This article may be known, cited, and referred to as the "Wireless Telecommunications Facilities Siting Law of the Town of Maine." For purposes of this Article
XIV of this chapter, this article may be known, cited, and referred to as "this article."
For purposes of this article, 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 wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to, utility or transmission equipment storage
sheds or cabinets.
ACT
The Telecommunications Act of 1996.
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
Any person submitting an application to the Town for a tower
special use permit for wireless telecommunications facilities.
APPLICATION
The form approved by the Town Board, together with all necessary
and appropriate documentation that an applicant submits in order to
receive a tower special use permit for wireless telecommunications
facilities.
BOARD
The Town Board of the Town of Maine, which is the officially
designated board of the Town of Maine to which applications for a
tower special use permit for wireless telecommunications facilities
must be made, and which is authorized to review, analyze, evaluate
and make decisions with respect to granting or not granting, recertifying
or not recertifying, or revoking tower special use permits for wireless
telecommunications facilities. The Board may, at its discretion, request
that other official agencies of the Town accept, review, analyze,
evaluate and make recommendations to the Board with respect to the
granting or not granting, recertifying or not recertifying or revoking
tower special use permits for wireless telecommunications facilities.
BREAK POINT
The location on a telecommunications structure which, in
the event of a failure of the telecommunications structure, would
result in the telecommunications structure falling or collapsing within
the boundaries of the property or lot on which the telecommunications
structure 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 structure
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 10 feet, such being not less than 1/2 times
the height of the structure.
COLLOCATION
The use of the same wireless telecommunications facilities
or telecommunications 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 wireless telecommunications facilities on the Town in the context
of the permitted land use for the particular location requested.
EPA
The United States Environmental Protection Agency, or its
duly designed and authorized successor agency.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications 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.
FULL EAF
The full environmental assessment form approved by the New
York Department of Environmental Conservation.
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 venture, association of two or more persons having a joint common
interest, limited liability company, or any other entity.
SITE
See definition for "wireless telecommunications facilities."
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.
TEMPORARY
In relation to all aspects and components of this article,
something intended to, or that does, exist for fewer than 90 days.
TOWER SPECIAL USE PERMIT
The authorization by which an applicant is permitted to place,
construct, use, or modify wireless telecommunications facilities,
subject to the requirements imposed by this article and the conditions
attached to the issuance of the tower special use permit by the Town
Board.
TOWN
The Town of Maine, New York.
VISUAL EAF
A visual environmental assessment form.
WIRELESS TELECOMMUNICATIONS FACILITIES 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, free standing
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 or other dispatch telecommunications,
or exclusively for private radio or television reception or exclusively
for private citizens band, amateur radio or other similar telecommunications.
In order to ensure that the placement, construction,
and modification of wireless telecommunications facilities conforms
to the Town's purpose and intent of this article, the Town Board (acting
pursuant to § 274-b of the Town Law and other applicable
provisions) hereby authorizes the Town Board to grant tower special
use permits pursuant to this article. The Town Board hereby adopts
an overall policy with respect to a tower special use permit for wireless
telecommunications facilities for the express purpose of achieving
the following goals:
A. Implementing an application process for person(s)
seeking a tower special use permit for wireless telecommunications
facilities;
B. Establishing a policy for examining an application
for, and issuing a tower special use permit for, wireless telecommunications
facilities that is both fair and consistent.
C. Establishing reasonable time frames for granting or
not granting a tower special use permit for wireless telecommunications
facilities, or recertifying or not recertifying, or revoking the tower
special use permit granted under this article.
D. Promoting and encouraging, wherever possible, the
sharing and/or collocation of wireless telecommunications facilities
among service providers;
E. Promoting and encouraging, wherever possible, the
placement of wireless telecommunications facilities in such a manner
as to cause minimal disruption to aesthetic considerations of the
land, lot, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location
of such wireless telecommunications facilities.
All wireless telecommunications facilities 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; and
B. Transmitters and telecommunications control points
must be installed such that they are readily accessible only to persons
authorized to operate or service them.
Wireless telecommunications facilities shall
contain a sign no larger than four square feet in area 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. The sign shall not be lighted
unless the Town Board shall have allowed such lighting or unless such
lighting is required by applicable provisions of law. 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 tower special
use permit for wireless telecommunications facilities shall be as
follows:
A. Such tower special use permit shall be nonexclusive;
B. Such tower special use permit shall not be assigned,
transferred or conveyed without the express prior written consent
of the Town Board, and such consent shall not be unreasonably withheld
or delayed;
C. Such tower special use permit may, following a hearing
upon due prior notice to the applicant, be revoked, canceled, or terminated
for a violation of the conditions and provisions of the tower special
use permit for wireless telecommunications facilities, or for a material
violation of this article after prior written notice to the applicant
and the holder of the tower special use permit.
The applicant and the owner of record of any
proposed wireless telecommunications facilities property site shall,
at its cost and expense, 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 the
amount of $75,000 and with such sureties as are deemed sufficient
by the Town Board to assure the faithful performance of the terms
and conditions of this article and conditions of any tower special
use permit issued pursuant to this article. The full amount of the
bond or security shall remain in full force and effect throughout
the term of the tower special use permit and/or until the removal
of the wireless telecommunications facilities, and any necessary site
restoration is completed. The failure by applicant to pay any annual
premium for the renewal of any such security shall be a violation
of the provisions of the tower special use permit and shall entitle
the Town Board to revoke the tower special use permit after prior
written notice to the applicant and holder of the tower special use
permit, and after a hearing upon due prior notice to the applicant
and holder of the tower special use permit.
The holder of the tower special use permit shall,
annually, certify in writing to the Town that NIER levels at the site
are within the threshold levels adopted by the FCC. (The certifying
engineer need not be approved by the Town.)
Any applicant desiring relief or exemption from
any aspect or requirement of this article may request such from the
Town Board at a preapplication meeting, provided that the relief or
exemption is contained in the original application for either a tower
special use permit, or in the case of an existing or previously granted
tower 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 Town Board. However, the burden
of proving the need for the requested relief or exemption is solely
on the applicant to prove to the satisfaction of the Town Board. The
applicant shall bear all costs of the Town 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
express prior written permission of the Town Board, and such permission
shall not be unreasonably withheld or delayed. No such relief or exemption
shall be approved unless the applicant demonstrates by clear and convincing
evidence that, if granted, the relief or exemption will have no significant
adverse effect on the health, safety and welfare of the Town, its
residents and other service providers.
Where this article differs or conflicts with
other statutes, local laws, ordinances, codes, rules or 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.