Cohoes City Zoning Code
ARTICLE XII
Telecommunications Facilities
§ 285-100 Review authority.
A.
The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove special use permits for telecommunications facilities pursuant to this chapter. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications facility, including the use of camouflage of the tower structure and/or antenna to reduce visual impact.
B.
Except as provided below, no telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered and no existing structure shall be modified to serve as a telecommunications facility, except after obtaining a special use permit in conformity with this chapter.
C.
Telecommunications antennas placed on existing telecommunications towers or on existing structures do not require a special use permit, unless the existing tower or structure is located in a residential district, or unless it will be modified in such a way as to increase its height, or a new accessory structure would be built.
D.
The Planning Board may waive any or all of the requirements for approval for applicants proposing minor changes to existing facilities and for applicants proposing the use of camouflage for a telecommunications tower when the Board finds that such camouflage significantly reduces visual impact to the surrounding area. However, the Board may not waive the requirement that a public hearing be held on the application.
E.
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.
F.
On property owned by the City of Cohoes, a telecommunications facility shall be permitted upon the execution of a lease with the City and upon issuance of a building permit. All leases are subject to the approval of the Common Council as set forth in the Charter of the City of Cohoes and shall address relevant issues of safety, height, aesthetics, setbacks, future expansion, and collocation. Said lease with the City shall not require review or approval by the Planning Board.
§ 285-101 General criteria.
No special use permit relating to a telecommunications facility shall be authorized by the Planning Board 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 Federal Communications Commission, Federal Aviation Administration, 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 telecommunications facility.
§ 285-102 Submission requirements.
The Planning Board shall promulgate necessary submission requirements to be part of any application. The Board may waive submission requirements for applicants proposing minor changes in conformity with § 285-100D above.
§ 285-103 Collocation.
The shared use of existing telecommunications towers 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 telecommunications facility or upon an existing structure within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one more of the following reasons:
A.
The planned equipment would exceed the structural capacity of the existing and approved telecommunications 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 telecommunications 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 equipment proposed by the applicant on existing facilities or structures; and
E.
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such a collocation or requests an unreasonably high fee for such collocation compared to current industry rates.
§ 285-104 Fall zones.
Telecommunications facilities shall be constructed so as to minimize the potential safety hazards and be located in such a manner that if the facility should fall, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications facilities.
§ 285-105 Setbacks.
Telecommunications facilities shall comply with all existing setbacks within the affected zone. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. Additional setbacks may be required by the Planning Board to contain on-site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
§ 285-106 Lighting, screening and aesthetics.
A.
Lighting. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Notwithstanding, an applicant may be compelled to add FAA-style lighting and marking if, in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety. The Board may choose the most appropriate lighting and marking plan from the options acceptable by the FAA at that location. The applicant must provide both standard and alternative lighting and marking plans for the Board's review.
B.
Visibility and aesthetics.
(1)
The maximum height for telecommunications towers permitted under this article, including any antennas or other devices extending above the tower, measured from the ground surface shall be 150 feet.
(2)
Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding tree line unless other standards are required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Accessory uses shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(3)
The project shall be designed to blend with the natural and/or man-made surroundings to the maximum extent practicable.
(4)
Structures offering slender silhouettes (i.e., monopoles or guyed towers) may be preferable to freestanding lattice structures except where such freestanding structures offer capacity for future shared use. The Planning Board may consider the type of structure being proposed and the surrounding area.
(5)
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities.
C.
Vegetation and screening.
(1)
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four 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.
(2)
The Planning Board 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.
§ 285-107 Access and parking.
A.
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. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
B.
Equipment or vehicles shall not be stored on the facility site.
§ 285-108 Signage.
The use of any portion of a telecommunications facility for signs for promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons, is prohibited. The Planning Board may require the installation of signage with safety information.
§ 285-109 Security.
A.
Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six 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 provided if such lighting does not project off the site.
D.
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public thoroughfare.
§ 285-110 Engineering standards.
A.
All telecommunications facilities shall be built, operated and maintained to acceptable industry standards. Each application must contain a site plan for the facility containing the signature of an engineer licensed by the State of New York.
B.
Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the City of Cohoes.
§ 285-111 Abandonment and removal.
At the time of submission of the application for a telecommunications 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 telecommunications facility, if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.
§ 285-112 Exemptions.
§ 285-113 Effect on existing telecommunications facilities.
Telecommunications facilities in existence as of March 26, 2002, that do not conform to or comply with this article are subject to the following provisions:
A.
Telecommunications facilities may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this article.
B.
If an existing facility is hereafter damaged or destroyed due to any reason or cause, the facility may be replaced or restored to its former use, location, and physical dimensions without complying with this article, provided that if the cost of repairing the facility to the former use, physical dimensions and location would be 10% or more of the cost of a new facility of like kind and quality, then the facility may not be repaired or restored except in full compliance with this article.