Bolton Town City Zoning Code
ARTICLE XVII
Telecommunications Towers
[Added 9-2-1997; amended 12-27-2000]
§ 200-96 Enabling authority.
The Planning Board is hereby authorized to review and approve, approve with conditions, or disapprove site plans consistent with Article V of the Town of Bolton Zoning Chapter concerning the placement and operation of telecommunications towers.
§ 200-97 Definitions.
As used in this article, the following terms shall have the meanings indicated:
TELECOMMUNICATION 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, and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.
TELECOMMUNICATION TOWER
A structure on which transmitting and/or receiving antenna(e) are located.
TELECOMMUNICATION TOWER ACCESSORY FACILITY
An accessory facility serves the principle use, is subordinate in area, extent and purpose to the principle use, and is located on the same lot as the principle use. Examples of such facilities include transmission equipment and storage sheds.
§ 200-98 Purpose.
The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Town of Bolton.
§ 200-99 Application of site plan review regulations.
A.
No telecommunication transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after site plan review and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.
B.
These regulations shall apply to all property within the following zones: Town-wide.
C.
Exceptions to these regulations are limited to:
(1)
New uses which are accessory to residential uses; and
(2)
Lawful or approved uses existing prior to the effective date of these regulations.
D.
Where these regulations conflict with other laws and regulations of the Town of Bolton, the more restrictive shall apply, except for tower height restrictions which are governed by these standards.
§ 200-100 Site plan review.
A.
Site plan. In accordance with Article V of the Zoning Chapter, an applicant shall be required to submit an application for site plan review and, in addition to all other requirements set forth in Article V, the application shall include the following.
(1)
All site plan review applications 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 antennae and justification for any land or vegetation clearing required. The area(s) where signals would be received shall be documented on a map by the applicant.
(2)
Additionally, the Planning Board shall require that the site plan application include a completed full Environmental Assessment Form (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 Town as identified in the EAF.
B.
Shared use.
(1)
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.
(2)
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 adapting an existing tower or structure to a new shared 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.
(3)
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.
C.
Setbacks. Towers and antennae shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on-site substantially all ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities.
D.
Visibility.
(1)
All towers and accessory facilities shall be sited to have no undue adverse impact upon the natural environment and visual character and resources of the surrounding neighborhood or environs and the Town of Bolton.
(2)
Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be lower than the surrounding tree canopy unless it can it can be demonstrated to the satisfaction of the Planning Board that the technical requirements for the telecommunications system prevents the practical use of towers at that height. In such cases where towers are required to be extended above the surrounding tree canopy, they shall be required to resemble natural vegetation. Where towers are at or below the surrounding tree canopy, they shall be required to resemble natural vegetation unless they are screened from public view. The intent is to minimize the impacts upon the natural environment and visual character of the nearby area and the Town. In all cases, guyed towers shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
(3)
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(4)
Provision shall be made for securing access to the site at all times, and the Planning Board, in its discretion, may require that the tower, guys and accessory facilities be fenced.
E.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and 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 of the special permit use. Clear-cutting of trees shall be in conformity with § 200-51 of the Zoning Chapter.
F.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
G.
Access and parking. A road and parking 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 to within the toe of fill, the tap 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. Public road standards may be waived in meeting the objectives of this subsection.
H.
Removal upon abandonment. The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Zoning Administrator within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Zoning Administrator prior to issuance of a building permit (assuming the telecommunication tower is approved according to this section). Obsolete or unused towers and accessory structures, including guys, 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 Article XIII of the Zoning Chapter.
I.
Intermunicipal notification for new towers. 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:
(1)
An applicant who proposes a new telecommunication tower shall notify in writing the legislative body of each municipality that borders the Town of Bolton and the Director of Warren 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.
(2)
Documentation of this notification shall be submitted to the Board at the time of application.
(3)
An applicant who proposes a new telecommunication tower within the Adirondack Park shall be required to notify in writing the Adirondack Park Agency. Such notice shall include a copy of the application and all documents and papers in support thereof. Such notification shall be made simultaneously with the filing of the application with the Planning Board. 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, its capacity for future shared use and any information regarding the networking of towers being planned or extended and the ultimate area of coverage.
J.
Maintenance and/or escrow account. The Planning Board, at its sole discretion, may require the applicant and/or the owner to establish, prior to approval of any application, a maintenance and/or escrow account in an amount sufficient to cover the reasonable cost of technical review, maintenance, or removal of said tower, guys and accessory structures. The amount required shall be determined at the sole discretion of the Board, based upon the characteristics of the tower and site, and the Board shall have the authority and discretion to use all or any portion of the escrow account for maintenance or removal of the tower(s), guys, and/or accessory structures. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. The Planning Board, in its sole discretion, may require annual inspections of the site to ensure its structural soundness and safety and compliance with any conditions of approval. The reasonable cost of such inspections shall be borne by the applicant.
§ 200-101 Authority to impose conditions.
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to or incidental to the proposed telecommunication tower site plan. Such authority may include aspects related to aesthetics, such as construction materials, landscaping, siting and other features.
§ 200-102 Professional review fees.
In addition to all other fees required under the Zoning Chapter, the Planning Board shall require an applicant to pay the costs incurred by the Planning Board for legal and/or technical review of an application. The fees charged to an applicant shall reflect the actual costs of reasonable and necessary legal and/or technical assistance and review incurred by the Board.