This chapter shall be known and may be cited as the "Town of Webster Communication Installation, Freestanding Tower, Satellite Dish, Antenna and Pole Local Law."
The Town Board of the Town of Webster, Monroe County, New York, acting under the authority of the Town Law of the State of New York, hereby adopts and enacts this chapter as its Communication Installation, Freestanding Tower, Satellite Dish, Antenna and Pole Local Law.
The purposes of this chapter include the provision for communication installations, freestanding towers, satellite dishes, antennas and flagpoles for the enjoyment and convenience of the residents of the Town of Webster, while at the same time providing for the maximum protection of the health, safety and aesthetic sensibilities of the residents.
It is a further purpose of this chapter to prevent visual intrusion of such communication installations, freestanding towers, satellite dishes, antennas and flagpoles and to protect residents from unsafe structures and equipment; to promote the health, safety and general welfare of the residents of the Town of Webster; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic characteristics of the Town of Webster.
The Town of Webster recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communication tower. The unaesthetic intrusion of large or high structures of unusual shape or size, monolithically towering above standard-appearing homes and structures, can be disturbing to visual sensitivities. Bulk and visual impact of such installations create aesthetic problems making it appropriate to have some special limitations as to size and placement thereof. The intent of this chapter is to protect the town's interest in properly siting towers in a manner consistent with sound land use planning while also allowing wireless services providers to meet their technological and service objectives.
The proliferation of the construction and installation of communication towers, satellite antennas, parabolic dishes, energy-creating devices and other similar equipment and devices must be controlled so as to protect the health, safety and welfare of the citizens to the maximum degree possible to coordinate and control the same so as to preserve and protect the aesthetic qualities of the Town of Webster and its environs. Accordingly, this chapter is enacted to accomplish this stated purpose, and the intent of this chapter is to provide a means of controlling the installation and maintenance of such installations. This chapter is furthermore intended to provide a safe way to maintain the aesthetic character of and harmony within the Town of Webster.
Among other things, reasonable controls contribute to the good appearance of the town, stabilize property values, assure the safety of the owner and others and, in general, contribute to the preservation of a pleasant community in which to work and live.
This chapter shall be construed and administered so as not to unduly hamper reasonably satisfactory reception of satellite television signals.
This chapter is intended to comply fully with the Federal Telecommunications Act of 1996.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY FACILITY OR STRUCTURE
- An accessory facility or structure serving or being used in conjunction with a communications tower, and located on the same lot as the communications tower, including utility or transmission equipment storage sheds or cabinets.
- A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communications services (PCS) and microwave communications.
- COMMUNICATION TOWER
- A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures that employ camouflage technology. It is a structure intended for transmitting and/or receiving radio, television, telephone or microwave communications but excluding those used either for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar communications.
- CONVENTIONAL TELEVISION OR RADIO ANTENNA
- Any receiving antenna other than a satellite antenna.
- DISH ANTENNA
- See "antenna."
- The Environmental Protection Agency.
- The Federal Aviation Administration.
- The Federal Communications Commission.
- A pole used exclusively for the display of a flag, pennant or insignia of any nation or group of nations or of any state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious, campaign, drive, movement or event.
- A method of providing telecommunications bandwidth by means of a series of antennas, transmitters and reflectors on towers.
- 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.
- SPECIAL USE
- A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions of such use subject to the approval of the Town Board.
- The transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.
- TELECOMMUNICATIONS TOWER
- A structure on which one or more transmitting and/or receiving antenna is located.
- Any tower, pole, windmill or other structure, whether attached to a building, guyed or freestanding, designed to be used for and/or for the support of any device for the transmission and/or reception of radio frequency signals, including but not limited to broadcast, shortwave, citizen's band, FM or television, microwave and any wind-driven devices, whether used for energy conservation or not.
No transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna and/or pole shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations.
No existing structure shall be modified to serve as a transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna and/or pole unless in conformity with this chapter.
The following are exempt from the application of this chapter:
The repair and maintenance of existing communications towers and antennas.
Antennas used solely for the residential household television and radio reception.
Satellite antennas one meter (39.37 inches) or less in diameter, building mounted, installed according to manufacturer's recommendations, adequately secured and meeting all electrical code requirements regardless of the zoning district in which it is located. For safety reasons, no such satellite antenna shall be placed on a fire escape, placed so as to impair ingress or egress to a building or structure nor placed within 10 feet of a power line.
Satellite antennas measuring two meters (78.74 inches) or less in diameter, building mounted, installed according to manufacturers recommendations, adequately secured, meeting all electrical code requirements and located in the following commercial districts: I-N Industrial District, HC High-Intensity Commercial District, MC Medium-Intensity Commercial District, LC Class I Neighborhood Commercial District, LC Class II Low-Intensity Commercial District and CO Commercial Outdoor Storage District. For safety reasons, no such satellite antenna shall be placed on a fire escape, placed so as to impair ingress or egress to a building or structure nor placed within 10 feet of a power line.
Lawful or approved uses existing prior to the effective date of this chapter.