[HISTORY: Adopted by the Town Board of the
Town of Hyde Park 3-19-2001 by L.L. No. 4-2001. Amendments noted where
applicable.]
The purpose of this chapter is to promote the
health, safety and general welfare of the residents of the Town of
Hyde Park, and
A.
To preserve the scenic, historic, natural and man-made
character and appearance of the Town, for the safe provision of the
service, installation, monitoring and removal of wireless telecommunications
towers and facilities consistent with applicable federal and state
regulations.
B.
To minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and
future towers and the use of existing tall structures.
C.
To minimize adverse visual effects from telecommunications
towers by requiring careful siting, configuration, visual impact assessment
and appropriate landscaping.
D.
To provide a procedural basis for action within a
reasonable period of time for requests for authorization to place,
construct, operate, modify and camouflage telecommunications towers.
As used in this chapter, the following terms
shall have the meanings indicated:
A device for the reception or transmission of electromagnetic
waves that is connected to a transmitter or receiver through a feed
line either directly or through a phasing network.
[Added 10-2-2001 by L.L. No. 8-2001]
The Planning Board shall be the approving Board for the special
use permit and site plan approval of all telecommunications towers
and facilities.
[Amended 10-7-2019 by L.L. No. 7-2019]
To give a false appearance in order to conceal or to cause
an object to blend with its background or to appear to be something
different from what it actually is, which includes the definition
of "disguise."
The addition of commercial telecommunications equipment to
any existing tall structure or existing or approved telecommunications
tower.
A structure which complies with the requirements of this
chapter and is of sufficient height to be used as a telecommunications
tower. Such structures include, but are not limited to, water towers,
multistory buildings, church steeples, farm silos, flag poles, forest
ranger towers, bell towers, bridges and fire towers.
Any commercial structures, buildings, sheds, huts, equipment
closures, emergency generator buildings and other such structures
used in support of any auxiliary use to a telecommunications tower.
Any structure the primary purpose of which is to support
antennas used in the provision of commercial telecommunications services.
A.
No telecommunications tower shall hereafter be erected, moved, reconstructed, expanded, changed, repaired or structurally altered unless in conformity with this chapter. The construction, maintenance, use, erection, movement, reconstruction, expansion, change or structural alteration of telecommunications towers shall be governed by this chapter, and any provisions of Chapter 108, Zoning, which are inconsistent with this chapter shall be superseded by the terms of this chapter.
B.
Location or co-location. The location or co-location
of communications equipment on an approved telecommunications tower
or tall structure is a permitted use subject to the issuance of site
plan approval by the Planning Board subject to the Planning Board's
determination that the location or collocation does not:
[Amended 10-2-2001 by L.L. No. 8-2001; 10-7-2019 by L.L. No. 7-2019]
(1)
Increase the originally approved height of the supporting
structure by more than 15%;
(2)
Cause the currently approved number of antennas to
be exceeded by more than 50%;
(3)
Increase the originally approved square footage of
accessory buildings by more than 200 square feet; or
(4)
Add new or additional microwave antenna dishes; and
that there will be no expansion of the footprint of said support structure
and no adverse impacts on the existing support structure or the surrounding
area.
D.
All applications for new telecommunications towers shall be made to the Zoning Administrator. If the Zoning Administrator determines that the application is administratively complete, the application shall be referred to the Planning Board for special permit and site plan approval on an expedited basis in accordance with §§ 108-8 and 109-9 of the Town Code. If the Planning Board concludes that the application complies with this chapter and all SEQRA requirements and all other applicable laws, the Board shall grant special use permit and site plan approval.
[Added 10-7-2019 by L.L.
No. 7-2019[1]]
E.
Applications for construction of telecommunications
towers shall comply with the Code of Federal Regulations pertaining
to objects affecting navigable airspace as delineated with Federal
Aviation Regulation (FAR) Part 77. Additionally, no application for
construction of a telecommunications tower will be approved if the
proposed tower violates the criteria for obstructions to air navigation
as established by FAR Part 77, Subpart C, Obstruction Standards.
F.
Pending applications. Applications to construct or
collocate on a telecommunications tower pending before any board of
the Town at the time of adoption of this chapter shall continue to
be processed to minimize delay and expense to the applicant as much
as possible. Information already on file with the reviewing board
shall be used to the extent applicable to satisfy submission requirements
under this chapter. Any additional information required by this chapter
shall be specified, upon request by the applicant, by the reviewing
board within 45 days after request. All pending applications shall
be decided under the provisions of this chapter. If a public hearing
has already been held on the application, no further public hearing
shall be required. If a public hearing has not been held, then a public
hearing shall be held as required under the terms of this chapter.
A.
At all times, shared use of tall structures and existing or approved telecommunications towers in accordance with § 101-3B above shall be preferred to the construction of new telecommunications towers.
B.
Applications pursuant to § 101-3B shall be made to the Building Inspector and shall include the following:
(1)
A completed application for a building permit.
(2)
Documentation of consent from the owner of the existing
facility to allow shared use.
(3)
A site plan in accordance with Article XXIV, § 108-96, of Chapter 108, Zoning.[1] The site plan shall also show all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for new facilities and roads. Any methods used to conceal
the modification of the existing facility shall be indicated on the
site plan.
(4)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the tall structure and explaining what modifications, if any, will
be required in order to certify to the above.
(5)
A completed environmental assessment form (EAF) and
a completed visual EAF addendum.
(6)
A copy of the applicable Federal Communications Commission
license.
C.
If the Building Inspector determines that the application is complete in accordance with Subsection B, and provided that the Building Inspector determines that the location or collocation does not increase the original approved height of the supporting structure by more than 15%; cause the currently approved number of antennas to be exceeded by more than 50%; increase the original approved square footage of accessory buildings by more than 200 square feet; or add new or additional microwave antenna dishes; and that there will be no expansion of the footprint of said support structure and no adverse impacts on the existing support structure or the surrounding area, then the building permit shall be issued; otherwise, site plan approval will be required from the Planning Board in accordance with Article XXIV of Chapter 108, Zoning.[2] Such application will be subject to the terms and conditions specified in § 101-7A below as part of the site plan review process. The Planning Board shall conduct a public hearing and process the application pursuant to this chapter, the New York State Environmental Quality Review Act and other applicable laws. If the Board concludes that the application complies with this chapter and all SEQR requirements and other applicable laws, the Board shall grant site plan approval without further review under this section.
[Amended 10-2-2001 by L.L. No. 8-2001]
A.
The Planning Board may consider a request to locate
a new telecommunications tower if the applicant can demonstrate that
shared use of the existing tall structures and existing or approved
telecommunications towers or telecommunications tower sites are impractical
due to:
[Amended 10-7-2019 by L.L. No. 7-2019]
(1)
Structural deficiencies; or
(2)
Documented evidence that a site is unavailable because
the owner is not willing to participate in a lease or ownership agreement;
or
(3)
Documented evidence that the site will not work from
a technological aspect or that the applicant's proposed location or
collocation on the site would have an adverse impact on the surrounding
area.
B.
An applicant shall be required to present an adequate
report with an inventory of all existing tall structures and existing
or approved telecommunications towers within a two-mile radius of
the proposed site.
(1)
The site inventory shall include a map showing the
exact location of each site inventoried, including latitude and longitude
(degrees, minutes, seconds), ground elevation above sea level, height
of the structure and/or tower and accessory buildings on the site
of the inventoried location.
(2)
The report shall outline opportunities for shared
use of these facilities as an alternative to a proposed new telecommunications
tower.
(3)
The report shall demonstrate good-faith efforts to
secure shared use from the owner of each potential existing tall structure
and existing or approved telecommunications tower as well as documentation
of the physical, technical and/or financial reasons why shared usage
is not practical in each case. Technical reasons shall remain confidential
and be accessible only as allowed by the Freedom of Information Act
as set forth in the Public Officers Law.[1] Any request for such information shall be on notification
to the party originally supplying the information. Written requests
and responses for shared use shall be provided.
[1]
Editor's Note: See Public Officers Law § 85
et seq.
(4)
The report shall include the following information
to evaluate the needs for a new telecommunications tower site under
the special use permit process:
(a)
Radio frequency (RF) signal coverage plots depicting
the anticipated radio frequency coverage for the proposed site.
(b)
RF coverage plots depicting evidence that the
proposed area to be provided coverage by the proposed new tower is
currently deficient in radio frequency coverage.
(c)
The frequency spectrum (output frequency) to
be used at the proposed site (cellular, personal communications systems,
broadcast frequency, analog or digital, etc.). A copy of a current
FCC license that authorizes the applicant to provide service is required.
(d)
The type, manufacturer and model number of the
proposed tower.
(e)
The height of the proposed tower, including
the height of any antenna structure above the supporting structure
of the tower.
(f)
The number of proposed antennas and the type,
manufacturer, model number, dB gain, size and orientation on the proposed
tower.
(g)
Such other information as may be deemed necessary
by the Board so as to make a thorough evaluation of the applicant's
proposal.
A.
Applications for new telecommunications towers shall include an agreement
committing the owner of the proposed new telecommunications tower
and its successors in interest to negotiate in good faith for shared
use of said tower by other providers of telecommunications in the
future. This agreement shall be filed with the Planning Board and
the Building Inspector prior to special use permit and site plan approval
and the issuance of any building permit for the facilities. Failure
to abide by the conditions outlined in the agreement shall be grounds
for the revocation of the special use permit and site plan approval.
[Amended 10-7-2019 by L.L. No. 7-2019]
B.
The agreement shall commit the telecommunications
tower owner, lessee and its successors in interest to:
(1)
Respond within 45 days to a request for information
from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests
for shared use of the telecommunications tower by other providers
of communications.
(3)
Allow shared use of the telecommunications tower if
another provider of communications agrees, in writing, to pay reasonable
and customary charges in the prevailing market. The charges may include,
for instance, a pro rata share of the cost of site selection, planning,
project administration, land costs, site design, construction and
maintenance financing, return on equity, depreciation and all of the
costs of adapting the tower or equipment to accommodate shared use
without causing electromagnetic interference.
A.
Site plan applications.
(1)
Applications to the Planning Board for site plan approval shall include a site plan in accordance with Article 9 of Chapter 108, Zoning. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans and drainage plans for new facilities and roads.
[Amended 10-7-2019 by L.L. No. 7-2019]
(2)
Supporting documentation submitted by the applicant
shall include:
(a)
A completed long-form EAF.
(b)
A complete visual environment assessment form
(visual EAF addendum).
(c)
Documentation on the proposed extent and capacity
of use.
(d)
A justification of the necessity for the requested
height of any tower.
(e)
A justification for any clearing required.
(f)
A copy of the applicant's Federal Communications
Commission (FCC) license.
(3)
The application should also include the estimated
cost of dismantling, removing, disposal and reclaiming the site.
B.
Special use permit applications. Applications to the
Planning Board for a special use permit shall include the following:
[Amended 10-7-2019 by L.L. No. 7-2019]
(1)
Where shared use of tall structures or existing or approved telecommunications towers is found to be impractical, applicants shall also investigate the possibility of constructing a new telecommunications tower on property occupied by an existing telecommunications tower in accordance with § 101-5 above. In such case, the Board may allow more than one tower on a site. Any proposal for a new telecommunications tower on an existing communications tower site shall also be subject to the requirements of §§ 101-7 through 101-20.
(2)
The Planning Board may consider a new telecommunications tower on a site not previously developed with a telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in § 101-5 above, and when the Planning Board determines that shared use of an existing telecommunications tower site for a new telecommunications tower is undesirable based upon the investigation in accordance with Subsection B(1) above. Any proposal for a new telecommunications tower shall also be subject to the requirements of §§ 101-7 through 101-20.
(3)
A list of federal and state property owners and addresses,
from whose property the tower will be visible.
C.
The Planning Board may require an applicant to submit
information and documentation indicating and identifying areas within
the Town where communications coverage by the applicant remains unsatisfactory.
Applicants may be required to provide sufficient information to the
Board so as to clearly identify and describe the applicant's communications
coverage master plan or siting and/or communication coverage plan.
[Amended 10-7-2019 by L.L. No. 7-2019]
D.
The Planning Board may require the applicant to submit
to the Board a qualified engineer's report regarding nonionizing electromagnetic
radiation for the proposed site. Such report will provide sufficient
information to detail the amount of radio frequency radiation expected
from the proposed site. Additionally, the engineer's report will comply
with FCC reporting criteria, as amended, for a cumulative report,
reporting levels of anticipated exposure from all users on the site.
The report must indicate whether or not the proposed telecommunications
tower will comply with FCC emission standards.
[Amended 10-7-2019 by L.L. No. 7-2019]
E.
The Planning Board may require the applicant to submit
annual evidence, each December, to the Zoning Administrator, of the
following:
[Amended 10-2-2001 by L.L. No. 8-2001; 10-7-2019 by L.L. No. 7-2019]
F.
The Planning Board requires the applicant to notify
the Building Inspector within 24 hours if imminent danger is discovered,
the applicant's intent to repair it immediately and an action plan
with a schedule for completion.
[Amended 10-7-2019 by L.L. No. 7-2019]
G.
The Planning Board will require the applicant to provide
a statement that he is in compliance with FCC maximum permissible
exposure limits; and in addition, if the applicant files an environmental
assessment to the FCC due to noncompliance, a copy shall be sent to
the Zoning Administrator (reference FCC Office of Engineering and
Technology Bulletin Number 65).
[Amended 10-7-2019 by L.L. No. 7-2019]
H.
The approving board may require periodic safety inspections
of the telecommunications tower; the results of that safety inspection
will be reported to the Building Inspector within 30 days of its completion.
The safety inspection shall consist of, but may not be limited to,
an inspection of the condition of the tower, its supports, foundations,
anchor bolts, coaxial cable, cable supports, ice shields, cable trays,
guy wires and antennas affixed to the tower. Other aspects of the
inspection shall include inspection for fire, electrical, natural
and other man-made hazards that could pose a potential hazard to the
telecommunications tower site or the surrounding area. Unsafe conditions
shall be corrected immediately by the applicant. An action plan and
schedule for completion shall be submitted to the Building Inspector
as part of the safety inspection report.
[Amended 10-7-2019 by L.L. No. 7-2019]
The Planning Board may require the applicant
to undertake a visual impact assessment, which may include:
A.
A "zone of visibility" map in order to determine locations
where the telecommunications tower may be seen.
B.
Pictorial 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 normally
open to the public, and from any other location where the telecommunications
tower is visible to a large number of visitors, travelers or persons.
The Planning Board shall determine the appropriate key sites at a
meeting with the applicant.
C.
Assessment of alternative telecommunications tower designs and color schemes, as described in § 101-10.
D.
Assessment of the visual impact of the telecommunications
tower base, guy wires, accessory buildings and overhead utility lines
from abutting properties and streets.
A.
The design of a proposed new telecommunications tower
shall comply with the following:
(1)
Towers must be placed to minimize visual impacts.
The use of camouflaged communications towers may be required by the
Planning Board to further blend the communications tower and/or its
accessory structures into the surroundings. The Planning Board may
waive the camouflage requirements on already existing telecommunications
sites.
[Amended 10-7-2019 by L.L. No. 7-2019]
(a)
Camouflage towers may be, but are not limited
to, the following commonly found structures and settings:
[1]
A flagpole in the vicinity of a building of
substance, such as governmental, organization or business.
[2]
A silo attached to a barn in an agrarian setting.
[3]
A church steeple (either pointed or squared)
with a church.
[4]
A forest ranger tower in a wooded area.
[5]
An "historic" stone observation tower looking
over a scenic vista.
[6]
A bell tower.
(b)
In order for the disguise to be effective, it
must be appropriate for its setting and should mimic the actual structure
that it is imitating, including size.
(2)
Unless specifically required by other regulations,
a telecommunications tower shall have a finish that minimizes its
degree of visual impact. Artificial lighting of any kind is prohibited
unless required by municipal, state and/or federal laws and/or regulations
unless the lighting is part of a camouflage scheme.
(3)
The Planning Board may request a review of the application at the applicant's expense by a qualified engineer and/or consultant in order to evaluate the application. Fees for the review of the application by a qualified engineer and/or consultant are in addition to the application fee, and shall be the responsibility of the applicant and shall be deposited with the Town in the manner provided in § 108-36.3, Professional review expenses, of the Town Code.
[Amended 10-7-2019 by L.L. No. 7-2019]
B.
Accessory structures. Accessory structures shall maximize
the use of building materials, colors and textures designed to blend
with the natural surroundings. Accessory structures shall be designed
to be architecturally similar and compatible with each other. The
buildings shall be used only for housing of equipment related to the
particular site. Whenever possible, the buildings shall be joined
or clustered so as to appear as one building.
C.
No portion of any telecommunications tower or accessory structure shall be used for a sign or other advertising purpose. However, the name of the facility owner(s) and twenty-four-hour emergency telephone number shall be posted on the structure. In addition, "No Trespassing" or other warning signs may be posted on the accessory structure or the fence surrounding the accessory structure. All signs shall conform to the sign requirements of the Code of the Town of Hyde Park as set forth in Chapter 108, Article 24, Signs.
[Amended 10-7-2019 by L.L. No. 7-2019]
Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees shall take place
on a site connected with an application made under this chapter prior
to the approval of the special use permit.
A.
Deciduous or evergreen tree plantings may be required
to screen portions of the telecommunications tower and accessory structures
from nearby residential property as well as from public sites.
B.
The application shall demonstrate to the Planning Board that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioners and emergency power generators. Telecommunications towers shall comply with all applicable sections of the Town Code as it pertains to noise control and abatement as set forth in Chapter 75, Noise.
[Amended 10-7-2019 by L.L. No. 7-2019]
No exterior lighting shall spill from the site.
Telecommunications towers shall not be lighted except where FAA/FCC-required
lighting of the telecommunications towers is necessary or unless the
lighting is a part of the camouflage scheme, such as a spotlight on
a flagpole or church steeple.
A.
Adequate emergency and service access shall be provided
and maintained. 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.
B.
If feasible, network interconnections to and from
the telecommunications site and all power to the site shall be installed
underground.
Parking shall be provided to assure adequate
emergency and service access. The Planning Board shall determine the
amount of spaces required.
To ensure security of the facility, the telecommunications
tower and any accessory structures may be required to be enclosed
by a fence, the design of which shall be approved by the Planning
Board.
Telecommunications towers and telecommunications
facilities shall be dismantled and removed by the applicant and/or
the owner of the subject premises when they are no longer used or
needed.
A.
All applications for approval of new telecommunications
towers shall be accompanied by a plan covering reclamation of the
site after removal of the tower.
B.
No approvals shall be given under this chapter until
all owners of the subject premises give the Town of Hyde Park, in
a form suitable to the Town Attorney, a recordable instrument, running
with the land, granting the Town of Hyde Park the right to enter upon
the premises to dismantle and to remove the tower or facilities in
the event of the owners' failure to comply, within three months, with
the lawful written directive to do so by the Zoning Administrator.
This instrument shall give the Town the right, after the owners of
the premises have been given fair notice and opportunity to be heard
before the Town Board, to charge the actual costs associated with
disassembly or demolition, and of removal, including any necessary
and reasonable engineering or attorney's fees incurred to carry out
its rights hereunder, by adding that charge to and making it a part
of the next annual real property assessment roll of the Town of Hyde
Park, to be levied and collected in the same manner and at the same
time as Town-assessed real property taxes.
C.
The giving of such an agreement to the Town shall
not preclude the Town from pursuing the alternative enforcement actions
of:
D.
The Town may secure removal of towers or facilities
hereunder by requiring the applicant and/or the owner(s) of the premises
to provide an undertaking and a continuing letter of credit or other
financial security covering the projected costs of dismantling and
removal.
A.
In order to keep neighboring municipalities informed,
and to facilitate consideration of an existing tall structure or existing
telecommunications towers in a neighboring municipality for shared
use, and to assist in the continued development of the county emergency
service communications system, the Planning Board shall require that
an applicant who proposes a new telecommunications tower shall notify,
in writing, the legislative body of each municipality that borders
the Town of Hyde Park and the Director of the Office of Emergency
Management of Dutchess County.
B.
Notification shall include the exact location of the
proposed tower and general description of the project, including,
but not limited to, height of the tower and capacity for future use.
Proof of such notification shall be provided at the public hearing.
Notice of any public hearing shall be mailed
by the Town of Hyde Park directly to all landowners whose property
is located within 500 feet of the property line of the parcel on which
a new telecommunications tower is proposed; notice shall also be mailed
to the administrator of any state or federal parklands from which
the proposed tower would be visible. The cost of such notification
shall be borne by the applicant.
The applicant and the owner of the property
where the communications tower is to be located shall provide the
Town Clerk with proof of liability insurance in the amount not less
than $3,000,000 to cover potential personal injury and property damage
claims associated with construction and subsequent operation and maintenance.
A.
Each application for a building permit, special use
permit, or site plan review and approval, each report of safety inspection,
and each annual report to the Zoning Administrator shall be accompanied
by a fee set by resolution of the Town Board.
[Amended 1-1-2007 by L.L. No. 2-2007]
B.
Rental fee: as determined by the Town Board.
Any person or entity violating this chapter
or any condition of approval shall be guilty of a violation, pursuant
to the Penal Law of the State of New York punishable by a fine not
to exceed $250. Each week (seven-day period) during which said violation
shall continue shall constitute a separate and distinct violation
within the meaning of this chapter. The applicant shall first be notified
by the Zoning Administrator of the violation(s) and granted a period
of 30 days to reestablish compliance. If these violations are not
resolved, fines may result beginning on the first day following the
thirty-day period.
