[HISTORY: Adopted by the Town Board of the Town of Wallkill 9-9-1999
by L.L. No. 5-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 249.
A.
The Town of Wallkill has determined that, due to the
increased demand for wireless communications transmitting facilities and the
services they provide, the need for the construction of communications towers
has substantially increased. The intent of this chapter is to regulate these
telecommunications facilities, as herein defined, in order to promote the
health, safety and general welfare of the residents of the Town of Wallkill,
as well as to to protect the aesthetic character of the town by providing
standards for facilities consistent with applicable federal and state regulations
in a manner consistent with sound land use planning.
As used in this chapter, the following terms shall have the meanings
indicated:
An accessory facility or structure serving or being used in conjunction
with a telecommunications facility or tower and located on the same lot, including
utility or transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive radio
frequency signals, including radio, television, cellular, paging, personal
communications services (PCS) and microwave communications.
The construction of facilities to house or support telecommunications
towers so that they blend with the landscape and neighborhood. Examples of
camouflaging that could be used are silo, barn, windmill and simulated tree.
Telecommunications facilities which utilize existing towers, buildings
or other structures for placement of antenna(s) and which do not require construction
of a new tower.
Towers and/or antennas and accessory structures used in connection
with cellular telephone service, personal communications services (PCS), paging
services, radio and television broadcast services and similar broadcast services.
The following types of telecommunications facilities are not subject to the
provisions of this section:
A structure designed to support antennas, including freestanding
towers, guyed towers, monopoles and similar structures which employ camouflaging
technology.
Monopoles range in height from 25 to 125 feet and are wider at the base
than at the top. They may support any combination of antennas. Monopoles shall
be preferred to lattice towers and guyed towers.
Lattice towers range from 60 to 200 feet in height. These may have three
or four support legs and hold a variety of antennas.
Guyed towers are supported either partially or wholly by guy wires and
ground anchors. The towers are 120 to 150 feet in height.
A.
No telecommunications facility shall hereafter be used,
erected, moved, reconstructed or altered except in conformity with these regulations.
B.
No existing facility or structure shall be modified to
serve as a transmission tower, communication tower, satellite dish, antenna
or similar use unless in conformity with these regulations.
C.
The application fee for any facility shall be $7,500.
The applicant shall also place $7,500 in escrow with the Town Clerk to reimburse
the town for engineering, planning and legal fees connected with the review
of the project. Any unused funds will be returned to the applicant.
No telecommunications facilities are permitted in any zoning district in the Town of Wallkill without a special use permit, and compliance with the requirements for same as set forth in Chapter 249 (Zoning) of the Town Code shall apply in addition to the requirements set forth herein.
No special use permit or renewal or modification thereof relating to
a telecommunications facility shall be authorized by the Planning Board unless
it finds that such facility:
A.
Is necessary to meet current or expected demands for
services.
B.
Conforms to all applicable regulations of the Federal
Communications Commission, Federal Aviation Administration and other federal
agencies.
C.
Is considered a public utility in the State of New York.
D.
Is designed and constructed in a manner which minimizes
visual impact to the extent practical.
E.
Complies with all other requirements of this chapter.
F.
Is the most appropriate site among those available within
the technologically feasible area for the location of a facility.
A.
All applications for a special use permit shall be in
writing on forms provided by the town.
B.
Each applicant for a telecommunications facility shall
submit an environmental assessment form (EAF) (long form) with visual addendum
and an analysis demonstrating that the location of the telecommunications
facility as proposed is necessary to meet the frequency reuse and spacing
needs of the applicant's telecommunications system and to provide adequate
service and coverage to the intended area. The Planning Board may require
submission of a more detailed visual analysis based on the results of the
visual EAF.
C.
Each applicant shall submit a site plan prepared to scale
and in sufficient detail and accuracy showing at a minimum:
(1)
The exact location of the proposed telecommunications
facility, together with any guy wires and anchors, if applicable.
(2)
The maximum height of the proposed telecommunications
facility and/or tower measured from the grade at the base of the tower.
(3)
Detail of tower type (monopole, guyed, freestanding or
other).
(4)
The location, type and intensity of any lighting on the
tower.
(5)
Property boundaries and names of adjacent landowners
within 500 feet of the parcel on which the tower is located.
(6)
Proof of the landowners' consent if the applicant does
not own the property.
(7)
The location of all structures on the property and all
structures on any adjacent property within 100 feet of the property lines,
together with the distance of these structures to the facility.
(8)
The location, nature and extent of any proposed fencing,
landscaping and/or screening.
(9)
The location and nature of proposed utility easements
and access roads, if applicable.
D.
All applicants shall, in writing, identify the location
of any additional sites that they are or will be considering or reviewing
for telecommunications facilities in the town and all adjacent towns.
F.
All applicants applying for telecommunications facilities
agree to reimburse the town for consultants and/or specialists to assist the
town in the applications.
G.
All applicants must certify that transmission from their
telecommunications facility will not interfere with existing signals, such
as household television and radio, etc.
The following criteria and additional requirements shall apply to each
application for a facility:
A.
Dimensional standards.
(1)
All new towers shall be set back from all adjacent property
lines a sufficient distance to safeguard the general public and/or adjacent
property. In the absence of any evidence supporting a greater or lesser setback
distance, a setback of the tower from any adjacent property line equal to
the height of the tower plus 50 feet shall be deemed adequate. In no case
shall a tower be located closer than 1,000 feet to a residential dwelling
located upon any other dwelling. Accessory structures and guy anchors must
comply with the minimum setback requirements of the underlying district.
(2)
All telecommunications facilities shall be located on
a single parcel.
B.
Collocation.
(1)
The shared use of existing telecommunications facilities
shall be preferred to the construction of new facilities. Where such shared
use is unavailable, location of an antenna on preexisting structures shall
be considered. Any special permit application, renewal or modification thereof
shall include proof that reasonable efforts have been made to collocate with
(share) an existing telecommunications facility or upon an existing structure.
Copies of written requests and responses for shared use shall be provided.
The application shall also include an adequate inventory report specifying
existing facility sites and structures within the search range of the cell
grid and an evaluation of opportunities for shared use as an alternative to
new construction.
(2)
The applicant must demonstrate that the proposed facility
cannot be accommodated on existing facilities or other structures in the inventory
due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity
of existing and approved facilities or other structures, considering existing
and planned use for same.
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment which cannot be reasonably prevented.
(c)
Existing or approved facilities or other structures do
not have space on which proposed equipment can be placed so it can function
effectively or other technical reasons make it impracticable.
(d)
The property owner or owner of the existing facility
or other structure refuses to allow such collocation.
(3)
The applicant must consider designing any proposed tower
to accommodate future shared usage. The scope of this analysis shall be determined
by the Planning Board for special use permit approvals. This requirement may
be waived if the applicant demonstrates that the provisions of future shared
usage of the facility is not feasible based upon:
(a)
The number of Federal Communications Commission (FCC)
licenses foreseeably available for the area.
(b)
The kind of tower site and structure proposed.
(c)
The number of existing and potential licenses without
tower spaces/sites.
(d)
Available spaces on existing and approved towers.
(e)
Potential adverse visual impact by a tower designed for
shared usage.
C.
Lighting and markings.
(1)
Towers shall not be artificially lighted and marked beyond
the requirements of the Federal Aviation Administration (FAA).
(2)
Notwithstanding the preceding subsection, an applicant
may be compelled to add FAA-style lighting and marking if, in the judgment
of the Planning Board, such a requirement would be of direct benefit to public
safety.
D.
Appearance and buffering.
(1)
The use of any portion of a telecommunications facility
for signs, promotional or advertising purposes of any type is prohibited.
(2)
The facility shall have the least practical visual effect
on the environment, as determined by the Planning Board. Any tower that is
not subject to FAA marking shall otherwise:
(a)
Have a galvanized finish or shall be painted gray or
green below the tree line, as deemed appropriate by the Town Planning Board;
or
(b)
Be disguised or camouflaged to blend in with the surroundings,
to the extent that such alteration does not impair the ability of the facility
to perform its designed function.
(3)
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend in with the natural surroundings.
(4)
The Town Planning Board shall require that the facility
have appropriate vegetative buffering around the fences of the tower base
area, accessory structure and the anchor points of guyed towers to buffer
their view from neighboring residences, recreation areas or public roads.
Such screening shall include the maximum feasible retention of existing vegetation.
E.
Traffic access and safety.
(1)
A gated and locked road turnaround and at least two parking
spaces shall be provided to assure adequate emergency and service access.
Any necessary road construction shall minimize ground disturbance and vegetation
cutting and shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential.
(2)
All towers and guy anchors, if applicable, shall be enclosed
by a fence not less than eight feet in height or otherwise sufficiently secured
to protect from trespassing or vandalism. All such fenced areas shall be screened
as provided herein.
(3)
The applicant shall, in each instance, provide a certification
from a qualified, licensed engineer, certifying hat the tower or telecommunications
facility meets structural safety standards, and said facility must be maintained
in good condition at all times.
F.
Height. The applicant shall submit sufficient information
to justify the proposed height of a tower as the minimum necessary to achieve
its coverage objections. In no event, however, shall any tower exceed a height
of 150 feet as measured from the grade level at the base of the tower. The
maximum height of any tower with antennas shall not exceed a height which
requires artificial lighting of any kind, in accordance with any federal laws
or regulations, without first obtaining an area variance from the Zoning Board
of Appeals.
A.
The applicant shall agree, in writing, to remove the
tower or antennas if the telecommunications facility ceases to be used for
its intended purpose for six consecutive months. Removal of such obsolete
and/or unused towers shall take place within three months thereafter. Such
agreement shall also include a commitment by the applicant to impose similar
obligation to remove any unused and/or obsolete tower or antennas upon any
person subsequently securing rights to collocate on the tower or telecommunications
facility.
B.
Bond or security.
(1)
The applicant shall be required to execute and file with
the Town Clerk a bond, or other form of security acceptable to the Town Attorney
and Engineer, in an amount sufficient for the faithful performance of the
terms and conditions of the permit issued hereunder and to provide for the
aforesaid removal and restoration of the site subsequent to its removal.
(2)
The amount of the bond or security shall be no less than
150% of the cost of removal of the tower and restoration of the site and shall
be reviewed and adjusted at five-year intervals.
(3)
In the event of a default upon performance of such conditions
or any of them, the bond or security shall be forfeited to the town, which
shall be entitled to maintain an action thereon. The bond or security shall
remain in full force and effect until the removal of the telecommunications
facility and site restoration.
(4)
The applicant shall also maintain general liability insurance
coverage on any tower or facility in the amounts of $1,000,000 for injuries
and $500,000 for property damages, naming the Town of Wallkill as additional
insured.
Any violation of this chapter shall be punishable by a fine of up to
$2,000 per day said violation continues.
