Eaton Town City Zoning Code
ARTICLE VA
Telecommunications Towers
[Added 10-13-2011 by L.L. No. 1-2011]
§ 120-23.1 Title.
The provisions of this article shall be referred to as the "Telecommunications Tower Regulations of the Town of Eaton."
§ 120-23.2 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 services consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Town of Eaton. The provisions of these regulations do not apply to amateur radio service equipment and facilities intended and used solely for personal, noncommercial purposes. Nor are these regulations intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to discriminate among providers of functionally equivalent services consistent with current federal regulations.
§ 120-23.3 Definitions.
As used in this article, the following terms shall be defined as follows:
ACCESSORY FACILITY
An accessory facility serves the principal use, is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use. Examples of such facilities include transmission equipment, electrical generators and storage sheds.
ANTENNAE
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. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.
TELECOMMUNICATIONS TOWER or TOWER
A structure on which transmitting and/or receiving antenna(e) used in connection with a commercial enterprise are located.
§ 120-23.4 Application of special use regulations.
A.
No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.
B.
The applicant shall demonstrate with a reasonable degree of certainty that the proposed location and height for the telecommunications tower is necessary to meet the frequency reuse and spacing needs of the system, and to provide adequate service coverage in the Town.
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 Eaton, the more restrictive shall apply, except for telecommunications tower height restrictions, which are governed by the following special use permit standards.
§ 120-23.5 Special use permit standards.
A.
Site plan.
(1)
An applicant shall be required to submit a site plan showing all existing and proposed structures and improvements, including access roads and driveways, and shall include grading plans for new facilities and access roads and driveways. The site plan shall also include documentation on the intent and capacity of the proposed use, as well as a justification for the height of any tower or antennae, and justification for any land or vegetation clearing required.
(2)
Additionally, the Planning Board shall require that the site plan include a completed SEQR visual environmental assessment form addendum (visual EAF) and a landscaping plan addressing other standards listed within this article with particular attention to visibility from key viewpoints within and outside of the Town as identified in the visual EAF. The Planning Board may require submission of a more detailed visual analysis based on the results of the visual 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 other than towers shall generally be preferred over the construction of new towers. An applicant shall be required to present a competent report inventorying existing towers and other structures within a practical 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 consent from the existing tower owner to shared use. The applicant shall substantiate that all potential issues created by the shared use, including but not necessarily 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, have been adequately addressed.
(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 owners of existing towers and other facilities, 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 be erected only to such height as is technically necessary to accomplish the purpose they are to serve. Front, rear, and side setback requirements from property lines and any structures shall be the height of the tower plus 10%, or the front, side, and rear yards otherwise required in the district, whichever is greater. Additional setbacks may be required by the Planning Board to contain on-site 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 all accessory facilities.
D.
Visibility.
(1)
All towers and accessory facilities shall be sited to have the least adverse visual effect on the environment.
(2)
Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). 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. In all cases, structures offering slender silhouettes (i.e., monopoles or guyed towers) shall be preferable, except where alternate structures offer greater capacity for future shared use. Towers shall 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.
E.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. Clear-cutting of trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
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. An access road and parking shall 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 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. Public road standards may be waived by the Planning Board in meeting the objectives of this subsection.
H.
Signs. Signs shall not be permitted on towers, antennae, or related accessory facilities, except for signs displaying owner contact information and/or safety instructions. There shall be a maximum of two such signs, and shall not exceed five square feet in area per sign.
I.
Utility connections to towers and accessory facilities shall be underground.
J.
Towers and related facilities shall be maintained in good working condition and repair. Towers shall be inspected annually by a professional engineer, licensed in the State of New York, for structural integrity and continued compliance with these regulations. A copy of the inspection report, including findings and conclusions, shall be submitted to the Town's Code Enforcement Officer no later than December 31 of each year.
K.
Abandonment. A telecommunications tower that is not used for 36 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any permit shall constitute grounds for the revocation of the approval by the Town. In addition, failure to remove an obsolete or unused tower in accordance with this section shall be a violation of this section and subject to fine and/or imprisonment or both. Any and all structures, guy cables and/or enclosures accessory to such telecommunications tower shall also be removed. The site shall be restored to as natural a condition as possible.
L.
Authority to impose conditions.
(1)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions upon the special use permit and/or site plan approval as may be directly related to the achievement of the purposes envisioned by this article with respect to the proposed telecommunications tower and facilities.
(2)
Such conditions shall include provisions for dismantling and removal of towers and accessory facilities upon abandonment of use, including posting of a financial bond of security.