[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
TELECOMMUNICATIONS TOWER
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. 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 telecommunications
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.
E. Collocation application must be completed and comply with §§
141-4,
141-5 and
141-6. The fee for the application shall be $2,000.
[Added 6-11-2001 by L.L. No. 2-2001]
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]
(2) Documentation of intent from the owner of the existing
facility to allow shared use.
(3) 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.
(4) 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.
(5) A completed short environmental assessment form (EAF)
and, where applicable, a completed visual EAF addendum.
(6) 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 telecommunications
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 telecommunications 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 telecommunications
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. 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.
C. Assessment of alternative tower designs and color schemes, as described in §
141-12 below.
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.
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.