[Added 9-22-2021 by L.L. No. 1-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. VIII,
Wireless Communication Structures and Devices, added 7-23-1997 by L.L. No. 5-1997.
A.
The purpose of this article is to establish uniform standards for
the siting, design, permitting, maintenance, and use of communications
facilities in the Town of Brighton (referred to herein as the "Town").
While the Town recognizes the importance of communications facilities
in providing high quality communications service to its residents,
the Town also recognizes that it has an obligation to protect public
safety and to minimize the adverse effects of such facilities through
the standards set forth in the following provisions.
B.
By enacting these provisions, the Town intends to:
(1)
Accommodate the need for communications facilities while regulating
their location and number so as to ensure the provision of necessary
services;
(2)
Provide for the managed development of communications facilities
in a manner that enhances the benefits of wireless communication and
accommodates the needs of both Town residents and wireless carriers
in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based communications facilities,
non-tower communications facilities, and small communications facilities
in the Town, including facilities both inside and outside the public
rights-of-way;
(4)
Address new wireless technologies, including but not limited to,
distributed antenna systems, data collection units, small communications
facilities, cable wi-fi and other communications facilities;
(5)
Minimize the adverse visual effects and the number of such communications
facilities through proper design, siting, screening, material, color
and finish and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(6)
Promote the health, safety and welfare of the Town's residents.
C.
This article is intended to comply fully with the Federal Telecommunications
Act of 1996.
A.
Building permits. Issuance of a building permit for communications facilities shall require compliance with all building code requirements as set forth in Chapter 73 of the Town Code. In addition, building permits issued for communications facilities shall require proof that the communications facility complies with regulations administered by the Federal Aviation Administration if the height of the communications facility exceeds the height of the underlying district.
(1)
Notification by applicants for communications facilities.
(a)
Prior to the grant of a building permit for a new tower-based
communications facility, the communications facility applicant shall
be required to provide all residents (whether they reside within the
Town or a neighboring municipality), property owners and businesses,
within 1,000 feet of the boundaries of the parcel, with a phone number
and email address along with instructions for contacting applicant
regarding concerns relating to interference with consumer electronics:
(b)
The form of the notice shall be as approved by the Commissioner
of Public Works or the Commissioner's designee.
(c)
Prior to the grant of a building permit for a tower-based communications
facility the communications facility applicant shall be required to
provide the Commissioner of Public Works or the Commissioner's
designee with a copy of the applicable FCC license.
C.
Approvals required for communications facilities. No communications
facility shall hereafter be erected, moved, reconstructed, changed
or altered without prior approval unless otherwise provided herein.
(1)
Non-tower communications facilities.
(a)
Non-tower communications facilities shall not require site plan
approval, but shall require the issuance of a building permit. Additional
approvals are required as follows:
[1]
Non-tower communications facilities that are co-located on an existing tower-based communications facility, which require the erection of additional tower sections and the total tower height of which will exceed the height limit of the underlying zone by more than 20 feet will require a tower permit as set forth in this § 207-42.
[2]
Non-tower communications facilities which extend more than 20 feet above the highest point of a building roof or other structure in an RHD-1, BE-1, BF-2, IG or TOP District or more than six feet in any other district will require a tower permit as set forth in this § 207-42.
[4]
Non-tower communications facilities shall be operated only at
FCC-designated frequencies and power levels.
(b)
All such non-tower communications facilities must be painted
a light matte gray and shall not utilize any strobe or other warning
lights, unless mandated by the Federal Aviation Administration (FAA),
and shall be located on those building elevations which do not face
public rights-of-way. Any support infrastructure shall be housed in
the building on which the non-tower communications facility is located
or in an approved addition. Such building addition shall be on those
building elevations which do not face public rights-of-way.
(2)
Tower-based communications facilities on Town-owned property or in
a BE-1, BF-2, IG or TOP District shall require:
(a)
Site plan review and a building permit if the tower-based communications
facility is less than or equal to 20 feet above the height limit of
the underlying zone and at least 500 feet distant from the closest
residential zoning district line; or
(b)
Site plan review, a building permit and a tower permit as set forth in this § 207-42, if the tower-based communications facility is higher than 20 feet above the height limit of the underlying zone or if the tower-based communications facility is less than 500 feet from the closest residential zoning district line.
(3)
Tower-based communications facilities in a BE-L, BE-2, BE-3, BF-1 or PUD District shall require site plan review, a building permit and a tower permit as set forth in this § 207-42.
(4)
Tower-based communications facilities in a residential district shall require site plan review, a building permit and a tower permit as set forth in this § 207-42. Additionally, applications for such new tower-based communications facilities in residential districts shall be treated as a Type I action for purposes of the State Environmental Quality Review Act (SEQRA).
(5)
Small communications facilities.
(a)
Small communications facilities in the public rights-of-way
that will be co-located on existing wireless support structures shall
not require site plan approval, but shall require the issuance of
a building permit.
(b)
Small communications facilities in the public rights-of-way
requiring the installation of a new wireless support structure, such
as a utility pole, shall require site plan review and the issuance
of a building permit.
(6)
Prior to approval of an application for a small communications facility
in the public rights-of-way, the communications facility applicant
shall be required to enter into a right-of-way license agreement with
the Town. Communications facilities that do not meet the definition
of a "small communications facility" shall not be permitted in the
public rights-of-way.
(7)
Eligible facilities request. Communications facility applicants proposing a modification to an existing communications facility that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Town Commissioner of Public Works or the Commissioner's designee. In order to be considered for such permit, the communications facility applicant must submit a permit application to the Town Commissioner of Public Works or the Commissioner's designee in accordance with Chapter 73 of the Town Code.
(8)
Non-tower communications facilities, tower-based communications facilities
and small communications facilities may be repaired and maintained
without restriction.
(9)
Antennas used solely for video programming signal reception shall be subject to the requirements of § 207-43.
(10)
Timing of approval.
(a)
Eligible facilities requests.
[1]
Within 60 days of the date on which an application for the modification
or replacement of an existing communications facility is filed with
the Town Commissioner of Public Works or the Commissioner's designee,
the Town Commissioner of Public Works or the Commissioner's designee
shall act on such application. The Town Commissioner of Public Works
or the Commissioner's designee shall advise the communications
facility applicant in writing of its decision.
[2]
Within 30 calendar days of the date that an application for
the modification or replacement of an existing communications facility
is filed with the Town Commissioner of Public Works or the Commissioner's
designee, the Commissioner of Public Works or the Commissioner's
designee shall notify the communications facility applicant in writing
of any information that may be required to complete such application.
(b)
Non-tower communications facilities.
[1]
Within 90 days of the date on which an application for a non-tower
communications facility is filed with the Town Commissioner of Public
Works or the Commissioner's designee, the Town Commissioner of
Public Works or the Commissioner's designee shall act on such
application. The Town Commissioner of Public Works or the Commissioner's
designee shall advise the communications facility applicant in writing
of its decision.
[2]
Within 30 calendar days of the date that an application for
a non-tower communications facility is filed with the Town Commissioner
of Public Works or the Commissioner's designee, the Commissioner
of Public Works or the Commissioner's designee shall notify the
communications facility applicant in writing of any information that
may be required to complete such application.
(c)
Tower-based communications facilities.
[1]
Within 150 days of receipt of an application for a new tower-based
communications facility is filed with the Town Planning Board, the
Town Planning Board shall act on such application. The Town Planning
Board shall advise the communications facility applicant in writing
of its decision.
[2]
Within 30 calendar days of the date that an application for
a tower-based communications facility is filed with the Town Planning
Board, the Planning Board shall notify the communications facility
applicant in writing of any information that may be required to complete
such application.
(d)
Small communications facilities.
[1]
Within 60 days of receipt of an application for Co-location
of a small communications facility on a preexisting wireless support
structure, the Town Commissioner of Public Works or the Commissioner's
designee shall make a final decision on whether to approve the application
and shall notify the communications facility applicant in writing
of such decision.
[2]
Within 90 days of receipt of an application for a small communications
facility requiring the installation of a new wireless support structure,
the Town Planning Board shall make a final decision on whether to
approve the application and shall notify the communications facility
applicant in writing of such decision.
[3]
Within 10 calendar days of the date that an application for
a small communications facility is filed with the Town Commissioner
of Public Works or the Commissioner's designee, the Town Commissioner
of Public Works or the Commissioner's designee or Town Planning
Board shall notify the communications facility applicant in writing
of any information that may be required to complete such application.
D.
Tower permit application materials.
(1)
All communications facility applicants for a tower permit shall make
written application to the Planning Board, which application shall
include:
(a)
A Town-supplied application form, to be used as a tower permit
application form, and application fee. If multiple sites are to be
reviewed by the Town during single-site selection by the communications
facility applicant, the Town is entitled to charge an additional application
fee for each site to be considered. The Commissioner of Public Works
or the Commissioner's designee is hereby authorized to develop
and to approve this form, in compliance with these regulations.
(b)
A environmental assessment form in the form required by the
New York State Department of Environmental Conservation.
(c)
The required application fee.
(d)
A site plan, in form and content acceptable to the Town, prepared
to scale and in sufficient detail and accuracy, showing at a minimum:
[1]
The exact location of the proposed tower, together with guy
wires and guy anchors, if applicable.
[2]
The maximum height of the proposed tower-based communications
facility.
[3]
A cross-section of the tower-based communications facility,
showing the height above grade for a potential mounting position for
the proposed and any possible co-located antennas.
[4]
A detail of tower type (monopole, guyed, freestanding or other).
[5]
The color or colors of the tower-based communications facility.
[6]
The location, type and intensity of any lighting on the tower-based
communications facility.
[7]
The property's boundaries (a copy of a property survey
must also be provided).
[8]
Proof of the landowner's consent if the communications
facility applicant will not own the property. (A redacted copy of
a lease agreement must also be provided if the communications facility
applicant will not own the property.)
[9]
The location of all structures on the property and all structures
on any adjacent property within 50 feet of property lines, together
with the distance of these structures from the tower.
[10]
The names of adjacent landowners.
[11]
The location, nature and extent of any proposed
fencing and landscaping or screening.
[12]
The location and nature of proposed utility easements
and access roads, if applicable.
[13]
Building elevations of accessory structures or
immediately adjacent buildings.
[14]
A visual environmental assessment form (visual
EAF), with particular attention given to the visibility of the facility
from key viewpoints identified in the visual EAF, existing treelines
and proposed elevations.
[15]
A map of the owner's/communications facility
applicant's existing communications facilities within the Town
of Brighton and site areas proposed or projected for communications
facilities within the next one year.
(e)
The communications facility applicant must provide a report by a qualified professional engineer which explains to the Planning Board why it selected the proposed site, discusses the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for a co-located antenna(s), discusses the extent to which the communications facility applicant explored locating the proposed tower in a more favorable use district or location as described in § 207-42E(1) and justifies the proposed tower height. Documentation may be required as follows:
[1]
Structural capacity of alternative, existing or approved towers.
[2]
Mechanical, frequency or electrical incompatibilities limiting
the use of alternative towers.
[3]
Cost of reinforcing or modifying alternative towers as necessary
to provide for co-location.
[4]
Offers to lease or purchase alternative sites on reasonable
terms.
[5]
Engineering reports on the suitability of alternative sites.
(g)
Town staff and/or the Planning Board, upon reviewing the application,
may require reasonable additional visual and aesthetic information
as it deems appropriate on a case-by-case basis. Such additional information
may include, among other things, enhanced landscaping plans, line-of-sight
drawings, a balloon test and/or visual simulations from viewpoints
selected by the Town staff and/or advisory committees. The request
for such additional information shall be made within 30 days after
the receipt of an otherwise-complete application.
(h)
A certified load-analysis report for the proposed structure,
indicating its ability to support possible future, co-located facilities.
(i)
Where the tower-based communications facility is located on
a property that is not owned by the communications facility applicant,
the communications facility applicant shall present documentation
to Town Planning Board that the owner of the property has granted
an easement or other property right, if necessary, for the proposed
communications facility and that vehicular access will be provided
to the facility.
(j)
The Town Planning Board may require that a communications facility
applicant reimburse the Town for the costs to conduct an independent
professional review of the communications facility applicant's
evidence.
(k)
The Commissioner of Public Works may waive certain of these
requirements for an application for good cause shown.
E.
Tower permit standards. The following criteria will be considered
by the Planning Board prior to the approval, approval with conditions
or denial of a request for a tower permit. The criteria listed may
be used as a basis to impose reasonable conditions on the communications
facility applicant.
(1)
Siting preferences.
(a)
The Planning Board may express a preference that the proposed
communications facility be located in a higher-intensity use district
or on a higher-intensity use property, provided that there is a technologically
feasible and commercially available location. A guideline for the
Town's preference, from most favorable to least favorite districts/property,
is as follows:
[1]
Existing tower-based communications facilities suitable for
co-location.
[2]
Property with an existing wireless support structure suitable
for co-location.
[3]
Property owned by the Town of Brighton.
[4]
Other government-owned property. On publicly owned property
held by agencies other than the Town of Brighton, the Town reserves
the right to be an interested or involved agency pursuant to SEQRA
and such non-Town agency must notify the Town of Brighton of its intentions
of locating a communications facility in the Town.
[5]
IG, TOP, BE-1, RHD-1 or BF-2 Districts.
[6]
BE-L, BE-2, BE-3, BE-F, BF-1 or PUD Districts.
[7]
Churches, when camouflaged on steeples or bell towers.
[8]
Residential districts, except RHD-1.
(b)
Any request by the Town for information on a preferred alternate
site shall not unreasonably delay the application.
(2)
Aesthetics. Communications facilities shall be located and buffered
to the maximum extent which is practical and technologically feasible
to help ensure compatibility with surrounding land uses. In order
to minimize any adverse aesthetic effect on neighboring residences
to the extent possible, the Planning Board may impose reasonable conditions
on the communications facility applicant, including the following:
(a)
The Planning Board may require a preferred design for wireless support structures on a case-by-case basis, depending upon the tower height, location, the information obtained from the visual EAF, and the information obtained under § 207-42D(1).
(b)
The Planning Board may require reasonable landscaping consisting
of trees or shrubs to screen the base of the tower-based communications
facility and/or screen the tower-based communications facility and
any ground-mounted accessory equipment to the extent possible from
adjacent residential property and public rights-of-way. Existing on-site
trees and vegetation shall be preserved to the maximum extent possible.
(c)
The Planning Board may require the communications facility applicant
to show that it has made good faith efforts to minimize the height
of the proposed tower-based communications facility, co-locate on
existing tower-based communications facilities or other available
and appropriate wireless support structures and/or to construct new
tower-based communications facilities near existing tower-based communications
facilities in an effort to consolidate visual disturbances. However,
such request shall not unreasonably delay the application.
(d)
Tower-based communications facilities shall be designed and
sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements. Tower-based communications facilities shall
not be artificially lighted except as required by the FAA. Wireless
support structures for tower-based communications facilities shall
be a galvanized finish or painted matte gray unless otherwise required
by the FAA shall not consist of strobe lights, unless specifically
mandated by the FAA.
(e)
All tower-based communications facilities shall post a sign
in a readily visible location identifying the name and phone number
of a party to contact in the event of an Emergency. No other signs,
displays, or advertising devices are permitted on any communications
facilities, excepting those required by law.
(f)
The communications facility applicant shall agree to consider
co-location on the proposed tower-based communications facility with
other, potential future communications facility applicants (including
municipal users) under the following conditions:
[1]
The new antennas and accessory equipment do not exceed structural
loading requirements, interfere with tower space used or to be used
by the communications facility applicant nor pose any technical or
radio frequency interference with existing equipment;
[2]
The party desiring to co-locate pays the communications facility
applicant an appropriate and reasonable sum to co-locate and agrees
to reasonable business terms; and
[3]
The party desiring to co-locate has a similar policy of co-location
for the communications facility applicant.
(g)
The Planning Board may require the communications facility applicant
to use camouflage technology on those proposed non-tower communications
facility applications which require a tower permit.
(3)
Additional requirements.
(a)
Tower-based communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 102 of the Town Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(b)
The storage of unused equipment, materials or supplies is prohibited
on any tower-based communications facility site.
F.
Upon submission of an application for a tower permit and the scheduling
of the public hearing upon the application, the communications facility
applicant shall send via first-class mail a copy of the tower permit
application and notice to:
(1)
All owners of every property within 1,000 feet of the proposed facility,
regardless of the municipality in which the property is located; and
(2)
The communications facility applicant shall provide to the Planning
Board an affidavit that this requirement has been fulfilled, and shall
supply to the Planning Board a list of the names and addresses of
those to whom the notice was mailed.
G.
Small communications facility standards. The following criteria will
be considered by the Town Commissioner of Public Works or the Commissioner's
designee or Planning Board prior to the approval of an application
for a small communications facility. The criteria listed may be used
as a basis to impose reasonable conditions on the communications facility
applicant.
(1)
Small communications facilities shall be permitted to co-locate upon
nonconforming tower-based communications facilities and other nonconforming
wireless support structures. Co-location of communications facilities
upon existing tower-based communications facilities is encouraged
even if the tower-based communications facility is nonconforming as
to use within a zoning district.
(2)
Any small communications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the Town noise ordinance as established by Chapter 102 of the Town Code, the Town property maintenance ordinance as established by Chapter 129 of the Town Code, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. Any communications facility shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Town.
(3)
No small communications facilities may be attached to or installed upon a decorative light pole owned by the Town, a building or structure that is listed on either the National or New York State Registers of Historic Places, or eligible to be so listed, or which has been designated as a historic structure under Chapter 224 of the Town Code, or is a property which has not been designated as a landmark but is included in the list of properties adopted by the Commission for which a cultural survey has been prepared for consideration of possible designation by the Commission.
(4)
All small communications facilities shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard applicable to the structure.
(5)
Small communications facilities shall comply with all applicable
federal and state laws and regulations concerning aviation safety.
(6)
Small communications facilities shall not interfere with public safety
communications or the reception of broadband, television, radio or
other communication services enjoyed by occupants of nearby properties
and lawfully operating.
(7)
A small communications facility shall, by itself and in conjunction
with other communications facilities, comply with the standards and
regulations of the FCC, including but not limited to, the FCC Office
of Engineering Technology Bulletin 65 entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
(8)
The Town Commissioner of Public Works or the Commissioner's
designee shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all small communications facilities
in the ROW based on public safety, traffic management, physical burden
on the ROW, and related considerations.
(9)
All construction, maintenance, repair and/or removal of small communications facilities shall be performed in compliance with the requirements of Chapter 175 of the Town Code relating to trees.
(10)
Small communications facilities and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Town Commissioner of Public Works or the
Commissioner's designee.
(11)
Any graffiti on the wireless support structure or on any accessory
equipment shall be removed at the sole expense of the owner within
30 days of notification by the Town Commissioner of Public Works or
the Commissioner's designee.
(12)
All small communications facilities in the Town shall comply
with the requirements of the Town Small Communications Facility Design
Manual. A copy of such shall be kept on file at the Town Building
and Planning Department.
(13)
Within 90 days following written notice from the Town, or such
longer period as the Town determines is reasonably necessary or such
shorter period in the case of an Emergency, an owner of a small communications
facility in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any communications
facilities when the Town, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
Town or other public improvement in the right-of-way;
(b)
The operations of the Town or other governmental entity in the
right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Town.
(14)
The Town may assess appropriate and reasonable permit fees directly
related to the Town's actual costs in reviewing and processing
the application for approval of a small communications facility, as
well as inspection, monitoring and other related costs. Such permit
fees shall be established by the Town Fee Schedule and shall comply
with the applicable requirements of the FCC.
(15)
In addition to permit fees as described in this section, every
small communications facility in the ROW is subject to the Town's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Town's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Town. The owner of each small communications
facility shall pay such annual fee to the Town to compensate the Town
for the Town's costs incurred in connection with the activities
described above. Such fees shall comply with the applicable requirements
of the Federal Communications Commission.
(16)
Each person that owns or operates a small communications facility
shall annually provide the Town Commissioner of Public Works or the
Commissioner's designee with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the communications facility.
(17)
Each person that owns or operates a small communications facility
shall, at its sole cost and expense, execute an agreement to indemnify,
defend and hold harmless the Town, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of the construction, installation, operation, maintenance or removal
of the small communications facility. Each person that owns or operates
a small communications facility shall defend any actions or proceedings
against the Town in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of the small communications facility,
excepting any claims resulting from the Town's gross negligence
or willful misconduct. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
(18)
The Town Commissioner of Public Works or the Commissioner's
designee may require that a communications facility applicant reimburse
the Town for the costs to conduct an independent professional review
of the communications facility applicant's evidence.
H.
Process.
(1)
Tower permit process.
(a)
A communications facility applicant, property owner(s) or his agent(s) may initiate the procedure of a tower permit by filing an application which includes the submissions required in § 207-42D of this article.
(b)
A communications facility applicant, property owner(s) or his agent(s) may initiate the procedure of a site plan review concurrently with initiating the procedure for a tower permit, if required, by meeting the requirements of § 207-42B of this article.
(c)
A communications facility applicant, property owner(s) or his agent(s) may initiate the procedure of a building permit by meeting the requirements of § 207-42A of this article. In the case where a tower permit and/or site plan review are required by this article, no building permit shall be issued until Town Board and/or Planning Board approvals are obtained.
(d)
The communications facility applicant shall pay, in addition
to the permit fee(s) to be established by resolution, all reasonable,
direct cost of the Town's review. The Town will advise the communications
facility applicant prior to engaging persons to assist in its review,
and will work with the communications facility applicant to keep such
costs to the minimum required for a complete review.
(f)
Authorization to grant or deny tower permits. The Planning Board is hereby authorized to approve tower permit applications. The Planning Board may waive or vary any requirements in this § 207-42, for good cause shown. In approving a tower permit application, the Planning Board may impose those standards and requirements expressly specified by this chapter and any additional conditions which the Planning Board considers necessary and reasonable to protect the best interests of the surrounding property, the neighborhood or the Town as a whole. In the case of a use existing prior to the effective date of this article which would otherwise require a tower permit, any change in use or in lot area or an alteration of structure shall require a tower permit.
(g)
Public hearing required. The Planning Board shall not decide
upon any application for a tower permit without first holding a public
hearing, notice of which hearing, including the substance of the application,
shall be given by publication in the official newspaper of the Town
at least five days before the date of such hearing.
(h)
In the case where a tower permit, if required, has been approved by the Planning Board; a site plan, if required, has been approved by the Planning Board; all State Environmental Quality Review Act requirements have been met; and all requirements for a building permit, as specified in § 207-42A of this article, have been met, a building permit shall be issued by the Commissioner of Public Works or the Commissioner's designee.
(i)
A tower permit shall become void after one year unless, by conditions
of the permit, greater or lesser time is specified as a condition
of approval or unless, prior to expiration of one year, a building
permit is issued. A tower permit shall become void if the use shall
cease for more than six consecutive months for any reason. The Planning
Board may extend the permit or approval for good cause shown.
(j)
From time to time, the Planning Board may review the tower permit
or site plan approval to ascertain if the requirements, conditions
and restrictions of this article are being substantially complied
with in good faith. The Planning Board, on its own motion, may revoke
a tower permit for noncompliance with conditions set forth in the
granting of said permit after first holding a public hearing and giving
notice of such hearing. The foregoing shall not be the exclusive remedy,
and it shall be unlawful and punishable for any person to violate
any condition imposed by a tower permit. In such cases, a period of
60 days shall be granted the communications facility applicant for
full compliance prior to revocation of said permit. In cases where
there is imminent danger to the public health, safety or welfare,
the revocation of the permit shall be immediate.
(k)
The permittee, upon issuance of a tower permit, shall cause
a copy of the permit to be posted on the site, with a weather-resistant
cover and in a place accessible to the public.
A.
Applicability.
(1)
The standards in this § 207-43 shall apply to communications reception devices within the exclusive use or control of the user of the device where the user has a direct or indirect ownership interest in the property where the device is to be located.
(2)
Any exterior installation or use of communications reception devices by persons other than those described in § 207-43A(1) shall require a building permit, applied for by the owner of the property or his/her agent, accompanied by such evidence as is required by the Town to show that the device will not have an adverse aesthetic impact, either by itself or in combination with other such devices, existing or potential (e.g., in the case of apartment buildings), on any public right-of-way or any existing or proposed residential property, and that all local, state and federal safety, construction and other applicable regulations are met.
B.
Standards for all residential districts.
(1)
Video programming reception devices one meter (39 inches) or less
in diameter and television broadcast service antennas:
(b)
If ground-mounted, shall require a building permit if installed
at a height so as to extend beyond 12 feet above grade.
(c)
If ground-mounted, shall be no closer than five feet to any
lot line and shall not impede access to and egress from a building.
Any such device that is erected nearer to any lot line than the total
height of the structure above grade shall require a building permit.
With such building permit, the communications facility applicant shall
submit such evidence as is required by the Town to show that the device
is adequately anchored, designed and/or constructed so as to safeguard
the general public and/or adjacent property from damage in the event
of failure of the device or falling debris, such as ice.
(d)
Additional regulations.
[1]
If permitted in other than the rear yard, no more than one video
programming reception device or television broadcast service antenna
of whatever size shall be installed in any yard except the rear yard.
(e)
Shall comply with all applicable local, state and federal regulations.
(2)
Video programming reception devices greater than one meter (39 inches) in diameter and all other communications reception devices not included in § 207-43B(1):
(a)
Shall require a building permit.
(b)
If building-mounted, shall extend not more than six feet above
the roof or ridge of the buildings on which they are mounted and shall
not, as measured in plane view area, occupy more than 10% of the roof
area.
(c)
If ground-mounted, shall not extend beyond six feet in height
above grade.
(d)
If ground-mounted, shall be permitted only within the rear yard,
shall be no closer than 10 feet to any lot line and shall be screened
with fencing, permanent landscaping or other suitable material and/or
located so that not more than 10% of the dish is visible from grade
level of adjacent residential properties or adjacent rights-of-way.
C.
Standards for all nonresidential districts.
(1)
Video programming reception devices two meters (78 inches) or less
in diameter and all television broadcast service (TVBS) antennas which
are ground-mounted:
(a)
Shall not be closer than 10 feet to any residential lot line
and shall not impede access to and egress from a building. Any such
device which is erected closer to any lot line than the total height
of the structure above grade shall require a building permit. With
such building permit, the communications facility applicant shall
submit such evidence as is required by the Town to show that the device
is adequately anchored, designed and/or constructed so as to safeguard
the general public and/or adjacent property from damage in the event
of failure of the device or falling debris such as ice.
(b)
Shall require a building permit if installed at a height so
as to extend beyond 12 feet above grade.
(c)
Shall be screened as follows:
[1]
Ground-mounted devices which are 18 inches or less in diameter
shall be painted to blend with their surroundings or located and/or
screened so that no more than 10% of the antenna is visible from grade
level of adjoining residential properties or adjoining rights-of-way.
Screening shall be accomplished through the use of fencing, permanent
evergreen landscaping or other suitable material.
[2]
Ground-mounted devices which are greater than 18 inches in diameter
shall be located and/or screened so that no more than 10% of the antenna
is visible from grade level of adjoining residential properties or
adjoining rights-of-way. Screening shall be accomplished through the
use of fencing, permanent evergreen landscaping or other suitable
material.
(2)
Video programming reception devices two meters (78 inches) or less
in diameter and all television broadcast service (TVBS) antennas which
are building-mounted:
(a)
Shall be:
[1]
Located and/or painted and/or screened by parapets that appear
to be an integral part of the building so as to minimize their visibility
from adjoining rights-of-way and adjoining residential properties;
[2]
Installed per the manufacturer's recommendations;
[3]
In compliance with all applicable electrical codes; and
[4]
Not located on a fire escape.
(3)
Video programming reception devices greater than two meters (78 inches) in diameter and all other communications reception devices not included in § 207-43C(1) shall require a building permit and:
(a)
Shall be permitted only within the rear yard or mounted on the
roof of the primary structure.
(b)
If ground-mounted, shall be no closer than 10 feet to any residential
lot line, shall not exceed six feet in height above grade and shall
be screened with fencing, permanent evergreen landscaping or other
suitable material and/or located so that not more than 10% of the
device is visible from grade level of adjacent residential properties
or adjacent rights-of-way.
(c)
If building-mounted, shall not exceed six feet in height above
the roof or ridge of the building on which they are mounted and shall
not, as measured in plane view area, occupy more than 10% of the roof
area.
(4)
If permitted in other than the rear yard, no more than one antenna
or dish of whatever size shall be installed in any yard except the
rear yard.
A.
Amateur radio antennas shall be located only within the rear yard
not within the required setback and shall be located so as to minimize
their impact on adjacent residential properties and adjacent rights-of-way
while maintaining acceptable signal quality.
B.
Amateur radio antennas exceeding six feet in height above grade (if
ground-mounted) or above the roof or ridge of the building on which
they are located (if building-mounted) shall require a building permit.
With such building permit, the communications facility applicant shall
submit such evidence as is required by the Town to show that the device
is adequately anchored, designed and/or constructed so as to safeguard
the general public and/or adjacent property from damage in the event
of failure of the device or falling debris such as ice.
C.
Amateur radio antennas shall be designed, installed and maintained
so as to blend into the surrounding environment, to the satisfaction
of the Commissioner of Public Works or the Commissioner's designee,
through the use of color and camouflaging architectural treatment,
except in instances where the color is dictated by the Federal Aviation
Administration (FAA).
D.
In accordance with the Federal Communications Commission's preemptive
ruling PRB1, towers erected for the primary purpose of supporting
amateur radio antennas may exceed the height limitations of the underlying
district, provided that a determination is made by the Commissioner
of Public Works or the Commissioner's designee that the proposed
tower height is technically necessary to successfully engage in amateur
radio communications. The communications facility applicant shall
submit such information as is necessary for the Commissioner of Public
Works or the Commissioner's designee to make such determination.
In no case shall an amateur radio antenna exceed 70 feet in height.
E.
Attachments to amateur radio antennas, such as guy wires, shall not
cross any property line or any existing or proposed easement.
F.
No lighting shall be permitted on any amateur radio antenna except
as mandated by the FAA.
G.
No signage or displays of any type shall be permitted on any amateur
radio antenna.
