[HISTORY: Adopted by the Town Board of the
Town of Concord 4-14-1997 by L.L. No. 6-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 150.
As used in this chapter, the following terms
shall have the meanings indicated:
Any commercial equipment used in connection with the provision
of wireless communication services, including cellular telephone service,
personal communications services, radio and television broadcast services
and private radio communications services, which are required by the
Federal Communications Act of 1996 and other federal laws. A telecommunication
facility shall include antenna(s), principal and accessory telecommunications
equipment and supporting masts, monopoles and structures, buildings
and appurtenances servicing the same.
A telecommunication facility is permitted in the R-AG District only, and a special use permit must be granted by the Town of Concord pursuant to Chapter 150, Article XI, 150-47A(14)(a).[1] The Town Board shall have the right to waive any provision
of this section for facilities whose total height above ground does
not exceed 35 feet.
An application fee as set by the Town Board
from time to time will be assessed, with a fee as set by the Town
Board from time to time for a coapplicant.[2]
The site plan for the proposed telecommunication facility shall be reviewed by the Town of Concord Planning Board before a hearing is held by the Town Board of the Town of Concord. The Planning Board shall submit to the Town Board an analysis of the proposal. A site plan submittal and review under § 150-176 of Chapter 150, Zoning, shall be required.
Applicant or coapplicant will conform with applicable
state and federal environmental laws and the parties will warrant
their compliance and also any compliance with the FCC rules and regulations.
Also, it should be the right of the Town Board to receive proof that
these environmental rules and regulations, and FCC rules and regulations,
have been complied with.
A minimum of $1,000,000/$3,000,000 liability
insurance is required and a minimum of $250,000 property damage insurance
is required. An annual verification of policy in effect is to be submitted
to the Town.
No special use permit or renewal thereof or
modification of the conditions of a current special use permit relating
to a telecommunication facility shall be authorized by the Town of
Concord Town Board unless it finds that such telecommunication facility:
A.
Is necessary to meet current or expected demands for
services supported by the telecommunication facility for that applicant's
network;
B.
Conforms with all applicable regulations promulgated
by the Federal Communications Commission;
C.
Is designed and constructed in a manner which minimizes
its visual impact to the extent practical;
D.
Complies with all other requirements of this chapter;
E.
Is the most appropriate site within the technically
feasible area for the location of the telecommunication facility.
A.
The shared use of existing telecommunication facilities
or other structure shall be preferred to the construction of new such
facilities. Any application for a special use permit or renewal thereof
or modification of the conditions of a current special use permit
shall include proof that reasonable efforts have been made to collocate
with an existing telecommunication facility or upon an existing structure.
The application shall include an adequate inventory report specifying
existing facility sites and structures of height exceeding 75% of
the height of the proposed tower within a one-mile radius from the
proposed site if this application is for cellular telephone or personal
communications use or a five-mile radius for other services. The inventory
report shall contain an evaluation of opportunities for shared use
as an alternative to the proposed location.
B.
The applicant must demonstrate that the proposed telecommunication
facility cannot be accommodated on existing facility sites in the
inventory due to one or more of the following reasons:
(1)
The planned equipment would exceed the structural
capacity of existing and approved telecommunication facilities or
other structures, considering existing and planned use for those facilities.
(2)
The planned equipment would cause radio interference
with other existing or planned equipment which cannot be reasonably
prevented.
(3)
Existing or approved telecommunication facilities
or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably.
(4)
The property owner or owner of the existing tower,
etc. or other structure refuses to allow such collocation.
Each proposed telecommunication facility shall
meet the following design requirements:
A.
The facility shall be separated from residential dwellings,
schools and designated historical areas by the distance of 500 feet.
The Town of Concord Town Board may modify this condition if the facility
is attached to an existing structure or for other satisfactory reasons.
B.
The facility shall have the least possible practical
visual effect on the environment as determined by the Town Board and
shall not be more than 350 feet above ground level. Towers, antenna(s)
and masts shall have a low intensity strobe light unless otherwise
required by the Federal Aviation Administration or other federal,
state or local authority. Towers shall have a galvanized finish or
shall be painted gray above the surrounding treeline and gray or green
below the treeline. The Town Board may impose reasonable conditions
designed to lesson any adverse aesthetic impact.
C.
The facility shall be provided with vegetative and
landscape screening of the base area as stipulated by the Town Board.
D.
The facility shall include a fall zone surrounding
any support towers, which fall zone must have a radius of at least
equal to the height of such support tower and any antenna(s) attached
thereto. The entire fall zone may not include public roads and must
be located on property either owned or leased by the applicant or
for which the applicant has obtained an easement, may not contain
any structure other than those associated with the telecommunications
facilities, except as further allowed in this subsection, and may
not be located within the setback area established by this chapter.
If the facility is attached to an existing structure, fall zone requirements
may be modified by specific permission of the Town Board.
E.
Towers and auxiliary structures shall be surrounded
by a fence or wall at least six feet in height of a reasonable design
approved by the Town Board, but with limited visual impact. Barbed
wire is not to be used in residential areas or on public property
unless specifically permitted by the Town Board.
F.
There shall be no permanent climbing pegs within 15
feet of the ground on any tower.
Any application for a special use permit or
renewal thereof or modification of the conditions of a current special
use permit relating to a telecommunication facility shall include:
A.
A safety analysis shall be made of the electromagnetic
environment surrounding the proposed site. The safety analysis shall
be prepared by a qualified electromagnetic engineering specialist
or health professional qualified to produce such analysis. The safety
analysis must demonstrate that the general public electromagnetic
radiation exposure does not exceed the standards set by federal regulations.
B.
A completed Visual Environmental Assessment Forum
(visual EAF) and landscape plan, with particular attention given to
the visibility of the facility from key viewpoints identified in the
visual EAF, existing treelines and proposed elevations. The Town Board,
upon its review, may request additional visual and aesthetic information
as it deems appropriate on a case-by-case basis. Such additional information
may include, among other things, line-of-site drawings and/or visual
simulations. The visual impact analysis shall be prepared by a landscape
architect registered in the State of New York. The Town, at the expense
of the applicant, may employ consulting assistance to review the findings
and conclusions of the visual impact analysis.
C.
A report, prepared by a New York State licensed professional
engineer, which, in the case of a tower, describes its height and
design, including a cross section of the structure; demonstrates the
tower's compliance with applicable structural standards; and describes
the towers capacity, including the number and type of antennas it
can accommodate. In the case of an antenna(s) mounted on an existing
structure, the report shall indicate the existing structure's suitability
to accept the antenna and proposed method of affixing the antenna(s)
to the structure. Complete details of all fixtures and couplings and
the point of attachment shall be indicated on a design plan.
D.
The applicant at the time of obtaining a building
permit must provide a financial security bond for removal of the telecommunication
facility with the Town of Concord as assignee in an amount approved
by the Town Board, but not less than $50,000.
E.
The applicant must submit a letter of intent stating
whether the applicant intends to lease excess space on the facility
to other potential users at reasonable rental rates and on reasonable
terms. The applicant shall cooperate with the Town of Concord by providing
the services, without cost, for emergency services such as but not
limited to 911, police, fire and ambulance. The letter shall require
the facility owner and successors in interest to do the following:
(1)
Respond in a timely, comprehensive manner to the request
for information.
(2)
Negotiate in good faith for shared use by third parties.
(3)
Allowed share use if an applicant agrees in writing
to pay reasonable rental charges or other consideration and to pay
the costs of adapting the facility or existing users' equipment to
accommodate a shared user without causing uneconomically correctable
electromagnetic interference or causing electromagnetic radiation
in excess of levels set by the federal regulations and can otherwise
agree on reasonable business terms and conditions for shared use of
the facility.
(4)
Respond to inquiries for shared use with the information
required herein.
All telecommunication facilities in the Town
of Concord shall fulfill the requirements of this section. The Town
Code Enforcement Officer is empowered to enforce these regulations.
A.
The sufficiency of the facility removal bond shall
be confirmed at least every five years by an analysis of the cost
of removal and property restoration performed by the New York State
licensed professional engineer. The results of such analysis shall
be communicated to the Town Board. If the bond amount in force is
insufficient to cover the costs of removal of the tower, etc., it
shall be immediately increased to cover such amount.
B.
The facility shall be inspected minimally every second
year for structural integrity by a New York State licensed professional
engineer, and a copy of the inspection report shall be submitted to
the Town Code Enforcement Officer (CEO) and the Town Planning Board.
C.
Any work to augment or repair the facility shall comply
with all applicable code requirements and a building permit shall
be obtained to conduct such work when required by the code.
D.
The safety analysis shall be updated minimally every
second year to demonstrate that the telecommunication facilities continue
to comply with the federal regulations for public exposure to electromagnetic
radiation. The safety analysis update shall be prepared by the applicant's
expert and shall be submitted to the Town CEO. Any specific conditions
set forth in the granting of the special use permit relative to the
safety and operation of the facility shall be individually addressed.
E.
Any additional antennas, reception or transmission
dishes or other similar received or transmitting devises proposed
for attachment to an existing facility shall require review in accordance
with this section. The intent of the requirement is to ensure the
structural integrity, visual aesthetics and land use compatibility
of communications towers upon which antennas, dishes or similar receiving
devices installed will not adversely affect the structural integrity
of the facility. A visual impact analysis shall be included as part
of the application for approval to install one or more additional
communications devices to an existing facility.
F.
The use of any portion of the facility for signs or
advertising purposed, including company name, banners, streamers,
etc., is prohibited.
G.
No outside storage of vehicles, materials or waste
shall be allowed, except for limited periods when the facility is
undergoing additions, repairs or renovation.
H.
The facility and its approaches shall be maintained
in good order and repair at all times according to Town Code requirements.
I.
Severability clause. If any section(s), subsection(s),
clause(s), phrase(s) or portion(s) of this chapter is/are for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion(s) shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity
of the remaining portions hereof.
