that borders the Town of Catskill of their intended application. Notification must include a map showing the exact location of the proposed facility and a general description of the project including, but not limited to, the height of the facility and its capacity for future shared use. Documentation of this notification must be submitted to the Town with the initial application.
(m)
Public hearing. A public hearing shall be held on the proposed PWSF site plan review within 60 days of the application submission. Notice of said hearing shall be published in the Town's official newspaper at least five days prior to the hearing. Notice of the hearing shall be sent to the Greene County Planning Board for review under General Municipal Law § 239-m, accompanied by a full statement of the proposed project. The applicant shall be required to mail notice of the public hearing to all landowners whose property is located within 1,000 feet of any property line of the parcel on which the facility is proposed, at least two weeks prior to the date of said public hearing. Notification shall be made by U.S. certified mail, return receipt requested, and proof of such mailing shall be presented to the Board at the public hearing.
(n)
Performance bond or other security. Prior to issuance of a building permit, a performance bond or other security sufficient to cover the full cost of the removal and disposal of the personal wireless service facility upon abandonment of said facility shall be provided by the owner/operator. This cost shall be determined by an estimate of the town designated engineer. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the town attorney as to form, sufficiency and manner of execution. The form of security shall be limited to those permissible under NYS Town Law section 277 subsection 9 (c) IV.
(o)
Dedication of public service space. The applicant shall dedicate no less than 10 feet on the facility for use by police, fire or other emergency response, government agencies, school districts, public transportation, libraries and other public service providers, at no cost, on a first-come, first-serve basis.
E.
Criteria for site plan applications. Applicants for site plan review for the establishment of construction of personal wireless service facilities shall meet all of the following criteria:
(1)
Necessity. The applicant must prove that the proposed personal wireless service facility is necessary in order to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the Town by co-location and otherwise. Furthermore, the applicant must demonstrate that the proposed facility is the least intrusive means available to fill a significant gap in coverage. The application must document good faith efforts to secure co-location on existing personal wireless service facilities, and to secure shared use from owners of all existing tall structures in the coverage area. Any physical, technical and/or financial reasons which make co-location or shared use unfeasible must be documented.
(2)
Co-location. The co-location on existing personal wireless service facilities only within the Personal Wireless Service Facilities Overlay District shall be strongly preferred to the construction of new personal wireless service facilities.
(a)
If a new site for a personal wireless service facilities is proposed, the applicant shall submit a report setting forth in detail:
[1]
An inventory of existing personal wireless service facilities within the Personal Wireless Service Facilities Overlay District which are within a reasonable distance from the proposed Facility with respect to coverage,
[2]
An inventory of existing personal wireless service facilities in other municipalities which can be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve, and
[3]
A report on the possibilities and opportunities for co-location as an alternative to a new site.
(b)
The applicant must demonstrate that the proposed personal wireless service facilities cannot be accommodated on an existing facility within the Personal Wireless Service Facilities Overlay District or on an existing facility in another municipality due to one or more of the following reasons:
[1]
The proposed equipment would exceed the existing and reasonably potential structural capacity of existing and approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District, considering existing and planned use for those facilities.
[2]
The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be prevented or mitigated.
[3]
Existing or approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District or in neighboring municipalities do not have space on which the proposed equipment can be placed so it can function effectively and reasonably, and the applicant has not been able, following a good faith effort, to reach an agreement with the owners of such facilities.
[4]
Other reasons make it impractical to place the proposed equipment on existing and approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District or existing facilities in other municipalities.
[5]
Service to the locations to which the applicant seeks to provide service cannot be provided by existing facilities within or outside the Town.
(3)
Minimum lot size. The minimum lot size for a tower or monopole shall be equal to the square of twice the tower's or monopole's height, or the minimum lot size required by the underlying zoning district, whichever is greater.
(4)
Setbacks. Unless the FCC promulgates rules to the contrary, all personal wireless service facilities shall be separated from all existing residential dwellings by a distance of no less than 500 feet. Personal wireless service facilities must comply with all setback requirements of the underlying zoning district, or must be located with a minimum setback from any property line equal to two times the height of the tower, whichever is greater. A waiver from the property line setback may be granted by the Planning Board if such waiver would allow the new facility to be located on an existing tall structure or tower. Setbacks from towers or monopoles shall be measured from the base of the structure.
(5)
Security fencing. Security fencing, showing the location, materials and height, shall be provided, around each tower or monopole to secure the site and provide an opaque barrier. Access to the structure shall be through a locked gate.
(6)
Architectural compatibility. Whenever feasible, personal wireless service facilities shall locate on existing structures, including, but not limited to buildings, silos, water towers, utility structures, and existing communication facilities, provided that such installation preserves the character and integrity of these structures. Where a personal wireless service facility is to be attached to an existing building or structure, such facility shall be integrated into such existing building or structure in such a manner which blends with the architectural characteristics of the building or structure to the maximum extent practicable.
(7)
Placement. Unless wall-mounted on a existing roof-mounted mechanical enclosure or similar appurtenance, all antennas mounted on a roof shall be located so that visibility of the antenna is limited to the greatest extent practicable. Antennas wall-mounted on a roof mounted mechanical enclosure or similar appurtenance shall not exceed the height of the appurtenance at the point of installation.
(8)
Application shall include a copy of the Federal Communication Commission (FCC) license for the proposed facility, or copy of contract to provide a facility to a FCC licensed provider.
F.
Design guidelines. The proposed personal wireless service facility shall meet the following applicable design guidelines:
(1)
Finish/colors. Towers or monopoles not requiring Federal Aviation Administration (FAA) painting or marking shall either have a galvanized finish or be painted gray or blue gray above the surrounding treeline and gray, green or tannish brown below the surrounding treeline. Accessory structures shall maximize the use of building materials, colors and textures designed to harmonize with the natural or manmade surroundings. All finish and paint shall be nonreflective.
(2)
Illumination. No signals, lights or illumination shall be permitted on Personal Wireless Service Facilities unless required by the FAA or other federal, state or local authority.
(3)
Landscaping for towers or monopoles. For towers or monopoles, vegetative screening shall be provided to effectively screen the tower base and accessory facilities. At a minimum, screening shall consist of one row of native evergreen shrubs or evergreen trees capable of forming a continuous hedge at least 10 feet in height within two years of planting. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement toward meeting landscaping requirements. Additional screening may be required to screen portions of the structure from nearby residential property or important views. All landscaping shall be properly maintained to ensure good health and viability, for the life of the facility.
(4)
Visibility. All personal wireless service facilities shall be designed and sited to have minimum adverse visual effect on residential areas, parks or major roadways. Attachment to existing structures and stealth design techniques which mimic or integrate antenna into man-made structures such as steeples, cupolas, farm structures, flag poles, etc. are highly encouraged. When this is not feasible, tower structures offering slender silhouettes (i.e., monopoles) are preferable to freestanding lattice style structures. The Planning Board shall consider said preferences in its review of the site plan for conformance to this paragraph.
(5)
Signage. Signage shall be prohibited on personal wireless service facilities except for signage to identify the facility which is located along the right-of-way frontage. Except as specifically required by a federal, state or local authority, no signage shall be permitted on equipment mounting structures or antennas.
G.
Construction and maintenance.
(1)
Time limit for completion. A building permit must be obtained within six months after approval of a site plan for a personal wireless service facility and construction of such Facility must be completed within 12 months of receipt of the building permit. The site plan approval shall automatically expire in the event that the Building Inspector has not granted such permit and construction of the facility is not completed with the periods set forth above.
(2)
Annual inspections.
(a)
Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for structural integrity, and a copy of the inspection report shall be promptly transmitted to the Building Inspector. The structural inspection shall be performed by a New York State licensed professional engineer specializing in structural engineering. The structural inspection report shall describe the structural integrity of the personal wireless service facility, maintenance issues and repairs need or made, if any. In the event that the structural inspection indicates structural deficiencies, then the deficiencies must be remedied by the applicant at the applicants expense within the time reasonably set by the Building Inspector.
(b)
Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for radio emissions, and a copy of the inspection report shall be promptly transmitted to the Building Inspector. Radio emission inspection shall be performed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The radio emission inspection shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of co-located antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility are above the allowable limits stated within applicable FCC or ANSI standards or other applicable state or federal guidelines in effect at the time of the inspection, the applicant shall cease all use of the facility until such time as it proves to the satisfaction of the Building Inspector that the power density levels of the electromagnetic energy to be generated at the facility are below the applicable standards.
(3)
Abandonment. In the event that the use of any personal wireless service facility has been discontinued by all operators on such facility for a period of 180 consecutive days or more, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Inspector, who shall have the right to request documentation from the owner/operator of the facility regarding usage threat. Upon such abandonment, the owner/operator shall remove the facility at its own expense, and failing prompt removal, the Town may remove the Facility at the owner/operator's expense. At the applicant's expense, the site shall be returned to the maximum extent practicable, to its original condition. All site plan approvals, variances and approvals of any nature granted by the Town shall automatically expire as of the date of abandonment of the facility.
H.
Alteration of an existing antenna. Alteration of an existing antenna which results in an increase in the size or height of the equipment mounting structure may be permitted only after application to the Planning Board which shall review the matter as if the alteration were an entirely new application for a site plan approval. Site plan review is not required in the case of minor modifications to antennas which do not result in an increase to the overall height of the structure. However, the following documents must be submitted to the Town Clerk for review and approval by the Town's expert engineering consultant(s) at the applicant's expense:
(1)
Plans, elevations and details of the proposed alterations. Certification by a New York State licensed engineer specializing in structural engineering that the structure is capable of carrying the design load of the proposed alterations, and that the modifications will not result in an increase in the overall height of the structure.
(2)
Certification by a New York State licensed engineer with expertise in radio-communication facilities that the total radio-frequency emissions generated after modification are within the allowable limits established by current FCC regulations.
I.
Exemption from this section. The following are exempted from the provisions of this section:
(1)
Machines and equipment designed and marketed as consumer products, such as walkie-talkies, ham radios not used commercial purposes, remote control toys, and cellular phones;
(2)
Hand-held, mobile, marine and portable radio communication transmitters and/or receivers;
(3)
Two-way radios utilized for temporary or emergency service communications;
(4)
Two-way radios utilized for government service communications;
(5)
Back-up wireless transmitters connected to an alarm monitoring service that transmits to a remote monitoring center in the event of an emergency when the telephone lines are inoperable, and
(6)
Over-the-air receive only devices in compliance with FCC rules and standards.