Elbridge Town City Zoning Code
ARTICLE IX
Telecommunication Towers
§ 265-52 Intent.
The purpose of this article is to allow for telecommunications installations, while providing for the health, safety and aesthetic character of the Town consistent with applicable federal and state law, in accordance with the Town's Comprehensive Plan, with particular regard to scenic vista protection. This article is intended to comply with the Federal Telecommunications Act of 1996 and as amended.[1]
§ 265-53 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Serves the principal use, is subordinate in area, extent and purpose to the principal use. Examples of such facilities include transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include cellular, paging and personal communication services (PCS). The frequency of these waves generally range from 10 hertz to 300,000 megahertz.
The construction of facilities to house or support a telecommunications tower so that the towers blend readily with the landscape, neighborhood, and adjacent architectural features. Examples of camouflaging are silo and barn, windmill, and simulated tree.
A provider of telecommunication service.
The use of a telecommunications tower by more than one carrier.
Freestanding lattice tower onto which a telecommunications device is affixed.
Lattice tower supported by wire anchors, onto which telecommunications device is affixed.
A single pole of variable cross section unto which telecommunications devices are affixed.
A structure on which transmitting and/or receiving antenna(s) are located. This includes, but is not limited to, freestanding towers, guyed towers, monopoles, and similar structures. It is a structure intended for transmitting and/or receiving telecommunications but excluding those either for fire, police or other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar communications.
§ 265-54 Approval of telecommunications facilities.
No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after the granting of a special use permit by the Zoning Board of Appeals with advisory site plan review as provided in Local Law No. 3 of 2000 and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.
Telecommunications towers and accessory facilities shall be permitted in any zoning district upon the issuance of a special use permit as provided in Article XIII.
In reviewing an application for a special permit for a telecommunications tower, the Zoning Board of Appeals shall, at a minimum, require that the following criteria be met:
Site location. A proposed location shall receive approval from the Zoning Board of Appeals following satisfaction of the following requirements:
Documentation of the need for the use of the site proposed.
A completed visual environmental assessment form (visual EAF), including a simulated photographic visualization of the site, with particular attention to visibility from key viewpoints identified on the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the result of the visual EAF.
Priority shall be given that the proposed facility be located in a higher use district or on higher intensity use property. Such priority, from most favorable to least favorable, is as follows:
Height.
The Board of Appeals shall approve, subject to the limitations set forth in Subsection C(2)(b) below, the height of each proposed telecommunications tower. In reviewing such issue, the Board of Appeals shall consider the minimum height necessary for the application's needs and may also take into consideration the potential for co-location in approving or requiring additional height above the minimum necessary for the applicant's needs.
The maximum height for telecommunications towers permitted under this section, including any antennas, extensions or other devices extending above the tower, measured from the ground surface immediately surrounding the site, shall be determined by the Board of Appeals.
Co-location and use of preexisting structures.
Applicants are encouraged to provide their towers for use by other carriers at a reasonable fair market value. Additionally, where such co-location is unavailable, location of antenna on preexisting structures shall be considered by the applicant. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for co-location with existing facilities and the use of other preexisting structures as an alternative to a new construction.
An applicant intending to co-locate with an existing tower shall be required to document intent from an existing tower owner to co-locate.
In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure co-location with existing towers as well as documenting capacity for future co-location for the proposed tower. Written requests and responses for co-location shall be provided.
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities. This requirement may be waived, by the Board of Appeals, provided that the applicant demonstrates that future shared usage of the proposed facility is not feasible and an unnecessary burden, based upon:
Setbacks. Telecommunications towers and antennas shall be a minimum of 200 feet from any property line or an amount equal to the height of the tower, whichever is greater.
Monopoles or guyed towers shall be referred to as freestanding telecommunication towers.
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 or black below the surrounding tree lines unless other standards are required by the FAA. Towers should be designed a sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
Accessory facilities shall maximize use of location, building materials, colors and textures designed to blend with the natural surroundings.
No telecommunications tower, antennae or accessory facility shall contain any signs or advertising devices.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. Clear cutting of all trees in a single contiguous area shall be minimized to the maximum extent possible.
Screening. Deciduous or evergreen tree planting may be required to screen portions of the tower and accessory facilities from nearby residential property as well as from public sites. Where the site abuts residential or public property, including streets, 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, with the plant height to include the height of the berm.
Access.
Access may be required to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be sufficient to accommodate the intended use. Construction of pervious roadways (crushed stone, gravel, etc.) is preferred. At all times road construction shall minimize ground disturbance and vegetation cutting to within the bottom of fill, the top of cut, 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.
All telecommunications towers and accessory facilities and guy anchors, if applicable, shall be enclosed by a fence not less than six feet in height or otherwise sufficiently protected from trespassing and vandalism.
Radio frequency effects. It is recognized that the Telecommunications Act of 1996, Public Law 104-104, Section 704, prohibits the regulation of cellular and personal communications towers based on the environmental effects of radio frequency emissions where those emissions comply with the FCC standards for those emissions. Communication antennas must be operated only at FCC-designated frequencies and power levels.
The owner, operator or carrier located on a telecommunication tower located within the Town of Elbridge shall submit certification on an annual basis, signed by a New-York-State-licensed professional engineer, verify that such facility is in compliance with all applicable federal, state and local radio frequency radiation (RFR) emission standards. Such annual certification shall be delivered to the Town Codes Enforcement Officer during the month of December of each calendar year. This requirement shall be considered an implied condition to any site plan, special permit and/or variance granted for such facility.
§ 265-55 Removal of facilities and bond.
Any applicant installing a telecommunications tower, antennas and/or accessory facility within the Town shall remove any and all such structures immediately upon the discontinuance of use shall reasonably restore the site and shall incur all expenses therefor.
As security for the performance of the requirements set forth above, the applicant shall, upon the granting of approval under this section and prior to the installation of any facilities, execute and file with the Town Clerk of the Town of Elbridge a bond or other undertaking which shall be approved as to form, manner of execution and sufficiency for surety by the Town Board and shall be with a rated surety corporation. Such bond or undertaking shall be conditioned upon the faithful performance of the provisions of Subsection A above and in the event of default the bond or undertaking shall be forfeited to the Town of Elbridge which shall be entitled to maintain an action thereon. The bond or undertaking shall remain in full force and effect until the removal of the telecommunications tower, antennas and/or accessory facilities and site restoration. The value of the bond shall be equal to the cost of demolition and restoration of the site.
§ 265-56 Applicant build-out plan.
As part of any application in accordance with this section, the applicant shall submit to the Board of Appeals a build-out plan setting forth the applicant's current facilities within the Town together with the applicant's intentions for additional facilities within the Town for the ensuing 24 months and shall also certify whether any and all existing facilities of the applicant are in active use and are necessary for its telecommunications operations.
The aforesaid build-out plan shall include a statement as to how the proposed facility will supplement, detract or coordinate with existing telecommunications towers in the Town and contiguous jurisdiction; any changes proposed within the following twenty-four-month period, including a build-out plan for new locations and the discontinuance or relocation of existing facilities.
A similar build-out plan and certification of use of existing facilities shall be thereafter submitted by such applicant on or before January 31 of each year, as well as upon any further application for any additional facilities.
§ 265-57 Exceptions.
The provisions of this section shall not apply to the following:
Military and government radar antennas and associated communication towers for navigational purposes as regulated by 47 CFR 87;
Radio transceivers normally hand-held or installed, in a vehicle, such as an automobile, truck, trailer, or watercraft;
Radio frequency machine which is designed and marketed as a consumer product, such as a microwave oven and radio control toys;
Lawful or approved uses existing prior to the effective date of these regulations, including the repair and maintenance of existing communications towers and antennas;
Antennas used solely for residential household television and radio reception;
Satellite antennas one meter or less in diameter and building mounted in nonresidential districts and ground-mounted in residential districts; and
§ 265-58 Waivers.
In approving a special use permit, the Board of Appeals may waive any of the provisions of the above requirements when it finds that doing so will have no detrimental impact on surrounding properties or on the public health, safety and welfare and that such waiver is in keeping with the purposes herein set forth.
§ 265-59 State Environmental Quality Review.
The Board of Appeals is hereby declared lead agency in all applications submitted hereunder and the environmental impact statement (EIS), either long or short form at the discretion of the Board of Appeals, shall be prepared and submitted at or within 30 days of the application for the special permit.