As used in this article the following terms shall have the meanings
indicated:
ACCESSORY FACILITY OR STRUCTURE
A facility or structure serving or 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.
AFFILIATE
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but are not limited
to radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
CLEAR ZONE
The area surrounding a standard wireless telecommunication
facility that is free and clear of structures, public rights-of-way,
parking lots, navigable water and other such areas that could be hit
by structural failure, falling debris and other such dangers, with
the exception of accessory facilities or structures associated with
the tower.
EPA
Environmental Protection Agency.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
MICROWAVE
A method of providing line-of-sight telecommunications bandwidth
by means of a series of antennas, transmitters and reflectors on towers.
OVERHEAD FACILITIES
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
PERSON
Includes corporations, companies, joint-stock companies,
firms, partnerships, limited liability companies or other entities
or individuals.
POLE
See "wireless telecommunications facility, support structure."
PSC
New York State Public Service Commission.
PUBLIC RIGHTS-OF-WAY (PROW)
Includes all streets owned by the Town and utility easements
and other easements granted to the Town, as those terms are defined
herein, but only to the extent of the Town's right, title, interest
or authority to grant a license or franchise to occupy and use such
streets and easements for telecommunications facilities.
SATELLITE ANTENNA
Any parabolic dish, antenna or other transmitting device
or equipment of whatever nature or kind, the primary purpose of which
is to receive or to transmit television, radio, light, microwave or
other electronic signals, waves and/or communication from space satellites.
SEQRA
State Environmental Quality Review Act.
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, and is
subject to the approval of the Town Board.
TOWER
See "wireless telecommunications facility, support structure."
TOWN
The Town of Irondequoit.
UTILITY EASEMENTS
Any easement owned by the Town and acquired, established,
dedicated or devoted for public utility purposes or any other public
purpose not inconsistent with telecommunications facilities.
UTILITY FACILITY
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the PROW of the Town and used or to be used for the purpose
of providing utility or telecommunications service.
WIRELESS TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
WIRELESS TELECOMMUNICATIONS CARRIER
Every person that directly or indirectly owns, controls,
operates or manages a plant, equipment or property within the Town,
used or to be used for the purpose of offering telecommunications
service.
WIRELESS TELECOMMUNICATIONS FACILITY
The communications tower, and/or accessory facility or structure,
used or to be used to transmit, receive, distribute, provide or offer
telecommunications service.
WIRELESS TELECOMMUNICATIONS FACILITY, CO-LOCATION
Siting additional telecommunications facilities on an existing
structure or pole using the same base or support structure, without
the need to construct a new base structure. Co-location may include
siting multiple facilities from the same provider or from more than
one provider in the same location.
WIRELESS TELECOMMUNICATIONS FACILITY, SMALL-CELL OR MICROCELL
An exterior facility, excluding a satellite dish antenna,
established for the purpose of providing wireless voice, data and/or
image transmission within a designated service area. A small-cell
telecommunications facility must not be staffed and consists of one
or more antennas attached to a support structure or building. Antennas
may not be larger than a maximum height of four feet and a maximum
width of two feet, six inches. These unit types are defined under
the Federal Telecommunications Act and will be processed in accordance
with this article.
WIRELESS TELECOMMUNICATIONS FACILITY, STANDARD
Any exterior facility, including an antenna, antenna array
or other communications equipment, excluding a satellite dish antenna
or small-cell telecommunications facility, established for the purpose
of providing wireless voice, data, and image transmission within a
designated service area and which includes equipment consisting of
personal wireless services, as defined in federal law, including by
Federal Communications Commission orders or regulations. A telecommunications
facility must not be staffed. A telecommunications facility consists
of one or more antennas attached to a support structure and related
equipment. Equipment may be located within a building or an exterior
equipment cabinet.
WIRELESS TELECOMMUNICATIONS FACILITY, STEALTH
Any telecommunications facility that is integrated into an
architectural feature of a structure or the surrounding landscape
so that the facility and its purpose to provide wireless services
is not visually apparent or prominent.
WIRELESS TELECOMMUNICATIONS FACILITY, SUPPORT STRUCTURE
A monopole, tower, utility pole, existing light pole, building
or any other freestanding self-supporting structure or replacement
of equivalent dimensions which can safely support the installation
of a telecommunications facility.
WIRELESS TELECOMMUNICATIONS SERVICE
The providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium, excluding cable television service.
The following are exempt from the application of this article:
A. The repair, maintenance of existing wireless telecommunication facility
telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas, satellite dishes and/or poles.
B. Antennas used solely for residential household television and radio
reception.
C. Satellite antennas one meter (39.37 inches) or less in diameter,
building-mounted, installed according to manufacturers recommendations,
adequately secured and meeting all electrical code requirements regardless
of zoning for the districts in which they are 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. Freestanding satellite antennas for residential use, behind the principal
structure and four feet from the lot line.
E. Satellite antennas measuring two meters (78.74 inches) or less in
diameter, building-mounted, installed according to manufacturer's
recommendations, adequately secured, meeting all electrical code requirements
and located in C Business or M Manufacturing Districts. 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.
F. Any tower or antenna not more than 70 feet in height, any satellite
dish not more than six feet in diameter, owned and operated by a federally
licensed amateur radio station operator, or used exclusively as a
receiver-only facility.
G. Lawful or approved uses existing prior to the effective date of this
article.
Standard wireless telecommunication facilities and support structures,
accessory facilities and structures, antennas, satellite antennas,
satellite dishes and/or poles shall be permitted in any of the following
high-intensity use districts upon issuance of a final site plan approval
by the Town Planning Board under the procedures set forth in the Code
of the Town of Irondequoit and consistent with New York State Town
Law § 274-a:
B. M Manufacturing District.
Standard wireless telecommunication facilities and support structures, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles are permitted in the following districts, other than those identified in §
235-131 of the Code of the Town of Irondequoit, only upon the issuance of a special use permit by the Town Board under the procedures set forth in §
235-135A of this article and New York State Town Law § 274-b:
A. R-R Single-Family Residential Rural District.
B. R-1 Single-Family Residential District.
C. R-2 Single-Family Residential District.
D. R-3 Single-Family Residential District.
E. R-4 Multifamily Residential District.
F. R-5 Multifamily Residential District.
G. R-6 Residential District.
Notwithstanding any provisions of this article to the contrary, telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles shall not be permitted in the following zoning and environmental protection overlay districts, even where such districts may fall into the categories of potentially permitted districts as defined in §§
235-131 and
235-132 of the Code of the Town of Irondequoit:
A. EPOD (1) Wetlands Protection District.
B. EPOD (2) Steep Slope Protection District.
C. EPOD (3) Woodlot Protection District.
D. EPOD (4) Floodplain Protection District.
E. EPOD (5) Watercourse Protection District.
F. EPOD (6) Coastal Erosion Area Protection District.
G. WD Waterfront Development District.
H. LLDD LaSalle's Landing Development District.
Fees for applications and permits under this article shall be
established and may be amended from time to time by resolution of
the Town Board.
Prior to approval of the construction of a telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole as contained herein, the applicant must contact the
Superintendent of Public Safety Communications of the County of Monroe
to determine the feasibility of collocating County of Monroe emergency
communication equipment on the telecommunications tower, communications
tower, telecommunications facility, accessory facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole. The
applicant must demonstrate that collocation of County of Monroe emergency
communication equipment on the applicant's proposed telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole will not meet the siting needs of the County of Monroe.
All other local laws and ordinances of the Town inconsistent
with the provisions of this article are hereby repealed; provided,
however, that such repeal shall be only to the extent of such inconsistency
and in all other respects this article shall be in addition to such
other local laws or ordinances regulating and governing the subject
matter covered by this article.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the paragraph, word, section or part
thereof not directly involved in the controversy in which such judgment
shall have been rendered.
This article shall take effect immediately upon filing in the
office of the Secretary of State in accordance with the Municipal
Home Rule Law § 27.