[Added 8-17-1987; amended 1-27-1997]
The Planning Board of the Town of West Seneca
is hereby authorized to review and recommend to the West Seneca Town
Board approval, approval with modifications or disapproval of tower
special permits and site plans consistent with Town Law §§ 274-a
and 274-b.
The Town of West Seneca recognizes the increased
demand for wireless communication transmitting facilities and the
need for the services they provide. Often, these facilities require
the construction of a communications tower and/or similar facilities.
The intent of this article is to regulate telecommunication facilities
in accordance with the guidelines of the Telecommunications Act of
1996 by:
A.
Accommodating the need for telecommunication towers/antennas
while regulating their location and number in the community.
B.
Minimizing adverse visual impacts of these towers/antennas
through proper design, siting and screening.
C.
Preserving and enhancing the positive aesthetic qualities
of the built and natural environment in the Town of West Seneca.
D.
Avoiding potential damage to adjacent properties from
tower failure, falling ice, etc., through engineering and proper siting.
E.
Requiring the joint use of towers when available and
encouraging the placement of antennas on existing structures to reduce
the number of such structures in the future. No new tower may be established
if there is a technically suitable space available on an existing
communications tower or structure within the search area that the
new cell site is to serve.
As used in this article, the following terms
shall have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a communications tower and/or similar facility,
and located on the same lot as the communications tower. Examples
of such structures include utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
frequency signals. Such signals shall include, but not be limited
to radio, television, cellular, paging, personal communication services
(PSC) and microwave communications.
Towers and/or antennas and accessory structures together
used in connection with the provisions of cellular telephone service,
personal communications services, paging services, radio and television
broadcast services and similar broadcast services.
A structure designed to support antennas. It includes without
limit, freestanding towers, guyed wires, monopoles and similar structures
which or which do not employ camouflage technology.
A.
Colocated/existing structure antennas. An antenna
that is to be attached to an existing communications tower, smoke
stack, water tower or other structure is permitted in all zoning districts.
The antenna is permitted upon issuance of a building permit in all
areas. The building permit application will include a structural analysis/report
verifying the ability of the structure to handle the antenna. The
height of the new antenna shall not extend above the height of the
existing structure by more than 50 feet.
[Amended 2-23-1998]
B.
Noncollocated/new structure antennas. An antenna that
will not be mounted on an existing structure as defined above or is
more than 50 feet higher than the existing structure on which it is
mounted is permitted as follows:
(1)
Municipal or government-owned property, or industrially
zoned (M-1, M-2 areas): site plan application per this article. If
the tower is to be set back a distance of less than the height of
the proposed tower plus 150 feet to any adjacent residential district,
then the application will require a tower special permit and site
plan approval.
(2)
All commercial zoning districts: site plan review
and a tower special permit as set forth in this article. Applicant
must provide written documentation that municipal, government-owned
or industrially zoned property is unavailable for this site.
(a)
The tower must be set back a minimum of the
height of the tower plus 150 feet from any residentially zoned property
or any front yard line.
(b)
Towers exceeding 195 feet in height in commercial
(C-2 and C-1) zoning districts shall be treated as type-1 actions
under the State Environmental Quality Review Act (SEQRA).
(3)
All residential zoning districts: site plan
review and a tower special permit.
(a)
The tower must be set back a minimum of the
height of the tower from all property lines and any existing building.
(b)
The maximum height of a tower in these zoning
districts is 175 feet. An area variance for height will be required
from the Town Board to exceed this height following initial review
by the Planning Board.
(c)
All applications for telecommunications facilities
in these zoning districts shall be treated as type-1 actions under
the State Environmental Quality Review Act (SEQRA). The applicant
must provide written documentation that site locations or access roads
in nonresidentially zoned areas are unavailable.
All applicants for a tower special permit shall
make written application to the Planning Board through the Town Building
Department. This application, with all forms properly completed in
duplicate copies of 20 sets, submitted 21 days prior to the scheduled
hearing date, shall include:
A.
Tower special permit application form (town-supplied).
B.
Proof of notification (certified mail, return receipt
to be given to the town by the applicant) of all property owners within
500 feet of the boundaries of the property that the tower is to be
constructed.
D.
Site plan application forms, including long form EAF.
E.
Site plan, in form and content acceptable to the town,
prepared to scale and in sufficient detail and accuracy showing at
a minimum:
(1)
The exact location of the proposed tower, together
with guy wires and guy anchors, if applicable.
(2)
The maximum height of the proposed tower.
(3)
A detail of tower type (monopole, guyed, freestanding
or other).
(4)
The color or colors of the tower.
(5)
The location, type and intensity of any lighting
on the tower.
(6)
The property boundaries [a copy of a current
(no older than five years, with a notarized affidavit of no change)
property survey must also be provided]. A topographical drawing shall
be submitted covering an area no less than 500 feet beyond the proposed
lease area of the tower location.
(7)
Proof of the landowner's consent if the applicant
will not own the property. (A copy of a lease agreement must also
be provided if the applicant will not own the property.)
(8)
The location of all structures on the property
and all structures on any adjacent property within 50 feet of the
property lines, together with the distance of these structures to
the tower.
(9)
The names of adjacent landowners.
(10)
The location, nature and extent of any proposed
fencing and landscaping or screening.
(11)
The location and nature of proposed utility
easements and access road, if applicable.
(12)
Building elevations of accessory structures
or immediately adjacent buildings. The exterior appearance of companion
buildings must be compatible with other buildings in the site plan
area.
(13)
Photographs of the site (with compass direction)
and proposed tower design shall be submitted.
(14)
Letter of intent regarding whether or not the
applicant plans to lease space for colocation or to other carriers.
F.
"Before" and "after" propagation studies prepared
by a qualified radio frequency engineer (signed and sealed by a professional
engineer registered in the State of New York) demonstrating existing
signal coverage, contrasted with the proposed signal coverage resulting
from the proposed telecommunications facility.
G.
A "search ring" prepared by a qualified radio frequency
engineer (signed and sealed documents by a professional engineer registered
in the State of New York) and overlaid on an appropriate background
map demonstrating the area within which the telecommunications facility
needs to be located in order to provide proper signal strength and
coverage to the target cell. The applicant must be prepared to explain
to the Planning Board why it selected the proposed site, discuss the
availability or lack of availability of a suitable structure within
the search ring, which would have allowed for a colocated antenna(s),
and to what extent the applicant explored locating the proposed tower
in a more intensive use district. Correspondence with other telecommunications
companies concerning colocation is part of this requirement.
H.
The Town Planning Board, upon reviewing the application,
may request reasonable additional visual and aesthetic information
as it deems appropriate on a case-by-case basis. Such additional information
may include, among other things, enhanced landscaping plans, line-of-sight
drawings and/or visual simulations from viewpoints selected by the
Town Planning Board. Line-of-sight drawings and visual simulations
are mandatory for applications in residential zoning districts.
The following criteria will be considered by
the town prior to the approval/denial of a request for a tower special
permit. The criteria listed may be used as a basis to impose reasonable
conditions on the applicant.
A.
Siting preferences.
(1)
The town may express a preference that the proposed
telecommunications facility be located in an alternate technologically
feasible and available location. A guideline for the town's preference,
from most favorable to least favorable districts/property, is as follows:
(2)
Any request by the town for information on a
preferred alternate site shall not unreasonably delay the applications.
B.
Aesthetics. Telecommunications facilities shall be
located and buffered to the maximum extent which is practical and
technologically feasible to help ensure compatibility with surrounding
land uses. In order to minimize any adverse aesthetic affect on neighboring
residences to the extent possible, the Planning Board may impose reasonable
conditions on the applicant, including the following:
(1)
The Planning Board may require a monopole or
guyed tower (if sufficient land is available to the applicant) instead
of a freestanding tower.
(2)
The Planning Board may require reasonable landscaping
consisting of trees or shrubs to screen the base of the tower and/or
to screen the tower to the extent possible from adjacent residential
property. Existing on-site trees and vegetation shall be preserved
to the maximum extent possible.
(3)
The town can request additional site plan requirements
such as specially designed towers, additional screening, greater setbacks
and improved landscaping to address aesthetic concerns.
(4)
The town may require the applicant to show that
he has made good faith efforts to colocate on existing towers or other
available and appropriate structures and/or to construct new towers
near existing towers in an effort to consolidate visual disturbances.
However, such request shall not unreasonably delay the application.
(5)
Towers should be designed and sited so as to
comply with application of FAA lighting and painting requirements.
Towers in excess of 100 feet shall be artificially lighted, as well
as all those required to be lighted by the Federal Aviation Administration
(FAA). Towers shall be of a nonreflective finish, the color of which
shall be subject to approval. Any lights, which may be required by
this article or by the FAA, shall not consist of strobe lights, unless
specifically mandated by the FAA.
(6)
No tower shall contain any signs or advertising
devices. A small sign on the fencing shall be placed to identify the
ownership of the facility and a telephone number for emergencies.
(7)
The applicant must submit a copy of its policy
regarding colocation on the proposed tower with other potential future
applicants. Such policy should allow colocation under the following
conditions:
(a)
The new antenna(s) and equipment do not exceed
structural loading requirements, interfere with town space used or
to be used by the applicant nor pose any technical or radio frequency
interference with existing equipment;
(b)
The party desiring to colocate pays the applicant
an appropriate and reasonable sum to colocate; and
(c)
The party desiring to colocate has the similar
policy of colocation for the applicant.
C.
Radio-frequency effect. The Planning Board may impose
a condition on the applicant that the communication antennas be operated
only at Federal Communications Commission (FCC) designated frequencies
and power levels and/or Environmental Protection Agency (EPA) technical
exposure limits, and that the applicant provide competent documentation
to support that maximum allowable frequencies, power levels and exposure
limits for radiation will not be exceeded. The applicant shall provide
documentation that limits are not exceeded after installation of the
tower. These are to be submitted to the Town Engineer.
D.
Traffic, access and safety.
(1)
A hard-surfaced road turnaround and one parking
space shall be provided to assure adequate emergency and service access.
In residential zones, access roads must be located not less than 20
feet from any adjoining lot. Maximum use of existing roads, public
or private, shall be made. The use of public roadways or road right-of-ways
for the siting of a tower or antenna(s) accessory structures is prohibited.
(2)
All towers and guy anchors, if applicable, shall
be enclosed by a fence not less than eight feet in height or otherwise
sufficiently protected from trespassing or vandalism. An antivandalism
fence extension shall be placed above said fence to further deter
access. No barbed or similar type wire is to be used. Additionally,
no access ladder or steps shall exist within 30 feet of ground level.
E.
Removal of tower. The applicant shall agree to remove
the tower if the telecommunications facility becomes obsolete or ceases
to be used for its intended purpose for 12 consecutive months. The
applicant is to inform the town within 30 days if the tower is no
longer being used for its permitted purpose. The Planning Board shall
require the applicant to provide a demolition bond (in an amount determined
by the Planning Board based on at least double the cost of removal)
for purposes of removing the telecommunications facility in case the
applicant fails to do so as required above.
F.
Structural safety. During the application process
and every three years after construction of the tower, the applicant/owner
shall provide a certificate from a qualified professional engineer
certifying that the tower meets applicable structural safety standards.
G.
Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair.
H.
In any instance where a site is denied for a tower
by the Town Board, a twelve-month estoppel period shall be in effect
barring another application on that site for one year.
The Planning Board may waive or vary any requirements
in this article for good cause shown.
