[HISTORY: Adopted by the Town Board of the
Town of Halfmoon 1-6-2004 by L.L. No. 1-2004. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
The Planning Board of the Town of Halfmoon is
hereby authorized to review and approve, approve with modifications,
or disapprove site plans for personal wireless telecommunications
service facilities consistent with this chapter, other applicable
laws, ordinances and regulations of the Town of Halfmoon, and New
York State Town Law § 274-a.
A.
The purpose of these regulations is to promote the
health, safety, and general welfare of the citizens of the Town of
Halfmoon; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; minimize
the negative impact of telecommunications towers; to minimize the
total number of telecommunications towers in the community by encouraging
shared use of existing and future towers and the use of existing structures;
to minimize adverse visual effects from telecommunications towers
by requiring careful siting, visual impact assessment, and appropriate
landscaping; to establish a fair and efficient process for review
and approval of applications; to assure an integrated, comprehensive
review of environmental impacts of such facilities; to protect the
immediate area near the tower from any mechanical failure; and to
protect and preserve the scenic beauty, aesthetic character, natural
features and property values of the Town of Halfmoon. The Telecommunications
Act of 1996 affirmed the Town of Halfmoon's authority concerning the
placement, construction and modification of telecommunications towers.
The Town of Halfmoon finds that telecommunication towers and related
facilities may pose a unique hazard to the health, safety, public
welfare and environment of the Town of Halfmoon and its inhabitants.
In order to ensure that the placement, construction or modification
of telecommunications towers and related facilities is consistent
with the Town's land use policies, and to fulfill our obligations
under the State Environmental Quality Review Act (SEQRA), the Town
is adopting a single, comprehensive, telecommunications tower application
and permit process.
B.
These regulations are intended to be consistent with
the Telecommunications Act of 1996 in that:
(1)
The regulations do not prohibit or have the effect
of prohibiting the provision of personal wireless services.
(2)
The regulations are not intended to be used to unreasonably
discriminate among providers of functionally equivalent services.
(3)
The regulations do not seek to regulate personal wireless
telecommunications services on the basis of the environmental effects
of radio frequency emissions to the extent that the regulated services
and facilities comply with Federal Communications Commission (FCC)
Regulations concerning such emissions.
As of the effective date of this legislation,
no person shall site, build or prepare any site for the placement
or use of any telecommunications towers, antenna(s) or related facilities
without first duly applying for and obtaining the written approval
of the Planning Board (hereinafter "telecommunications siting permit"
or "permit") according to the procedures and requirements of this
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but are not limited
to radio, television, cellular, satellite, paging, personal communications
services and microwave communications.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons, limited liability
company, or other entity that submits an application.
The area in which any portion of a telecommunications tower
could or would fall, collapse or plunge to the earth. The collapse
zone shall be no less than the lateral equivalent of the distance
from the break point to the top of the structure plus 10 feet, such
being not less than 1/2 the height of the structure.
The use of the same telecommunications tower or structure
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
Environmental Assessment Form.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a telecommunications tower or structure,
the distance measured from the preexisting grade level to the highest
point on the tower or structure, even if said highest point is an
antenna.
Nonionizing electromagnetic radiation.
An accessory facility or structure serving or being used
as part of a personal wireless telecommunications service facility
or structure serving or being used in conjunction with a telecommunications
tower or being used as part of a personal wireless telecommunications
service facility and located on the same lot, including but not limited
to utility or transmission equipment, storage sheds, and/or cabinets.
Any parabolic dish, antenna or other device or equipment
of whatever nature or kind, the primary purpose of which is to receive
television, radio, light, microwave or other electronic signals, waves
and/or communications from space satellites or airborne sources.
Any facility that is effectively camouflaged in either existing
or new structures.
The transmission and reception of audio, video, data and
other information or signals by wire, radio, light or other electronic
or electromagnetic systems.
Structure or locations selected, designed or intended to
be used to support an antenna, including but not limited to freestanding
towers, guyed towers, monopoles and similar structures of similar
height, including but not limited to structures such as buildings,
church steeples, silos, water towers, utility towers and poles, signs
or other similar structures. It is a structure intended for transmitting
and/or receiving radio, television, cellular, satellite, paging, personal
communications services or microwave communications, but excluding
those used for fire, police and other dispatch communications or exclusively
for private radio and television reception and private citizen's band,
amateur radio and other similar communications that do not exceed
height limitations of 20 feet.
A.
The Town of Halfmoon's policy is to minimize the impact
of telecommunications towers and antennas in the Town and to mitigate
the impact of such facilities as are required.
B.
The Town finds that co-location and effective camouflaging
of telecommunications facilities is in the public interest and should
be encouraged. As hereinafter described, the Planning Board may waive
such requirements of the application for facilities to be co-located
on existing structures or for facilities which will be effectively
camouflaged (hereinafter "stealth facilities") in either existing
or new structures. The Planning Board will expedite review and approval
of co-locations or stealth facilities to as much as feasible while
continuing to ensure thorough review of the application.
C.
The Planning Board may retain the services of consultants
or experts to assist in reviewing telecommunications applications.
D.
The Planning Board may refer any applications or part
thereof to any advisory or other committee for nonbonding recommendations.
E.
The Planning Board may conduct preapplication meetings
with potential applicants.
F.
The Planning Board will undertake review of applications
pursuant to this chapter in a timely fashion, consistent with its
responsibilities, and shall act within a reasonable period of time
given the relative complexity of the application and the circumstances,
with due regard for the public's interest and need to be involved,
and the applicant's desire for a timely resolution.
G.
The Planning Board may hold one or more public information
sessions for the purpose of addressing the public's concern regarding
the health and safety implications of the applicant's requested permit,
and may compel that the applicant be available to answer questions
posed during that public informational meeting. The Planning Board
may not, however, refuse to issue a telecommunications siting permit
on the grounds of the public's concern regarding the health and safety
of the proposed facility's radio frequency (RF) emissions if the parameters
of the RF emissions comply with applicable federal law and the applicant
provides the Planning Board with a statement from an RF engineer certifying
said compliance.
H.
The Planning Board intends to be lead agency pursuant
to SEQRA. The Planning Board shall conduct an integrated comprehensive
environmental review of the proposed project as part of its review
of the application pursuant to this legislation.
I.
The Planning Board shall refer all applications to
the County planning agency in Saratoga County when and as required
by law.
A.
All fees for the application for a new telecommunications
tower or for co-location on an existing telecommunications tower shall
be established by resolution of the Town Board of the Town of Halfmoon.
[Amended 7-16-2014 by L.L. No. 3-2014]
C.
All applicants will be required to deposit with the
Town funds sufficient to reimburse the Town for the actual reasonable
costs of the Town's consulting engineer, attorney or other consultant
and/or expert assistance to the Planning Board in connection with
review of the application. The Town Planning Board shall maintain
a separate account for all escrow deposits. The Town's consultants
shall provide, at the Board's request, estimates and the basis for
their charges and shall bill the Town monthly for their services in
reviewing such application and performing their duties. These monthly
billings shall be charged against the applicant's escrow balance.
If at any time during the review and approval process the applicant's
escrow account shows a negative balance, additional funds must be
submitted to the Planning Board before any further action can be taken
on the application. If at the conclusion of the review and approval
process the amount of such services is more than the amount escrowed
pursuant hereto, the applicant shall pay the difference to the Planning
Board prior to the issuance of any building permits or certificates
of compliance, and in the event that the amount held in escrow is
more than the amount of the actual billing, the difference shall be
refunded to the applicant.
A.
Applications under this chapter must contain at least
the information required by this section. A responsible officer of
the applicant must verify the application. The landowner, if different
than the applicant, shall acknowledge the application and verify that
he is aware of the application and is aware that the Town may deny
the application or issue a permit with conditions. Where this section
calls for certification, such certification shall be by a qualified
person acceptable to the Town of Halfmoon Planning Board, unless otherwise
noted. All applicants should seek preapplication meetings with the
Planning Board.
B.
The Planning Board of the Town of Halfmoon may, upon
the applicant's request, waive some of the provisions of this section
in cases where the application is for a co-located facility or a stealth
facility. The applicant should seek a preapplication meeting with
the Planning Board to review such a proposed application to determine
if there are applicable methods/waivers that may be utilized to expedite
review and permitting for such applications. The purpose of such waivers
or other alternative procedures shall be to expedite and minimize
the time spent and the cost to the applicant and the Town of Halfmoon
for review and permitting for co-location and other applications that
meet the minimization and mitigation goals of this legislation.
C.
An application for a permit under this legislation
shall contain at least the following information:
(1)
Name(s) and address(es) of person(s) preparing the
report and the telephone number of a contact person.
(2)
Name(s) and address(es) of the proposed property site
owner, operator and applicant.
(3)
Postal address and sheet, block and lot or parcel
number of the proposed property site.
(4)
Zoning district in which the proposed site is situated.
(5)
A map showing the size of the proposed property site
and location of all lot lines.
(6)
Location of the nearest residential structure.
(7)
Location of the nearest habitable structure.
(8)
Location of all structures on the proposed property
site that is the subject of the application.
(9)
Location, size and height of all proposed and existing
antennas and all appurtenant structures, and must also show the collapse
zone on the drawing.
(10)
Type, size and location of all proposed and existing
landscaping.
(11)
The number, type and design of the tower and antenna(s)
proposed, the basis for the calculations of tower and system capacity,
and the grounding for the installation.
(12)
The make, model and manufacturer of the tower and
antenna(s).
(13)
A description of the proposed tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting.
(14)
The frequency, modulation and class of service of
radio equipment.
(15)
Transmission and maximum effective radiated power
of the antenna(s).
(16)
Direction of maximum lobes and associated radiation
of the antenna(s).
(17)
The applicant's proposed tower maintenance and inspection
procedures and record systems.
(18)
Certification by a qualified professional that NIER
levels at the proposed site are within parameters adopted by the FCC.
(19)
Certification by a qualified professional that the
proposed antenna(s) will not cause interference with existing communication
devices.
(20)
Certification by a New York State licensed professional
engineer that the tower and attachments as designed meet all structural
requirements for such items as load, wind, ice, etc.; after construction,
the applicant shall certify that, as built, the structure also meets
all applicable requirements and the approved plans detailing the same.
(21)
The applicant shall name the Town as an additional
insured on its insurance policy, in a reasonable amount to be agreed
upon between the applicant and the Planning Board.
(22)
A copy of the FCC license applicable to the application.
(23)
The applicant's plan for a period of at least two
years for telecommunications facilities located or to be located in
the Town and all adjoining municipalities. The applicant shall identify
and disclose the number and locations of any additional sites that
the applicant has, is or will be considering, reviewing or planning
for towers, antenna(s) or related facilities in the Town and all towns
and/or cities adjoining the Town for a period of at least two years
from the date of the submittal of the application.
(24)
The applicant shall demonstrate its review of proposed
alternatives as required by this legislation. An applicant may not
omit analysis of appropriate alternative sites of lesser impact on
the grounds that the site presented is the only site leased or selected.
An application shall address co-location as an option, and if such
option is not proposed, the applicant must explain why the option
is not feasible.
(25)
In the case of an application for a new telecommunications
tower, the applicant must examine the feasibility of designing a proposed
tower to accommodate future demand for at least two additional commercial
applications (i.e., future co-locations). The tower must be structurally
designed to accommodate at least two additional antenna arrays equal
to those of the applicant and located as close to the applicant's
antenna as possible without causing interference. The requirement
to construct a tower that can accommodate co-location may be waived
by the Town, provided that the applicant demonstrates that the provisions
of future shared usage of the facility is not feasible and an unnecessary
burden, based upon considerations such as, for example:
(26)
The potential for significant adverse visual impact
of a tower designed for shared use.
(27)
The applicant may be required to address the impact
upon property values in the neighborhood brought about by the proposed
tower.
(28)
The applicant shall set forth alternative tower designs,
color schemes and disguises for the telecommunications tower, antennas
and related facilities, including a design which effectively camouflages
the facility (stealth facility) or avoids the use of a freestanding
metal tower. The applicant shall explain why a towerless system, such
as a system that uses cable television or other technologies, is not
feasible.
(29)
The applicant shall submit copies of its site prioritization
and propagation studies or analyses.
(30)
The applicant shall submit a comprehensive report
inventorying existing towers and other appropriate structures within
four miles (unless the applicant can show that some other distance
is more reasonable) of any proposed new tower site and outlining opportunities
for shared use of existing facilities and use of other preexisting
structures as an alternative to new construction.
(31)
The applicant shall submit a complete New York State
SEQRA long EAF Part I and visual EAF addendum Appendix D. The Planning
Board may require submission of a more detailed visual analysis based
on the results of the visual EAF.
(32)
The applicant shall submit a visual impact assessment
which should include:
(a)
A Zone of Visibility Map to determine locations
where the tower may be seen taking into account seasonal foliage;
(b)
Representations of "before and after" views
from key viewpoints both inside and outside of the Town, including
but not limited to: state highways and other major roads, state and
local parks, other public lands, preserves and historic sites, and
from any other location where the site is visible to a large number
of visitors or travelers. If requested by the applicant, the Planning
Board acting in consultation with its consultants or experts will
provide guidance concerning the appropriate key site assessment of
the visual impact.
(33)
The applicant shall explain in detail its proposed
method of effectively screening from view its proposed tower base
and all related facilities.
D.
The Planning Board may require the applicant to supply
such further and additional information as it deems necessary in order
to carry out its responsibilities under the law.
E.
The Town Planning Board shall determine the number
of copies of the application which must be submitted. The applicant
is encouraged to confer with the Planning Board to explore whether
some portions of the application need not be reproduced in all copies.
Absent a determination by the Planning Board, the applicant must submit
12 copies of the complete application.
A.
An applicant must demonstrate to the Planning Board's
satisfaction that the telecommunications tower, antenna(s) and related
facilities will meet these conditions. In all cases the burden of
proof shall be upon the applicant.
B.
Applicants for telecommunications towers and antennas
shall locate, erect and site said facilities in accordance with the
following priorities:
C.
No new telecommunications tower which would have an
adverse visual impact upon sensitive areas, historic sites, lakes
and scenic places shall be approved. Modifications of existing towers
or addition of antenna(s) to existing towers or stations in such sensitive
areas may be acceptable, if otherwise consistent with this chapter.
The Planning Board may establish a list of such areas.
D.
At all times, co-location on existing towers and appropriately
camouflaged use of existing or new structures shall be preferred over
the proposed construction of new towers.
E.
Towers shall be no higher than the minimum height
necessary. Unless waived by the Planning Board upon good cause shown,
the presumed maximum height will be 140 feet, based on three co-located
antenna arrays and an ambient tree height of 80 feet.
F.
If a new structure is required, structures that effectively
camouflage the facility shall be preferred.
G.
Except for good cause shown, towers shall not exceed
the height requiring artificial lighting. Telecommunications towers
shall not be artificially lighted or marked except as required by
law. Towers shall be of appropriate materials and color to harmonize
with the surroundings. Towers shall be designed and sited so as to
avoid application of lighting requirements.
H.
Telecommunications towers shall be permitted one sign
no larger than two square feet to provide adequate notification to
persons in the immediate area of the antenna(s) that it has transmission
capabilities. The sign shall also contain the name(s) of the owners
and operator(s) of the antenna(s) as well as emergency phone number(s).
The sign shall be located so as to be visible from the access point
of the site. No other signage, including advertising, shall be permitted
on any antenna(s), tower, or site, unless required by law.
I.
Telecommunications towers and antenna(s) shall be
located, fenced or otherwise secured in a manner that prevents unauthorized
access by the general public. All antenna towers, monopoles and other
supporting structures, including guy wires, shall be made inaccessible
to persons and constructed or shielded in such a manner that they
cannot be climbed or run into. Transmitters must be designed and installed
such that any adjustments or controls that could cause the transmitter
to deviate from its authorized operating parameters are readily accessible
only to persons authorized to make such adjustments.
J.
All proposed telecommunications towers and related
facilities shall be set back from abutting parcels and street lines
a distance sufficient to substantially contain on site all ice-fall
or debris from a tower failure and preserve the privacy of any adjoining
properties. Telecommunications towers shall comply with all existing
setback requirements of the underlying zoning district or shall be
equal to 1/2 of the height of the tower, whichever is greater. Accessory
structures shall comply with the minimum setback requirements in the
underlying zoning district.
K.
All utilities leading to and away from any new telecommunications
site shall be installed underground and in compliance with all the
laws, rules and regulations of the Town. The Planning Board may waive
or vary the requirements of underground installation whenever, in
the opinion of the Planning Board, such variance or waiver shall not
be detrimental to the public health, safety, general welfare or environment,
including the visual and scenic characteristics of the area.
L.
All telecommunications towers and related facilities
shall be sited to the maximum extent practicable to have the least
adverse visual effect on the environment, visual viewshed and residences
in the Town.
M.
Related facilities shall maximize use of building
materials, colors, textures and architectural styles designed to blend
with the surroundings.
N.
Existing on-site vegetation shall be preserved to
the maximum extent possible, consistent, however, with the Planning
Board's determinations concerning site plantings and screening.
O.
There must be adequate emergency and service access.
Maximum use of existing roads, public or private, shall be made. Road
construction shall at all times minimize ground disturbance and vegetation
cutting. Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion potential.
P.
In the event that a telecommunications tower and/or
related facility is no longer used for the purpose specified in the
application, or the telecommunications tower and/or related facility
ceases operations for a continuous period of 180 days, the Planning
Board may by resolution after hearing held upon due notice require
the applicant or its successors or assigns to dismantle and remove
such tower, structures and facilities from the site and restore the
site (in the fashion as ordered by the Planning Board) within 90 days
of receipt of written notice from the Planning Board.
Q.
After construction and prior to receiving a certificate
of compliance, the applicant shall provide certification acceptable
to the Town that the telecommunications tower is grounded so as to
protect person and property and installed with appropriate surge protectors.
R.
Telecommunications towers shall be designed so that
in the event of failure they will fall within the setback area or
collapse zone and not threaten neighboring properties.
S.
Noise-producing equipment shall be sited and mitigated
to produce the lowest possible off-site noise impact.
T.
The Planning Board may require the applicant to accept
in writing the terms and conditions of a permit.
U.
The applicant shall disclose in writing any agreement
in existence prior to submission of the application that would limit
the ability of the applicant to share any new telecommunications tower.
V.
No applicant or owner shall enter into any agreement
that limits, prohibits or precludes or has the effect of limiting,
prohibiting or precluding the right or ability of any person or applicant
to share space on a telecommunications tower in the Town.
W.
Navigable airspace. Applications for construction
of new telecommunications towers shall comply with the Code of Federal
Regulations pertaining to objects affecting navigable airspace as
delineated within Federal Aviation Regulations (FAR) Part 77. Additionally,
no application for construction of a new telecommunications tower
will be approved if the proposed tower violates the criteria for obstruction
to air navigation as established by FAR Part 77 Subpart C, Obstruction
Standards.
A.
Prior to issuing a telecommunications facility siting
permit, a public hearing shall be held by the Planning Board, notice
of which shall be published in the official newspaper for the Town
no less than 10 days in advance. The Planning Board shall be required
to mail notice of the public hearing directly to all landowners whose
property is located within 1,500 feet of the property line of the
parcel on which a new tower is proposed. Notice shall also be mailed
to the administrator of any state or federal parklands from which
the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail or other reliable method
no less than 10 days in advance of the hearing.
B.
The Planning Board will schedule the public hearing
referred to above once it tentatively finds that the application is
complete. The Planning Board at any stage prior to issuing a permit
may require such further information as it deems necessary.
C.
The applicant, its successors or assigns shall file
annually with the Town, within 30 days of the anniversary date of
the permit, certification that the applicant, its successors or assigns
are complying with its maintenance and inspection procedures, including
all visual screening conditions in the permit; that the tower and
related facilities are not a hazard or a threat to the health, safety
or welfare of the public and to the environment; the RF emissions
comply with current FCC or other applicable standards; that the insurance
and financial undertakings required by this chapter are in effect;
and that the facility is in use. If the applicant, its successors
or assigns fail to make certification, the Planning Board, upon reasonable
notice and giving the applicant an opportunity to cure, may by resolution
revoke the permit.
D.
In order to keep neighboring municipalities informed
and to facilitate the goal of co-location and shared use, an applicant
who proposes a new telecommunications tower shall notify the legislative
body of each municipality that borders the Town and the Saratoga County
Planning Board. Notification shall include the exact location of the
proposed tower and a general description of the project, including
but not limited to the height of the tower and its capacity for future
shared use. Proof of this notification shall be submitted to the Planning
Board at the time of application.
A.
The Planning Board may issue a permit, a permit with
conditions or deny the application. Its decision shall be in writing,
and based on substantial evidence, upon a record. The burden of proof
is upon the applicant.
B.
Before the Planning Board issues any permit, it shall
find that the applicant has complied with all requirements of this
chapter.
C.
The permit shall be comprehensive and not severable.
If a competent authority overturns part of a permit, the permit shall
be void in total.
D.
The Planning Board may waive provisions or requirements
of this chapter when such waiver advances the goals and purposes of
this chapter or where particular provisions would impose a material
adverse financial impact upon an applicant.
E.
For good cause shown, the Planning Board may review
a permit if industry or scientific standards raise new relevant information
concerning the health and safety of the facility. Upon review, the
Planning Board may require the applicant, its successors or assigns
to take appropriate mitigation and abatement steps, to the extent
allowed by law.
F.
Permits shall be for a five-year term. The owner shall
be entitled to renewal of the permit if the facility is in compliance
with this chapter, is in compliance with all permit conditions and
is in compliance with all applicable federal standards regarding RF
emissions. Ninety days before the permit expires, the owner may submit
a brief written request for a permit renewal, certifying the compliance
of the facility with this section of the law. Within a reasonable
time after receipt of the written request demonstrating compliance
with this provision, the Planning Board shall issue a renewed permit,
incorporating by reference the relevant conditions from the initial
permit.
A.
Information for Assessor. Before the building permit
is issued for any telecommunications tower or facility, the applicant
shall provide to the Assessor of the Town of Halfmoon such information
concerning the deed, lease or license as is reasonable required by
the Assessor for real property tax purposes. The applicant or owner
will have an ongoing duty to report the cost of any material improvements
to the site. Such information may be exempt from public disclosure
pursuant to Public Officers Law § 87, Subdivision 2, or
similar provisions of law.
B.
Severability. If any provision of this chapter or
its applications to any person or circumstances is held invalid, the
invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end provisions of this chapter are separable.
C.
Bond. The applicant and the owner of record of any
proposed property site shall be jointly required to execute and file
with the Town a bond or other form of security acceptable to the Town
Attorney and Town Supervisor as to form and manner of execution in
an amount deemed sufficient by the Planning Board for the faithful
performance of the terms and conditions of this chapter and permit.
The bond or security shall remain in full force and effect until the
removal of the tower and related facilities and site restoration.
D.
Enforcement of permit conditions.
(1)
The Town of Halfmoon Building Department shall be
charged with enforcing the terms and conditions of the permit, and
any ongoing obligations imposed by this chapter. The Town, acting
through its Building Department or other authorized agent, may enforce
the conditions of a permit in a court of competent jurisdiction.
(2)
Violation of a condition of a permit is a violation
of this chapter and is prohibited.
(3)
Violation of a permit condition shall be subject to
a civil penalty of $100 per day for each violation. The Town, acting
through its Building Department or other authorized agent, may, in
addition to any other remedy available, recover civil penalties through
a civil action in a court of competent jurisdiction.
