As used in this article, the following terms
shall have the meanings indicated:
ACCESSORY USE
An accessory use serves the principal use, is subordinate
in area, extent or purpose to the principal use, and is located on
the same lot as the principal use. Examples of such uses include transmission
equipment and storage sheds.
ANCILLARY EQUIPMENT
Equipment necessary to the secure and successful operation
of a wireless facility, including but not limited to a support structure,
antenna, transmitting, receiving, and combining equipment, equipment
shelter, fencing, transmission cables and telephone lines, utility
lines and backup power source.
COLLOCATION
The use of any communication, transmission and/or reception
antenna and/or towers, radio, television and/or telecommunications
beacons to carry two or more antennas by two or more service providers.
FAA
Federal Aviation Administration of the United States.
FCC
Federal Communications Commission of the United States.
PERSONAL WIRELESS SERVICE FACILITY
Any unmanned facility used in connection with the provision
of wireless services, including but not limited to antenna, ancillary
telecommunication equipment, telecommunication towers and access.
A wireless facility includes all equipment and structural components
needed to construct a complete wireless facility.
PREEXISTING TOWERS AND ANTENNAS
Includes any and all towers or antennas possessing a valid,
current and proper building permit and/or special use permit issued
prior to the effective date of this article.
TOWER
Including any structure designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers, radio and television
transmission and reception towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
similar structures, inclusive of the structure and any support systems
appurtenant thereto.
Article
XXXIX shall apply to all personal wireless service facilities, towers and antennas except the following:
A. Amateur radio station operators.
B. Preexisting towers or antennas, except expansion of
the originally approved fenced compound area, or any addition or expansion
which would increase the height permitted in the affected district.
C. Those on property owned by the Town.
D. Antennas which are accessory to permitted residential
uses and are mounted on the residential dwelling without a tower.
The Zoning Board of Appeals is hereby authorized
to review and approve, approve with modifications or disapprove special
use permits for personal wireless service facilities pursuant to this
article. The Zoning Board of Appeals shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed personal wireless service facility,
including the use of camouflage or stealth-type installation of the
tower structure and/or antenna to reduce visual impact.
A. Except as provided below, no personal wireless service
facility shall hereafter be erected, moved, reconstructed, changed
or altered and no existing structure shall be modified to serve as
a personal wireless service facility, except after obtaining a special
use permit in conformity with this article.
B. Collocated facilities; equipment located inside.
(1) Personal wireless service facilities collocating on
existing active towers do not require a special use permit, unless
the originally approved compound area is being expanded, or unless
the personal wireless service facility will be modified in such a
way as to increase its height in excess of the permitted height in
the affected district.
(2) Personal wireless service facilities collocating on
existing structures or buildings do not require a special use permit
unless the originally approved compound area is being expanded, or
the height in the affected district is being exceeded.
(3) If equipment area is located inside an existing building
or structure, the condition regarding expansion of compound area does
not apply.
C. The Zoning Board of Appeals may waive any or all of
the requirements for approval for applicants proposing minor changes
to existing facilities. However, the Board may not waive the requirement
that a public hearing be held on the application.
D. No building permit shall be issued until the applicant
provides proof that space on the facility has been leased or will
be operated by a provider licensed by the FCC to provide service in
the area.
No special use permit relating to a personal
wireless service facility shall be authorized by the Zoning Board
of Appeals unless it finds that such facility:
A. Is necessary to provide adequate service to locations
that the applicant is not able to serve with existing facilities;
B. Conforms to all applicable regulations promulgated
by the FCC, FAA and other federal agencies;
C. Will be designed and constructed in a manner which
minimizes visual impact to the extent practical; and
D. Is the most appropriate site among those available
within the technically feasible area for the location of a personal
wireless service facility.
The shared use of existing personal wireless
service facilities or other structures shall be preferred to the construction
of new facilities. Any special use permit application, renewal or
modification thereof shall include proof that reasonable efforts have
been made to collocate within an existing personal wireless service
facility or upon an existing structure within a reasonable distance,
regardless of municipal boundaries, of the site. The applicant must
demonstrate that the proposed personal wireless service facility cannot
be accommodated on existing personal wireless service facilities due
to one or more of the following reasons:
A. The planned equipment would exceed the structural
capacity of existing and approved personal wireless service facilities
or other structures, considering existing and planned use for those
facilities;
B. The planned equipment would cause radio frequency
interference with other existing or planned equipment which cannot
be reasonably prevented;
C. Existing or approved personal wireless service facilities
or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably;
D. Other technical reasons make it impracticable to place
the equipment proposed by the applicant on existing facilities or
structures;
E. The property owner or owner of the existing personal
wireless service facility or other structure refuses to allow such
collocation or requests an unreasonably high fee for such collocation
compared to current industry rates; and
F. Existing or approved personal wireless service facilities
cannot provide necessary coverage for a designated geographic area.
Towers shall not be artificially lighted except
to assure human safety, proper flag etiquette and compliance as required
by the FAA.
Except as required by the FAA, FCC or OSHA,
signage is prohibited on personal wireless service facilities, towers
and antennas. Required signs shall not exceed minimum requirements
as set forth by the FCC, FAA and/or OSHA. The Zoning Board of Appeals
may require the installation of signage with safety information.
At the time of submission of the application
for a personal wireless service facility, the applicant shall submit
an agreement to remove all antennas, driveways, structures, buildings,
equipment sheds, lighting, utilities, fencing, gates, accessory equipment
or structures, as well as any tower used as a personal wireless service
facility if such facility becomes technologically obsolete or ceases
to perform its originally intended function for more than six consecutive
months. Upon removal, the land shall be restored to its previous condition,
including but not limited to seeding of exposed soils.
This article shall take effect immediately when
it is filed in the office of the New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.
Accessory structures (under 100 square feet)
located on site are exempt from installing fire-suppression systems.
The applicant/owner of the site is responsible
for general maintenance and upkeep of the telecommunications facility.
General maintenance includes painting, landscaping, fencing and flag
maintenance/etiquette.