[HISTORY: Adopted by the Board of Trustees
of the Village of Victor 6-18-2007 by L.L. No. 7-2007. Amendments noted where
applicable.]
All telecommunications towers must be approved
by the Village Board of Trustees prior to Planning Board review.
The purpose of this chapter is to promote the
health, safety and general welfare of the residents of the Village,
to provide standards for the safe provision of telecommunications
consistent with applicable federal and state requirements and the
character of the Village. These regulations are not intended to prohibit
or have the effect of prohibiting the provisions of personal wireless
services nor shall they be used to unreasonably discriminate among
providers of functionally equivalent services consistent with current
federal regulations.
As used in this chapter, the following terms
shall have the meanings indicated:
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The frequencies of these waves generally range from 10 hertz to 300,000
megahertz.[1]
A structure on which transmitting and/or receiving antenna(s)
are located.
Where these regulations conflict with other
laws and regulations of the Village, the more restrictive shall apply,
except for tower height restrictions which are governed by these special
use standards.
A.
An applicant shall be required to summit a site plan as described in Chapter 170, Article V, of the Village of Victor Code. The site plan shall show all existing and proposed structures and improvements including roads and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Additionally, the Planning Board shall require that
the site plan include a completed visual environmental assessment
form (Visual EAF) and a landscaping plan addressing other standards
listed within this section with particular attention to visibility
from key viewpoints within and outside of the municipality as identified
in the Visual EAF. The Planning Board may require submittal of a more
detailed visual analysis based on the results of the Visual EAF.
A.
At all times, shared use of existing towers shall
be preferred to the construction of new towers. Additionally where
such shared use is unavailable, location of antenna on preexisting
structures shall be considered. An applicant shall be required to
present an adequate report inventorying existing towers within reasonable
distance of the proposed site and outlining opportunities for shared
use of existing facilities and use of other preexisting structures
as an alternative to a new construction.
B.
An applicant intending to share use of an existing
tower shall be required to document intent from an existing tower
owner to share use. The applicant shall pay all reasonable fees and
costs of use. Those costs include but are not limited to structural
reinforcement, preventing transmission or receiver interference, additional
site screening, and other changes, including real property acquisition
or lease required to accommodate shared use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In the case of new towers, the applicant shall be
required to submit a report demonstrating good faith efforts to secure
shared use from existing towers as well as documenting capacity for
future shared use of the proposed tower. Written requests and responses
for shared use shall be provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Telecommunications towers.
A.
The Planning Board may issue a special use permit
to the construction of a new or replacement telecommunications tower
in an industrial district, or other areas as specified and approved
by the Village Board of Trustees, subject to the following conditions:
(1)
Visual effects of towers will be minimized through
careful design, siting and vegetative screening. At least one row
of deciduous trees not less than 1/2 inch in diameter measured three
feet above grade and spaced not more than 20 feet apart and within
25 feet of the site boundary shall be provided. Within 40 feet of
the boundary, at least one row of evergreen trees or shrubs at least
four feet high when planted and spaced not more than 15 feet apart
shall be provided. Trees shall be maintained and replaced if needed.
(2)
Radio and television towers and antennas shall not
exceed 200 feet in height.
(3)
All essential emergency and fire services will be
given access to obtain necessary space or service on the tower at
no cost (other than installation and maintenance).
(4)
The applicant shall abide by all conditions imposed
by the Village of Victor Planning Board.
(5)
The point of illumination of any lighting shall not
be visible off the premises. Towers shall not be artificially lighted
unless required by the Federal Aviation Administration (FAA).
(6)
No additions or modifications to the tower of any
nature shall be permitted without application to and approval of the
Village Board of Trustees and Planning Board. In order to gain such
approval, the applicant shall be required to show the following:
(a)
That the proposed addition or modification is
necessary and appropriate for the full implementation and usage of
the tower.
(b)
That the tower can structurally accommodate
the additions or modifications.
(c)
That any additions or modifications will not
interfere with existing or proposed telecommunication, radio or microwave
signals.
(d)
That the visual effects of any additional equipment
will not unduly or unreasonably interfere with or restrict the visual
aesthetics of the surrounding neighborhood.
(e)
That the health, safety or general welfare of
the public will not be otherwise impaired.
(7)
The applicant must demonstrate the existing or approved
towers cannot accommodate the telecommunications equipment planned
for the proposed tower.
(8)
A telecommunications tower shall not contain any signage
except that identifying a health, safety or general welfare message
intended solely for the protection of the general public.
(9)
All commercial telecommunications towers shall be
enclosed by a fence not less than six feet in height above ground
level.
(10)
Site plan approval is granted by the Planning Board;
and provided, further, that said site plan application includes, but
is not limited to, the following additional information:
(a)
The location of all structures and trees on
the site and on any adjacent property within 10 feet of the subject
property line.
(b)
All information prepared by the manufacturer
of the antenna or tower or the applicant for which a special use permit
is being sought, including but not limited to the following:
[1]
The make and model of the tower to be erected.
[2]
The manufacturer's design data for installation
instructions and construction plans contingent upon siting by Planning
Board approval.
[3]
The applicant's proposed tower maintenance and
inspection procedures and records system.
[4]
Identification of any anticlimb device to be
installed.
[5]
Identification of the levels of radiation to
be emitted by or from the telecommunications tower.
[6]
Identification of the effect such telecommunications
tower's operation will have on other existing telecommunications towers
or antenna within 1,000 feet of the proposed structure.
(c)
All tower applications will be reviewed by the
Village Engineer.
(11)
Exceptions. The following telecommunications towers
are excepted from the provisions of this section:
(a)
Facilities under the control or ownership of
a public or governmental agency.
(b)
Satellite dish receiving antennas for residential
use.
(c)
Conventional receptor television and radio antennas
with a height of less than 15 feet above existing grade or, if attached
to a structure, 35 feet above existing grade.
(d)
Radio antennas for personal use regulated by
the Federal Communications Commission for licensed amateur radio operation.
(12)
Time limit. The Village Board of Trustees when considering
a special use permit for the erection and maintenance of a telecommunications
tower may place a time period on the special use permit that is being
requested. Such time limit shall clearly stipulate the conditions
imposed with granting the special use permit and the basis for the
Planning Board or Code Enforcement Officer to renew said permit for
another specified time period.
(13)
Removal.
(a)
In the event that a telecommunications tower
is no longer used for the purpose specified in the application or
the telecommunications facility ceases operations for a period of
90 days, such tower, structures or facilities shall be dismantled
and removed from the site within 30 days of receipt of written notice
from the Village Board based upon the Village Board's declaration
to the effect specified herein.
(b)
In such event, the issuance of a special use
permit shall be conditioned upon the submission to the Code Enforcement
Officer of a written estimate from a company engaged in the installation
and removal of telecommunications towers of the cost of dismantling
and removing the telecommunications tower and any attached structures
or facilities, together with a letter of credit or other security
in a form acceptable to the Village Attorney in an amount not less
than 125% of said estimated cost, which letter of credit or other
security shall provide that said funds shall be made available to
the Village for the removal of such tower and any attached structures
or facilities upon the failure of the holder of the special use permit
to comply with the provisions of this section. The letter of credit
shall be approved by Village Board resolution conditioned upon the
recommendation of the Code Enforcement Officer and Village Engineer.
(14)
An artist's rendering or construction detail of the
tower showing all appendages shall be submitted.
B.
A special use permit previously granted for the construction and maintenance of a telecommunications tower may be modified or amended, provided that application to and approval of the Village of Victor Planning Board is obtained. An applicant must, in such case, demonstrate to the satisfaction of the Board the criteria and standards set forth in Subsection A(6) of this section.
C.
Renewal. A special use permit previously granted for
the construction and maintenance of a telecommunications tower shall
be subject to renewal at the expiration of five years from the date
of issuance and each five years thereafter and shall be renewed by
the Village Board of Trustees, Village Planning Board and the Code
Enforcement Officer for each such five-year period upon submission
of a written renewal application to the Code Enforcement Officer at
least 90 days prior to the expiration of the current special use permit,
and upon compliance with the following conditions:
(1)
The Code Enforcement Officer shall determine that
the holder of the special use permit is in compliance with all conditions
imposed as part of the grant or previous modifications or renewal
of the special use permit.
(2)
The applicant shall provide to the Code Enforcement
Officer proof any permits, licenses or other authorizations from the
county, state or federal governmental agencies required for the continued
operation of the telecommunications tower are in full force and effect.
(3)
The holder of the special use permit shall furnish
a report from a licensed professional engineer certifying that the
telecommunications tower has been inspected and that it complies with
current industry standards for the minimum criteria for specifying
and designing steel antenna towers and antenna supporting structures
[e.g., Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures (ANSI/TIA/EIA-222-F) or equivalent]. Said report shall
be certified to the Village Engineer and the Code Enforcement Officer.
(4)
In the event that the holder of a special use permit
furnishes a report from a licensed professional engineer certifying
to the Village Engineer and the Code Enforcement Officer that structural
modifications (other than modifications changing the height or location
of the telecommunications tower) are required in order to bring the
telecommunications tower into compliance with current industry standards
for the minimum criteria for specifying and designing steel antenna
towers and antenna supporting structures, plans and specifications
for such modifications prepared by a licensed professional engineer
shall be submitted to the Code Enforcement Officer and, provided that
such plans and specifications comply with provisions of the New York
State Building Code, a building permit for such modification shall
be issued following Planning Board site plan approval. Thereafter,
the special use permit shall be renewed in accordance with the provision
hereof only after the holder of the special use permit furnishes evidence
from a licensed professional engineer certifying to the Village Engineer
and the Code Enforcement Officer that the structural modifications
have been completed and that the telecommunications tower complies
with current industry standards for the minimum criteria for specifying
and designing steel antenna towers and antenna supporting structures
[e.g., Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures (ANSI/TIA/EIA - 222-F) or equivalent].
(5)
The holder of the special use permit shall have delivered
to the Code Enforcement Officer a written estimate, from a company
engaged in the installation and removal of telecommunications towers,
of the cost of dismantling and removing the telecommunications tower
and any attached structures or facilities, together with a letter
of credit or other security in a form acceptable to the Village Attorney
in an amount not less than 125% of said estimated cost, which letter
of credit or other security shall provide that said funds shall be
made available to the Village for the removal of such tower and any
attached structures or facilities upon the failure of the holder of
the special use permit to comply with the provisions of § 211-47A(17).[1]
[1]
Editor's Note: See the Zoning chapter of the
Code of the Town of Victor.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by a fine not to exceed $250, imprisonment
for a term not to exceed 15 days, or both, for each day of violation.
