[HISTORY: Adopted by the Town Board of the Town of Malta 4-6-1998 by L.L. No. 3-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 167.
The Telecommunications Act of 1996 affirmed the Town of Malta's authority concerning the placement, construction and modification of telecommunications towers. The Town Board of the Town of Malta finds that telecommunications towers and related facilities may pose a unique hazard to the health, safety, public welfare and environment of the Town of Malta 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, and to fulfill our obligations under the State Environmental Quality Review Act (SEQRA),[1] 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; minimize the number of towers in the community by encouraging shared use and the use of existing structures; 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 people of the Town of Malta. The Town Board, recognizing that it cannot ban such facilities from the Town, intends to implement this chapter so as to minimize to the maximum extent possible the negative aesthetic impact of such facilities.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
As of the effective date of this chapter, no person shall site, build or prepare any site for the placement or use of any telecommunications towers, antenna(s) or related facilities without first duly applying for and obtaining the written approval of the Town Board (hereinafter "telecommunications siting permit" or "permit") according to the procedures and requirements of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ANTENNAS
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 communications services and microwave communications.
APPLICANT
Shall include any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons, limited liability company, or entity that submits an application.
APPLICATION
The form, together with all necessary and appropriate documentation required of the applicant to receive a telecommunications siting permit.
COLLAPSE ZONE
The area in which any portion of a telecommunications tower could or would fall, collapse or plunge to the earth. 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 10 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.
EAF
Environmental assessment form.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a telecommunications 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.
NORTHWAY GREENBELT BUFFER
The portion of protected land and tree-lined corridor along the Northway (Interstate 87) identified in the Town's Master Plan dated 1988.
RELATED FACILITIES
Any accessory facility or structure serving or being used in conjunction with a telecommunications tower, including but not limited to utility or transmission equipment storage sheds or cabinets.
SATELLITE ANTENNA
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 or airborne sources.
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and other information or signals by wire, radio, light or other electronic or electromagnetic systems.
TELECOMMUNICATIONS TOWER
Structure or locations selected, designed or intended to be used to support an antenna. It includes without limit freestanding towers, guyed towers, monopoles and structures of similar height including but not limited to structures such as buildings, church steeples, silos, water towers, utility towers and poles, signs or other similar structures. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal communications services or microwave communications, but excluding those used exclusively for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's band, amateur radio and other similar communications that do not exceed height limitations addressed elsewhere in Town regulations.
A. 
The Town of Malta's policy is to minimize the impact of telecommunications towers in the Town and mitigate the impact of such facilities as are required.
B. 
The Town finds that collocation and effective camouflaging of telecommunications facilities is in the public interest and should be encouraged. As hereinafter described, the Town Board will waive such requirements of the application for facilities to be collocated on existing structures, or for facilities which will be effectively camouflaged (sometimes called "stealth facilities") in either existing or new structures. The Town Board will expedite review and approval of such applications.
C. 
The Town Board may retain the services of consultants or experts to assist it in reviewing applications pursuant to this chapter.
D. 
The Town Board may refer any applications or part thereof to any advisory or other committee for nonbinding recommendations.
E. 
The Town Board may conduct preapplication meetings with potential applicants, at the applicant's request.
F. 
Except for necessary building permits and subsequent certificates of compliance, no additional permits or approvals from the Town of Malta (e.g. site plan, zoning approvals) will be required for facilities covered by this chapter.
G. 
The Town Board will undertake review of applications pursuant to this chapter in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution.
H. 
Given the public's perception of the risks of radio frequency, technology, the Town Board may hold one or more public information sessions for purposes of addressing the public's concerns regarding the health and safety implications of the applicant's requested permit, and may compel that the applicant be available to answer questions. The Town Board may not, however, refuse to issue a telecommunications siting permit or the grounds of the public's concern regarding the health and safety of the proposed facility's radio frequency (RF) emissions if the parameters of the RF emissions comply with applicable federal law.
I. 
The Town Board intends to be lead agency pursuant to SEQRA. The Town Board shall conduct an integrated comprehensive environmental review of the proposed project as part of its review of the application under this chapter.
J. 
The Town Board shall refer applications to the county planning agency of Saratoga County when and as required by law.
A. 
An application to construct a new telecommunications tower shall be accompanied by an application fee in an amount set forth in Table A to Chapter 88.
[Amended 11-3-2010 by L.L. No. 9-2010]
B. 
An application for collocation on an existing tower, or an application for construction of a new, completely camouflaged (i.e., stealth site) telecommunications tower, shall be accompanied by an application fee in an amount set forth in Table A to Chapter 88.
[Amended 11-3-2010 by L.L. No. 9-2010]
C. 
All applicants will be required to deposit with the Town funds sufficient to reimburse the Town for the actual reasonable costs of the Town's consulting engineer, attorney or other consultant and expert assistance to the Town Board in connection with review of the application. The Town Building Department will maintain a separate account for all escrow deposits. The Town's consultants shall provide at the Board's request estimates and the basis for their charges, and shall bill the Town monthly for their services in reviewing such application and performing their duties. These monthly billings shall be charged against the applicant's escrow balance. If at any time during the review and approval process the applicant's escrow account shows a negative balance, additional funds must be submitted to the Town Building Department before any further action can be taken on the application. If at the conclusion of the review and approval process the amount of such services is more than the amount escrowed pursuant hereto, the applicant shall pay the difference to the Town Building Department prior to the issuance of any building permits or certificates of compliance, and in the event that the amount held in escrow by the Town Building Department is more than the amount of the actual billing the difference shall be refunded to the applicant. Collection of such costs and/or fees may be made pursuant to any of the methods set forth in this chapter, as well as by any means set forth in Chapter 88.
[Amended 11-3-2010 by L.L. No. 9-2010]
A. 
Applications under this chapter must contain at least the information required by this section. The application must be verified by a responsible officer of the applicant. The landowner, if different than the applicant, shall acknowledge the application and verify that he is aware of the application and is aware that the Town may deny the application or issue a permit with conditions. Where this section calls for certification, such certification shall be by a qualified person acceptable to the Town of Malta, unless otherwise noted. All applicants should seek preapplication meetings with the Town Board.
B. 
The Town Board of the Town of Malta will, upon the applicant's request, waive some of the provisions of this section in cases where the application is for a collocated facility or an effectively camouflaged (i.e., stealth) facility. The applicant should seek a preapplication meeting with the Town Board to review such a proposed application and settle the waivers or establish provisions which will help to expedite review and permitting for such applications. The purpose to such waivers or other alternative procedures shall be to expedite and minimize the cost to the applicant and the Town of Malta for review and permitting for collocation and other applications that meet the minimization and mitigation goals of this chapter.
C. 
An application for a permit under this chapter shall contain at least the following information:
(1) 
Name(s) and address(es) of person(s) preparing the report and the telephone number of a contact person.
(2) 
Name(s) and address(es) of the proposed property site owner, operator and applicant.
(3) 
Postal address and sheet, block and lot or parcel number of the proposed property site.
(4) 
Zoning district in which the proposed site is situated.
(5) 
A map showing the size of the proposed property site and the location of all lot lines.
(6) 
Location of the nearest residential structure.
(7) 
Location of the nearest habitable structure.
(8) 
Location of all structures on the proposed property site which is the subject of the application.
(9) 
Location, size and height of all proposed and existing antennas and all appurtenant structures, and showing the collapse zone on the drawing.
(10) 
Type, size and location of all proposed and existing landscaping.
(11) 
The number, type and design of the tower and antenna(s) proposed, the basis for the calculations of tower and system capacity, and the grounding for the installation.
(12) 
The make, model and manufacturer of the tower and antenna(s).
(13) 
A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
(14) 
The frequency, modulation and class of service of radio equipment.
(15) 
Transmission and maximum effective radiated power of the antenna(s).
(16) 
Direction of maximum lobes and associated radiation of the antenna(s).
(17) 
The applicant's proposed tower maintenance and inspection procedures and record systems.
(18) 
Certification by a qualified professional that NIER levels at the proposed site are within parameters adopted by the FCC.
(19) 
Certification by a qualified professional that the proposed antenna(s) will not cause interference with existing communication devices.
(20) 
Certification by a New York State licensed professional engineer that the tower and attachments as designed meet all structural requirements for such items as loads, wind, ice, etc.; after construction, the applicant shall certify that, as built, the structure also meets all applicable requirements.
(21) 
The applicant shall name the Town as an additional insured on its insurance policy, in a reasonable amount to be agreed upon between the applicant and the Town Supervisor.
[Amended 6-1-1998 by L.L. No. 4-1998]
(22) 
A copy of the FCC license applicable to the application.
(23) 
The applicant's plan for a period of at least two years for telecommunications facilities located or to be located in the Town and all adjoining municipalities. The applicant shall identify and disclose the number and locations of any additional sites that the applicant has, is or will be considering, reviewing or planning for towers, antenna(s) or related facilities in the Town, and all Towns adjoining the Town for a period of at least two years from the date of the submittal of the application.
(24) 
The applicant shall demonstrate its review of proposed alternatives as required by this chapter. An applicant may not omit analysis of appropriate alternative sites of lesser impact on the grounds that the site presented is the only site leased or selected. An application shall address collocation as an option and if such option is not proposed, the applicant must explain why the option is not feasible.
(25) 
In the case of an application for a new telecommunications tower, the applicant must examine the feasibility of designing a proposed tower to accommodate future demand for at least two additional commercial applications (i.e., future collocations). The tower must be structurally designed to accommodate at least two additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. The requirement to construct a tower that can accommodate collocation may be waived by the Town, provided that the applicant demonstrates that the provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon consideration such as, for example:
(a) 
The number of FCC licenses foreseeable available for the area.
(b) 
The kind of tower site and structure required.
(c) 
The number of existing and potential licenses without tower spaces/sites.
(d) 
Available spaces on existing and approved towers.
(e) 
The potential for significant adverse visual impact of a tower designed for shared use.
(26) 
The applicant may be required to address the impact upon property values in the neighborhood brought about by the proposed tower.
(27) 
The applicant shall set forth alternative tower designs, color schemes and disguises for the telecommunications tower, antennas and related facilities, including a design which effectively camouflages the facility (stealth facility) or avoids the use of a freestanding metal tower. The applicant shall explain why a towerless system, such as a system that uses cable television or other technologies, is not feasible.
[Amended 6-1-1998 by L.L. No. 4-1998]
(28) 
The applicant shall submit copies of its site prioritization and propagation studies or analyses.
(29) 
The applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four miles (unless the applicant can show that some other distance is more reasonable) of any proposed new tower site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.
(30) 
The applicant shall submit a complete New York State SEQRA long EAF Part I and visual EAF addendum Appendix D. The Town Board may require submission of a more detailed visual analysis based on the results of the visual EAF.
(31) 
The applicant shall submit a visual impact assessment which should include:
(a) 
A Zone of Visibility Map to determine locations where the tower may be seen;
(b) 
Representations 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, other public lands, preserves and historic sites, and from any other location where the site is visible to a large number of visitors or travelers. If requested by the applicant, the Town Board acting in consultation with its consultants or experts will provide guidance concerning the appropriate key site assessment of the visual impact.
(32) 
The applicant shall explain in detail its proposed method of effectively screening from view its proposed tower base and all related facilities.
D. 
The Town Board may require the applicant to supply such further and additional information as it deems necessary in order to carry out its responsibilities under the law.
E. 
The Town Building Inspector shall determine the number of copies of the application which must be submitted. The applicant is encouraged to confer with the Building Inspector to explore whether some portions of the application need not be reproduced in all copies. Absent a determination by the Building Inspector, the applicant must submit 12 copies of the complete application.
A. 
An applicant must demonstrate to the Town Board's satisfaction that the telecommunications tower, antenna(s) and related facilities will meet these conditions. In all cases the burden of proof shall be upon the applicant.
B. 
Applicants for telecommunications towers and antennas shall locate, erect and site said facilities in accordance with the following priorities:
(1) 
Collocation on existing towers or structures.
(2) 
Camouflaged or stealth facility.
(3) 
Locations where topography and cover minimize the visual impact.
(4) 
In industrial areas.
C. 
No new telecommunications tower which would have an adverse visual impact upon sensitive areas, such as the Northway Greenbelt, historic sites, lakes and scenic places, shall be approved. Modifications of existing towers or addition of antenna(s) to existing towers or stations in such sensitive areas may be acceptable, if otherwise consistent with this chapter. The Town Board may establish a list of such areas.
D. 
At all times, collocation on existing towers and appropriately camouflaged use of existing or new structures shall be preferred over the proposed construction of new towers.
E. 
Towers shall be no higher than the minimum height necessary. Unless waived by the Town Board upon good cause shown, the presumed maximum height will be 140 feet, based on three collocated antenna arrays and an ambient tree height of 80 feet.
F. 
If a new structure is required, structures that effectively camouflage the facility shall be preferred.
G. 
Except for good cause shown, towers shall not exceed the height requiring artificial lighting. Telecommunications towers shall not be artificially lighted or marked except as required by law. Towers shall be appropriate materials and color to harmonize with the surroundings. Towers shall be designed and sited so as to avoid application of lighting requirements.
H. 
Telecommunications towers shall be permitted one sign no larger than two square feet to provide adequate notification to persons in the immediate area of the antenna(s) that it has transmission capabilities. The sign shall also 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 antenna(s) tower, unless required by law.
I. 
Telecommunications towers and antenna(s) shall be located, fenced or otherwise secured in a manner which prevents unauthorized access by the general public. All antenna towers, monopoles and other supporting structures, including guy wires, shall be made inaccessible to persons and constructed or shielded in such a manner that they cannot be climbed or run into. Transmitters must be designed and installed such that any adjustments or controls that could cause the transmitter to deviate from its authorized operating parameters are readily accessible only to persons authorized to make such adjustments.
J. 
All proposed telecommunications towers and related facilities shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on site all ice-fall or debris from a tower failure and preserve the privacy of any adjoining properties. Telecommunications towers shall comply with all existing setback requirements of the underlying zoning district or shall be equal to 1/2 of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
K. 
All utilities leading to and away from any new telecommunications site shall be installed underground and in compliance with all the laws, rules and regulations of the Town. The Town Board may waive or vary the requirements of underground installation whenever, in the opinion of the Town Board, such variance or waiver shall not be detrimental to the public health, safety, general welfare or environment, including the visual and scenic characteristics of the area.
L. 
All telecommunication towers and related facilities shall be sited to the maximum extent practicable to have the least adverse visual effect on the environment, visual view shed and residences in the Town.
M. 
Related facilities shall maximize use of building materials, colors, textures and architectural styles designed to blend with the surroundings.
N. 
Existing on-site vegetation shall be preserved to the maximum extent possible, consistent, however, with the Town Board's determinations concerning site plantings and screening.
O. 
There must be adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
P. 
In the event that a telecommunications tower and/or related facility is no longer used for the purpose specified in the application, or the telecommunications tower and/or related facility ceases operations for a continuous period of 180 days, the Town Board may by resolution after hearing held upon due notice require the applicant or its successors or assigns to dismantle and remove such tower, structures and facilities from the site and restore the site (in the fashion as ordered by the Town Board) within 90 days of receipt of written notice from the Town Board.
Q. 
After construction and prior to receiving a certificate of compliance, the applicant shall provide certification acceptable to the Town that the telecommunications tower is grounded so as to protect person and property and installed with appropriate surge protectors.
R. 
Telecommunications tower shall be designed so that in the event of failure they will fall within the setback area or collapse zone, and not threaten neighboring properties.
S. 
Noise-producing equipment shall be sited and mitigated to produce the lowest possible off-site noise impact.
T. 
The Town Board may require the applicant to accept in writing the terms and conditions of a permit.
U. 
The applicant shall disclose in writing any agreement in existence prior to submission of the application that would limit the ability of the applicant to share any new telecommunications tower.
V. 
No applicant or owner shall enter into any agreement that limits, prohibits or precludes or has the effect of limiting, prohibiting or precluding the right or ability of any person or applicant to share space on a telecommunications tower in the Town.
W. 
Navigable airspace. Applications for construction of new telecommunications tower shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations (FAR) Part 77. Additionally, no application for construction of a new telecommunications tower will be approved if the proposed tower violates the criteria for obstruction to air navigation as established by FAR Part 77 Subpart C, Obstruction Standards.
[Added 6-1-1998 by L.L. No. 4-1998]
A. 
Prior to issuing a telecommunications facility siting permit, a public hearing shall be held by the Town Board, notice of which shall be published in the official newspaper for the Town no less than 10 days in advance. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 1,500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal park lands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail or other reliable method acceptable to the Town no less than 10 days in advance of the hearing. Proof of notification shall be submitted to the Town Board at least seven days prior to the hearing.
B. 
The Town Board will schedule the public hearing referred to above once it tentatively finds that the application is complete. The Town Board at any stage prior to issuing a permit may require such further information as it deems necessary.
C. 
The applicant, its successors or assigns shall file annually with the Town, within 30 days of the anniversary date of the permit, certification that the applicant, its successors or assigns are complying with its maintenance and inspection procedures, including all visual screening conditions in the permit; that the tower and related facilities are not a hazard or a threat to the health, safety or welfare of the public and to the environment; that RF emissions comply with current FCC or other applicable standards; that the insurance and financial undertakings required by this chapter are in effect; and that the facility is in use. If the applicant, its successors or assigns fail to make certification, the Town Board, upon reasonable notice and giving the applicant an opportunity to cure, may by resolution revoke the permit.
D. 
In order to keep neighboring municipalities informed, and to facilitate the goal of collocation and shared use, an applicant who proposes a new telecommunications tower shall notify the legislative body of each municipality that borders the Town, and the Saratoga County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use. Proof of this notification shall be submitted to the Town Board at the time of application.
A. 
The Town Board may issue a permit, a permit with conditions or deny the application. Its decision shall be in writing, and based on substantial evidence, upon a record. The burden of proof is upon the applicant.
B. 
Before the Town Board issues any permit, it shall find that the applicant has complied with all requirements of this chapter.
C. 
The permit shall be comprehensive and not severable. If part of a permit is overturned by a competent authority, the permit shall be void in total.
D. 
The Town Board may waive provisions or requirements of this chapter when such waiver advances the goals and purposes of this chapter, or where particular provisions would impose a material adverse financial impact upon an applicant.
E. 
For good cause shown the Town Board may review a permit if industry or scientific standards raise new relevant information concerning the health and safety of the facility. upon review the Town Board may require the applicant, its successors or assigns to take appropriate mitigation and abatement steps, to the extent allowed by law.
F. 
Permits shall be for a five-year term. The owner shall be entitled to renewal of the permit if the facility is in compliance with this chapter, is in compliance with all permit conditions and is in compliance with all current applicable federal standards regarding RF emissions. Ninety days before the permit expires the owner may submit a brief written request for a permit renewal, certifying the compliance of the facility with this section of the law. Within a reasonable time after receipt of the written request demonstrating compliance with this provision, the Building Inspector shall issue a renewed permit, incorporating by reference the relevant conditions from the initial permit.
A. 
Information for Assessor. Before the building permit is issued for any telecommunications tower or facility, the applicant shall provide to the Assessor of the Town of Malta such information concerning the deed, lease or license as is reasonably required by the Assessor for real property tax purposes. The applicant or owner will have an ongoing duty to report the cost of any material improvements to the site. Such information may be exempt from public disclosure pursuant to Public Officers Law § 87, Subdivision 2, or similar provisions of law.
B. 
Severability. If any provision of this chapter or its applications to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision of application, and to this end provisions of this chapter are separable.
C. 
Bond. The applicant and the owner of record of any proposed property site shall be jointly required to execute and file with the Town a bond or other form of security acceptable to the Town Attorney and Town Supervisor as to form and manner of execution in an amount deemed sufficient by the Town Board for the faithful performance of the terms and conditions of this chapter and permit. The bond or security shall remain in full force and effect until the removal of the tower and related facilities, and site restoration.
D. 
Enforcement of permit conditions.
(1) 
The Town of Malta Building Department shall be charged with enforcing the terms and conditions of the permit, and any ongoing obligations imposed by this chapter. The Town, acting through its Building Department or other authorized agent, may enforce the conditions of a permit in a court of competent jurisdiction.
(2) 
Violation of a condition of a permit is a violation of this chapter and is prohibited.
(3) 
Violation of a permit condition shall be subject to a civil penalty of $100 per day for each violation. The Town, acting through its Building Department or other authorized agent, may, in addition to any other remedy available, recover civil penalties through a civil action in a court of competent jurisdiction.
E. 
Effective date. This chapter will be effective upon filing with the Secretary of State.
F. 
Authority. This chapter is enacted pursuant to the Municipal Home Rule Law. This chapter shall supersede the provisions of Town Law §§ 130, 261, 262, 263, 264, 265, 267, 268, 269 and 274-a, to the extent inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law or any other statute.