[Added 11-17-1998 by L.L. No. 7-1998; amended in its entirety 4-16-2019 by L.L. No. 2-2019]
A.
The purpose of this article is to:
(1)
Establish a local policy concerning the erection of commercial wireless
telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas, satellite dishes and poles.
(2)
Protect persons from unsafe structures and equipment; to promote
the health, safety and welfare of the residents of the Town and others;
and to provide standards for safe provision of wireless telecommunications
consistent with applicable federal and state regulations.
(3)
Establish clear local guidelines and standard time frames for the
exercise of local authority with respect to the regulation of wireless
telecommunications providers and services.
(4)
Protect the Town's interest in siting telecommunications towers,
communications towers, telecommunications facilities, accessory facilities
or structures, towers, antennas, satellite antennas, satellite dishes
and poles in a manner consistent with sound land use planning, while
also allowing wireless telecommunications services providers to meet
their technological and service objectives; and to protect the natural
features and aesthetic character of the Town.
(5)
Minimize unnecessary local regulation of wireless telecommunications
providers and services.
(6)
Encourage the provision of advanced and competitive wireless telecommunications
services on the widest possible basis to the businesses, institutions
and residents of the Town.
(7)
Permit and manage reasonable access to the public rights-of-way of
the Town for telecommunications purposes on a competitively neutral
basis.
(8)
Conserve the limited physical capacity of the public rights-of-way
held in public trust by the Town.
(9)
Assure that the Town's current and ongoing costs of granting and
regulating private access to and use of the public rights-of-way are
fully paid by the persons seeking such access and causing such costs.
(10)
Secure fair and reasonable compensation to the Town and the
residents of the Town for permitting private use of the public rights-of-way.
(11)
Assure that all telecommunications carriers providing facilities
or services within the Town comply with local laws, ordinances, rules
and regulations of the Town.
(12)
Enable the Town to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry competition
and technological development.
B.
This article shall be construed and administered so as to not unduly
hamper reasonably satisfactory reception of satellite television signals.
This article is intended to comply fully with the Federal Telecommunications
Act of 1996, as amended.
As used in this article the following terms shall have the meanings
indicated:
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.
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
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.
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.
The Town Department of Development Services.
See "antenna."
Environmental Protection Agency.
Federal Aviation Administration.
Federal Communications Commission.
See "communications tower."
A method of providing line-of-sight telecommunications bandwidth
by means of a series of antennas, transmitters and reflectors on towers.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, joint-stock companies,
firms, partnerships, limited liability companies or other entities
or individuals.
See "wireless telecommunications facility, support structure."
New York State Public Service Commission.
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.
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.
See "satellite antenna."
State Environmental Quality Review Act.
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.
New York State.
See "wireless telecommunications."
See "wireless telecommunications carrier."
See "wireless telecommunications facility."
See "wireless telecommunications provider."
See "wireless telecommunications service."
See "communications tower."
See "wireless telecommunications facility, support structure."
The Town of Irondequoit.
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.
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.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
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.
The communications tower, and/or accessory facility or structure,
used or to be used to transmit, receive, distribute, provide or offer
telecommunications service.
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.
The establishment of a telecommunications facility on a base
structure where no such facility presently exists.
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.
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.
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.
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.
Every person who provides telecommunications service over
telecommunications facilities.
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.
A.
No wireless telecommunications facility of any type, support structure,
accessory facility or structure, tower, antenna, satellite antenna,
satellite dish and/or pole shall hereafter be used, erected, moved,
or reconstructed unless the required approval(s) have been granted
under the provisions of this article.
B.
No existing structure shall be modified to serve as a telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole unless such modification is made in conformity with
this article.
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.
A.
Except as provided in this article, all telecommunications carriers
having telecommunications facilities within the corporate limits of
the Town shall register with the Town Clerk pursuant to this article
on forms to be provided by the Town, which information shall include
the following:
(1)
The identity and legal status of the registrant, including any
affiliates, subsidiaries, joint ventures and partnerships.
(2)
The name, address and telephone number of the officer, agent
or employee responsible for the accuracy of the registration statement.
(3)
A description of the registrant's existing or proposed telecommunications
facilities within the Town.
(4)
A description of the telecommunications services that the registrant
intends to offer or provide, or is currently offering or providing,
to persons, firms, businesses or institutions within the Town.
(5)
Information sufficient to determine whether the registrant is
subject to public rights-of-way licensing or franchising.
(6)
Information sufficient to determine whether the transmission,
organization or receipt of the telecommunications services provided
or to be provided by the registrant constitutes an occupation or privilege
subject to any municipal telecommunications tax, utility message tax
or other tax imposed by the Town.
(7)
Information sufficient to determine that the applicant has applied
for and received any certificate of authority required by the State
of New York to provide telecommunications services or facilities within
the Town.
(8)
Information sufficient to determine that the applicant or any
affiliate has applied for and received any construction permit, operating
license or standard wireless telecommunication facility approvals
required by the FCC to provide telecommunications services or facilities
within the Town.
B.
The purpose of registration is to:
(1)
Provide the Town with accurate and current information concerning
the telecommunications carriers and providers who offer or provide
telecommunications services within the Town, or that own or operate
telecommunications facilities within the Town.
(2)
Assist the Town in enforcement of this article.
(3)
Assist the Town in collection and enforcement of any municipal
taxes, franchise fees, license fees or charges that may be due to
the Town.
(4)
Assist the Town in monitoring compliance with local, state and
federal laws.
C.
Exceptions to registration. The following telecommunications carriers
and providers are excepted from registration under this article:
(1)
Telecommunications carriers that are owned and operated by the
federal government, the state or any political subdivision of the
state, for its own use.
(2)
Any person who provides telecommunications service solely to
itself, its affiliates or members between points in the same building,
or between closely located buildings under common ownership or control,
provided that such company or person does not use or occupy any public
rights-of-way of the Town.
A.
Modifications to existing approved standard wireless telecommunication
facility. Replacement of existing antennas and modifications and/or
additions to equipment at existing standard wireless telecommunication
facilities and support structures may be reviewed and approved administratively
by the Director of Community Development or his/her designee. No board
approvals are required unless the proposed equipment changes and/or
additions would noticeably alter the appearance of the previously
approved wireless telecommunications facility(ies).
(1)
Application for a building permit is required and structural
analysis must be submitted with all other required application documentation.
B.
Wireless microcell wireless telecommunication facility. The following
microcell installations may be reviewed and approved administratively
by the Director of Community Development or his/her designee and proceed
directly to the building permit application:
(1)
Installation of microcell wireless telecommunications equipment
on existing and/or replacement utility poles in the same location
in the right-of-way, provided that the following conditions are met:
(a)
Microcell antenna is no greater than four (feet) in height.
(b)
Microcell support structure (pole) is no greater than 50 feet
in height.
(c)
Compliance with licensing and/or permitting requirements set forth in Chapter 199 of the Irondequoit Town Code.
(d)
Pole-mounted equipment is designed to minimize visual impacts
in the right-of-way.
(2)
Installation of microcell wireless telecommunication equipment
on commercial, institutional and multifamily residential buildings
provided that the following conditions are met:
A.
Any microcell locations requiring construction of a new structure
in new location must obtain 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.
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:
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:
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.
A.
The maximum height for standard wireless telecommunications facilities
permitted under this article, including any antennas, extensions or
other devices extending above the structure of the tower, measured
from the ground surface immediately surrounding the site shall be
no greater than 200 feet.
B.
For safety purposes, any standard wireless telecommunication facility
shall have a clear zone which shall have a radius not less than the
height of such tower.
A.
A special use permit shall be obtained as follows:
(1)
All applications for a special use permit shall be by written application on forms provided by the Department of Planning and Zoning and include a site plan as described in § 235-135B of the Code of the Town of Irondequoit. Upon receipt, such application, together with all supporting documents, shall be provided to the Town Planning Board for its review and recommendations to the Town Board.
(2)
Public hearing; application deemed complete.
(a)
Within 62 days of the receipt of the completed application,
together with all supporting documents, the recommendation of the
Town Planning Board and upon completion of all SEQRA requirements,
the Town Board shall hold a public hearing pursuant to Town Law § 274-b
for the approval of a special use permit. The Town Board shall review
the application for compliance with the provisions of this article
and shall determine that the location of the proposed telecommunications
towers, communications towers, telecommunications facilities, accessory
facilities or structures, towers, antennas, satellite antennas, satellite
dishes, and/or poles are in accordance with the principles and requirements
stated herein.
(b)
An application shall be deemed complete when the Department
of Planning and Zoning provides a statement that the applicant has
complied with all the terms and conditions of the application form
for a special use permit as the same may be determined from time to
time by the Town Board.
B.
Site plan approval.
(1)
Application and site plan. All applications for site plan approval
shall be by written application on forms provided by the Department
of Planning and Zoning. The application shall include a site plan
setting forth specific site data on a map, which shall be prepared
to scale and in sufficient detail and accuracy and which shall show
the following:
(a)
The location of property lines, utilities and permanent easements.
(b)
The location of the communications towers, together with guy
wires and guy anchors, if applicable.
(c)
A side elevation or other sketch of the standard wireless telecommunication
facility showing the proposed antennas.
(d)
The location of all structures on the subject property and all
structures on any adjacent property within 200 feet of the property
lines of the subject property, together with the distance of these
structures to the proposed communications tower.
(e)
The names of all adjoining landowners as appears on the Town
Assessor's records.
(f)
The location, nature and extent of any proposed fencing, landscaping
and/or screening.
(g)
The location and nature of proposed utility easements and access
roads, if applicable.
(h)
Inventory of other commercial telecommunications towers, communications
towers, telecommunications facilities, accessory facilities or structures,
towers, antennas, satellite antennas, satellite dishes and/or poles
within a two-mile radius of the proposed site.
(2)
Such site plan applications required under this section shall also
include:
(a)
Any environmental assessment forms as required under SEQRA.
(b)
Systems, a grid or map of all of the record owner's and applicant's
existing telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas, satellite dishes and/or poles in the Town and
adjacent municipalities, and telecommunications towers, communications
towers, telecommunications facilities, accessory facilities or structures,
towers antennas, satellite antennas, satellite dishes and/or poles
proposed or projected by the owner/applicant for installation or construction
for a period of two years before and after the subject application.
This shall be a good faith estimate of such proposed or projected
telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas, satellite dishes and/or poles with attached data
supporting such an estimate.
(c)
A brief statement with supporting documentation providing sufficient
technical evidence demonstrating the record owner's or applicant's
need to place telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas, satellite dishes and/or poles within the Town.
Such evidence may include but is not limited to such technical data
showing field coverage, overlapping coverage with other telecommunications
towers, communications towers, telecommunications facilities, accessory
facilities or structures, towers, antennas, satellite antennas, satellite
dishes and/or poles, field strength tests and other pertinent technical
information showing that the record owner or applicant cannot fulfill
its obligations to its consumers, unless such telecommunications tower,
communications tower, telecommunications facility, accessory facility
or structure, tower, antenna, satellite antenna, satellite dish and/or
pole is erected within the Town.
C.
Preference for higher-intensity use districts.
(1)
The Town Board or Town Planning Board shall 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
and economically feasible and available location. A guideline for
the preference, from most favorable to least favorable district/property,
shall be as follows:
(2)
Any request by the Town Board or Town Planning Board for information
on a preferred alternate site shall not unreasonably delay the application.
D.
Shared use.
(1)
At all times, shared use of existing standard wireless telecommunication
facilities shall be preferred to the construction of new communications
towers. Additionally, where such shared use is unavailable, location
of antennas on preexisting structures shall be considered. An applicant
shall be required to present an adequate report, inventorying existing
standard wireless telecommunication facilities within a 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)
In the case of new communications towers, the applicant shall be
required to submit a report demonstrating good faith efforts to secure
shared use from existing communications towers. Copies of written
requests and any responses received thereto concerning shared use
shall be provided by the applicant.
(3)
The applicant must examine the feasibility of designing a proposed
telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole to accommodate future demand for
commercial broadcasting and reception facilities as defined by the
Federal Telecommunications Act of 1996 and the rules and regulations
promulgated thereunder by the FCC. The scope of this analysis shall
be determined by the Town Board for special use permits or the Town
Planning Board for site plan approvals. This requirement may be waived,
provided that the applicant demonstrates that the provisions of future
shared use of the telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole is not feasible
and an unnecessary burden, based upon:
(a)
The number of foreseeable FCC licenses for commercial telecommunications
purposes available for the area;
(b)
The kind of standard wireless telecommunication facility site
and structure proposed;
(c)
The number of existing and potential licenses without standard
wireless telecommunication facility spaces/sites;
(d)
Available spaces on existing and approved communications towers;
and
(e)
Potential adverse visual impacts created by a standard wireless
telecommunication facility designed for shared usage.
E.
Design standards and aesthetics. In order to minimize any adverse
aesthetic impacts on neighboring properties to the extent possible,
a board may impose reasonable conditions on the applicant, including
but not limited to the following:
(1)
All telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas satellite dishes and/or poles shall be sited to
have the least practical adverse visual effect on the environment.
(2)
Reasonable landscaping consisting of trees or shrubs to screen the base of the telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles, and/or to screen the telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles to the maximum extent possible from adjacent property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible. Such conditions are to be consistent with the provisions set forth in § 235-135I and J of the Code of the Town of Irondequoit.
(3)
Telecommunications towers, communications towers, telecommunications
facilities, accessory facilities or structures, towers, antennas,
satellite antennas, satellite dishes, and/or poles shall be designed
and sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements. Telecommunications towers, communications
towers, telecommunications facilities, accessory facilities or structures,
towers, antennas, satellite antennas, satellite dishes and/or poles
shall not be artificially lighted except when required by the FAA
or other governmental regulations. Standard wireless telecommunication
facilities shall be painted a galvanized finish or matte gray unless
otherwise required by the FAA or other governmental regulators.
(4)
No telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole shall contain any signs or advertising
devices. Warning signs shall be excepted.
(5)
Accessory facilities and structures shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
F.
Setbacks.
(1)
Notwithstanding any other provision of this article, all standard
wireless telecommunication facilities must be set back a minimum distance
equal to the clear zone applicable to the proposed communications
tower.
(2)
All accessory structures or facilities shall also comply with the
minimum setback requirements of the underlying zoning district.
G.
Radio frequency effects. The Town hereby recognizes the impact of
federal laws [Telecommunication Act of 1996, Public Law 104, Section
704 (February 8, 1996), as amended or changed] on the ability of the
Town to regulate telecommunications carriers, facilities, providers,
services and towers on the basis of radio frequency emissions and,
therefore, the Town expressly adopts the federal law mandate in this
area when exercising the Town's regulatory power in this area.
H.
Traffic, access and safety.
(1)
A road turnaround and a minimum of one parking space shall 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 removal. 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)
In the event of disturbance to a public right-of-way, a one-time
fee of $1 per linear foot and $1,000 per street crossing foot shall
be assessed.
(3)
All standard wireless telecommunication facilities and guy anchors,
if applicable, shall be enclosed by a fence not less than eight feet
in height or sufficiently protected from trespassing or vandalism
by other acceptable means.
I.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum practical extent 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
and/or site plan approval. Clear-cutting trees in single or contiguous
areas exceeding 20,000 square feet shall be prohibited.
J.
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the standard wireless telecommunication facility
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 Town Planning Board or
Town Board may require reasonable landscaping consisting of trees
or shrubs to screen the base of the standard wireless telecommunication
facilities from adjacent property.
K.
Surety for performance.
(1)
The owner of record of the premises upon which the telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole is located shall be required to execute and file
with the Town Clerk of the Town an irrevocable and unconditional letter
of credit or other form of security acceptable to the Town Attorney
as to form and manner of execution, in an amount sufficient for the
faithful performance of the terms and conditions of this article,
the conditions of the special use permit or site plan approval issued
hereunder, for the observation of all Town local laws or ordinances,
to cover the maintenance of the telecommunications tower, communications
tower, telecommunications facility, accessory facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole as the
case may be during its lifetime, and provide for its removal and disposal.
(2)
The amount of such irrevocable and unconditional letter of credit
required shall be determined by the Town Board in its special use
permit review or the Town Planning Board during site plan approval,
where no special use permit is required. In the event of default upon
the performance of any such conditions, the irrevocable and unconditional
letter of credit or security shall be drawn upon by the Town, which
shall be entitled to maintain an action thereon. The irrevocable and
unconditional letter of credit or security shall remain in full force
and effect until the removal of the telecommunications tower, communications
tower, telecommunications facility, accessory facility or structure,
tower, antenna, satellite antenna, satellite dish and/or pole and
the site is fully restored.
(3)
Further, when any telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole is reconstructed,
changed or altered in such a manner that approval of a special use
permit by the Town Board and/or site plan approval by the Town Planning
Board is required under this article, the owner of record of the premises
upon which such reconstruction, changes or alterations occur shall
be required to execute and file with the Town Clerk of the Town an
irrevocable and unconditional letter of credit or other security acceptable
to the Town Attorney as to form and manner of execution, in an amount
sufficient to cover the original amount required under this section
for the existing telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole plus an additional amount that
reflects the increased burden such a reconstruction, change or alteration
places on the subject telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole in accordance
with this section.
L.
Expiration. The special use permit or site plan approval shall expire
upon:
(1)
The failure to commence active operation of the telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole within six months of the issuance of a special use
permit by the Town Board and final site plan approval by the Town
Planning Board;
(2)
The discontinuance of the active and continuous operation of the
telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole for a continuous period of six
months, regardless of any reservation of an intent not to abandon
or discontinue the use of such facilities or of an intent to resume
active operations; or
(3)
From time to time, the Town Board or the Town Planning Board, at
the Town Board's discretion, may review the special use permit or
site plan approval to determine if the requirements, conditions and
restrictions of this article are being substantially complied with
in good faith. In the event that, upon review, the Town Board finds
that a telecommunications tower, communications tower, telecommunications
facility, accessory facility or structure, tower, antenna, satellite
antenna, satellite dish and/or pole is in violation of the approved
building and site plans, the requirements, conditions and/or restrictions
of this article or the terms and conditions of the special use permit
are not being substantially complied with, the enforcement procedures
shall be invoked and/or the special use permit shall be revoked within
90 days of written notice by certified mail from the Department of
Development Services unless the requirements, conditions and restrictions
are complied with within said ninety-day period. In the event that
such requirements, conditions and/or restrictions can not be corrected
within 90 days, then compliance with the same shall be commenced within
90 days of receipt of such written notice.
M.
Conditions. The boards may impose such reasonable conditions and
restrictions on a special use permit or site plan approval as are
directly related to and incidental to the proposed telecommunications
tower, communications tower, telecommunications facility, accessory
facility or structure, tower, antenna, satellite antenna, satellite
dish and/or pole.
A.
If the use of any telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole is discontinued,
the provider and/or owner shall notify by certified mail addressed
to the Town Director of Developmental Services within 90 days of such
discontinuance. If the facility will be retained, the telecommunications
provider and/or owner shall establish that the facility will be reused,
and all necessary approvals obtained, or a demolition permit shall
be obtained, and the facility removed, within one year. Upon good
cause shown, the Director of Developmental Services may extend the
one-year period for demolition and removal for a period not to exceed
one additional year.
B.
Approval of a new telecommunications tower, communications tower,
telecommunications facility, accessory facility or structure, tower,
antenna, satellite antenna, satellite dish and/or pole, or the expansion
or modification of any existing standard wireless telecommunication
facility or accessory facility or structure, shall be conditioned
upon the owner's and applicant's agreement to remove such standard
wireless telecommunication facility or accessory facility or structure
once it is no longer used. Removal of such obsolete and/or unused
standard wireless telecommunication facility or accessory facility
or structure shall take place within one year of cessation of its
use.
A.
Public hearings. No action shall be taken by the Town Board to issue
a special use permit, by the Planning Board to issue site plan approval
or the Town Zoning Board of Appeals to grant use or area variances
until after public notice and hearing. Proper notice of a hearing
before a board shall be given by legal notice published in the official
newspaper of the Town at least 10 days before the date set for a public
hearing, and written notice shall be mailed to the applicant or his
agent at the address given in the application to be considered. The
applicant shall be responsible for notifying, by first-class mail,
all property owners of record within 500 feet of the outside perimeter
or boundary line of the property involved in the underlying application
of the time, date and place of such public hearing and such notice
shall be sent at least five business days prior to such hearing. Notice
shall be deemed to have been given if mailed to the property owner
at the tax billing address listed on the property records of the Town
Assessor or at the property address.
B.
In addition to the penalties provided under this section, the Town
Board may also maintain an action or proceeding to prevent, correct
or restrain any violation of this article.
C.
In the event that a penalty is assessed against the applicant or the record owner of the subject premises in accordance with this section and remains unpaid for a period of six months, then, in that event, the special use permit and/or site plan approval shall expire in accordance with § 235-135L of this article.
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.
