[HISTORY: Adopted by the Board of Trustees of the Village of Minoa
3-3-2003 by L.L. No. 2-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
A.
While the federal government has regulated the commercial
mobile service and wireless industry, it has left the regulation with regard
to placement, aesthetics, construction, and other related issues to local
control.
B.
Local governments may not exclude such uses or unreasonably
discriminate among providers of functionally equivalent services.
C.
According to federal law, local governments may not regulate
such uses on the basis of radio frequency radiation (rfr).
D.
The technology underlying commercial mobile services
requires that transmitting facilities be located in proximity to one another,
as calls are passed from one service cell to another in relay fashion.
E.
The Village of Minoa, New York ("Village") has an interest
in minimizing the number and height of towers that are located within its
borders due to the proximity of the international airport and given the fact
the Village is predominately a low-rise developed municipality.
F.
Aesthetics are an important consideration in the quality
of life in the Village, and the towers are determined to be aesthetically
detrimental to the Village and have a negative impact upon surrounding properties,
especially residential properties.
G.
In many cases, antennas mounted on existing structures
can provide the same level of commercial mobile service with minimal or no
aesthetic impacts upon neighboring uses.
H.
Where the construction of new towers is necessary in
order to provide commercial mobile services, often it is possible to house
more than one such provider on a given structure, thus reducing the proliferation
of new tower construction.
The Village acknowledges the need, demand and national policy supporting
the availability of personal wireless services to the public. At the same
time, the Village recognizes the valid concerns and interest its residents
and property owners have in the enjoyment of their homes and properties. The
purpose of these provisions relating to personal wireless service is to provide
for the health, safety, and welfare of the property owners and residents of
the Village; to encourage the location of personal wireless service towers,
to the extent they are needed, in nonresidential areas of the Village; to
encourage the shared use of existing and new towers as a means of reducing
the overall need for towers in the Village; to minimize the adverse impacts
of personal wire service facilities located in the Village; to balance the
competing needs of such uses and their neighbors while at the same time accommodating
the public interest in and demand for such services; and to avoid potential
damage to adjacent properties from tower failure through structural standards
and setback requirements; and to further regulate the siting of any tower
structure in the Village, especially those exceeding 100 feet in height, whether
they are used for personal wire service, microwave relay or any other purpose.
As used in this chapter, the following terms shall have the meanings
indicated:
Accessory buildings and structures, including base stations designed
and used to shelter equipment and/or to support PWS. The term "accessory structure"
does not include offices, long-term storage of vehicles or other equipment
storage, or broadcast studios.
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as panels and
microwave dishes, and omnidirectional antennas, such as whip antennas.
Commercial mobile services, unlicensed wireless services, and common
carrier wireless exchange access services as defined by § 704 of
the Federal Telecommunications Act.
Any ground or structure-mounted pole, spire, or combination thereof
taller than 15 feet, including supporting lines, cables, wires, braces and
masts, built for the purpose of mounting an antenna or similar apparatus above
grade.
A.
No antenna or tower shall hereafter be used, erected,
changed or altered except after obtaining a special use permit in conformity
with this law.
B.
The Zoning Board of Appeals ("Zoning Board") is hereby
authorized to review and approve, approve with modifications or disapprove
special use permits pursuant to this law and Village Law § 7-712-a.
The Zoning Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related and incidental to the proposed antenna,
tower or accessory structures.
C.
Upon filing, the application for tower or antenna siting
must be referred to the Village Planning Board ("Planning Board") for expedited
review and recommendation to the Zoning Board. An applicant may make a brief
oral statement in support of its application before the Planning Board. The
Planning Board will then make its recommendations as to the issuance of a
special use permit site plan requirements and refer the matter to the Zoning
Board. If the applicant desires to be heard regarding modifications of the
Planning Board's recommendations, it must file with the Village a waiver of
its right to an expedited determination.
A.
PWS towers shall be permitted in all districts except
for residential districts or within 350 feet of a residential district, subject
to the requirements of this law.
B.
PWS towers shall not be permitted within residential
districts or within 350 feet of a residential district unless the applicant
can prove an undue hardship such that:
(1)
The applicant shall not be able to provide service to
the area without locating where applied for in the prohibited area.
(2)
The applicant has demonstrated they are unable to collocate
on an existing tower or structure.
(3)
In residential districts or within 350 feet from a residential
district, an applicant must prove that it cannot exist on a current tower,
utility pole, building, or similar structure or improvement because of technical
reasons which would make the providing of service not possible. The fact that
extra cost is involved and/or additional antennas are required is not a defense.
C.
Excepted from the provisions of this § 145-5 shall be those properties described at § 145-25 and in addition, in the following district(s) and/or parcel(s) within such district(s) and parcel(s), such uses shall be permitted notwithstanding that same may be residential zoning districts or within 350 feet therefrom: former Smith's grocery store location, Tax Parcel No. 004-.06-01.1. As to the foregoing excepted properties, an applicant shall not be required to satisfy the provision of this § 145-5 relative to sites within residential districts or 350 feet therefrom, but shall instead be required to satisfy the provisions hereof relative to proposed sites that are not within such areas.
The following information shall be submitted in support of any application
for a PWS facility, including all towers and antennas. This information is
required in addition to any other information or documents required under
the Village Zoning Law pertaining to site plans or special or conditional
use permits:
A.
A full and complete application on a form prescribed
by the Village and with the accuracy of any technical data to be certified
or attested to by a professional engineer:
(1)
SEQRA environmental assessment form (EAF).
(2)
The manufacturer's design data pertaining to installation.
(3)
The applicant's maintenance and inspection schedule.
(4)
Identification of the effects such facility will have
on other communication facilities in the vicinity.
(5)
A safety analysis and a certification by a licensed professional
engineer that the proposed facility will be in compliance with all applicable
FAA and FCC laws and regulations.
(6)
The site owner's written consent, if the applicant is
not the owner of the site on which the applicant seeks to locate a commercial
PWS facility.
(7)
Inventory of existing sites. Each applicant shall provide
a complete and updated inventory of its existing antenna and tower sites within
the Village and within one mile of the border of the Village, including specific
information regarding the height, location, street address, tax parcel, latitude
and longitude, MSL of base, and design of each tower facility. The Village
may share this information with other applicants, and it shall be part of
the public record.
B.
A site plan in conformance with the Village's Zoning
Law which, in addition to any items required thereunder, shall include the
following items:
(1)
The name of the applicant and proposed operator, land
and facility owners and lessee(s) under the application.
(2)
The exact location on the site of the proposed facility,
including any mounting devices, appendages, storage cabinets, support or other
structures, accessory equipment, and any other materials used in connection
therewith.
(4)
The maximum height of each proposed facility and any
structure on which it is proposed to be affixed.
(5)
The location, type and intensity of any lighting.
(6)
Property boundaries and adjacent property tax map identification
numbers, property uses and zoning classifications.
(7)
Names and addresses of adjacent property owners, as contained
in public records.
(8)
Landscaping and screening plan including existing vegetation.
(9)
Location and nature of access.
(10)
Sufficient detail showing compliance with these regulations,
and the following additional submission requirements.
C.
Additional submission requirements for towers:
(1)
Identification and description of an anticlimbing device.
(2)
A report from a licensed professional engineer, which
describes the tower, including its height and design, demonstrates the tower's
compliance with applicable structural standards and describes the tower's
capacity, including the number and type of antennas it can accommodate.
(3)
A legal description (metes and bounds) of the site on
which the tower is proposed to be located, certified by New York State Surveyor.
(4)
The site plan shall also show distances between the proposed
tower structure and structures on adjoining properties within 350 feet, together
with the names and addresses of all property owners within 350 feet of the
boundary of the property on which the tower is proposed, as contained in the
public records.
(5)
A computer-imaged photograph of the tower as it would
appear on the site, including any proposed attachments, from at least four
different angles and perspectives as selected by the Village.
(6)
Identification and location of any other PWS towers located
within the Village or within one mile of the Village, regardless of ownership.
(7)
As built drawings, within 30 days after completion of
the tower construction.
(8)
A demolition bond or other security acceptable to the
Village for the purpose of removing the tower if the owner fails to do so
if the tower has not been used for a period of one year or if it has been
ordered removed by the Village because its use is no longer necessary for
the holder of the original permit.
Collocating requirements: All towers erected, constructed or located
within the Village shall comply with the following requirements:
A.
A proposal for a tower shall not be approved unless the
Zoning Board finds that an antenna planned for a proposed tower cannot be
accommodated on an existing or approved tower or building due to one or more
of the following reasons:
(1)
The antenna would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified professional
engineer, and the existing or approved tower cannot be reinforced, modified,
or replaced to accommodate the planned or equivalent antenna.
(2)
The antenna would cause interference materially and adversely
impact the use of other existing or planned and approved antenna at the tower
or building, as documented by a qualified professional engineer, and the interference
cannot be prevented at a reasonable cost.
(3)
Existing or approved towers and buildings cannot accommodate
the antenna at a height necessary to function reasonably as documented by
a qualified professional engineer.
(4)
Other documentable reasons making it infeasible to locate
the antenna upon an existing or approved tower or building.
B.
Any proposed tower shall be designed, in all respects,
to accommodate both the applicant's antennas and comparable antennas for three
or more additional users. Towers must be designed to allow for future rearrangement
of antennas upon the tower and to accept antennas mounted at varying heights.
C.
The applicant shall submit to the Board a letter of intent
committing the applicant, and all other parties in interest, to negotiate
in good faith for shared use of the proposed tower by other PWS providers
in the future. Any issuance of a permit is conditioned upon and shall commit
the new tower owner, the applicant and their respective successors and/or
assigns to:
(1)
Respond in a timely and thorough manner to a request
for information from a potential shared-use applicant.
(2)
Negotiate in good faith concerning all requests for shared
use of the new tower by other PWS providers.
(3)
Allow shared use of the new tower if another PWS provider
agrees in writing to the payment of consideration at fair market value rates.
(4)
Charge no more than a reasonable consideration for such
shared use, based on the current fair market value pricing. If there is a
disagreement between the parties as to a fair price or other collocation terms
that cannot be resolved, the Village may require the parties to submit to
expedited arbitration through the American Arbitration Association.
D.
In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall structure
or existing tower in a neighboring municipality be considered for shared use,
the Board shall require that:
(1)
An applicant who proposes a new tower shall notify in
writing the legislative body of each municipality that borders the Village,
and the Onondaga County Planning Board. Notification shall include the exact
location of the proposed tower and a general description of the project, including
but not limited to the height of the tower and its capacity for future shared
use.
(2)
Documentation of this notification shall be submitted
to the Zoning Board at the time of application.
A.
All PWS facilities must meet or exceed all applicable
federal, state, and local laws, rules and regulations, including but not limited
to any rules, standards or regulations of the FCC and the FAA. If such standards,
rules, laws or regulations are changed or amended at any time in the future,
then the owners of such facilities shall bring those facilities into compliance
with such revised regulations within six months of the effective date of such
changes or amendments, unless a more restrictive compliance schedule will
apply.
B.
The operator of any PWS facility sited within the Village
of Minoa shall submit certification on an annual basis, signed by a New York
State-licensed professional engineer, verifying that such facility is in compliance
with all applicable federal, state, and local radio frequency radiation (rfr)
emission standards. Such annual certification shall be delivered to the Village
during the month of December of each calendar year. This requirement shall
be considered a condition to any special permit issued hereunder.
A.
Towers shall be inspected annually on behalf of the tower
owner by a licensed professional engineer for structural integrity and continued
compliance with these regulations. A copy of such inspection report, including
findings and conclusions, shall be submitted to the Village development and
operations offices no later than December 31 of each calendar year.
B.
Operators shall obtain licenses for each Tower operated
pursuant to this law no later than January 31 of each year. The license fee
shall be set from time to time by the Village Board.
A.
Proof of noninterference from antenna. Each application
for installation of an antenna shall include either a preliminary or a certified
statement that the installation of the antenna, including reception and transmission
functions, will not interfere with the radio or television service enjoyed
by adjacent residential and nonresidential properties or with public safety
telecommunications. In the event only a preliminary statement is submitted
with the application, a final certified statement on noninterference will
be provided and approved by the Village prior to the issuance of a permit.
A professional engineer shall prepare the statement.
B.
Antenna safety. Antennas shall be subject to state and
federal regulations pertaining to non-ionizing radiation and other health
hazards related to such facilities. The owner shall submit evidence of compliance
with the FCD standards on a yearly basis. If new, more restrictive standards
are adopted, the antennas shall be made to comply, or the Village may restrict
continued operations. The cost of verification of compliance shall be borne
by the owner and operator of the tower.
C.
Tower lighting. Towers shall not be illuminated by artificial
means and shall not display strobe lights unless the Federal Aviation Administration
or other federal or state authority for a particular tower specifically requires
such lighting. The foregoing notwithstanding, an applicant may be required
to add FAA-style lighting and marking, if in the judgment of the Zoning Board
such a requirement would be of direct benefit to public safety. The Zoning
Board may choose the most appropriate lighting and marking plan from any options
generally acceptable to the FAA. The applicant must provide both the standard
and alternative lighting and marking plans for the Zoning Board's review.
D.
Signs and advertising on towers. The use of any portion
of a tower for signs other than warning or equipment information signs is
prohibited. Said signs shall not be larger than two square feet.
A.
Existing on-site vegetation shall be preserved to the
maximum extent practicable, and no cutting of trees shall take place prior
to an approval by the Zoning Board. Clearcutting of all trees in a single
contiguous area shall be minimized to the extent possible. The Zoning Board
may require appropriate vegetative buffering around the fences of the tower
base area and accessory structures to buffer their view from neighboring residences,
recreation areas, waterways, historic or scenic areas, or public roads.
B.
The base of the tower and any accessory structures shall
be landscaped.
C.
Towers and accessory structures shall be provided with
security fencing of not less than six feet in height to prevent unauthorized
entry.
D.
There shall be no permanent climbing pegs within 15 feet
of the ground.
E.
Motion-activated or staff-activated security lighting
around the base of a tower or accessory structure entrance may be provided
if the Zoning Board determines such lighting will not project off site.
F.
A locked gate at the junction of the accessway and any
public thoroughfare may be required by the Zoning Board to obstruct entry
by unauthorized vehicles. Such gate must not encroach into the public thoroughfare.
Towers and antennas shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural treatment,
except in instances where the color is dictated by federal or state authorities
such as the FAA. Towers shall be a galvanized finish or painted gray above
the surrounding treeline and painted gray, green, black or similar colors
designed to blend into the natural surroundings below the surrounding treeline,
unless other standards are required by the FAA. Otherwise, every antenna and
tower shall be of neutral colors that blend with the natural features, buildings
and structures surrounding such antenna and structure; provided, however,
that directional or panel antenna and omnidirectional or whip antennas located
on the exterior of a building that will also serve as an antenna tower shall
be of colors that match and cause the antenna to blend with the exterior of
the building. Towers should be designed and sited so as to avoid, whenever
possible, application of FAA lighting and painting requirements. For purposes
of this chapter, towers, antenna and similar facilities, defined separately
in the zoning law, shall not be governed by zoning regulations which apply
to the broader definition of public utility facilities, but shall be governed
by this chapter. Accessory structures will be designed to be architecturally
compatible with principal structures on the site and adjoining sites.
A.
Towers shall not be located closer than 350 feet from
the nearest residential district. In all cases, towers shall be set back from
adjoining properties' boundary lines a distance equal to at least 110% of
the height of such tower. All facilities shall be constructed so as to minimize
potential safety hazards and located in such a manner that, if the facility
should fall, it will remain within the property boundaries and avoid habitable
structures, public streets, utility lines and other telecommunications facilities.
B.
All PWS facilities shall be sited, located and designed
to have the least possible practical visual impact on the environment and
surroundings.
The operator of every PWS antenna shall submit to the Village copies
of all licenses and permits required by other agencies and governments with
jurisdiction over the design, construction, location and operation of such
antenna and shall maintain such tower or antenna and permits and provide evidence
of renewal or extension thereof when granted.
Every permit granting approval of an antenna or tower shall be nontransferable
without the consent of the Village and shall state that any assignment or
transfer of the permit or any rights thereunder may be made only with the
approval of the Village.
The permit shall be subject to review of the Zoning Board at five-year
intervals in order to determine whether PWS technology has changed such that
the necessity for the permit at the time of its approval has been eliminated
or modified and whether or not the permit should be modified or terminated
as a result of any such change.
The maximum height of a tower is limited to 100 feet above the ground
upon which the tower is placed.
A.
The use of guyed towers is prohibited. Towers must be
self-supporting without the use of wires, cables, beams or other means. The
design should utilize a monopole configuration, unless the applicant can demonstrate
through reports by a licensed professional engineer that an open framework
construction is the only method that will allow the provider to provide service
to the area to be served and that a monopole will not allow for that service
to be provided. Permanent platforms or structures exclusive of antennas that
serve to increase off-site visibility are prohibited.
B.
Minimum spacing between tower locations shall be 1/4
mile.
C.
A tower's setback may be reduced in the sole discretion
of the Zoning Board to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light pole, power line, or similar
structure.
A driveway and an appropriate parking area will be provided to assure
adequate emergency and service access. Maximum uses of exiting roads, public
or private, shall be made.
B.
The Zoning Board may retain technical consultants, at
the expense of the applicant, as it deems necessary to provide assistance
in the review of the site location alternatives analysis. These additional
costs shall be limited to the consultant's review of the site location alternatives
analysis, its report to the Zoning Board, and annual inspection report reviews.
A.
The operator at the site shall remove all abandoned or unused towers and associated facilities (below described at Subsection C) within one year of the cessation of operations unless the Zoning Board approves a time extension. If the operator is not the landowner, a copy of the relevant portions of a signed lease which requires the lessee to so remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within one year of the cessation of operations at a site, the Village may remove the tower and associated facilities, and the costs of removal shall be assessed against the property.
B.
Unused portions of towers above a manufactured connection
shall be removed within one year of the time of antenna relocation. The replacement
of portions of a tower previously removed requires the issuance of a new special
use permit.
C.
At the time of submission of the application for a facility
the applicant shall submit a signed agreement in writing to remove all antennas,
driveways, structures, buildings, equipment sheds, lighting, utilities, fencing,
gates, accessory equipment or structures, as well as any tower used as a PWS
facility, if such facility becomes technologically obsolete or ceases to perform
its originally intended function for more than 12 consecutive months. The
agreement shall also provide that, upon removal, the land shall be restored
to its previous condition, including but not limited to the seeding of exposed
soils. The agreement shall be entered into and binding upon the applicant,
landowner, lessor/lessee and operator and shall by its terms also be binding
upon and enforceable by any transferee and their respective successors and/or
assigns.
A.
Antennas and towers in existence, which do not conform
to or comply with this law, are subject to the following provisions:
(2)
Antennas and towers may continue in use for the purpose now used and as are now existing for a period of five years from the date of enactment of this chapter but may not be replaced or structurally altered without complying in all respects with this chapter. Upon expiration of the fifth year, all operators must obtain a special permit as outlined in § 145-4 of this chapter.
B.
Within 90 days of the adoption of this chapter, every
owner of an antenna or tower must provide an inventory of all such owners
PWS facilities within and one mile outside the Village to the Village.
C.
If such antennas or towers are hereafter damaged or destroyed
due to any reason or cause whatsoever, the antenna or tower may be repaired
and restored to its former use, location, and physical dimensions without
complying with this chapter; provided, however, that, if the cost of repairing
the tower to the former use, physical dimensions, and location would be 10%
or more of the cost of a new tower of like kind and quality, then the tower
may not be repaired or restored except in full compliance with this chapter.
The Zoning Board shall conduct a public hearing within 62 days from
the day an application is referred from the Planning Board. The board shall
issue a decision within 30 days after the hearing. Any denial for a permit
under this chapter shall be in writing and supported by substantial evidence.
Any failure by the applicant to provide the information required in this chapter
in a timely manner may:
The Village of Minoa, including property owned by the Village and any
other local or similar governmental subdivision, department or agency, shall
be exempt from this chapter, including without limitation any school district,
ambulance, emergency services, police or fire protection agencies.
Any violation of this chapter shall be punishable by a fine of a minimum
of $250 per day and a maximum of $1,000 per day or 15 days in jail, or both.
Each days violation shall be considered a separate violation.
