[HISTORY: Adopted by the Town Board of the Town of New Berlin 8-14-2000
by L.L. No. 1-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review — See Ch. 121.
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure greater than 35 feet in height, which is capable of
receiving and/or transmitting signals (for the purpose of communication).
The purpose of these supplemental regulations is to promote the health,
safety and general welfare of the residents of the Town of New Berlin; to
provide standards for the safe provision of telecommunications consistent
with applicable federal and state regulations; 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 buildings and other
high structures; and to minimize adverse visual effects from telecommunications
towers by requiring careful siting, visual impact assessment and appropriate
landscaping.
A.
No telecommunications tower, except those approved prior
to the effective date of this chapter, shall be used unless in conformity
with these regulations. No telecommunications tower shall hereafter be erected,
moved, reconstructed, changed or altered unless in conformity with these regulations.
No existing structure shall be modified to serve as a telecommunications tower
unless in conformity with these regulations.
B.
Applicants proposing to collocate on a previously approved
telecommunications tower require a permit and are subject to site plan review
in accordance with the town's Site Plan Law.[1] The Planning Board may require the applicant to submit any of the items under § 141-3E below as part of the site plan review process.
[Amended 6-11-2001 by L.L. No. 2-2001]
C.
The regulations shall apply to all property within the
Town of New Berlin.
D.
Applications for construction for new telecommunica-tions
towers shall comply with the Code of Federal Regulations pertaining to objects
affecting navigable airspace as delineated within Federal Aviation Regulations
(FAR) Part 77. Additionally, no application for construction of a new telecommunications
tower will be approved if the proposed tower violates the criteria for obstructions
to air navigation as established by FAR Part 77, Subpart C, Obstruction Standards.
F.
The fee for a new tower application shall be $4,000.
[Added 6-11-2001 by L.L. No. 2-2001]
G.
The Town of New Berlin shall not be responsible for any
costs for studies over and above the amount equal to the application fees.
[Added 6-11-2001 by L.L. No. 2-2001]
A.
At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers (see § 141-3B above) shall be preferred to the construction of new towers.
B.
An applicant proposing to share use of an existing tall
structure shall be required to submit:
(1) A completed application.[Amended 6-11-2001
by L.L. No. 2-2001]
(1)
Documentation of intent from the owner of the existing
facility to allow shared use.
(2)
A site plan. The site plan shall 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.
(3)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of the existing
tall structure and explaining what modifications, if any, will be required
in order to certify to the above.
(4)
A completed short environmental assessment form (EAF)
and, where applicable, a completed visual EAF addendum.
(5)
A copy of its Federal Communications Commission (FCC)
license.
C.
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection B above, and if modifications indicated according to Subsection B are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant without further review under this chapter. If the Board determines that any modifications indicated according to Subsection B are significant, it may require further review according to §§ 141-9 through 141-20.
[Amended 6-11-2001 by L.L. No. 2-2001]
[Amended 6-11-2001 by L.L. No. 2-2001]
The Board may consider a new telecommunications tower when the applicant
demonstrates that shared use of existing tall structures and existing or approved
towers is impractical. An applicant shall be required to present an adequate
written report inventorying all existing tall structures and existing or approved
towers within a reasonable distance of the proposed site. This distance shall
be determined by the Board in consultation with the applicant. The report
shall outline opportunities for shared use of these existing facilities as
an alternative to a proposed new tower. The report shall demonstrate good-faith
efforts to secure shared use from the owner of each existing tall structure
and existing or approved tower as well as documentation of the physical, technical
and/or financial reasons why shared usage is not practical in each case. Written
requests and responses for shared use shall be provided.
Where use of existing tall structures, and existing or approved towers, is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with § 141-5 above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of §§ 141-8 through 141-20 below.
The Board may consider a new telecommunications tower on a site not previously developed with an existing 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 § 141-5 above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with § 141-6. Any proposal for a new telecommunications tower shall also be subject to the requirements of §§ 141-8 through 141-20 below.
A.
The applicant shall design a proposed new telecommunica-tions
tower to accommodate future demand for reception and transmitting facilities.
The applicant shall submit to the Board a letter of intent committing the
owner of the proposed new tower, and his/her successors in interest, to negotiate
in good faith for shared use of the proposed tower by other telecommunica-tions
providers in the future. This letter shall be filed with the Code Enforcement
Officer prior to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation.
[Amended 6-11-2001 by L.L. No. 2-2001]
B.
The letter shall commit the new tower owner and his/her
successors in interest to:
(1)
Respond within 90 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 new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another tele-communications
provider agrees in writing to pay reasonable charges. The charge may include
but is not limited to a pro rata share of the cost of site selection, planning,
project administration, land costs, site design, construction and maintenance
financing, return on equity, and depreciation, and all of the costs of adapting
the tower or equipment to accommodate a shared user without causing electromagnetic
interference.
A.
An applicant shall be required to submit a site plan
in accordance with the town's Site Plan Law.[1] The site plan shall show all existing and proposed structures
and improvements, including roads, buildings, tower(s), guy wire and anchors,
antenna, parking and landscaping, and shall include grading plans for new
facilities and roads.
B.
Supporting documentation. The applicant shall submit
a complete full EAF, a complete visual environmental assessment form (visual
EAF addendum) and documentation on the proposed intent and capacity of use,
as well as a justification for the height of any tower and justification for
any clearing required. The applicant shall also submit a copy of its Federal
Communications Commission (FCC) license, if applicable.
[Amended 6-11-2001 by L.L. No. 2-2001]
A.
All proposed telecommunications towers and accessory
structures shall be located on a single parcel and shall be set back from
abutting parcels and street lines a distance sufficient to substantially contain
on-site all ice-fall or debris from tower failure and preserve the privacy
of any adjoining residential properties.
B.
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If the land
is to be leased, the entire area required shall be leased from a single parcel
unless the Board determines that this provision may be waived.
C.
Telecommunications towers shall comply with all existing
setback requirements of the underlying site plan review or shall be located
with a minimum setback from any property line equal to twice the height of
the tower, whichever is greater and in excess of 1,000 feet from the nearest
existing residence, for new tower construction.
[Amended 6-11-2001 by L.L. No. 2-2001]
D.
Construction of a new tower may not be commenced without
an approved application for at least one carrier.
[Added 6-11-2001 by L.L. No. 2-2001]
[Amended 6-11-2001 by L.L. No. 2-2001]
The Board may require the applicant to undertake a visual impact assessment
which may include:
A.
A "zone of visibility map" shall be provided in order
to determine locations where the 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 site is visible to a large number of visitors
or travellers. The Board shall determine the appropriate key sites at a presubmission
conference with the applicant.
D.
Assessment of the visual impact of the tower base, guy
wires, accessory buildings and overhead utility lines from abutting properties
and streets.
A.
Alternative designs shall be considered for new towers,
including lattice and single pole structures.
B.
The design of a proposed new tower shall comply with
the following:
(1)
Any new tower shall be designed to accommodate future
shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations, a
tower shall have a finish (either painted or unpainted) that minimizes its
degree of visual impact.
(3)
The maximum height of any new tower shall not exceed
that which shall permit operation without artificial lighting of any kind
or nature, in accordance with municipal, state, and/or federal law and/or
regulation. The Board at its discretion may modify this requirement if the
applicant can justify the need to exceed this height limitation.
(4)
The Board may request a review of the application by
a qualified engineer in order to evaluate the need for, and the design of,
any new tower. The cost of this review shall be borne by the applicant.
(5)
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with the natural surroundings.
(6)
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including but not limited
to company name, phone numbers, banners and streamers.
[Amended 6-11-2001 by L.L. No. 2-2001]
Existing on-site vegetation shall be preserved to the maximum extent
possible. No cutting of trees exceeding four inches in diameter (measured
at a height of four feet off the ground) shall take place prior to approval.
Deciduous or evergreen tree plantings may be required to screen portions
of the tower and accessory structures from nearby residential property as
well as from public sites known to include important views or vistas. Where
a site abuts a residential property or public property, including streets,
screening shall be required.
Adequate emergency and service access shall be provided. Maximum use
of existing roads, public or private, shall be made. Road construction shall,
at all times, minimize ground disturbance and vegetation cutting to within
the toe fill, the top of cuts or no more than 10 feet beyond the edge of any
pavement. Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
Parking shall be provided to assure adequate emergency and service access.
The Board shall determine the number of required spaces based upon a recommendation
from the applicant. No parking spaces shall be located in any required yard.
The tower and any accessory structures shall be adequately enclosed
by a fence, the design of which shall be approved by the Board. This requirement
may be waived by the Board if the applicant demonstrates that such measures
are unnecessary to ensure the security of the facility.
[Amended 6-11-2001 by L.L. No. 2-2001]
An abandonment bond is required in the amount no less than $10,000.
If this is insufficient to remove the abandoned tower, the additional cost
of removal will go against the landowner. The applicant shall submit to the
Board a letter of intent committing the tower owner, and his/her successors
in interest, to notify the Code Enforcement Officer within 30 days of the
discontinuance of use of the tower. This letter shall be filed with the Building
Inspector prior to issuance of a building permit (assuming the telecommunications
tower is approved according to this chapter). Obsolete or unused towers and
accessory structures shall be removed from any site within four months of
such notification. Failure to notify and/or to remove the obsolete or unused
tower in accordance with these regulations shall be a violation of this chapter
and shall be punishable according to the enforcement section of the town Site
Plan Review Law.[1]
Any telecommunications tower erected in the Town of New Berlin that
is subject to this chapter shall consent to the use of the tower by the Chenango
County Emergency Services Agency and Town of New Berlin.
In order to keep neighboring municipalities informed, and to facilitate
the possibility of directing that an existing tall structure or existing telecommunications
tower in a neighboring municipality be considered for shared use, and to assist
in the continued development of county 911 services, the Board shall require
that:
A.
An applicant who proposes a new telecommunications tower
shall notify in writing the legislative body of each municipality that borders
the Town of New Berlin, the Chenango County Planning Board and the Director
of Chenango County Emergency Services. Notification shall include the exact
location of the proposed tower and a general description of the project, including,
but not limited to, the height of the tower and its capacity for future shared
use.
B.
Documentation of this notification shall be submitted
to the Board at the time of application.
[Amended 6-11-2001 by L.L. No. 2-2001]
A.
The applicant shall be required to mail notice of the
public hearing directly to all landowners whose property is located within
500 feet of the property line of the parcel on which a new tower is proposed.
Notice shall also be mailed to the administrator of any state or federal parklands
from which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of this notification
shall be submitted to the Board prior to the public hearing.
B.
A sign shall be posted at the proposed
access for the proposed or existing tower. The size and content shall be approved
by the Planning Board. It shall be posted at least two weeks prior to the
public hearing and shall remain through the application.
