[HISTORY: Adopted by the Common Council of
the City of Peekskill 3-27-2000 (Ch. 139 of the 1984 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A service that uses a device located at a residence, place
of business or other fixed premises:
To receive signals from other devices located
at or about such premises regarding a possible threat at such premises
to life, safety or property from burglary, fire, vandalism, bodily
injury or other emergency, and
To transmit a signal regarding such threat by
means of transmission facilities of a local exchange carrier, or one
of its affiliates, to a remote monitoring center to alert a person
at such center of the need to inform the customer or another person
or police, fire, rescue, security or public safety personnel of such
threat.
A person interested in radio technique solely with a personal
aim and without pecuniary interest, holding a written authorization
from the Federal Communications Commission to be the control operator
of an amateur station.
The amateur service, the amateur satellite service and the
radio amateur civil emergency service.
A radio communications service using stations on earth satellites
for the same purpose as those of the amateur service.
A radio communications service for the purpose of self-training,
intercommunication and technical investigations carried out by amateur
operators.
A station in an amateur radio service consisting of the apparatus
necessary for carrying on radio communications.
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa; in a transmitting
station, the device from which radio waves are emitted.
An antenna, other than a satellite dish antenna, used exclusively
to receive radio, television programming or any other electromagnetic
signal.
An antenna with a reflective surface used to receive and/or
transmit radio or electromagnetic waves from an orbiting satellite.
A freestanding lattice-type antenna support structure greater
than 12 feet in height in a residential district and 25 feet in height
in a nonresidential district.
An antenna used to transmit and/or transmit and receive radio
or electromagnetic waves. For the purposes of this chapter, transmitting
satellite dish antennas no wider than one meter in diameter in a residential
area or two meters in maximum diameter in a nonresidential district
are excluded from this definition. The term "transmitting antenna(s)"
excludes any antenna used exclusively to receive radio or electromagnetic
waves.
A stationary transmitter that provides radio telecommunications
service to mobile and/or fixed receivers, including those associated
with mobile stations.
Those materials incorporated into the communications tower
design that give communications towers the appearance of tree branches
and bark coatings, church steeples and crosses, sign structures, lighting
structures or other similar structures.
A radio service in which common carriers are authorized to
offer and provide cellular service for hire to the general public.
A radio telecommunications service provided using a cellular
system.
An automated high-capacity system of one or more multichannel
base stations designed to provide radio telecommunications services
to mobile stations over a wide area in a spectrally efficient manner.
Cellular systems employ techniques such as low transmitting power
and automatic handoff between base stations of communications in progress
to enable channels to be reused at relatively short distances. Cellular
systems may also employ digital techniques such as voice encoding
and decoding, data compression, error correction and time or code
division multiple access in order to increase system capacity.
The mounting of personal wireless service facilities by two
or more competing providers on the same antenna support structure,
monopole or antenna tower.
An individual, partnership, association, joint-stock company,
trust or corporation engaged in rendering radio telecommunications
services to the general public for hire.
Any site containing transmitting antenna(s), including personal
wireless service facilities and amateur stations, other than satellite
dish antenna(s) less than one meter in maximum diameter in a residential
district or two meters in maximum diameter in a nonresidential district,
that does not produce or contribute to the production of emission
levels exceeding the thresholds adopted by the Federal Communications
Commission or any subsequent superseding emission standard based on
the maximum equipment output.
Any structure owned and operated for commercial purposes
that is capable of being used as a support structure for the purpose
of mounting transmitting antenna(s).
The distribution or broadcasting of programming or services
by satellite directly to the subscriber's premises without the use
of ground receiving or distribution equipment, except at the subscriber's
premises or in the uplink process to the satellite.
A person who transmits, broadcasts, sells or distributes
direct-to-home satellite service.
The offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of telephone
toll services.
Supplementary systems comprising low-power transmitters,
receivers, indoor antennas and/or leaky coaxial cable radiators designed
to improve service reliability inside buildings or structures located
within the service areas of stations in the public mobile services.
A radio communications service between mobile and land stations
or between mobile stations.
A station in mobile service intended to be used while in
motion or during halts at unspecified points.
Any freestanding pole greater than 12 feet in height in a
residential district and 25 feet in height in a nonresidential district
upon which an antenna is or has been located. As used in this chapter,
the term "monopole" includes monopoles anchored with guy wire.
Nonionizing electromagnetic radiation.
All of the following zoning classifications of land as defined in this chapter and outlined on the City of Peekskill Zoning Map (§ 575-4) as adopted by the City of Peekskill: Shopping Center District (C-1) and Limited Shopping Center District (C-1A), Central Commercial District (C-2), General Commercial District (C-3), Neighborhood Commercial District (C-4), Light Industrial District (M-1), General Industrial District (M-2), Industrial Park District (M-3), Design Industrial District (M-2A), Planned Commercial Development District (PCD), and Waterfront District (WF), Subareas WF-1, WF-2 and WF-PRD.[1]
Radio communications that encompass mobile and ancillary
fixed communications that provide services to individuals and businesses
and can be integrated with a variety of competing networks.
Facilities for the provision of personal wireless services.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services, including cellular
radiotelephone, specialized mobile radio system and personal communications
services.
Publicly owned and accessible space provided for active recreational
activities for children and/or adults.
Radio services in which common carriers are authorized to
offer and provide mobile and related fixed radio telecommunications
services for hire to the public.
Any telecommunication by means of hertzian waves.
The determination of position, or the obtaining of information
relating to position, by means of the propagation of radio waves.
Radio determination used for purposes other than those of
radio navigation.
Radio determination used for the purposes of navigation,
including obstruction warning.
All of the following zoning classifications of land as defined in this chapter and outlined on the City of Peekskill Zoning Map (§ 575-4) as adopted by the City of Peekskill: One-Family Residence Districts (R-1A, R-1B, R-1C); One- and Two-Family Residence District (R-2); One-, Two- and Three-Family Residence District (R-3); Low-Density Multiple Family District (R-4), Medium-Density Multiple Family District (R-5), and Central Multiple Residence District (R-6) and other residential districts such as the Waterfront Planned Residential District (WF-PRD) and Planned Residential District (PRD).
A public, private, religious or sectarian facility and its
contiguous grounds duly accredited by the State of New York for the
accommodation and/or instruction of students, including nursery, primary
and secondary institutions.
A radio system in which licensees provide land mobile communications
services (other than radiolocation services) in the 800 megahertz
(MHz) and 900 MHz bands on a commercial basis to entities eligible
to be licensed under 47 CFR 90, federal government entities, and individuals.
A structure that complies with the provisions of this chapter
and is of sufficient height to use as a communications tower or a
communications facility. Such structures include, but are not limited
to, water towers, multistory buildings and church steeples.
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information as sent and received.
Equipment, other than customer premises equipment, used by
a carrier to provide telecommunications services, including software
integral to such equipment (including upgrades).
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
The offering of telecommunications services using duly authorized
devices that do not require individual licenses. The provision of
direct-to-home satellite services as defined in this chapter is not
incorporated into this definition.
The purpose of this chapter is to promote the
health, safety and general welfare of residents of the City of Peekskill;
to preserve the scenic, historic, natural and man-made character and
appearance of the City while simultaneously providing standards for
the safe provision, monitoring and removal of wireless telecommunications
consistent with applicable federal and state regulations; to encourage
shared use of existing and future towers and the use of existing tall
buildings and other high structures; to minimize adverse visual effects
from communications towers by requiring careful siting and configuration,
visual impact assessment and appropriate landscaping and buffering;
to provide a procedural basis for action within a reasonable period
of time for requests for authorization to place, construct, operate
or modify communications towers; and to encourage camouflaging of
communications towers.
A.
No communications tower, except those approved prior
to the effective date of this chapter, shall be constructed, maintained
or used unless in conformity with the regulations in this chapter.
(1)
No communications tower shall hereafter be erected,
moved, reconstructed, expanded, changed or structurally altered unless
in conformity with the regulations in this chapter.
(2)
Site plan approval shall be required from the Planning Commission in accordance with Article XI of the City's Zoning Ordinance (§ 575-56) for any expansion of any communications tower or support structure, except that this requirement shall not apply to City-owned towers where no expansion is contemplated. The Director of Public Works shall refer the matter to the Planning Commission where the application will be subject to the terms and conditions specified in §§ 234-8 through 234-21 below, as part of the City's site plan review (§ 575-56) process, Article XI of the City's Zoning Ordinance.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.
All communications tower construction within all of the City's residential and nonresidential zoning districts is subject to obtaining a license from the Common Council pursuant to General City Law § 20. Such construction and collocation shall comply with the requirements set in §§ 234-8 through 234-21 below, as determined by the Common Council in the licensing process.
C.
Applications for construction of communications towers
shall comply with the Code of Federal Regulations pertaining to objects
affecting navigable airspace, as delineated within the Federal Aviation
Regulations (FAR) Part 77. Additionally, no application for construction
of a communications tower will be approved if the proposed tower violates
the criteria for obstructions to air navigation as established by
FAR Part 77, Subpart C, Obstruction Standards.
D.
Pending applications. Any complete application to
construct or collocate on a communications tower pending before any
board or commission of the City at the time of adoption of this chapter
shall continue to be processed to minimize delay and expense to the
applicant as much as possible. Information already on file with the
reviewing board or commission shall be used to the extent applicable
to satisfy submission requirements under this chapter. Any additional
information required by this chapter shall be specified by the reviewing
board(s) and/or commission(s) within 60 days of the effective date
of this chapter. All pending applications shall be decided upon the
provisions of this chapter. If a public hearing has already been held
on the application, no further public hearing shall be required. If
a public hearing has not been held, then a public hearing shall be
held as required under the terms of this chapter.
A.
At all times, collocation and/or shared use of tall structures, and existing or approved communications towers in accordance with § 234-3B above, shall be preferred to the construction of new communications towers.
B.
Complete applications pursuant to § 234-3 shall be made to the Director of Public Works and to the Director of the Department of Planning, Development and Code Enforcement. Each application shall include the following as a minimum:
[Amended 6-24-2019 by L.L. No. 3-2019]
(1)
A complete application for a building permit.
(2)
Documentation of consent from the owner of the existing
facility to allow shared use.
(3)
A site plan in accordance with Article XI of the City's Zoning Ordinance (§ 575-56). The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(4)
An engineer's report (signed and sealed) certifying
that the proposed shared use will not diminish the structural integrity
and safety of the tall structure and explaining what modifications,
if any, will be required in order to certify to the above. An engineer
qualified to complete the report required by this section shall be
a New York State licensed professional engineer specializing in electrical
engineering with expertise in radio communications facilities and,
if a monopole or tower is required or the electrical engineer is not
qualified to certify the structural soundness of the installation,
a New York State licensed professional engineer specializing in structural
engineering.
(5)
A complete long-form environmental assessment form
(EAF) and a completed visual EAF addendum is required.
(6)
A copy of applicable federal communications licenses.
C.
If the Director of Public Works and Director of Planning, Development and Code Enforcement jointly determine that the application is complete in accordance with § 234-4B, and provided that the Director of Public Works determines that the location or collocation does not increase the original approval height by more than 15%, increase the original approved number of antennas by more than 50%, increase the original approved square footage of accessory buildings by more than 200 square feet or add new or additional microwave antenna dishes and that there will be no expansion of said support structure and no adverse impacts on the existing support structure as established under applicable provisions in the New York State Uniform Fire Prevention and Building Code and the City's Zoning Ordinance or with the surrounding area, as established under the City's Environmental Quality Review Law (Chapter 267), City laws and other applicable laws, then a building permit shall be issued; otherwise, site plan approval shall be required from the Planning Commission in accordance with Article XI of the City's Zoning Ordinance (§ 575-56).
[Amended 5-14-2007 by L.L. No. 3-2007; 6-24-2019 by L.L. No. 3-2019]
D.
Such application will be subject to the terms and conditions specified in §§ 234-8 through 234-21 below as part of the site plan review process. The Planning Commission shall conduct a public hearing and process the application pursuant to this chapter, the New York State Environmental Quality Review Act (SEQRA), the City's Environmental Quality Review Law (Chapter 267), other City laws and other applicable laws.
A.
Common Council may consider a request to locate a new communications tower if the applicant can demonstrate that shared use of existing tall structures and/or collocation on existing or approved communications towers or communications sites is undesirable due to structural deficiencies, documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement or documented evidence that the site will not work from a technological aspect or that the applicants proposed location or collocation on the site would have an adverse impact on the surrounding area as determined consistent with this chapter, the New York State Environmental Quality Review Act (SEQRA), the City's Environmental Quality Review Law (Chapter 267), other City laws and other applicable laws.
B.
All antennas and their supporting structures shall
be securely mounted to withstand wind loads for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code, be constructed and maintained in conformance with all
building, electrical, fire prevention and other applicable codes adopted
by the Common Council and be in conformity with any other construction
or performance standards (including approved fastening devices and
techniques that ensure proper mounting, approved materials and methods
for electrical connections, adequate structural support, etc.). All
antennas and their supporting structures shall be constructed in conformance
with the technical standards, rules and regulations of any governmental
entity having jurisdiction over such antennas or supporting structure,
including, without limitation, the Federal Communications Commission.
C.
An applicant shall be required to present an inventory
of all existing tall structures and approved communications towers
and/or towers pending City review and approval within a ten-mile radius
of the proposed site. The site inventory shall include a map showing
the exact location of each site inventoried, including latitude and
longitude (degrees, minutes and seconds), ground elevation above sea
level, height of the structure and/or tower and accessory buildings
on the site of the inventoried location. The report shall outline
opportunities for shared use of these facilities as an alternative
to a proposed new communications tower. The report shall demonstrate
good faith efforts to secure shared use from the owner of each potential
existing tall structure and approved communications towers and/or
towers pending City review and approval as well as documentation of
the physical, technical and financial reasons why shared usage is
impracticable or unattainable in each case. Written requests and responses
for shared use shall be provided.
D.
The site inventory report shall include the following
information to permit the City to evaluate the need for the new communications
tower site:
(1)
Information establishing the present need for the
proposed tower. Licenses are to be based on actual need and not on
speculation of future needs.
(2)
Radial plots depicting the anticipated radio frequency
coverage for the proposed site.
(3)
Radial plots depicting evidence that the proposed
area to be provided coverage by the proposed new tower is currently
deficient in radio frequency coverage.
(4)
The frequency spectrum (output frequency) to be used
at the proposed site (cellular, personal communications systems, broadcast
frequency, analog or digital, etc.). A copy of a current FCC license
that authorizes the applicant to provide services is required.
(5)
The type, manufacturer and model number of the proposed
tower and the height of the proposed tower, including the height of
any antenna structure above the supporting structure of the tower.
(6)
The numbers of proposed antennas, type, manufacturer,
model number, dB gain, size and orientation on the proposed tower.
(7)
Such other information as may be deemed necessary
by the Common Council and/or Planning Commission so as to make a thorough
evaluation of the applicant's proposal. The City staff shall provide
a written report for any additional information deemed necessary.
A.
Applicants shall design proposed new communications
towers to accommodate future demand for reception and transmitting
facilities. Applications for new communications towers shall include
an agreement committing the owner of the proposed new communications
tower, and its successors in interest, to negotiate in good faith
for shared use of said tower by other providers of communications
in the future. This agreement shall be filed with the City Clerk prior
to the issuance of a building permit. Failure to abide by the conditions
outlined in the agreement shall be grounds for the revocation of the
City license.
B.
The agreement shall commit the communications tower
owner and lessee and its successors in interest to:
(1)
Respond within 45 days to a request for information
from a potential shared use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the communications tower by other providers of the
communications.
(3)
Allow shared use of the communications tower if another
provider of communications agrees in writing to pay reasonable charges.
The charge shall include, but not be limited to, a pro-rata share
of the cost of the site selection, planning, project administration,
land costs, site design, construction and maintenance financing, return
on equity and depreciation and all of the costs of adapting the tower
or equipment to accommodate shared use without causing electromagnetic
interference.
A.
Site plan applications. When site plan approval is
required, the applicant shall submit an application to the Planning
Commission.
(1)
Applications to the Planning Commission for site plan approval shall include a site plan in accordance with Article XI (§ 575-56) of the City's Zoning Ordinance. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans and drainage plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit
a completed long-form EAF, a complete visual environmental assessment
form (visual EAF addendum) and documentation on the proposed extent
and capacity of use as well as supporting the need for the requested
height of any tower and for any clearing required. The applicant shall
also submit a copy of its Federal Communications Commission (FCC)
license as part of the application.
B.
New construction.
(1)
Where shared use of tall structures or an existing or approved communications tower is found to be impractical, applicants shall also investigate the possibility of constructing a new communications tower on property occupied by an existing communications tower in accordance with § 234-6 above. In such case, and subject to the remaining provisions of this section, the Common Council may allow more than one tower on a lot. Any proposal for a new communications tower on an existing communications tower site shall also be subject to the requirements in §§ 234-8 through 234-21.
(2)
The Common Council may consider an application to construct a communications tower when the applicant demonstrates that shared use of the existing tall structures and existing or approved tower is impractical, and submits a report as described in § 234-5 above, and when the Common Council determines that shared use of an existing communications tower site for a new communications tower is undesirable based on aesthetic considerations set forth in this chapter and/or is impracticable based upon the investigation in accordance with § 234-7B(1) above. Any proposal for a new communications tower shall also be subject to the requirements of §§ 234-8 through 234-21.
C.
An applicant for a license under this section shall
submit information and documentation indicating and identifying areas
within the City where communications coverage by the applicant remains
unsatisfactory. Applicants shall be required to provide sufficient
information to the City so as to clearly identify and describe the
applicant's communications coverage master plan or siting and/or communications
coverage plan.
D.
An applicant for a license under this section shall
submit, as part of its application, a qualified (as specified here
in this subsection) engineer's report (signed and sealed) regarding
nonionized electromagnetic radiation for the proposed site. Such report
shall provide sufficient information to detail the amount of radio
frequency radiation expected from the proposed site. Additionally,
the engineer's report will comply with FCC reporting criteria, as
amended, for a cumulative report, reporting levels of anticipated
exposure for all users on the site and within 500 feet of the site.
The report must indicate whether or not the proposed communications
tower will comply with FCC emissions standards.
E.
Subject to the requirements of the Telecommunications
Act, the applicant shall be required to perform emissions tests every
six months and report the findings to the Director of Public Works.
The result of the emissions tests shall be reported to the Director
of Public Works within 30 days of the test being completed. At the
time of emissions tests, a complete safety inspection of the communications
tower shall be conducted. The results of that safety inspection shall
also be reported to the Director of Public Works within 30 days of
its completion. The safety inspection shall consist of, but may not
be limited to, an inspection of the condition of the tower, its supports,
foundations, anchor bolts, coaxial cable, cable supports, eye shields,
cable trays, guy wires and antennas affixed to the tower. Other aspects
of the inspection shall include inspection for fire, electrical, natural
and other man-made hazards that could pose a potential hazard to the
communications tower site or the surrounding area. The applicant and/or
owner shall correct unsafe conditions immediately.
[Amended 6-24-2019 by L.L. No. 3-2019]
F.
When site plan approval is required, the applicant
shall return to the Common Council, after receiving site plan approval
from the Planning Commission for the Common Council to review the
application before issuing the license.
A.
Each proposed communications tower and accessory structure
shall be located on a single lot and shall comply with applicable
zoning setback requirements. Adequate measures shall be taken to contain
on-site icefall or debris from tower failure and preserve the privacy
of any adjoining properties. Each lot containing a communications
tower shall have the minimum area, shape and frontage requirements
of the zoning district and such additional land as necessary to meet
the setback requirements of this section.
B.
Communications towers shall comply with the following
setback requirements within the zoning districts:
(1)
Minimum setback from US Route 9 street line and center
line of US Route 9: height of tower plus 50 feet.
(2)
Other street lines: height of tower.
(3)
Side and rear lines: height of tower and setback from
adjoining residential zoning district.
(4)
The setback requirements for communications towers
located within any City residential district shall be 150 feet from
side and rear lot lines or the height of the communications tower,
whichever is greater.
A.
Applicants for authority to construct a new communications
tower may be required to undertake a visual impact assessment that
meets the requirements of this section. The Director of Planning,
Development and Code Enforcement shall determine the need for such
assessment at a presubmission conference. Such determination shall
be based on the placement of the site and the potential visual impact
on the surrounding areas.
B.
The visual impact assessment of potential visual impact
shall include:
(1)
A "zone of visibility" map shall be provided by the
applicant in order to determine locations where the communications
tower may be seen.
(2)
Pictorial representations of both "before" and "after"
views from the key viewpoints both inside and outside of the City,
including but not limited to state highways and other major roads,
state and local parks, other public lands, preserves and historical
sites normally open to the public, the Hudson River, McGregory's Brook
and from any other location where communications towers are visible
to a large number of visitors, travelers or persons. The Director
of Planning, Development and Code Enforcement shall determine the
appropriate key sites to be used as viewpoints at the presubmission
conference with the applicant and shall report these determinations
to the Common Council.
(3)
An assessment of alternatives, communications tower designs and color schemes is required as described in § 234-11.
(4)
An assessment of the visual impact of the communications
tower base, guide wires, accessory buildings and overhead utility
lines from abutting properties and streets.
A.
Alternative design(s) shall be considered for new
communications towers, including lattice and single-pole construction.
B.
The design of the new proposed communications tower
shall comply with the following:
(1)
Any new communications tower shall be designed to
accommodate future shared use by other providers of communications.
(2)
Unless specifically required by other regulations,
a communications tower shall have a finish (either painted or unpainted)
that minimizes its degree of visual impact.
(3)
Notwithstanding the height restriction listed elsewhere
in this chapter, the maximum height of any new communications 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.
(4)
The maximum heights of a communications tower in the
nonresidential zoning districts shall not exceed a height of 195 feet
above ground elevation. The maximum height of a communications tower
within any residential district shall not exceed a height of 110 feet
above ground elevation.
(5)
The Planning Commission and/or Common Council may request a review of the application, at the applicant's expense, by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer or consultant are in addition to the application fee and shall be the responsibility of the applicant and shall be deposited with the City in the manner provided in Ch. 275, Fees, Article V, § 275-20.
(6)
Accessory structures shall maximize the use of building
materials, color and textures designed to blend with the natural surroundings.
The use of a "camouflage" communications tower may be required by
the Planning Commission and/or Common Council. The Commission or Corporation
Counsel, or its or his designee, may seek a review from the Historic
and Landmarks Preservation Board as necessary to determine the impact
in historic districts under the purview of the Board to further blend
the communications tower or its accessory buildings into the natural
surroundings.[1]
(7)
Accessory structures shall be designed to be architecturally
similar and compatible with each other and shall be no more than 12
feet high. These accessory buildings shall be used only for housing
of equipment related to the particular site. Whenever possible, these
accessory buildings shall be joined or clustered so as to appear as
one building.
(8)
No portion of any communications tower's accessory
structure shall be used for any advertising purpose, including but
not limited to company name, phone numbers, banners and streamers,
except in the case of identifying marking that may be required under
FCC regulations. No sign of any kind shall be permitted except the
following: A sign no greater than two square feet indicating the name
of the facility owner(s) and twenty-four-hour emergency telephone
numbers shall be posted adjacent to any entry gate. In addition, "No
Trespassing" or other warning signs may be posted on the fence. All
signs shall conform to the sign regulation requirements of the City.[2]
(9)
Towers must be placed to minimize visual impacts.
Applicants shall place towers on the side slope of terrain so that,
as much as possible, the top of the tower does not protrude over the
ridge line, as seen from public ways, parks and the Hudson River.
Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees shall take place
on a site connected with an application made under this chapter prior
to the approval of the license or site plan application.
A.
Deciduous or evergreen tree plantings may be required
to screen portions of the communications tower and accessory structures
from nearby residential properties as well as from public sites known
to include important views or vistas. Where a site adjoins a residential
property, park or other public property, including streets, screening
shall be required.
B.
The applicant shall demonstrate to the Common Council and/or Planning Commission that adequate measures have been taken to screen and abate site noises such as heating, ventilating, air conditioners and emergency power generators. Communications towers shall comply with Chapter 391, Noise, of the City Code, regarding noise standards and control.
Communications towers shall comply with any
conditions imposed by the Common Council and/or Planning Commission
regarding lighting. These standards shall apply to the lighting of
the area subject to the application and are not applicable to FAA/FCC-required
lighting of the communications tower.
A.
Adequate emergency and service access shall be provided
and maintained. Maximum use of existing roads, public or private,
shall be made. Road construction shall at all times minimize ground
disturbance and vegetation cutting to the toe of fill; the top of
cuts shall be no more than 10 feet beyond the edge of pavement. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential.
B.
To the extent feasible, all network interconnections
to and from the telecommunications site and all power to the site
shall be installed underground. At the initial construction of the
access road to the site, sufficient conduits shall be laid to accommodate
the maximum possible number of communications providers that might
use the facility.
Parking shall be provided to assure adequate
emergency and service access. The Planning Commission and/or Common
Council shall determine the number of required spaces, but in no case
shall the number of parking spaces be less than two spaces.
A fence, the design of which must be approved
by the Director of Planning, Development and Code Enforcement, shall
adequately enclose the communications tower and any accessory structures.
The approving board or commission may waive this requirement if the
applicant demonstrates that such measures are unnecessary to ensure
the security of the facility.
A.
The applicant shall submit to the Common Council an agreement committing the property owner, communications tower owner, lessee and their successors and interests to keep the tower and accessory structures in good order and repair and in compliance with any approval and to notify the Director of Public Works within 45 days of the discontinuance of the use of the tower for its original or any purpose. This agreement shall be filed with the City Clerk prior to the issuance of a building permit under this chapter. At any time after 120 days of receiving this notice, the Director of Public Works may require removal of the obsolete, unnecessary or unused communications towers and associated accessory structures, or such towers or structures no longer needed for their original purpose, by sending a notice to the property owner, tower owner and any lessee to remove same. The property owner, tower owner and any lessee shall remove such towers and/or accessory structures within 45 days of receipt of the notice from the Director of Public Works. The Director of Public Works may order removal of an unsafe tower pursuant to § C69a of the City Charter relating to unsafe buildings.
[Amended 6-24-2019 by L.L. No. 3-2019]
B.
Failure to notify and/or to remove the obsolete, unnecessary
or unused tower in accordance with these regulations shall be a violation
of this chapter.
In order to keep neighboring communities informed
and to facilitate consideration of any existing tall structure or
existing communications tower in a neighboring municipality for shared
use, and to assist in the continuing development of the Westchester
County Emergency Operations Center, the Common Council shall require
that an applicant who proposes a new communications tower shall notify,
in writing, the legislative body of each municipality that borders
the City of Peekskill and the Westchester County Emergency Operations
Center. Notification shall include the exact location of the proposed
tower and a general description of the project, including but not
limited to height of the tower and capacity for further use.
Notice of any public hearing shall be mailed
by the applicant, via certified mail, directly to all renters, occupants
and landowners whose property is located within 500 feet of the property
line of the parcel on which the new communications tower is proposed.
Notice shall also be mailed to the administrator of any state or federal
parkland from which the proposed tower would be visible if constructed
by the applicant. The applicant shall file adequate proof that the
provisions of this subsection were carried out. The cost of all public
hearing notices and mailing shall be the sole responsibility of the
applicant and/or his consultant.
The applicant and the owner of the property
where the communications tower is to be located shall provide the
City Clerk with proof of liability insurance in the amount not less
than $3,000,000 to cover potential personal injury and property damage
associated with construction and operation, with the City of Peekskill
named as an additional insured.
The applicant shall, as conditions of final approval, provide the City with financial security acceptable to the City sufficient to provide for the removal or repair of the tower as described in § 234-17 above. Acceptable financial security includes, but is not limited to, irrevocable bank letters of credit, escrow accounts and bonds issued by insurance companies.
