The purpose of this article shall be to:
A. Establish clear standards for the siting of wireless
communications facilities, buildings and structures, equipment, communications
towers, antenna towers and monopoles.
B. Promote the health, safety and general welfare of
the residents of Goshen through the establishment of minimum standards
to reduce the adverse visual and other effects of communications facilities,
including but not limited to transmission towers and antennas, through
the use of advanced technology, careful design, siting, and screening
and buffering.
C. Protect residential areas and land uses and property
values from potential adverse impacts of towers and antennas.
D. Encourage the location of communications facilities
and communications towers in areas suitably screened, buffered and
adequately separated from residential uses.
E. Minimize the total number of communications facilities
and communications towers throughout the community.
F. Encourage the joint use of new and existing communications
tower sites as a primary option rather than construction of additional
single-use communications towers while recognizing that collocation
on higher towers is not always preferable to two less visible, less
obtrusive shorter towers; thereby maximizing the use of existing communications
towers or alternative antenna host sites, while not unreasonably limiting
competition among communications providers or unreasonably limiting
reception of receive-only antennas.
G. Require users of communications towers and antennas
to locate them, to the extent possible, in areas where the adverse
impact on the community is shown to be minimal.
H. Require users of communications towers and antennas
to configure them in a way that minimizes adverse visual, aesthetic
and community character intrusion impacts caused by the installation
and view of communications towers and antennas, through careful design,
siting, landscape screening and buffering, sufficient setbacks to
reduce visual impacts to adjacent properties and innovative camouflaging
techniques such as alternative tower structures, thereby protecting
the physical appearance of the community and preserving its scenic
and natural beauty.
I. Avoid potential damage to adjacent properties from
communications towers through careful engineering and appropriate
siting of communications towers.
J. Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently by facilitating the siting of personal wireless communications
facilities.
As used in this article, the following terms
shall have the meanings indicated:
ADEQUATE COVERAGE
Coverage is considered to be adequate within the service
area of the Town of Goshen if the minimum standards set forth by the
Federal Communications Commission (FCC) to permit the applicant to
operate a personal wireless communications service within the area
are met.
ANTENNA
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.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative designs including structures that camouflage
or conceal the presence of antennas or towers.
COLLOCATION
The siting and/or mounting of multiple communications facilities
used by the same provider, or by two or more competing providers on
the same property and/or antenna support structure or communications
tower.
MAJOR WIRELESS COMMUNICATIONS FACILITY
Any wireless communications facility that is not a minor
wireless communications facility, including but not limited to any
facilities including any wireless communications towers, as hereinafter
defined.
MINOR WIRELESS COMMUNICATIONS FACILITY
Any wireless communications facility situated on or in an
existing building or other structure where such equipment consists
of a combination of antennas, or other receiving device, necessary
in number to facilitate the provision of wireless communications services
from such location, provided that such minor installation is comprised
of antennas, or transmitting and receiving devices which are no more
than six feet in height, which are mounted on supports affixed to
an existing structure, and operates with all significant equipment
accessory thereto (other than the aforementioned antennas and transmitting
or receiving devices, supports and connecting cables), installed in
interior space appurtenant to such existing building, tower or structure.
WIRELESS COMMUNICATIONS FACILITY
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, equipment, appurtenances and structures.
WIRELESS COMMUNICATIONS SERVICES
The provision of personal wireless communications services,
including but not limited to those more commonly referred to as cellular
telephone service, which services are regulated by the Federal Communications
Commission in accordance with the Communications Act of 1934, as amended
by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C),
or as hereafter amended.
WIRELESS COMMUNICATIONS TOWERS
Any freestanding structure including lattice structures or
framework and freestanding self-supported vertical pole (commonly
known as "monopole") on which any equipment is located in connection
with the provision of wireless communications services.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations. An
application for approval of a wireless communications facility proposed
to be located in a residential zoning district shall constitute a
Type 1 action.
No wireless communications facilities, except
those approved prior to the effective date of these regulations, shall
be used, located, constructed or maintained on any lot, structure
or land area unless in conformity with these regulations. No wireless
communications facilities may hereafter be erected, moved, reconstructed,
changed or altered unless in conformity with these regulations. No
existing structure shall be modified to serve as a wireless communications
facility unless in conformity with these regulations.
A. All communications facilities shall at all times be
in conformance with the rules and regulations of any governmental
entity having jurisdiction over such communications facilities and
uses, antenna and/or supporting structures and towers, including,
without limitation, the FCC and Federal Aviation Administration (FAA).
B. All communications facilities shall be operated and
maintained by an FCC licensee only.
C. All communication facilities shall be shown to be
necessary to provide coverage to an area of Town which currently is
proven to include inadequate coverage and that any related communications
tower or antenna is proposed at the minimum height and aesthetic intrusion
possible to provide that necessary coverage. The applicant seeking
to locate a communications facility in the Town of Goshen shall demonstrate
the need for new or additional antennas or communications towers.
D. All communication facilities, if proposed for placement
on a lot that is within or abuts a residential district, shall prove
that adequate coverage cannot be achieved by siting the facility on
a lot which is not or does not abut a residential district.
E. All communications facilities shall be constructed
and maintained in conformance with all building, electrical, fire
prevention and other applicable codes.
The following additional information shall be
required unless waived by the Planning Board:
A. Procedural.
(1) Visual impact assessment:
(a)
A viewshed analysis in order to determine locations
where the tower and appurtenant facilities may be visible.
(b)
Graphic representations of before and after
views from key viewpoints located 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, residential developments and from
any other location where the site is visible to a large number of
visitors or travelers.
(c)
Assessment of alternative tower designs and color schemes, as described in Subsection
A(2) below.
(d)
Assessment of the visual impact of the tower
base, guy wires, accessory buildings and overhead utility lines from
abutting properties and streets.
(2) Tower design. A report regarding alternative tower
designs which includes stealth technology to minimize visual impacts.
The Board may request a review of the tower design by a qualified
engineer in order to evaluate the need for and the design of any new
tower and potential alternatives. All designs to be considered shall
be required to include, at a minimum, the following characteristics:
(a)
Towers shall be designed to accommodate future
shared use by other wireless communications providers.
(b)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(c)
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.
(d)
Any new tower shall be securely mounted to withstand
the wind and ice loads and earthquake damage for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(e)
The height of any new tower shall be the minimum
height necessary, considering shared use, to meet the minimum requirements
of the Federal Communications Commission for coverage of the service
area encompassing the Town of Goshen.
(3) Fully engineered site plan. A site plan showing, at
a minimum, all existing roads, buildings, tower(s), guy wires and
anchors, antennas, parking and landscaping, and shall include grading
plans for new facilities and roads.
(4) Engineer's report.
(a)
A report by a professional engineer licensed
in New York State specializing in electrical engineering with expertise
in radio communication facilities and, if a monopole or tower is required
or the electrical engineer is not qualified to certify the structural
soundness of the installation, a professional engineer licensed in
New York State specializing in structural engineering. The report
shall contain the following information:
[1]
The name(s) and address(es) of the person(s)
preparing the report.
[2]
The name(s) and address(es) of the property
owner, operator and applicant.
[3]
The postal address and section, block and lot
number of the property.
[4]
The zoning district in which the property is
situated.
[5]
The approximate size of the property and the
approximate location of all lot lines.
[6]
The approximate location of the nearest residential
structure.
[7]
The approximate location of the nearest occupiable
structure.
[8]
The approximate location of the nearest day-care
center, school, camp or recreational park.
[9]
The approximate location of all structures on
the property which is the subject of the application.
[10]
The approximate location, size and height of
all proposed and existing antennas and all appurtenant structures.
[11]
The type, size and location of all proposed
and existing landscaping.
[12]
The number, type and design of antenna(s) proposed
and the basis for the calculations of capacity.
[13]
The make, model and manufacturer of the antenna(s).
[14]
A description of the proposed antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including
height above grade, materials, color and lighting.
[15]
The frequency, modulation and class of service
of radio equipment.
[16]
Transmission and maximum effective radiated
power of the antenna(s).
[17]
Certification that the proposed antenna(s) will
not cause interference with existing communications devices.
[18]
Elevation drawings depicting the front, side
and rear of the property, illustrating the proposed antenna, mounting
device and structure, if any, on which the antenna(s) is mounted.
[19]
A map depicting and listing all existing sites
in the Town and bordering communities containing transmitting antenna(s)
used by the operator, owner or applicant.
[20]
All applications, communications and permits
submitted to and issued by the Federal Aviation Administration.
(b)
The Planning Board may, in a proper case, waive
one or more of the foregoing requirements set forth in this section
and may require additional reports or evidence that it deems necessary
to ensure that the health, safety and welfare of the community are
adequately addressed.
(5) Intermunicipal notification. In order to keep neighboring
municipalities informed and to facilitate the consideration of shared
use of existing tall structures in a neighboring municipality, and
to assist the continued development of communication for emergency
services, the applicant shall provide the following additional notice
of the application:
(a)
Notification in writing to the Town Clerk of
any adjoining municipality within one mile of a proposed site or a
greater distance if determined by the Board to be impacted by a proposed
new telecommunications tower.
(b)
Notification in writing by certified mail of
all landowners within 1,500 feet of the property line of the parcel
on which a new tower is proposed.
B. Location, lot size and setbacks. Any proposed wireless
communications tower and its accessory structures shall be located
on a single parcel and shall comply with setback requirements as identified
below.
(1) Distance from public facilities. In order to protect
the health, safety and welfare of children who may be injured by falling
ice or debris, all wireless communications towers shall be a distance
of not less than 350 feet from the nearest property line of a school,
day-care center, camp, public park or playground.
(2) Lot size of major wireless communications facilities
sites 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.
(3) Wireless communications towers shall be located with
a minimum setback from any property line equal to the height of the
tower in the CO and I Districts, and twice the height of the tower
in any other zoning district. Accessory structures shall comply with
the minimum setback requirements in the underlying zoning district.
(4) Additional setbacks may be required by the Planning
Board to contain on site substantially all ice fall or debris from
tower failure and preserve the privacy of any adjoining residential
and public properties.
C. Vegetative screening and fencing.
(1) Landscaping. All communications facilities shall provide
landscaping as follows:
(a)
All communications towers shall be located and
designed to have the least possible adverse visual and aesthetic effect
on the environment.
(b)
The area surrounding the installation, other
than the area necessary to maintain a clear line of site to the signal
source, shall be landscaped and maintained with trees, shrubs and
ground cover to maximize screening and visual buffering. An existing
natural vegetative buffer which meets or exceeds the above requirements
may be substituted or enhanced for said requirements.
(c)
Screening and buffering utilizing trees of a
height and density established by the Planning Board that will, over
time, reduce visual impacts resulting from the installation of said
facility shall be provided.
(d)
The outside of security fencing shall be screened
with evergreen shrubs, trees or climbing evergreen material on the
fencing.
(e)
The base of any communications tower and any
accessory structure shall be effectively screened using primarily
vegetative screening, including a continuous evergreen screen planted
in a natural setting and consisting of native plant species. Existing
vegetation shall be preserved to the maximum extent practicable. Additional
plantings shall be required, as necessary, to screen and buffer all
structures from nearby properties or important viewsheds of scenic
areas. All landscaping shall be properly maintained to ensure continued
screening and buffering.
(2) Security and safety fencing. Security and safety fencing
shall be located around all communications towers, equipment and related
facilities to restrict unauthorized access. Access to all structures
shall be through a locked gate or principal building. Fencing shall
be designed to minimize visual and aesthetic impacts and shall be
equipped with appropriate anticlimbing devices. Failure to maintain
said security and safety fencing in an appropriate manner shall be
grounds for immediate revocation of all permits and certificates of
use by the Building Inspector. In addition:
(a)
All communications towers, antenna towers or
monopoles and other supporting structures shall be made inaccessible
to nonauthorized persons, particularly children, and shall be constructed
or shielded in such a manner that they cannot be climbed.
(b)
All transmitter controls that could cause the
transmitter to deviate from its authorized operating parameters shall
be designed and installed in such a manner that they are readily accessible
only to persons authorized by the licensee to operate or service them.
(c)
All transmitters used with in-building radiation
systems shall be designed in such a manner that, in the event that
an unauthorized person does gain access, that person cannot cause
the transmitter to deviate from its authorized operating parameters
in such a way as to cause interference to other stations.
(d)
All transmitters (other than hand-carried or
pack-carried mobile transmitters) and control points shall be equipped
with a visual means of indicating when the control circuitry has been
put in a condition that should cause the transmitter to radiate.
(e)
All transmitters shall be designed in such a
manner that they can be turned off independently of any remote control
circuits.
(3) Coloring and marking. Unless otherwise required by
the FAA or FCC, all communications facilities, including antenna and
communications towers, shall be colored, camouflaged and/or shielded
to blend with surrounding areas, provided that such coloring, camouflage
and/or shielding does not inhibit their effectiveness. The painting
or marking of such facilities shall have a finish or coloring which
will minimize visual and aesthetic impacts. Towers and all appendages
shall generally have a galvanized finish and shall be painted gray
or blue-gray, or some other finish or color that is shown to be visually
unobtrusive.
(4) Signals and lights. No communications tower, antenna
tower or monopole shall include any signals, lights or illumination
unless required by the FAA or other applicable authority. The applicant
shall provide evidence mandating any requirement for lighting. If
lighting is required, said lighting shall be shown to cause the least
disturbance to surrounding properties and views. Any lighting necessary
for accessory structures or buildings shall be minimized and shall
be properly shielded to prevent light emission and glare onto adjacent
properties.
(5) Signage. No signs, including advertising signs, shall
be permitted on any antenna, communications tower, antenna tower or
monopole, or antenna support structure, except as follows:
(a)
Signs specifically required by a federal, state
or local agency.
(b)
Each site shall include a sign containing the
name of the owner and operator of any antenna present, including an
emergency phone number. In addition, any door having access to a roof-mounted
antenna and all entrances to the fenced enclosure shall be similarly
signed.
(c)
Any signage permitted above shall comply with
the sign regulations of the Town Code.
D. Undergrounding of electrical power; noise suppression.
All electrical power supply to service the on-site buildings and appurtenances
supporting the tower antenna operations shall be installed underground.
Noise suppression shall be utilized in the structural design and construction
of the tower support buildings and appurtenances.
E. Access and parking.
(1) Access. 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 of 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.
(2) Parking. Parking shall be provided on site in an amount
determined by the Board based upon recommendation from the applicant.
No parking shall be located in any required front yard.
At all times, the shared use within existing
tall structures (for example, multistory buildings, church steeples,
farm silos, electric utility structures, etc.) and existing approved
towers shall be preferred to the construction of major wireless communications
facilities including new wireless communications towers and/or monopole.
A. Minor wireless communications facilities are a permitted use in all zoning districts within the Town of Goshen, subject to site plan review by the Planning Board in accordance with §
97-75 of the Code of the Town of Goshen. The Planning Board may require the applicant to submit any of the items under §
97-94A herein as part of the site plan review process.
B. Application requirements.
(1) An application for site plan approval of a minor telecommunications
facility shall include the following:
(a)
A completed site plan application form.
(b)
Consent from the owner of the existing facility
to allow shared use.
(c)
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 to the existing facility shall be indicated
on the site plan.
(d)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing structure, will not hamper existing emergency networks
and explaining what modifications, if any, will be required in order
to certify the above.
(e)
A copy of the applicant's FCC license.
(2) The Planning Board may waive any of the above requirements
if it is demonstrated by the applicant that under the facts and circumstances
the submission of such documentation would cause an unnecessary and
undue hardship.
(3) The Planning Board may require any other documentation,
reports or evidence that it deems necessary to ensure that the health,
safety and welfare of the community is adequately addressed.
A Telecommunications Advisory Board is hereby
created consisting of three members appointed by the Town Board to
serve staggered three-year terms to participate in regional planning
efforts, review ongoing advancements in antenna technology, zoning
compliance with Federal Communications Commission rulings and offer
recommendations on applications to construct antennas and subsequent
amendments to and enforcement of this article. The creation of such
Board shall be consistent with the following:
A. Appointment of members. The Town Board shall appoint
a Telecommunications Advisory Board consisting of three members and
shall designate the Chairperson thereof. When selecting candidates,
the Town Board shall weigh and consider geographical representation
and endeavor to ensure that membership is representative of the larger
population to the extent possible. In the absence of a Chairperson,
the Advisory Board may designate a member to serve as Acting Chairperson.
In making such appointments, the Town Board may require Advisory Board
members to complete training and continuing education courses to assure
competency in the subject area.
B. Terms of members first appointed. The appointment
of members to the Advisory Board shall be for terms so fixed that
one member's term shall expire at the end of the calendar year in
which such members were initially appointed. The remaining members'
terms shall be so fixed that one member's term shall expire at the
end of each year thereafter. At the expiration of each original member's
appointment, the reappointed or replacement member shall be appointed
for a three-year term.
C. Vacancy in office. If a vacancy shall occur otherwise
than by expiration of term, the Town Board shall appoint a new member
to the unexpired term.
D. Chairperson duties. All meetings of the Advisory Board
shall be held at the call of the Chairperson and at such other times
as such Board may determine.
In addition to offering, upon request, suggestions
regarding implementation and enforcement of this article, the Advisory
Board shall publish at least once each year, in February, a summary
of the previous year's rulings and notices of proposed ruling-making
by the Federal Communications Commission affecting the provisions
of this article or an indication of where such a summary may be obtained,
particularly those affecting municipalities within the county, including
a list of previously proposed sites and all transmitting antennas
installed in the Town of Goshen during the prior year, keyed to a
map of the Town and illustrating the distribution of said antennas,
a list of all pending antenna applications and recommendations to
the Town Board regarding any necessary amendments to this chapter.