Cobleskill Village City Zoning Code
§ 160-6.6
Standards for wireless telecommunications towers and facilities.
A.
Purpose and intent.
(1)
The purpose of these standards is to establish predictable and balanced regulations for the placement and screening of personal services antennas, towers, and accessory structures. The regulations that follow are also intended to accommodate the growth of such systems within the Village of Cobleskill (hereinafter referred to as "the Village"). Such regulations will further serve to protect the public against any adverse impacts on aesthetic resources. Additionally, the regulations will eliminate potential damage to adjacent properties from tower failure through structural standards and setback requirements. Finally, the regulations set forth in these standards will reduce the number of towers needed to service the community by maximizing the use of existing towers and structures.
(2)
These standards are intended to regulate the placement, construction, modification, and removal of towers and telecommunications facilities to protect the health, safety, and welfare of the public while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, these standards are intended to:
(a)
Regulate the location of towers and telecommunications facilities in the Village;
(b)
Protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities;
(c)
Minimize adverse visual impacts of towers and telecommunications facilities through careful design, placement, landscaping, and innovative camouflaging techniques;
(d)
Promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
(e)
Promote and encourage technological designs that will either eliminate or reduce the need to erect new tower structures to support antennas and telecommunications facilities;
(f)
Secure fair and reasonable compensation to the Village and the residents of the Village for permitting private use of the public ways;
(g)
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound; and
(h)
Ensure that towers and telecommunications facilities are compatible with surrounding land uses.
B.
Definitions. See § 160-20, Definitions and Word Usage, § 160-20.2, Definitions, "wireless telecommunications towers and facilities."
C.
Review requirements.
(1)
No antenna or tower shall hereafter be used, erected, changed or altered except after obtaining a special use permit in conformity with these standards.
(2)
The Village of Cobleskill Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove special use permits pursuant to these standards. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower, or accessory structures in accordance with the Act.
D.
A special use permit issued by the Planning Board shall be effective for a period of two years, during which time an applicant will have two years to erect or modify a tower or antenna pursuant to the permit. The Planning Board may renew such permit upon reapplication by the applicant and the payment of any necessary fees.
E.
Development of towers, antennas, antenna support structures or telecommunications facilities. No person shall build, erect, or construct a tower, antenna, antenna support structure, or telecommunications facility upon any parcel of land within any zoning district within the Village unless the Cobleskill Planning Board issues a special use permit after approving an application in accordance with Subsection C.
(1)
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet above the ground upon which the antenna is placed.
(2)
No new tower shall be built, constructed, or erected in the Village unless the tower is capable of supporting another operating telecommunications facility comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the tower.
(3)
An application to develop a tower, antenna, antenna support structure or telecommunications facility shall include:
(a)
The name, address, and telephone number of the owner and lessee of the parcel of land where the telecommunications structure is to be situated. If the applicant is not the owner of the parcel of land where the structure is to be located, then the written consent of the owner must also be provided as part of the application.
(b)
The legal description and address of the parcel of land where the structure is to be located.
(c)
The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-mile radius of the proposed new tower site, including Village-owned property.
(d)
A description of the design plan proposed by the applicant in the Village. The applicant must identify the use of the most recent technological design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives cannot be used to accomplish the provision of the applicant's telecommunications services.
(e)
An affidavit stating that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on Village-owned towers or usable antenna support structures within a one-mile radius of the proposed tower site.
(f)
Written technical evidence from a qualified professional engineer acceptable to the Village that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structures owned by other persons located within a one-mile radius of the proposed tower site.
(g)
A written statement from a qualified professional engineer acceptable to the Village that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by nearby residential and nonresidential properties.
(h)
Written technical evidence from a qualified professional engineer acceptable to the Village that the proposed structure meets the standards set forth in Subsection H, Structural requirements, of this section.
(i)
Written technical evidence from a qualified professional engineer acceptable to the Fire Chief and the Code Enforcement Officer that the proposed site of the tower or telecommunications facility does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(j)
To assist the Planning Board in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower or structure as it would appear viewed from the closest residential property and from adjacent roadways.
(k)
A completed long-form environmental assessment form (EAF), in accordance with SEQRA, including a visual assessment or a draft environmental impact statement in lieu of the long-form EAF.
(l)
The Act gives the FCC sole jurisdiction to regulate RF emissions and does not allow the Village to condition or deny an applicant based upon the RF impacts that meet FCC standards. Antennas and towers shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. Applicants shall submit information regarding proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. Applicants shall submit evidence of compliance with FCC standards on a yearly basis to the Village. If new, more restrictive standards are adopted, the antennas shall be made to comply with the FCC standards, or the Planning Board may restrict continued operation. The owner or operator of the telecommunications facility shall bear the cost of verification of compliance.
(4)
The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should use an open framework or monopole configuration.
(5)
The base of the tower shall not occupy more than 500 square feet, and the top of the tower shall not be wider than the base.
(6)
Minimum spacing between tower locations is 1/2 mile.
(7)
The Planning Board may require an applicant to supplement any information that the Planning Board considers inadequate or that the applicant has failed to supply. The Planning Board may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection.
(8)
If outside engineering services are required during site plan review, the applicant shall pay the costs.
F.
Collocation requirements. All towers erected or located within the Village shall comply with the following requirements:
(1)
A proposal for a tower shall not be approved unless the Planning Board finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height; one-quarter-mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer acceptable to the Village, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(b)
The antenna would cause interference materially impacting the usability of other existing or planned antennas at the tower or building as documented by a qualified professional engineer acceptable to the Village, and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer acceptable to the Village.
(d)
Other foreseen reasons that make collocation of the antenna upon an existing or approved tower or building infeasible.
(2)
Any proposed tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet high or for at least one additional user if the tower is over 60 feet high. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. The applicant shall submit to the Planning Board a letter of intent committing the applicant, and its successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless service providers in the future. The issuance of a special use permit shall commit the new tower owner and its successors in interest to:
(a)
Respond in a timely and comprehensive manner to a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless service providers.
(c)
Allow shared use of the new tower if another personal wireless service provider agrees in writing to pay charges.
(d)
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of the 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.
(3)
To keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Planning Board shall require that:
(a)
An applicant who proposed a new tower shall notify in writing the legislative body of each municipality that borders the Village and the County Planning Commission. 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 Planning Board at the time of application.
G.
Setbacks. Towers and all accessory structures shall conform to each of the following minimum setback requirements:
(1)
All towers up to 100 feet high shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 100 feet in height shall be set back one additional foot per foot of tower exceeding 100 feet.
(2)
Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
(3)
Setback requirements may be modified, as provided in the sole discretion of the Planning Board, when placement of a tower in a location that will reduce the visual impact can be accomplished.
(4)
The minimum setbacks of the underlying zoning district shall be met with the exception of industrial zoning districts, where towers and accessory structures may encroach into the rear setback area, provided that the real property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(5)
Towers and accessory structures shall be set back from the planned public rights-of-way as shown on the most recently adopted map of the Village showing such rights-of-way, a minimum distance equal to 1/2 the tower height, including all antennas and attachments.
(6)
Setback requirements may be modified in the sole discretion of the Planning Board to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line, or similar structure.
H.
Structural requirements. All towers must be designed and certified by a qualified professional engineer acceptable to the Village to be structurally sound.
I.
Separation or buffer requirements. For the purpose of these standards, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the base, pursuant to a proposed site plan, of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of the tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied regardless of Village jurisdictional boundaries.
(1)
Towers shall be separated from all residentially zoned lands by a minimum of 200 feet or 200% of the height of the proposed tower, whichever is greater.
(2)
Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a special use permit but are not yet constructed at the time a special use permit is granted pursuant to these standards:
(a)
Monopole tower structures shall be separated from all other towers, whether monopole or self-supporting lattice, by a minimum of 750 feet.
(b)
Self-supporting lattice towers shall be separated from all other self-supporting lattice towers by a minimum of 1,500 feet.
(c)
Self-supporting lattice tower structures shall be separated from all monopole towers by a minimum of 750 feet.
J.
Method of determining tower height. Measurement of tower height to determine compliance with all requirements of these standards shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height shall be measured from grade.
K.
Illumination. Artificial light shall be limited as required by the Federal Aviation Administration or other federal or state authority for a particular tower. Upon the commencement of tower construction, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual-mode lighting shall be requested from the Federal Aviation Administration.
L.
Design of antennas, towers and accessory structures. Antennas, towers, and accessory structures shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except when the color is indicated by federal or state authorities such as the Federal Aviation Administration. Every antenna, tower, and accessory structure shall be a neutral color to be in harmony with and blend with the natural features, buildings, and structures surrounding the antenna or structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.
M.
Landscaping and security of structures. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where such structures or facilities are located, although the Planning Board may require landscaping in excess of the Village code to enhance the compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any accessory structures shall be landscaped. Towers and accessory structures shall be provided with eight-foot security fencing to prevent unauthorized entry.
N.
Access. A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Maximum use of existing roads, public or private, shall be made.
O.
Stealth design. All towers shall be of stealth design as defined by these standards.
P.
Telecommunications facilities on antenna support structures. Any telecommunications facilities not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Planning Board, establish the following at the time plans are submitted for a special use permit:
(1)
The height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.
(2)
Any telecommunications facilities and appurtenances located above the primary roof of an antenna support structure are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback shall not apply to telecommunications facilities and their appurtenances located above the primary roof of an antenna support structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the Village. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof but which do not protrude more than 18 inches from the side of such an antenna support structure.
Q.
Certifications and inspections.
(1)
All towers shall be certified by a qualified professional engineer acceptable to the Village to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to Subsection C of these standards and every five years thereafter. The tower owner may be required by the Village to submit more frequent certifications if the Village believes the structural and/or electrical integrity of the tower is jeopardized.
(2)
The Village or its agents shall have authority to enter onto the property where a tower is located, between inspections and certifications, to inspect the tower to determine whether it complies with the Village Code and all other construction standards provided by the Village Code and federal and state law.
(3)
The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.
R.
Maintenance.
(1)
Tower owners shall employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(2)
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations and in such manner that will not interfere with the use of other property.
(3)
All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order and repair.
(4)
Licensed maintenance and construction personnel shall perform all maintenance or construction of towers, telecommunications facilities, or antenna support structures.
(5)
All towers shall be in compliance with current RF emission standards as set by the FCC.
(6)
If a tower owner discontinues the use of a tower, the tower owner shall provide written notice to the Village of its intent to discontinue and the date when such use will be discontinued.
S.
Abandonment.
(1)
If any tower shall cease to be used for a period of 365 consecutive days, the Code Enforcement Officer shall notify the owner, with a copy to the applicant, that the site will be subject to a determination that such site has been abandoned. The owner shall have 30 days from receipt of such notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the CEO shall issue a determination of abandonment for the site. Upon issuance of a final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.
(2)
If a tower is not removed within the relevant time period, the Village may remove the tower and associated facilities after proper notice and a hearing, and the costs of removal shall be assessed against the owner.
(3)
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.
T.
Severability. If any clause, section, or other part of these standards shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of these standards shall not be affected thereby but shall remain in full force and effect.
U.
Signs and advertising on towers. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
V.
Compliance with other laws. The operator of every tower, antenna, and accessory structure shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such tower, antenna and accessory structure and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
W.
Assignment of permit. Every special use permit granting approval of an antenna, tower, or accessory structure shall state that any assignment or transfer of the special use permit or of any rights thereunder may be made only with the approval of the Village Board of Trustees.
X.
Review of special use permit. The special use permit shall be subject to review by the Planning Board at five-year intervals to determine the following:
(1)
Whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified; and
(2)
Whether the special use permit should be modified or terminated as a result of any such change.