Fayetteville City Zoning Code
ARTICLE IX
Communications Towers
§ 187-60 Purpose and goals.
A.
The purpose of this article is to establish guidelines and procedures for the siting of wireless communications towers, antennas and related structures.
B.
The goals of this article are to:
(1)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse aesthetic impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(2)
Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(3)
Avoid potential damage to person and property from tower failure through engineering and careful siting of tower and other structures; and
(4)
Minimize the total number of towers throughout the community.
§ 187-61 Review authority.
The Planning Board shall review and approve, approve with modifications or disapprove applications for special permits for antennas and/or towers requiring same under this chapter. Special permit applications shall be submitted to and reviewed by the Planning Board pursuant to the special permit procedures set forth elsewhere in this chapter as supplemented by the additional criteria and requirements of this article. The Planning Board may impose conditions and/or restrictions to such permits to accommodate the requirements of this chapter.
§ 187-62 Exempt antennas or towers.
A.
The Village Board of Trustees may establish and periodically amend by resolution a schedule describing certain types of towers or antennas that shall be exempted from any or all special permit requirements set forth in this article.
(1)
Any schedule of exempt antennas and/or towers established pursuant to this section shall not apply to any antenna or towers referred to in this section until 45 business days, excluding legal holidays, after:
(2)
Within 10 business days, excluding legal holidays, after adoption of such schedule of exempts antenna and/or towers by the Village Board, such schedule shall:
B.
The following are exempt antennas and towers:
(1)
Tower. Any tower extending no more than 10 feet above the highest building on the premises designed and used for no more than one of the types of exempt antennas referred to in this subsection.
(2)
Antennas. Any antennas extending no more than 10 feet above the highest building on the premises designed and used only for noncommercial purposes and only for the reception of the following types of signals that are not retransmitted off of the premises upon which the antenna is located:
§ 187-63 Expenses.
A.
Expert assistance. The Planning Board may require the assistance of a qualified professional engineer, electrical engineer and/or other expert to assess the issues and standards relevant to permits sought pursuant to this article. The cost for same shall be borne by the applicant pursuant to the procedures set forth in this chapter.
§ 187-64 Factors considered in granting special use permits for towers.
In addition to the criteria and standards set forth in that section of this chapter pertaining to special permits generally, the Planning Board shall consider the following in determining whether or not a special permit shall issue:
A.
General.
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and
(7)
Proposed ingress and egress.
B.
Availability of suitable existing or approved towers or alternate tower structures.
C.
Compliance with all other requirements of this chapter.
§ 187-65 Inventory of existing sites.
Each applicant shall provide to the Codes Enforcement Officer an inventory of its existing or approved towers, antennas, or alternate tower structures that are either within the Village or within one mile of its borders, including specific information about the location, height and design of each tower.
§ 187-66 Collocation requirements.
A.
No new tower or structure shall be permitted unless the applicant demonstrates that no existing or approved tower, alternate tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. Evidence of this may consist of, but is not limited to, any of the following:
(1)
Existing or approved towers or alternate tower structure are not of sufficient height to meet applicant's engineering requirements.
(2)
Existing or approved towers or alternate tower structure do not have sufficient structural strength to support the proposed antenna and related equipment.
(3)
The proposed antenna would cause electromagnetic interference with the antenna on the existing towers or alternate tower structures, or vice versa.
(4)
Fees, costs, or contractual provisions required to share an existing tower or alternate tower structure or to adapt an existing tower or alternate tower structure are unreasonable.
(5)
The applicant demonstrates that there are other limiting factors that render existing towers or alternate tower structures unsuitable.
(6)
The applicant demonstrates that an alternative technology that does not require the use of towers or alternate tower structures is not reasonably attainable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
B.
The applicant shall submit information requested by the Planning Board related to the availability of suitable existing or approved towers, alternate tower structures or alternative technology.
C.
Any communications antenna permit issued pursuant to this chapter shall contain the following conditions which shall be binding upon the applicant and its successors in interest:
(1)
The applicant shall negotiate in good faith for and allow shared use of the proposed tower by others for reasonable consideration and upon reasonable conditions.
(2)
Upon request, the applicant shall timely provide technical information and leasing terms relevant to leasing space for mounting of an approved antenna to the Village or a potential shared-use tenant.
(3)
The applicant shall impose no more than a reasonable charge for shared use, based upon generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs (including taxes), site design, construction and maintenance financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to reasonably accommodate a shared user over a reasonable lease term.
(4)
The applicant shall remove the tower, antennas and associated facilities upon cessation of operations at the site and will provide a similar commitment as part of any lease agreement to the owner of the premises upon which the tower, antennas and associated facilities are located.
D.
In order to keep neighboring municipalities informed and to facilitate the identification of suitable existing structures in a neighboring municipality:
(1)
The applicant shall give notice to the Town of Manlius Code Enforcement Officer and the Syracuse Onondaga County Planning Agency. Such notice shall include a copy of the application and any accompanying drawings, the location of the proposed tower, a general description of the project, the height of the tower and its capacity for future shared use.
(2)
Proof of such notice shall be submitted to the Planning Board with the application.
§ 187-67 Maximum height.
The height of any tower, antenna or alternate tower structure shall not exceed the minimum required to achieve the objective, but in no event more than 110 feet above the ground on which the antenna is placed.
§ 187-68 Setbacks from property lines.
A.
Lot size. For purposes of determining whether the installation of a tower, antenna or alternate tower structure meets applicable requirements, the dimensions of the entire premises shall control even though the improvements may be located on leased parcels within such premises.
B.
Setback requirements:
(1)
Towers must be set back from all property lines a distance equal to at least 100% of the height of the tower.
(2)
Accessory structures must satisfy the applicable minimum zoning district setback requirements.
(3)
The Planning Board may reduce the setback requirements imposed by this section for structures other than towers to allow the integration of an antenna into an existing or proposed structure such as a church steeple, light pole, power line or similar structure.
§ 187-69 Aesthetics.
A.
Towers and antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
B.
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
C.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
D.
Security fencing. Towers and accessory structures shall be enclosed by locked security fencing not less than six feet in height and the tower shall also be equipped with appropriate anticlimbing devices.
E.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special permit is required.
(1)
Towers and accessory structures shall be landscaped with a buffer of plant materials that effectively screens the view of the tower and accessory structures from residential properties. The standard buffer shall consist of a landscaped strip at least eight feet wide outside the perimeter of the towers and accessory structures.
(2)
Existing tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
§ 187-70 Accessory structures.
A.
All accessory structures:
(1)
Shall be located in a rear or side yard;
(2)
Shall be no greater than eight feet in height or 120 square feet of gross floor area;
(3)
Shall be located a minimum of 15 feet from all lot lines or in accord with applicable setback requirements, whichever is greater;
(4)
Shall be screened by an evergreen hedge or other suitable visual screen with an ultimate height of at least eight feet.
B.
Modification of building size requirements. The requirements for accessory structures set forth in this section may be modified by the Planning Board to encourage collocation.
C.
Lighting. Towers and structure shall be artificially lighted only to the extent required by the Federal Aviation Administration or other applicable law or regulation. To the extent permissible such lighting shall be designed to cause the least disturbance to the surrounding views.
D.
Signs. No signs shall be allowed on an antenna or tower, except as required by law.
§ 187-71 Tower structural requirements.
A.
No permanent platforms or other additions, other than antenna, that increase off-site visibility are permitted.
B.
The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no larger than the base.
C.
All utility connections to the tower shall be installed beneath the ground surface.
D.
Any proposed structure shall be designed to accommodate the applicant's proposed antennas and comparable antennas for the maximum number of users feasible but in no case for less than one other user.
E.
Where feasible, structures should be designed to allow for future rearrangement of antennas upon the structure and to accept antennas mounted at varying heights.
§ 187-72 Performance standards.
A.
Compliance with other laws. All towers and antenna must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of New York State or the federal government with the authority to regulate towers and antennas.
(1)
The applicant shall submit evidence of compliance with applicable state, federal or other standards for tower or antenna construction prior to issuance of a certificate of occupancy. Certification to same by a licensed professional engineer shall be deemed sufficient.
(2)
The operator of every antenna or tower shall submit to the Code Enforcement Officer copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna or tower and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
B.
Construction code and safety standards. All towers and antennas shall be constructed and maintained in compliance with applicable state and federal law and regulations as well as applicable sections of the National Electrical Code as amended from time to time.
(1)
If a tower fails to comply with such standards and constitutes a danger to persons or property then, upon notice being provided by the Codes Enforcement Officer to the owner of the premises upon which the tower in situated, the owner of the premises shall bring such tower into compliance with such standards within 60 days from delivery of such notice to the owner.
(2)
In the event the owner fails to bring such tower into compliance within said 60 days the Village may cause the removal of the tower or antenna at the expense of the owner of the premises.
C.
The reasonable costs of verification of compliance with this section incurred by the Village or its agencies shall be borne by the owner of the premises upon which the tower is located.
§ 187-73 Removal of abandoned antennas and towers.
A.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment.
B.
A copy of the relevant portions of a signed lease which requires the applicant to remove the tower, antennas and associated facilities upon cessation of operations at the site shall be submitted at the time of the application.
C.
In the event the owner fails to remove an abandoned antenna or tower within said 90 days the Village may cause the removal of the tower or antenna at the expense of the owner of the premises.
D.
Bond. Prior to issuance of the special permit, the applicant shall cause to be issued to the Village a bond in an amount determined by the Planning Board to cover the estimated costs of removal of the proposed tower and/or antenna. Such bond shall be maintained continuously in effect as a condition of the special permit.
(1)
The bond shall provide that the surety shall pay to the Village such amount, up to the face value of the bond, as the Village incurs in removing any tower or antenna pursuant to the terms of the article.
(2)
Alternative arrangements employing cash deposits or letters of credit issued by a commercial bank may be employed if found to constitute equivalent security by the Planning Board.
(3)
The amount of the bond may be reviewed and modified by the Planning Board, after three years from its last amendment, to reflect changes in the estimated costs of removal of the proposed tower and/or antenna.