The Telecommunications Act of 1996 affirmed
the Town of Cortlandt's authority concerning the placement, construction
and modification of telecommunications towers. The Town Board of the
Town of Cortlandt finds that telecommunications towers and related
facilities may pose a unique hazard to the health, safety, public
welfare and environment of the Town of Cortlandt and its inhabitants.
In order to ensure that the placement, construction or modifications
of telecommunications towers and related facilities is consistent
with the Town's land use policies, the Town is adopting a single,
comprehensive telecommunications tower application and permit process.
The intent of this chapter is to minimize the negative impact of telecommunications
towers, establish a fair and efficient process for review and approval
of applications, assure an integrated, comprehensive review of environmental
impacts of such facilities and protect the health, safety and welfare
of the Town of Cortlandt.
This chapter may be known and cited as the "Telecommunications
Tower Siting and Special Use Permit Law for the Town of Cortlandt."
For purposes of this chapter, and where not
inconsistent with the context of a particular section, the defined
terms, phrases, words, abbreviations and their derivations shall have
the meaning given in this Section. When not inconsistent with the
context, words in the present tense include the future tense, words
used in the plural number include words in the singular number and
words in the singular number include the plural number. The word "shall"
is always mandatory, and not merely directory.
ACCESSORY FACILITY OR STRUCTURE
An accessory facility or structure serving or being used
in conjunction with a telecommunications tower and located on the
same property or lot as the telecommunications tower, including but
not limited to, utility or transmission equipment storage sheds or
cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
APPLICANT
Shall include any individual, corporation, estate, trust
partnership, joint stock company, association of two or more persons,
limited liability company, or entity submitting an application to
the Town of Cortlandt for a special use permit for a telecommunications
tower.
APPLICATION
The form approved by the Board, together with all necessary
and appropriate documentation that an applicant submits in its quest
to receive a special use permit for a telecommunications tower.
BOARD
The Zoning Board of Appeals of the Town of Cortlandt, which
is the officially designated agency or body of the community to whom
applications for a special use permit for a telecommunications tower
must be made, and that is authorized to review, analyze, evaluate
and make decisions with respect to granting or not granting, recertifying
or not recertifying or revoking special use permits for telecommunications
towers. The Board may at its discretion delegate or designate other
official agencies of the Town to accept, review, analyze, evaluate
and make recommendations to the Board with respect to the granting
or not granting, recertifying or not recertifying or revoking special
use permits for telecommunications towers.
[Amended 1-18-2005 by L.L. No. 1-2005]
BREAK POINT
The location on a telecommunications tower which, in the
event of a failure of the telecommunications tower, would result in
the telecommunications tower falling or collapsing within the boundaries
of the property on which the telecommunications tower is placed.
CAMOUFLAGED TOWER
Any tower or supporting structure that, due to design, location
or appearance, partially or completely hides, obscures, conceals or
otherwise disguises the presence of the tower and one or more antennas
or antenna arrays affixed thereto.
COLLAPSE ZONE
The area in which any portion of a telecommunications tower
could or would fall, collapse or plunge to the ground or into a river
or other body of water. 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 ten feet, such being not less than 1/2 the height
of the structure.
COLLOCATION
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.
COMPLETED APPLICATION
An application that contains all information and/or data
necessary to enable the Board to evaluate the merits of the application,
and to make an informed decision with respect to the effect and impact
of the telecommunications tower on the Town in the context of the
permitted land use for the particular location requested.
COUNTY
Westchester County, New York.
EAF
The environmental assessment form approved by the New York
Department of Environmental Conversation.
EPA
State and/or Federal Environmental Protection Agency or its
duly assigned successor agency.
FAA
The Federal Aviation Administration or its duly designated
and authorized successor agency.
FCC
The Federal Telecommunications Commission or its duly designated
and authorized successor agency.
FREESTANDING TOWER
A tower that is not supported by guy wires and ground anchors
or other means of attached or external support.
HEIGHT
When referring to a 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.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or governmental entity.
SITE
See "telecommunications tower."
SPECIAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use a telecommunications tower as granted
or issued by the municipality.
STATE
The State of New York.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS TOWER or TOWER or SITE or PERSONAL WIRELESS
FACILITY
A structure or location designed or intended to be used or
used to support antennas. It includes without limit, freestanding
towers, guyed towers, monopoles and similar structures that employ
camouflage technology, including, but not limited to structures such
as a church steeple, silo, water tower, sign or other similar structures
intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It is a structure intended for transmitting and/or
receiving radio, television, cellular, paging, personal telecommunications
services or microwave telecommunications, but excluding those used
exclusively for fire, police and other dispatch telecommunications,
or exclusively for private radio and television reception and private
citizen's bands, amateur radio and other similar telecommunications
that do not exceed height limitations addressed elsewhere in Town
regulations.
TEMPORARY
In relation to all aspects and components of this chapter,
something intended to, or that does, exist for fewer than 90 days.
TOWN
The Town of Cortlandt, New York.
In order to ensure that the placement, construction
and modification of telecommunications towers conforms to the Town's
land use code or law, the Board creates a special use permit for a
telecommunications tower. As such, the Board adopts an overall policy
with respect to a special use permit for a telecommunications tower
for the express purpose of achieving the following goals:
A. Implementing an application process for person(s)
seeking a special use permit for a telecommunications tower.
B. Establishing a policy for examining an application
for and issuing a special use permit for a telecommunications tower
that is both fair and consistent with the current land use code or
law of the Town.
C. Establishing reasonable time frames for granting or
not granting a special use permit for a telecommunications tower,
or recertifying or not recertifying, or revoking the special use permit
granted under this chapter.
D. Promoting and encouraging, wherever possible, the
sharing and/or collocation of a telecommunications tower among service
providers.
E. Promoting and encouraging, wherever possible, the
placement of a telecommunications tower in such a manner as to cause
minimal disruption to aesthetic considerations of the land, property,
buildings and other facilities adjacent to, surrounding and in generally
the same area as the requested location of such a telecommunications
tower.
All telecommunications towers and antennas shall
be located, fenced or otherwise secured in a manner which prevents
unauthorized access. Specifically:
A. All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to individuals and
constructed or shielded in such a manner that they cannot be climbed
or run into.
B. Transmitters and telecommunications control points
must be installed such that they are readily accessible only to persons
authorized by the FCC's licensee to operate or service them.
Telecommunications towers shall contain a sign
no larger than four square feet to provide adequate notification to
persons in the immediate area of the presence of an antenna that has
transmission capabilities. The sign shall contain the name(s) of the
owner(s) 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 antennas, antenna supporting structures
or antenna towers unless required by law.
The extent and parameters of a special use permit
for a telecommunications tower shall be as follows:
A. Such special use permit shall be nonexclusive.
B. Such special use permit shall not be assignable or
transferable without the express written consent of the Board, and
such consent shall not be unreasonably withheld.
C. Such special use permit may be revoked, canceled or
terminated for a violation of the conditions and provisions of the
special use permit for a telecommunications tower, or for a material
violation of this chapter.
The applicant and the owner of record of any
proposed telecommunications tower property site shall be jointly required
to execute and file with the Town a bond or other form of security
acceptable to the Town as to type of security and the form and manner
of execution in an amount deemed sufficient by the Board to assure
the faithful performance of the terms and conditions of this chapter
and any special use permit issued pursuant to this chapter. The full
amount of the bond or security shall remain in full force and effect
throughout the term of the special use permit and/or until the removal
of the telecommunications tower, and any necessary site restoration
is completed.
Any applicant desiring relief or exemption from
any aspect or requirement of this chapter may request such from the
Board at a preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special use
permit or, in the case of an existing or previously granted special
use permit, a request for modification of its tower and/or facilities.
Such relief may be temporary or permanent, partial or complete, at
the sole discretion of the Board. However, the burden of proving the
need for the requested relief or exemption, and its lack of significant
effect on the Town or its residents or other service providers, is
solely on the applicant to prove to the satisfaction of the Board.
The applicant shall bear all costs of the Board or the Town in considering
the request and the relief shall not be transferable to a new or different
holder of the permit or owner of the tower or facilities without the
specific written permission of the Board, and such permission shall
not be unreasonably withheld.
Where this chapter differs or conflicts with
other laws, rules and regulations, unless the right to do so is preempted
or prohibited by the county, state or federal government, the more
restrictive or protective of the Town and the public shall apply.
This chapter is enacted pursuant to the Municipal
Home Rule Law. This chapter shall supersede the provisions of Town
Law to the extent it is inconsistent with the same, and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law or any other applicable statute.