Babylon City Zoning Code
ARTICLE XXXIX
Personal Wireless Service Facilities
§ 213-455 Purpose and intent.
A.
The purpose of this article is to establish predictable and balanced regulations for the placement, construction and modification of personal wireless service facilities in order to accommodate the growth of such facilities while protecting the public against any adverse impacts on aesthetic resources and the public safety and welfare. The Town of Babylon wants to accommodate the need for personal wireless service facilities while regulating their location and number, minimizing adverse visual impacts through proper design, siting and screening, avoiding potential physical damage to adjacent properties, and encouraging joint use of tower structures.
B.
The article also seeks 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, in order to further minimize adverse visual effects from telecommunications towers.
C.
This article is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
§ 213-456 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An accessory use serves the principal use, is subordinate in area, extent or purpose to the principal use, and is located on the same lot as the principal use. Examples of such uses include transmission equipment and storage sheds.
Equipment necessary to the secure and successful operation of a wireless facility, including but not limited to a support structure, antenna, transmitting, receiving, and combining equipment, equipment shelter, fencing, transmission cables and telephone lines, utility lines and backup power source.
A system of electrical conductors that transmit or receive radio frequency waves.
The use of any communication, transmission and/or reception antenna and/or towers, radio, television and/or telecommunications beacons to carry two or more antennas by two or more service providers.
Federal Aviation Administration of the United States.
Federal Communications Commission of the United States.
Any unmanned facility used in connection with the provision of wireless services, including but not limited to antenna, ancillary telecommunication equipment, telecommunication towers and access. A wireless facility includes all equipment and structural components needed to construct a complete wireless facility.
Includes any and all towers or antennas possessing a valid, current and proper building permit and/or special use permit issued prior to the effective date of this article.
Including any structure designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers, radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures, inclusive of the structure and any support systems appurtenant thereto.
§ 213-457 Applicability.
§ 213-458 Exceptions.
Article XXXIX shall apply to all personal wireless service facilities, towers and antennas except the following:
A.
Amateur radio station operators.
B.
Preexisting towers or antennas, except expansion of the originally approved fenced compound area, or any addition or expansion which would increase the height permitted in the affected district.
C.
Those on property owned by the Town.
D.
Antennas which are accessory to permitted residential uses and are mounted on the residential dwelling without a tower.
§ 213-459 Review authority.
The Zoning Board of Appeals is hereby authorized to review and approve, approve with modifications or disapprove special use permits for personal wireless service facilities pursuant to this article. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed personal wireless service facility, including the use of camouflage or stealth-type installation of the tower structure and/or antenna to reduce visual impact.
A.
Except as provided below, no personal wireless service facility shall hereafter be erected, moved, reconstructed, changed or altered and no existing structure shall be modified to serve as a personal wireless service facility, except after obtaining a special use permit in conformity with this article.
B.
Collocated facilities; equipment located inside.
(1)
Personal wireless service facilities collocating on existing active towers do not require a special use permit, unless the originally approved compound area is being expanded, or unless the personal wireless service facility will be modified in such a way as to increase its height in excess of the permitted height in the affected district.
(2)
Personal wireless service facilities collocating on existing structures or buildings do not require a special use permit unless the originally approved compound area is being expanded, or the height in the affected district is being exceeded.
(3)
If equipment area is located inside an existing building or structure, the condition regarding expansion of compound area does not apply.
C.
The Zoning Board of Appeals may waive any or all of the requirements for approval for applicants proposing minor changes to existing facilities. However, the Board may not waive the requirement that a public hearing be held on the application.
D.
No building permit shall be issued until the applicant provides proof that space on the facility has been leased or will be operated by a provider licensed by the FCC to provide service in the area.
§ 213-460 General criteria.
No special use permit relating to a personal wireless service facility shall be authorized by the Zoning Board of Appeals unless it finds that such facility:
A.
Is necessary to provide adequate service to locations that the applicant is not able to serve with existing facilities;
B.
Conforms to all applicable regulations promulgated by the FCC, FAA and other federal agencies;
C.
Will be designed and constructed in a manner which minimizes visual impact to the extent practical; and
D.
Is the most appropriate site among those available within the technically feasible area for the location of a personal wireless service facility.
§ 213-461 Submission requirements.
A.
Applications shall include the following:
(1)
The location, type and height of the facility, and whether it is to be located on an existing structure, collocated or on a tower.
(2)
Adjacent roadways, rights-of-way, land uses and structures and zoning on land within 1/2 mile.
(3)
Setbacks from the property line of the proposed site.
(4)
Environmental assessment.
(5)
Scaled drawing of the site, including elevation drawings of the structure, the distance between all structures and proposed means of access.
(6)
Landscape plan.
(7)
Radio frequency study.
(8)
Evidence of good faith effort to collocate or locate on existing towers, structures or buildings and why it is not feasible.
(9)
Location and separation distance between all other existing and proposed facilities within the Town and/or within one mile.
(10)
Evidence that no existing tower, structure or building can accommodate the applicant's proposed antennas and provide necessary coverage.
(11)
Detailed cost of construction analysis supported by written documentation.
(12)
Engineering certification of safety of the proposed tower.
(13)
Aviation Security Advisory Committee (ASAC) report.
(14)
Radio frequency propagation maps.
(15)
Health and safety study.
(16)
Copy of FCC and FAA application and approval.
(17)
Photo-simulation or visual analysis report showing where, within one mile, the facility can be seen.
(18)
National Environmental Policy Act (NEPA) Study.
B.
The Zoning Board of Appeals may retain its own structural and/or radio frequency engineer, real estate appraiser and traffic engineer at the applicant's expense if the Zoning Board of Appeals deems necessary.
§ 213-462 Collocation.
The shared use of existing personal wireless service facilities or other structures shall be preferred to the construction of new facilities. Any special use permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to collocate within an existing personal wireless service facility or upon an existing structure within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed personal wireless service facility cannot be accommodated on existing personal wireless service facilities due to one or more of the following reasons:
A.
The planned equipment would exceed the structural capacity of existing and approved personal wireless service facilities or other structures, considering existing and planned use for those facilities;
B.
The planned equipment would cause radio frequency interference with other existing or planned equipment which cannot be reasonably prevented;
C.
Existing or approved personal wireless service facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
D.
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures;
E.
The property owner or owner of the existing personal wireless service facility or other structure refuses to allow such collocation or requests an unreasonably high fee for such collocation compared to current industry rates; and
F.
Existing or approved personal wireless service facilities cannot provide necessary coverage for a designated geographic area.
§ 213-463 Setbacks.
A.
Towers must comply with front yard setbacks of the affected zoning district. Towers must comply with either the side yard and rear yard setback of the affected zone, or must be setback a minimum of five feet from the rear or side property line, whichever is greater.
B.
Setbacks for all other components of a personal wireless service facility must be a minimum of five feet from the side and rear property lines, and setback a minimum of 40 feet from the front property line.
C.
Setbacks shall not apply to rooftop installations of personal wireless service facilities on existing buildings which have a valid certificate of occupancy.
§ 213-464 Lighting.
Towers shall not be artificially lighted except to assure human safety, proper flag etiquette and compliance as required by the FAA.
§ 213-465 Visibility and aesthetics.
A.
The maximum height for towers permitted under this article, including any antennas or other devices extending above the tower, measured from the ground surface, shall be 80 feet.
B.
Towers shall be galvanized finish and painted gray, green, blue or similar colors designed to blend into the natural surroundings below the surrounding tree line unless other standards are required by the FAA. Accessory uses shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
C.
The project shall be designed to blend with the natural and/or man-made surrounding to the maximum extent practicable.
D.
Structures offering slender silhouettes (i.e., monopole, flagpole, light pole or stealth-style installation) shall be preferable to freestanding lattice structures. The Zoning Board of Appeals may require stealth-style installation such as light pole, flagpole or similar type structure.
E.
The applicant must examine the feasibility of designing a proposed tower to accommodate future demand for additional facilities.
§ 213-466 Vegetation and screening.
A.
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding three inches in diameter shall take place prior to approval of the special use permit. Clear cutting of all trees in a single contiguous area shall be minimized to the extent possible.
B.
The Zoning Board of Appeals may require appropriate vegetative buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, waterways, historic or scenic areas, or public roads.
§ 213-467 Access.
A.
A road will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
B.
Equipment, other than that necessary for the operation of the personal wireless service facility, and/or vehicles shall not be stored on the facility site.
§ 213-468 Signage.
Except as required by the FAA, FCC or OSHA, signage is prohibited on personal wireless service facilities, towers and antennas. Required signs shall not exceed minimum requirements as set forth by the FCC, FAA and/or OSHA. The Zoning Board of Appeals may require the installation of signage with safety information.
§ 213-469 Security.
A.
Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height and not more than eight feet in height.
B.
There shall be no permanent climbing pegs within 15 feet of the ground.
C.
Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be required. Such lighting shall not project off the facility site.
D.
A locked gate at the junction of the accessway and a public thoroughfare shall be required to obstruct entry by unauthorized vehicles and/or persons. Such gate must not protrude into the public thoroughfare.
E.
All new telecommunication facilities are required to have generators that are sufficient to maintain service during power interruptions and outages.
§ 213-470 Engineering standards.
A.
All personal wireless service facilities shall be built, operated and maintained to acceptable industry standards. Each application must contain a site plan for the proposed facility containing the signature of an engineer licensed by the State of New York.
B.
Every facility shall be inspected at least every year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Town of Babylon Planning Department every year.
§ 213-471 Abandonment and removal.
At the time of submission of the application for a personal wireless service facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a personal wireless service facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than six consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to seeding of exposed soils.
§ 213-472 When effective.
This article shall take effect immediately when it is filed in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
§ 213-472.1 Fire suppression exemption.
Accessory structures (under 100 square feet) located on site are exempt from installing fire-suppression systems.
§ 213-472.2 Maintenance.
The applicant/owner of the site is responsible for general maintenance and upkeep of the telecommunications facility. General maintenance includes painting, landscaping, fencing and flag maintenance/etiquette.