[HISTORY: Adopted by the Board of Trustees of the Village of Massena 12-4-2001
by L.L. No. 3-2001. Amendments noted where applicable.]
A.
Recent advances in wireless communications technology
have resulted in a new generation of telecommunication services. These new
services transmit electromagnetic waves of such a frequency and power that
will likely require numerous antenna locations. These antennas may be located
on buildings, water towers and other similar structures but will also frequently
be located on new or enlarged towers. This requires that the Village regulate
these wireless communication system facilities in a different manner than
conventional television and radio transmission towers which are able to transmit
their signals at much greater distances.
B.
The Federal Communications Commission has recently licensed
a number of providers of wireless communication services and additional providers
are expected to be licensed in the near future. These firms are expected to
pursue antenna sites within the Village and these efforts are expected to
include requests to construct new communication towers and/or structures as
well. The intent of this proposed regulation is to provide for the establishment
and/or expansion of wireless telecommunication services within the Village
while protecting neighborhoods and minimizing the adverse visual and operational
effects of wireless telecommunications facilities through careful design,
siting and screening. More specifically this regulation has been developed
in order to:
C.
The Village of Massena has undertaken a deliberate process
to establish policy, standards and procedures related to the siting of tower
structure and antenna arrays for wireless telecommunications as contained
herein. In doing so, the municipality attempted to:
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 not be limited to, radio, television,
cellular, paging, personal communication services, and microwave, communications.
The frequency of these waves generally range from 10 Hertz to 300 Megahertz
but can be higher as technology advances.
The central cell facility that contains all the receivers, transmitters
and other apparatus needed for cellular/PCS operation.
The number of mobile users that can realistically be serviced by
a BTS.
Locating wireless communications facilities from more than one wireless
communications services provider on a single site.
The general term that describes the ability of a BTS to send and
receive wireless signals of sufficient strength to provide reliable cellular/PCS
service.
Environmental assessment form.
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
A construction technique that uses stabilizing cable to provide lateral
support for a tower.
The vertical distance measured in feet from the average existing
level of the ground surrounding the tower and within 10 feet thereof to the
top point of the tower including any antenna or other appurtenances. The existing
elevation shall mean the actual or approved elevation of the property at the
time of application.
Any electromagnetic radiation or noise that is not the desired signal.
Description of the type of tower construction typified by cross-bracing
between three posts that constitute a rigid antenna support structure.
A unified self-supporting structure typified by a smooth tapered
steel pole similar to roadway light supports.
The general term used to describe all the BTS facilities and equipment
required to provide cellular/PCS services.
Nonionizing electromagnetic radiation.
The attenuation experienced by the radio waves as they propagate
from the BTS to the mobile phone or from the mobile phone to the BTS. Path
loss will be the same for either direction over short periods of time.
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.
State environmental quality review as described in 6 NYCRR Part 617.
The transmission and reception of audio, video, data, and other information
by wire, radio, light, and other electronic or electromagnetic systems.
A structure intended to support wireless communications equipment
used to receive and/or transmit electron magnetic waves. Design examples of
towers might include but may not be limited to self-supporting lattice; guyed
and monopoles structures; and water towers.
The owner, manager and/or management firm of a telecommunication
tower.
Licensed wireless telecommunications services including, but not
necessarily limited to: cellular, personal communications services (PCS),
specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),
paging and other types of telecommunications services that are or may be marketed
to the general public.
A facility operated by a licensed wireless telecommunication service
provider which consists of the equipment and structures involved in receiving
or transmitting electromagnetic waves associated with wireless telecommunications
services.
A.
No communication installation, transmission tower, telecommunication
tower, communication tower accessory facility or structure, freestanding tower
and/or pole or transmission reception antenna shall henceforth be erected,
moved, changed or altered other than replacement in kind except after the
approval in conformance with the provisions of these regulations.
B.
No existing structure shall be modified to serve as a
transmission tower, telecommunication tower, communication tower accessory
facility or structure, freestanding tower, antenna and/or pole unless in conformity
with this chapter and other laws of the Village.
C.
The applicant must provide a copy (in the applicant's
name) of the certificate of need or appropriate FCC license issued by the
Federal Communications Commission to provide the telecommunication services
that the proposed tower is designed to support. If the appropriate applicant
FCC license has not been issued, the applicant must show proof that the application
has been filed and accepted by the Federal Communications Commission and is
under review for the granting of the applicant's license. Speculative
applications of any type shall not be considered or acted upon by the Village
Planning Board.
D.
All applications for installation of a new telecommunications
tower shall be accompanied by a report containing the information hereinafter
set forth. The report, shall be signed by the tower operator and contain the
following information:
(1)
Name(s) and address(es) of person(s) preparing the report.
(2)
Name(s) and address(es) of the property owner, operator
and the applicant.
(3)
Postal address and Tax Map page, block and lot or parcel
number of the property.
(4)
Zoning District in which the property is situated.
(5)
Size of the property on which the proposed construction
is to occur and the location of all adjoining lot lines within 500 feet.
(6)
Location of nearest residential structure measured in
feet.
(7)
Location of nearest occupied residential structure measured
in feet.
(8)
Location of all structures existing and proposed on the
property, which is the subject of this application.
(9)
Location, size and height of all proposed and/or existing
antennas and all appurtenant structures.
(10)
Type, size and location of all proposed and existing
mitigating landscaping.
(11)
The number, type, and design of the tower and antenna(s)
proposed and the basis for the calculations of tower and system capacity.
(12)
The make, model and manufacturer of the communications
tower and antenna(s) with supporting construction details.
(13)
A description of the proposed tower and antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including but
not limited to height, above-grade materials, color and lighting.
(14)
The frequency, modulation and class of service of radio
equipment.
(15)
The applicant's proposed tower maintenance and inspection
procedures and records systems.
(16)
Certification that NIER levels at the proposed site are
within threshold levels adopted by the FCC.
(17)
Certification to the Village that the tower and attachments
both are designed and constructed (as-built) to meet all state and federal
structural requirements for loads, wind, ice, etc.
(18)
A professionally prepared contour radio propagation map
showing anticipated coverage from the site proposed.
E.
The applicant shall submit a complete long EAF, pursuant
to SEQR, Type I/II and a complete visual environmental assessment form (visual
EAF addendum). The Village Planning Board, as lead agency, may require submission
of a more detailed visual analysis based on the results of the Visual EAF.
In addition, the applicant shall address the environmental flight path of
area species.
A.
Shared use of existing towers. At all times, shared use
of existing towers or other suitable facilities shall be preferred to the
construction of new towers. An applicant shall be required to present an adequate
report inventorying existing towers within a reasonable distance of the proposed
site and outlining opportunities for shared use of existing facilities as
an alternative to a proposed new tower.
(1)
An applicant proposing to share use of an existing tower
shall be required to document intent from an existing tower owner to allow
shared use.
(2)
The Board shall only consider a new telecommunication
tower when the applicant adequately demonstrates that shared usage of an existing
tower or other structure or facility is impractical. The applicant shall be
required to submit a report demonstrating good-faith efforts to secure shared
use from existing towers as well as documentation of the physical and/or financial
reasons why shared usage is not practical. Written requests and responses
for shared use shall be provided.
B.
Shared usage of site with new tower (clustering). Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsections A(1) and (2) above.
C.
New tower at a new location. The Board shall consider
a new telecommunications tower on a site not previously developed with an
existing tower. The applicant shall adequately demonstrate that shared usage
of an existing tower site is impractical and shall submit a report demonstrating
good-faith efforts to secure shared use from an existing tower, as well as
documentation of the physical and/or financial reasons why shared usage is
not practical. (Written requests and responses for shared use inquiries shall
be provided.) Information regarding the required need for the new telecommunications
tower shall be required in the form of empirical data illustrating said need.
D.
Future shared usage of new towers.
(1)
The applicant must examine the feasibility of including
a telecommunication tower in his proposed plan that will accommodate future
demand for reception and transmitting facilities.
(2)
The Board reserves the right to impose reasonable conditions
regarding reservation of tower space for future antennas including height,
orientation and power and restriction or elimination of restrictive use covenants
as part of tower use contracts and preservation of reasonable fee structures
as part of the contract.
A.
Siting considerations.
(1)
There will be no approval granted to proposals to construct
new telecommunications towers and/or accessory structures or facilities within
the following Zoning Districts:
(2)
There will be no approval granted to proposals to construct
new telecommunications towers and/or accessory structures or facilities within
1,500 feet of the following areas of county-wide and intercommunity significance:
(a)
Designated byways or scenic trails (measurement from
the road center line).
(b)
New York State wildlife management areas (measurement
made from property line or official designation boundary).
(c)
State or county forests (measurement made from property
line or official designation boundary).
(d)
Federal/state designated historic districts (measurement
made from property line or official designation boundary).
(e)
Shorelines of the St. Lawrence River, Grasse River, Racquette
River (measurement made from the shoreline, as determined on USGS 7.5 quadrangle
topographic maps).
B.
Lot size and setbacks for new towers; accessory structures.
(1)
Lot size and setbacks from new towers.
(a)
All proposed telecommunication tower and accessory structures
shall be located on a single parcel and a set back from abutting residential
parcels, public property or street lines a distance sufficient to contain
on-site substantially all ice-fall or debris from tower failure and preserve
the privacy of the adjoining properties.
(b)
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If the land
is to be leased, the entire lot required shall be leased from a single parcel.
(c)
All tower bases shall be located at a minimum setback
from any property line a minimum distance equal to 1 1/2 times the height
of the tower.
(2)
Accessory structures shall comply with the minimum setback
requirements in the underlying zoning district.
C.
Visual impact assessment. The Board shall require the
applicant to undertake a visual impact assessment of any proposed new towers
or any proposed modification of an existing tower. The visual impact assessment
shall include:
(1)
A Zone of Visibility Map, provided in order to determine
location where the tower may be seen.
(2)
Pictorial representatives 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, and areas
of aesthetic interest.
(3)
Alternative tower designs and color schemes.
(4)
Description of visual impact of the tower base, guy wires
and foundations, accessory buildings and overhead utility lines from abutting
properties and streets/roads.
D.
New tower design. Alternative designs shall be considered
for new towers, including lattice and single pole structures. The design of
a proposed new tower shall comply with the following:
(1)
Towers and antennas shall be designed to withstand the
effects of the wind according to the standards designated by the American
National Standards Institute as prepared by the engineering departments of
the Electronics Industry Association and Telecommunications Industry Association.
(2)
Unless specifically required by FM or APA regulations,
all towers shall have a finish compatible with the surrounding area that shall
minimize the degree of visual impact.
(3)
The maximum height of any tower intended to be used as
a telecommunications 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 Board may request a review of the application by
a qualified engineer for the evaluation of need for the design of any new
tower.
(5)
Facilities shall maximize the use of building materials,
colors and textures designed to blend with the ambient surroundings.
(6)
No portion of any tower or related structure shall be
used for advertising purposes
E.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures from
nearby properties as well as from public sites known to include important
views or vistas. Where a site abuts a residential property or public property,
including streets, screening shall be required.
F.
Access. Adequate emergency and service access shall be
provided. Maximum use of existing roads, public or private, shall be made.
Road construction shall, at all times, minimize grounds disturbance and vegetation
cutting to within the toe of fill, the top of cuts or no more than 10 feet
beyond the edge of any pavement. Road grades shall closely follow natural
contours to assure minimal visual disturbance and reduce soil erosion potential.
G.
Fencing. Sites of proposed new towers and sites where
modifications to existing towers are proposed shall be adequately secured
to prevent unauthorized access by the general public. Specifically:
(1)
All antennas, communication towers, antenna towers, monopoles
and other supporting structures including guy wires, shall be made inaccessible
to children and constructed or shielded in such a manner that they cannot
be climbed or run into.
(2)
Transmitters and communication control points shall be
installed such that they are accessible only to persons authorized by the
licensee to operate or service them.
H.
Signage.
(1)
Telecommunication towers/facilities shall be permitted
one sign no larger than two square feet to provide adequate notification to
persons in the immediate area of the presence of an antenna that has transmit
capabilities. The sign shall also contain the names of the owners and operators
of the antenna(s) as well as emergency phone numbers.
(2)
The sign shall be located to be visible from the primary
access point to site. No other signage shall be permitted on any antenna(s),
antenna(s) supporting structure, monopole, or communication tower structure
unless required by federal or state regulation.
I.
Color, shape and camouflage.
(1)
In scenic or historic areas, companies are required to
camouflage each tower, for example by putting it inside an artificial tree,
a clock tower, a church steeple, silos or a flagpole.
(2)
Wireless towers are required to paint wireless devices
or supporting structures in a neutral color designed to blend in with the
background. Large dish antennas (e.g., over six feet in diameter) are prohibited.
Existing trees must be left as a buffer and additional trees may be required
to be planted around the entire facility in order to provide screening.
J.
Health concerns, testing and reporting. Section 704 of
the Federal Telecommunications Act of 1996 allows localities to regulate wireless
facilities based on environmental or health effects. The tower company may
be required to pay for regular inspections (annually) if such structure is
located within 1,000 feet of a residence or occupied structure and provide
the local governments with a copy of the inspection report to assure continued
compliance with FCC emissions standards.
K.
Notification. Applicants must notify landowners within
a mile of proposed towers and/or antennas. For areas within 1,500 feet of
a designated byway or scenic trail, the applicant must notify the organization.
The Village of Massena must be notified before any discussions with landowners
that own a site considered to be within the LWRP Waterfront Overlay Area.
A.
Procedure.
(1)
Within 62 days of receipt of a complete preliminary application
as defined above, the Planning Board may approve the preliminary application
or schedule a public hearing. If a public hearing is held, the Planning Board
shall, within 62 days of the completion of the hearing, approve, approve with
modifications or disapprove the preliminary application. Under the referral
provisions of § 239 of General Municipal Law, the Planning Board
may not take final action on the application until a copy of the application
has been forwarded to the St. Lawrence County Planning Board and that Board
has taken action on it pursuant to § 239-m of New York State General
Municipal Law.
(2)
If a preliminary application is approved, the applicant
and the Enforcement Officer shall be notified in writing by the Planning Board
and a building permit issued within 10 days of receipt thereafter of a request
from the applicant. The applicant shall not have to file a final site plan
if the preliminary site plan is approved without modifications.
(3)
If the Planning Board approves the preliminary application
with modifications, the applicant shall submit a final detailed site plan
to the Planning Board for final approval. Within 62 days of receipt of the
application for final site plan approval, the Planning Board shall render
a written decision to the applicant and Code Enforcement Officer, and such
decision shall be signed by the Chairperson of the Planning Board.
B.
Public hearings. All public hearings shall be conducted
in compliance with the provisions of the New York State Open Meeting Laws.
C.
Time limitations. The time periods within which Planning Board actions are required to act are the maximum times allowable. The Planning Board shall make every effort to act as quickly as possible in reviewing applications in order to minimize delays to the applicant. If the Planning Board does not complete its review within the times specified in § 273-6A of this chapter, this will constitute approval of the application, except where the review period has been extended by mutual consent of the applicant and the Planning Board.
D.
Justification and notice.
(1)
The Planning Board shall apply all of the review standards
described in this chapter in reviewing site plans.
(2)
Decisions of the Planning Board shall be in writing and
may include reasonable conditions to further the intent of this chapter. Reasons
for disapproval shall be clearly stated.
(3)
Decisions of the Planning Board shall be filed within
five days in the Code Enforcement Office and a copy mailed to the applicant
by certified mail, with return receipt requested.
(4)
Approval of a site plan by the Planning Board shall be
valid for a period of one year from the date thereof for the purpose of obtaining
a building permit. Failure to secure a building permit during the period shall
cause the site plan approval to become null and void. No building permit shall
be issued and no site work shall commence until all necessary permits and
approvals from Village, county and state agencies are obtained and any required
performance bond is filed with the Village Clerk.
All towers approved must comply with all other regulations of the state
or federal government, including Federal Communications Commission (FCC) regulations
applicable to environmental and health effects of both transmitters and receivers.
The applicant will provide a bond equal to the estimated cost of construction
for the removal of such tower(s) due to nonuse for a period of six months
or for noncompliance or discontinuance of use as determined by the municipality.
Residential accessory uses (e.g., television antennas, satellite dishes, ham radio, citizens band radio) under 50 feet in height are specified in § 300-8C. Specifically, exceptions to these regulations are:
The burden will be placed upon the applicant to prove the facility clearly
meets all the requirements of this chapter. Monetary penalties of up to $100
per day will be imposed for noncompliance. In addition, the facility could
be subject to closure after due process. Any modifications to the use or configuration
of a tower shall constitute the need to obtain a new permit (this includes
increases in tower height or installation of bulky antennas or work platforms
on a tower). The company must provide evidence of general liability and property
damage insurance.
