[Adopted 3-5-1997 by L.L. No. 3-1997]
The Town of Evans 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 the location, construction and modification
of telecommunication facilities in accordance with the guidelines
of the Telecommunications Act of 1996 and other applicable laws 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 Evans.
D.
Providing for the health, safety and welfare of the
community by 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:
A nonhabitable 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
(PCS) and microwave communications.
Towers and/or antennas and accessory structures together
used in connection with the provision of cellular telephone service,
personal communications services, digital and/or data communication
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 towers, monopoles and similar structures
which do or do not employ camouflage technology.
No telecommunication facility shall be sited,
located, constructed, erected or modified without issuance of a building
permit and such permits or approvals as are prescribed in this article.
A.
Colocated/existing structure antennas.
(1)
An antenna that is to be attached to an existing communications
tower, smoke stack, water tower or other existing structure is permitted
in all zoning districts. The antenna is permitted as of right upon
issuance of a building permit. The building permit application will
include a structural analysis/report (certified by a New York State
licensed professional engineer or architect) verifying the ability
of the structure to handle the antenna and certification by a qualified
radio frequency engineer that the cumulative emissions from the site
meet federal guidelines. The height of the new antenna shall not extend
above the height of the existing structure by more than 50 feet.
(2)
The antenna and any mounting structure and related
equipment shall be integrated into said structure in such a manner
as to minimize its visual impact to the greatest extent practicable.
B.
Noncolocated/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 in accordance with the following regulations:
(1)
General requirements. No application for a noncolocated
or a new site for a telecommunications facility shall be considered
complete unless and until the applicant shall have submitted a report
which establishes to the satisfaction of the Town Board the following:
(a)
That the applicant is required to provide service
to locations which it is not able to serve through existing facilities
which are located either within or outside of the town, showing the
specific locations and/or areas the applicant is seeking to serve.
(b)
The report shall set forth an inventory of existing
facilities and/or structures, within or outside of the town, which
might be utilized or modified in order to provide coverage to the
locations the applicant is seeking to serve and include a report on
the possibilities and opportunities for colocation as an alternative
to a new site.
(c)
The applicant must demonstrate that the proposed
facility cannot be accommodated on any such existing facility or structure
either within or outside of the Town due to one or more of the following
reasons:
[1]
The proposed equipment would exceed the existing
and reasonably potential structural capacity of existing facilities
or structures within or outside of the Town considering existing and
planned use for those facilities or structures.
[2]
The existing or proposed equipment would cause
interference with other existing or proposed equipment which could
not reasonably be mitigated or prevented.
[3]
Said existing facilities or structures do not
have space on which the proposed equipment can be placed so it can
function effectively and reasonably and/or the applicant has not been
able, following good-faith efforts, to reach an agreement with the
owner(s) of such facilities or structures.
[4]
Other reasons which make it impracticable to
locate or place the proposed equipment on said facilities or structures.
(2)
Zoning districts, approvals and bulk requirements:
(a)
Municipal – or government-owned property and industrially zoned (L-1, G-1) areas: site plan application (per § 200-53). If the tower is to be set back less than the height of the proposed tower to any residential district, then the application will require a tower special permit per § 200-53 and site plan approval. All towers shall be set back a minimum of 500 feet from any residential dwelling, school or designated historic structure.
[Amended 5-2-2012 by L.L. No. 1-2012]
(b)
A-OS, R-A, GB and MS Zoning Districts: site plan review and a tower special permit as set forth in § 200-53. The tower must be set back a minimum of the height of the tower from any residentially zoned property or any front yard line and be a minimum of 500 feet, from any residential dwelling, school or historic structure. Towers exceeding 175 feet in height in commercial (A-OS, RA, GB and MS) Zoning Districts shall be treated as Type I Actions under the State Environmental Quality Review Act (SEQRA).
[Amended 11-1-2006 by L.L. No. 10-2006]
(c)
NB and Residential (R-R, R-1, R-1-L, R-2, MFR-4
and MHR-5) Zoning Districts: site plan review and a tower special
permit.
[Amended 11-1-2006 by L.L. No. 10-2006]
[1]
The tower must be set back a minimum of the
height of the tower from all property lines and any existing building
and be a minimum of 750 feet from any residential building, school
or historic structure.
[2]
The maximum height of a tower in these zoning
districts is 175 feet. An area variance for height will be needed
from the Zoning Board of Appeals to exceed this height.
[3]
All applications for telecommunications facilities
in these zoning districts shall be treated as Type I Actions under
the State Environmental Quality Review Act (SEQRA).
All applicants for a tower special permit shall
make written application to the Town Board through the Town Planning
Department. This application shall include:
A.
Tower special permit application form.
B.
Applicable fees.
C.
Site plan application forms, including a long form
EAF.
D.
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's boundaries. (A copy of a property survey
must also be provided).
(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.
E.
"Before" and "after" propagation studies prepared
by a qualified radio frequency engineer demonstrating existing signal
coverage, contrasted with the proposed signal coverage resulting from
the proposed telecommunications facility.
F.
A "search ring" prepared by a qualified radio frequency
engineer and overlaid on an appropriate background map demonstrating
file 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 colocated antenna(s) and to what
extent the applicant explored locating the proposed tower in a more
intensive use district. Correspondence with other telecommunication
companies concerning colocation is part of this requirement.
G.
The Town staff/advisory committees and 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 staff/advisory committees. Line-of-sight
drawings and visual simulations are mandatory for applications in
agricultural, residential and neighborhood business zoning districts.
[Amended 11-1-2006 by L.L. No. 10-2006]
H.
In historic districts and important preservation/conservation
areas the Town may require additional site plan and tower special
permit requirements. These requirements can include specially designed
towers, additional screening, greater setbacks and improved landscaping.
In siting, these areas should be avoided to the maximum extent possible.
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. All denials shall be in writing and supported
by substantial evidence contained in a written record. Town special
permits are nonassignable and nontransferable.
A.
Siting preferences.
(1)
The Town may express a preference that the proposed
telecommunications facility be located in a higher-intensity use district
or on higher-intensity use property, provided that there is a technologically
feasible and available location. A guideline for the town's preference,
from most favorable to least favorable districts/property, is as follows:
(a)
Property with an existing structure suitable
for colocation.
(b)
Municipal- or government-owned property.
(c)
L-1 and G-1 Districts.
(d)
A, R-A, GB and MS Districts.
[Amended 11-1-2006 by L.L. No. 10-2006]
(e)
NB or (R-R, R-1, R-1-L, R-2, MFR-4 and MHR-5)
Residential Districts and Historic District and important preservation/conservation
areas.
[Amended 11-1-2006 by L.L. No. 10-2006]
(2)
Any request by the Town for information on a preferred
alternate site shall not unreasonably delay the application.
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 effect on neighboring
residences to the extent possible, the Planning Board may impose reasonable
conditions on the applicant, including the following:
(1)
Tower height, location and design are matters of primary
public concern. The Planning Board may require a monopole or guyed
tower (if sufficient land is available to the applicant) instead of
a freestanding tower. Monopoles are a preferred design.
(2)
The Planning Board will 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 will require the applicant to show that it
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.
(4)
Towers should be designed and sited so as to avoid,
whenever possible, application of FAA lighting and painting requirements.
Towers shall not be artificially lighted except as required by the
Federal Aviation Administration (FAA) or the town. Towers shall be
of a nonreflective finish, color subject to Board approval, unless
otherwise required by the FAA. Any lighting which may be required
by the FAA shall not consist of strobe lights, unless specifically
mandated by the FAA.
(5)
No tower shall contain any signs or advertising devices.
Notwithstanding the foregoing, the Board may require appropriate signage
indicating ownership of the facility and phone numbers to call in
case of emergency.
(6)
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:
the new antenna(s) and equipment do not exceed structural loading
requirements, interfere with tower space used or to be used by the
applicant or pose any technical or radio frequency interference with
existing equipment, the party desiring to colocate pays the applicant
an appropriate and reasonable sum to colocate and the party desiring
to colocate has a similar policy of colocation for the applicant.
(7)
All other uses ancillary to the antenna/tower and
associated equipment (including a business office, maintenance depot,
vehicle storage, etc.) are prohibited from the site unless otherwise
permitted in the particular zoning district.
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.
D.
Traffic, access and safety.
(1)
A road turnaround and one parking space shall be provided
to assure adequate year-round emergency and service access. 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.
(3)
The applicant must comply with all applicable state
and federal regulations, including but not limited to FAA and FCC
regulations.
(4)
There shall be no permanent climbing pegs within 30
feet of the ground on any tower.
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
Planning Board, in its discretion, may require the applicant to provide
a demolition bond 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
the applicant shall provide a certification from a qualified, licensed
engineer, certifying that the tower meets applicable structural safety
standards. The owner shall also have a structural inspection performed
every two years by a licensed professional engineer. A report shall
be submitted to the Town describing the structural integrity of the
facility, maintenance issues and repairs needed or made, if any. Structural
deficiencies shall be remedied within a reasonable time.
G.
Maintenance of telecommunications facility. All telecommunications
facilities shall be maintained in good order and repair.
The following are exempt from the provisions
of this article:
A.
The Town Board may waive or vary any requirements
in this article for good cause shown.
B.
In the event of any conflicts or inconsistencies between
this article and any other local law, including the zoning law, this
article is meant to control telecommunications towers and similar
facilities in the Town unless otherwise specifically referenced in
this article.
C.
Tower special permits authorized by this article shall
only be issued by the Town Board after referral and recommendation
by the Planning Board and after holding a public hearing that has
been advertised in the same manner as for an amendment to the zoning
law.
A.
This article is adopted pursuant to the zoning and
planning powers granted to the Town under applicable law. In the event
of any violation of this article or any permit(s) issued hereunder,
the Town may seek enforcement under any available authority, including
but not limited to Town Law § 268.
B.
Any facility receiving a Town special permit that
substantially does not meet the requirements and/or conditions of
that permit shall have its permit revoked, and the tower and other
facilities shall be removed within 90 days of notification by the
town.
