Geddes City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 240-40 Yards.
Required yards shall be open and unobstructed except as noted below:
A.
Any enclosed porch or an unenclosed porch having a solid foundation and capable of being enclosed shall be treated as part of the principal building for determining the location of the required yards or for the calculation of lot coverage.
B.
Decks more than one foot above grade shall be treated as part of the principal building for determining the location of the required yards or for the calculation of lot coverage.
C.
Eaves with an overhang of not more than two feet, rainwater leaders, windowsills, open steps, bay windows (not more than 12 feet wide, at one floor level only and for a distance not to exceed two feet) and other such similar fixtures may extend into any required yard.
D.
Fences and uncovered patios at ground level may be erected or constructed anyplace on a lot without regard to yard requirements, provided that fences comply with the applicable requirements of § 240-42 of this chapter.
E.
Campers, motor homes, recreational vehicles, snowmobiles, boats and similar recreation-oriented vehicles may not be parked or stored out-of-doors in the required front yard in a residential use district, except in the established driveway. In addition, such vehicles may not be parked within five feet of any side or rear lot line.
F.
Parking spaces may be located in a rear or side yard but may not, other than by Town Board approval for a single-family dwelling containing a home occupation or a residential office, be located in the required front yard of any lot used for residential purposes or in the required front yard of a lot situated within a residential district. Likewise, parking spaces shall be subject to the previously mentioned prohibitions within the required side yard contiguous to the side street of a corner lot.
G.
Loading spaces may be located in a rear or side yard but may not be located in the required front yard of a lot located within a residential district. Likewise, loading spaces shall be prohibited within the required side yard contiguous to the side street of a corner lot located within a residential district.
H.
Driveways for access to parking and loading spaces may be located in any yard, provided that the driveway is not designed specifically to accommodate a parking or loading space(s) in conjunction with and in addition to the driveway, and further, provided, that the location of the driveway complies with other applicable requirements of this chapter.
I.
Accessory structures such as flagpoles, lampposts, bird feeders and lawn ornaments may be located in any yard except as otherwise prohibited in this chapter or in other Town laws.
§ 240-41 Transition requirements for adjacent residential-commercial lots.
A.
General regulations.
(1)
A landscaped buffer area shall be constructed as a required condition for the issuance of a building permit in commercial or industrial zoning districts where properties abut residential districts, except when a residential use is constructed on the abutting commercially or industrially zoned property.
(2)
The construction and maintenance of the required buffer area shall be the responsibility of the owner of the commercially or industrially zoned property for which a building permit is requested.
(3)
No parking, loading, driveway or structural encroachment shall be permitted within a required buffer area.
B.
Specific requirements.
(1)
Side and rear yard transition. Where a lot in a commercial or industrial zoning district abuts a lot in a residential zoning district, there shall be provided along such abutting lot lines a buffer area of 10 feet. This buffer area shall be screened with either a wall, solid fence or a fence and evergreens installed at a height of at least four feet and maintained to a height of six feet above grade level. Such screening devices shall be placed so they do not project into adjoining properties, except trees above seven feet in height. All screening devices and plantings shall be maintained in a sound and safe condition at all times. Plantings, except trees, shall not exceed 2 1/2 feet in height if placed within 10 feet of the front lot line (see § 240-42 for further requirements).
§ 240-42 Screening devices/fences.
A.
Permit. No screening device/fence, except natural vegetation, shall be installed prior to the issuance of a building permit by the Code Enforcement Officer.
B.
Height and location.
(1)
Front yard. Screening devices permitted within required front yards may not exceed four feet in height and shall be of an open design, such as chain link, ornamental iron, rail and picket, with a uniform ratio of space to fence material of at least one to one. Opaque fences, such as basket-weave or stockade, are prohibited within the required front yard. On corner lots, that portion of a lot contiguous to a public right-of-way shall be considered as front yard area for the purpose of applying the regulations herein.
(2)
Side and rear yards. No fence or wall shall exceed six feet in height within required side and/or rear yards.
(3)
Within commercial or industrial districts only, screening devices may be up to eight feet in height in side and rear yards.
C.
Electrified and barbed wire security screening devices/fences.
[Amended 8-8-2017 by L.L. No. 5-2017]
(1)
Security screening devices/fences:
(2)
Electrified security screening device/fence:
(a)
An electrified security screening device/fence (ESF) is a fence through which an electric current is capable of being passed, giving an electric shock to any person or animal touching it.
(b)
All ESF shall require a building permit and an approval of a special permit application by the Zoning Board of Appeals (ZBA) approval.
(c)
No ESF shall be erected, installed, used, or maintained or caused to be erected, installed, used, or maintained in residential zoned areas.
(d)
The construction and use of ESF and nonelectrified perimeter security screening device/fence (NEPF) shall be permitted in the Town of Geddes only if the following provisions have been met and approved by the ZBA:
[1]
General:
[a]
An ESF should be installed so that, under normal conditions of operation, persons are protected from inadvertent contact with ESF.
[b]
This requirement is primarily intended to establish that an ESF is maintained within a NEPF.
[c]
When selecting the type of NEPF, the likely presence of young children should be a factor in considering the size of the openings.
[2]
International Electronic Commission Standard No. 60335-2-76: Particular Requirements for ESF Energizers are as follows:
[a]
Unless otherwise specified herein, ESF shall be constructed and/or installed in conformance with the specifications set forth in the IEC Standard No. 60335-2-76 (IEC).
[3]
[4]
Permitted zones of use:
[a]
ESF shall only be permitted in industrial zoned areas within the Town of Geddes.
[5]
Electrified security fence conditions of use:
[a]
An ESF shall not be permitted without a NEPF.
[b]
As stated above, the construction and installation of an ESF shall meet the specifications of the IEC.
[i]
Additionally, the ESF shall be at least 10 feet high or two feet higher than the NEPF, whichever is higher.
[c]
Warning signs:
[i]
Warning signs shall be affixed directly to both sides of the ESF, approximately four feet from the ground.
[ii]
Warning signs shall be a minimum of 5 1/2 inches by nine inches and include the words "CAUTION" in bolded all capital letters and "Electrical Fence" in bolded black letters.
[iii]
Warning signs shall be affixed to ESF either in compliance with the IEC or every 30 feet, whichever is less.
[d]
Special permit.
[i]
This ESF shall require a special permit issued by the ZBA prior to installation.
[e]
Gate:
[i]
Proper gating to allow the passage through the NEPF and the ESF that will provide security and safety in accordance with IEC.
[ii]
Every gate shall have a warning sign affixed to both sides, approximately four feet from the ground.
[iii]
Warning signs shall be a minimum of 5 1/2 inches by nine inches and include the words "CAUTION" in bolded all capital letters and "Electrical Fence" in bolded black letters.
[f]
Emergency access:
[i]
An emergency Knox Box or any other similarly approved device [e.g., Rapid Emergency Access Control Transmitter (REACT) System] must be installed at every gate providing access to a property secured by an ESF to allow fire department, police department, and/or any other emergency responder access.
[ii]
In the event that emergency access by emergency responders (e.g., Police Department, Fire Department, etc.) to a property where a permitted ESF has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similarly approved device is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the ESF, emergency responding personnel shall be authorized to disable the ESF in order to gain access to the property. As a condition of special use permit issuance, all applicants issued special use permits to install or use an ESF as provided herein agree to waive any and all claims for damages to the ESF against emergency responding units and/or personnel under such circumstances.
[g]
Inspection:
[i]
ESF and all components of the ESF shall be inspected annually.
[ii]
The property owner shall cover all costs of inspection.
[iii]
The inspection shall be conducted by a certified electrical inspector or an inspector of ESFs.
[iv]
There shall be an inspection service tag on display, affixed to the ESF control panel and all gates.
[A]
This inspection service tag will show;
{1} | Inspector name, number and company name; |
{2} | Date; |
{3} | ESF's compliance or noncompliance with regulations pursuant to either IEC or regulations of ESFs approved by the ZBA; and |
{4} | If ESF is not in compliance, list what is not in compliance. |
[v]
If ESF does not pass inspection, then the ESF will be de-energized and the inspector shall notify the ZBA and the fence owner of the de-energization and at the time of the de-energization.
[A]
The ESF shall not be re-energized without the ZBA approval.
{1} | Approval by ZBA requires proof of compliance of ESF regulations. |
[6]
Nonelectrified perimeter screening device/fence:
[a]
A nonelectrified perimeter screening device/fence is a barrier or upright structure, enclosing an area within which there is an approved ESF to mark a boundary, control access, protect the general public and prevent trespassing.
[b]
[c]
Warning signs:
[i]
Warning signs shall be affixed on the outside surface of the NEPF, approximately four feet from the ground.
[ii]
Warning signs shall be a minimum of seven inches by 10 inches and include the words "DANGER" in bolded all capital red letters and "Electrical Fence" in bolded black letters.
[iii]
These warning signs shall be affixed either in compliance with the IEC or every 50 feet, whichever is less.
[d]
Special permit:
[i]
The request or proposal to use a NEPF is a mandatory component of the special permit application to the ZBA for an ESF.
[e]
Gate:
[i]
Proper gating to allow the passage through the NEPF and the ESF that will provide security and safety in accordance with IEC.
[ii]
Every gate shall have a warning sign affixed to both sides, approximately four feet from the ground.
[iii]
Warning signs shall be a minimum of 5 1/2 inches by nine inches and include the words "CAUTION" in bolded all capital letters and "Electrical Fence" in bolded black letters.
[f]
Emergency access:
[i]
An emergency Knox Box or any other similarly approved device [e.g., Rapid Emergency Access Control Transmitter (REACT) System] must be installed at every gate providing access to a property secured by an ESF to allow fire department, police department, and/or any other emergency responder access.
[ii]
In the event that emergency access by emergency responders (e.g., Police Department, Fire Department, etc.) to a property where a permitted ESF has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similarly approved device is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the ESF, emergency responding personnel shall be authorized to disable the ESF in order to gain access to the property. As a condition of special use permit issuance, all applicants issued special use permits to install or use an ESF as provided herein agree to waive any and all claims for damages to the ESF against emergency responding units and/or personnel under such circumstances.
[g]
Inspection:
[i]
NEPF and all components of the NEPF shall be inspected annually.
[ii]
The property owner shall cover all costs of inspection.
[iii]
The inspection shall be conducted by a certified electrical inspector or an inspector of ESFs.
[iv]
There shall be an inspection service tag on display, affixed to the NEPF at all gates.
[A]
This inspection service tag will show;
{1} | Inspector name, number and company name; |
{2} | Date; |
{3} | NEPF compliance or noncompliance with regulations pursuant to either IEC or regulations of ESFs approved by ZBA; and |
{4} | If NEPF is not in compliance, list of what is not in compliance. |
[v]
If NEPF does not pass inspection then the ESF will be de-energized and the inspector shall notify the town and the fence owner of the de-energization and at the time of the de-energization;
[A]
The ESF shall not be re-energized without the ZBA approval.
{1} | Approval by ZBA requires proof of compliance of ESF regulations. |
(3)
Barbed wire security fence.
(a)
A barbed wire security fence (BWSF) is a fence with a minimum eight-foot-high chain link fencing surmounted by barbed wire arms or other application approved by the ZBA with a wire or strands of wires having small pieces of sharply pointed wire twisted around it at short intervals either coiled or in rows affixed to the barbed wire arms.
(b)
The top of the BWSF shall not be less than 10 feet above the highest adjoining grade on either side of such fence.
(c)
No BWSF shall have a strand of barbed wire less than eight feet above the highest adjoining grade on either side of such fence.
(d)
All BWSF shall require a special use permit issued by the ZBA.
(e)
No BWSF shall be erected, installed, used, or maintained or caused to be erected, installed, used, or maintained in residential zoned areas.
(f)
The construction and use of BWSF shall be permitted in the Town of Geddes only if the following provisions have been met and approved by the ZBA;
[1]
General:
[a]
A BWSF should be installed so that, under normal conditions of operation, persons are protected from inadvertent contact with the barbs of a BWSF.
[2]
Permitted zones:
[a]
Industrial zoned land within the Town of Geddes may permit a BWSF to be erected, installed, used and maintained, subject to the approval by the ZBA.
[3]
Inspection:
[a]
BWSF and all components of the BWSF shall be inspected annually.
[b]
The property owner shall cover all costs of inspection.
[c]
The inspection shall be conducted by a certified BWSF inspector or an inspector of security fences.
[d]
There shall be an inspection service tag on display, affixed to the BWSF at all gates.
[i]
This inspection service tag will show;
[e]
If BWSF does not pass inspection then the Town of Geddes and owner of the BWSF shall be put on notice of noncompliance.
(g)
Where barbed wire is erected, installed, used or maintained in accordance with this subsection, it shall not extend over or into any abutting property or public right-of-way and shall, in all cases, either extend in toward the owner's side of such fence or directly vertical, subject to approval by the Town of Geddes.
(4)
Additional provisions.
(a)
Hold-harmless agreement:
[1]
Prior to approval of the installation of an ESF, NEPF or BWSF, the property owner shall be required to provide the Town of Geddes with a hold-harmless agreement. This agreement shall pass with the land for as long as the ESF, NEPF or BWSF exists on the property.
(b)
Indemnity agreement:
[1]
Prior to approval of the installation of an ESF, NEPF or BWSF, the property owner shall be required to provide the Town of Geddes with an indemnity agreement. This agreement shall pass with the land for as long as the ESF, NEPF or BWSF exists on the property.
(c)
Insurance:
[1]
Prior to the approval of any request to install an ESF, NEPF or BWSF within the Town of Geddes, and at all times that the special use permit is in force and effect, the owner of the ESF or BWSF and the property owner(s), if different, shall provide to the Town of Geddes a certificate of commercial general liability insurance covering third party liability risks in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage insurance with the Town, and its elected and appointed officers, officials, and employees, named as additional insureds on the policy or policies. Failure to maintain coverage as required by this subsection shall be the basis for the revocation of the special use permit.
(d)
Violations:
[1]
If the Town is notified of a ESF, NEPF, or BWSF (fence) not in compliance of regulations after inspection then:
[a]
The owner will have 45 calendar days to comply with regulations.
[b]
If, after the forty-five-calendar-day period, the fence does not comply with the regulations, the owner shall be fined $100 per calendar day of noncompliance until either the owner has proof of compliance and has paid the fine or 180 calendar days has passed since initial notice to ZBA of noncompliance, at which point the fine will increase to $200 per calendar day to either produce proof to Town of compliance or proof that the entire fence has been completely deconstructed and dismantled at an additional expense to the property owner.
[c]
After one calendar year passes since the initial date of noncompliance the Town shall have the option to take down the noncompliant fence at the owner's expense.
(e)
It shall be unlawful for any person to install, maintain or operate an ESF and/or BWSF in violation of this section.
D.
Placement and maintenance.
(1)
Screening devices shall be placed and maintained so that they do not project into adjoining properties and so they do not infringe upon any public right-of-way.
(2)
All screening devices and plantings shall be maintained in a sound, safe and orderly condition at all times.
(3)
All portions of a lot enclosed by a screening device shall be made accessible for fire-fighting purposes.
(4)
The finished side of a fence shall face the adjoining landowner. The support side of the fence shall face the owner or installer of the fence.
[Added 5-14-1991 by L.L. No. 4-1991]
E.
Nonconforming screening devices. Where a lawful screening device exists at the effective date of adoption or amendment of this chapter that could not be constructed under the terms contained herein because of its height, visibility characteristics, location or any other requirement concerning said screening device, such screening device may be maintained so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such screening device may be enlarged or altered in a way which increases its nonconformity, but any such screening device or portion thereof may be altered to decrease its nonconformity.
(2)
Where a screening device is damaged due to any cause, including deterioration due to the elements, or is declared unsafe, and the cost of restoration or correction exceeds 50% of the replacement cost of the entire screening device, then the screening device shall not be corrected and restored except in compliance with the provisions of this section.
(3)
Should such a screening device or portion thereof be relocated within a lot, that portion which is relocated shall be subject to the provisions of this section.
§ 240-43 Outdoor illumination.
No illumination shall cause direct light rays to cross any property line. All outdoor floodlight sources such as are used for, but not limited to, athletic fields, courts, swimming pools, parking lots, security and building floodlighting shall be steady, stationary, shielded sources directed so as to avoid causing a hazard to motorists and pedestrians or causing direct light rays to fall on neighboring properties. The marginal increase in light, as measured at any property line other than a street line, shall not exceed one footcandle in intensity.
§ 240-44 Satellite receiving antennas.
A.
Intent. The purpose of these regulations is to establish standards and criteria to avoid adverse aesthetic and safety impacts of satellite receiving antennas in order to preserve and protect the visual qualities and general welfare of the Town of Geddes.
B.
A satellite receiving antenna shall be considered an accessory structure and subject to the issuance of a building permit before installation or construction on a lot.
C.
No building permit for a satellite receiving antenna shall be issued without the written permission of the Code Enforcement Officer.
D.
A satellite receiving antenna shall meet the following minimum restrictions before being approved by the Code Enforcement Officer:
(1)
No freestanding satellite receiving antenna shall exceed 10 feet in diameter.
(2)
No satellite receiving antenna attached to a roof shall exceed four feet in diameter, and it shall not rise above the highest point of the roof of the structure.
(3)
A freestanding satellite receiving antenna shall be located in the rear yard only and shall be screened from view from any public right-of-way. The bottom of a freestanding receiving antenna dish shall not be more than three feet above grade level measured vertically.
(4)
Only one satellite receiving antenna shall be located on a lot.
(5)
No portion of a satellite receiving antenna shall be closer to a lot line than five feet.
(6)
For nonresidential uses, no freestanding satellite receiving antenna shall be located in any required parking, loading or buffer area.
E.
The application for a building permit for a satellite receiving antenna shall include a dimensioned site plan depicting structures on the property, the location of the antenna and the location of any required screening or fencing. In addition, construction drawings showing the proposed method of installation shall be included.
§ 240-44.1 Commercial mobile service facilities.
[Added 6-11-2002 by L.L. No. 3-2002]
No commercial mobile service facility shall hereafter be located, constructed, erected, changed, altered, used or added to except in conformity with the following provisions.
A.
Findings.
(1)
While the federal government has regulated the commercial mobile service industry, it has reserved to local governments the power to regulate such uses with regard to placement, construction, and other related issues.
(2)
Local governments may not exclude such uses or unreasonably discriminate among providers of functionally equivalent services.
(3)
According to federal law, local governments may not regulate such uses on the basis of radio frequency radiation (rfr).
(4)
The technology underlying commercial mobile service requires that transmitting facilities be located in proximity to one another, as low-frequency signals are passed from one service cell to another, in relay fashion.
(5)
The Town has an interest in minimizing the number of towers that are located within its borders.
(6)
The installation of tower structures can have an aesthetically detrimental impact upon surrounding properties, especially in residential areas.
(7)
In many cases, antennas mounted on existing structures can provide the same level of commercial mobile service with minimal or no aesthetic impacts upon neighboring uses.
(8)
Where the construction of new towers is necessary in order to provide commercial mobile services, often it is possible to house more than one such provider on a given structure, thus reducing the proliferation of new tower construction.
B.
Purpose. The Town acknowledges the need, demand and national policy supporting the availability of commercial mobile services to the public. At the same time, the Town recognizes the valid concerns and interests its residents have in the aesthetic enjoyment of their homes and properties. The purpose of these provisions relating to commercial mobile services is to provide for the health, safety and welfare of the residents of the Town, to encourage the location of commercial mobile service towers, to the extent they are needed, in nonresidential areas of the Town, to encourage the shared use of existing and new towers as a means of reducing the overall need for towers in the Town, to minimize the adverse impacts of commercial mobile service facilities located in the Town, and to balance the sometimes competing needs of such uses and their neighbors while at the same time accommodating the public interest in and demand for such services. This section is intended to comply with the Federal Telecommunications Act of 1996.
C.
Approvals required for commercial mobile service facilities.
D.
General guidelines and requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such lot and building requirements, the dimensions of the entire lot shall control, even though such antenna or tower may be located on leased parcels within such lots.
(2)
Expansion of preexisting nonconforming uses. Towers that are constructed and antennas that are installed in accordance with these provisions shall not be deemed to constitute the expansion of a nonconforming use or structure.
(3)
Compliance with other laws.
(a)
All commercial mobile service facilities must meet or exceed all applicable federal, state and local laws, rules and regulations, including, but not limited to, any rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended, at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations within six months of the effective date of such changes or amendments, unless a more restrictive compliance schedule is mandated by the controlling agency, in which case the more restrictive compliance schedule will apply.
(b)
The operator of any commercial mobile service facility sited within the Town of Geddes shall submit certification on an annual basis, signed by a New York State licensed professional engineer, verifying 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 Code 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 use variance granted for such facilities.
(4)
Compliance with building codes. The owner of any commercial mobile service facility shall locate, construct, erect, use and maintain such facility in accordance with all applicable building codes.
(5)
Height restrictions. The building height restrictions otherwise applicable in the zoning use district in which a commercial mobile service facility is located shall not apply to facilities approved in accordance with these regulations. When measuring structure height in connection with antennas on existing structures, height shall be measured from the mean elevation, at finished grade, to the highest point of the existing structure. When measuring antenna height in connection with antennas mounted on existing structures, such height shall be measured from the point of such existing structure at which the antenna is mounted to the highest point of the antenna.
(6)
Maximum tower height. In no event shall any tower exceed a height of 250 feet. Tower height shall be measured from the average elevation at grade level to the highest point of the tower structure, including all antennas and accessory equipment attached thereto.
(7)
Tower inspections. Towers shall be inspected annually on behalf of the tower owner by a licensed professional engineer for structural integrity and continued compliance with these regulations. A copy of such inspection report, including findings and conclusions, shall be submitted to the Town Code Enforcement Officer no later than December 31 of each calendar year.
(8)
Tower design preference. Whenever feasible, tower construction shall be of a monopole design.
(9)
Maintenance and repair; hours. All commercial mobile service facilities shall be maintained in good order and repair. Routine maintenance and repair shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except for emergency repairs which may be undertaken at any time with prior notice to the Town Code Enforcement Officer.
(10)
Existing structures. By way of illustration, existing structures, as referred to in these regulations governing the siting of commercial mobile service facilities, shall include but not be limited to signs, church spires, belfries, cupolas, domes, monuments, water towers, preexisting tower structures, windmills, chimneys, smokestacks, buildings, utility towers, clock towers, silos, barns or other agricultural buildings, steeples, radio or television towers and commercial parking lot light poles.
(11)
Restriction, multiple towers. No more than one tower may be permitted on any parcel of land.
(12)
Tower separation. A minimum radius of 2,000 feet must be maintained between any proposed tower and any existing tower, whether located in the Town of Geddes or in any adjacent municipality.
E.
Aesthetics and design standards.
(1)
Fencing. The base of any tower and anchors on guyed towers shall be surrounded by an opaque security fence, eight feet in height. Such fence shall enclose the base of the tower as well as any and all accessory equipment and structures used in connection therewith.
(2)
Landscaping. All commercial mobile service facilities located, installed or constructed at ground level, including towers, tower anchors, accessory structures to towers or antennas or fencing surrounding such uses, shall be visually screened from adjoining residential properties and public rights-of-way by one row of native evergreen shrubs or trees capable of forming a continuous hedge of at least 10 feet in height within two years of planting. Additional vegetative screening maybe required, as needed, in order to minimize adverse visual impacts on neighboring properties. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the appropriate site plan or special permit review and approval. Such landscaping shall be preserved, maintained and replaced, as needed.
(3)
Signs. Signs shall not be permitted on commercial mobile service towers, antennas or related accessory facilities except for signs displaying owner contact information and safety instructions. Such signs shall not exceed five square feet in surface area unless otherwise prescribed by the FCC or the FAA.
(4)
Lighting. Commercial mobile service facilities shall not be artificially lighted, unless so required by the FAA. If lighting is so required, the lighting alternatives and design used shall be as mandated by the FAA.
(5)
Utility connections. All utility connections to commercial mobile service facilities shall be installed beneath the ground surface.
(6)
Color.
(a)
Towers. Towers shall either be maintained with a galvanized finish, painted grey or, subject to any FAA restrictions, be painted a neutral color, so as to reduce visual obtrusiveness.
(b)
Antennas. Antennas and accessory equipment installed on existing structures shall be painted a 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.
(c)
Accessory structures located at ground level. Accessory equipment and structures (other than towers) located at ground level shall be painted neutral colors that will blend with their natural surroundings to the maximum extent possible.
(7)
Tower access and parking. A road and parking for one vehicle shall be provided in order to assure adequate emergency and service access. Maximum use of existing roads and drives shall be made, and at all times ground and vegetation disturbance shall be minimized.
(8)
Antennas affixed to the face of existing structures. Antennas affixed to the face of existing structures may not protrude in excess of five feet horizontally between the antenna and the existing structure face.
(9)
Tower collocation. Commercial mobile service towers shall be designed to provide for collocation (use) by at least three providers, or designed so that they can be retrofitted to accommodate at least three providers, unless such collocation is not feasible as demonstrated by competent engineering or technical proof.
(10)
Accessory equipment located on building roofs. Any accessory equipment located on building roofs shall be located so as not to be seen or to minimize visibility from ground level.
(11)
System connections. Where technologically feasible, connections between commercial mobile service facilities and the system of which they are a part shall be made by use of land line cable rather than by parabolic or dish antennas. When such antenna links are technologically necessary, they shall be located, painted and otherwise situated so as to minimize visual impacts. In no case shall the diameter of such an antenna exceed six feet.
(12)
Tower setbacks. Towers shall not be located closer than 200 feet to the nearest residential property line or a distance equal to the height of such tower, whichever is greater. In all other cases, towers shall be set back from adjoining properties a distance equal to at least the height of such tower.
(13)
Visibility. All commercial mobile service facilities shall be sited, located and designed so as to have the least possible practical visual impact on the environment and surroundings.
F.
Factors and considerations in granting special use permits for commercial mobile service facilities. The following factors and considerations shall be considered by the Zoning Board of Appeals in reviewing applications for special use permits related to commercial mobile service facilities in addition to the standards and findings required in Article V.
(1)
The applicant must demonstrate that location of the commercial mobile service facility, as proposed, is necessary to meet the frequency reuse and spacing needs of the applicant's system and to provide adequate service and coverage to the intended area.
(2)
The applicant must demonstrate that all reasonable measures have been taken to minimize the visual impacts of the proposed facilities.
(3)
Additional standards and factors to be considered in reviewing special use permits relating to towers:
(a)
Height of the proposed tower.
(b)
Proximity of the proposed tower to residential structures and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding existing tree coverage and foliage.
(f)
Design of the proposed tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress to site.
(h)
Alternatives analysis. The applicant must demonstrate that there are no available existing structures, towers or alternative technologies that would eliminate or reduce the need for construction of a new tower and that would accommodate the applicant's coverage and service needs. Evidence submitted to demonstrate that no such alternative is reasonably available may consist of the following:
[1]
No existing towers or structures are located within the geographic area (search ring) which meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural strength or space to support applicant's proposed needs.
[4]
The applicant's proposed antenna would cause electromagnetic interference with the existing or planned antennas on the existing towers or structures or that such existing or planned antennas would cause such interference with the applicant's antenna.
[5]
The existing tower or structure owner is unwilling to provide access or the fees, costs or contractual provisions required by the owner of the existing tower or structure in order for the applicant to collocate on such tower or structure are unreasonable. Costs exceeding new tower construction are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
[7]
There is no governmental (federal, state or local) property available to the applicant within the geographic area (search ring) which will meet the applicant's engineering requirements.
G.
Application materials and supporting documentation.
(1)
The following information shall be submitted in support of any application (site plan, special permit, variance) for a commercial mobile service facility. This information is required in addition to any other information or documents required under sections of this chapter pertaining to site plan review, special use permits or variances.
(a)
Full application on forms provided by the Town.
(b)
Environmental assessment form (EAF), including a visual environmental assessment form (VEAF).
(c)
Proof of the site owner's consent, if the applicant is not the owner of the site on which the applicant seeks to locate a commercial mobile service facility.
(d)
A site plan. An applicant seeking approval for siting a commercial mobile service facility shall submit a site plan in conformance with this chapter which, in addition to the items required to be shown thereunder, shall include the following items:
[1]
The exact location of the proposed facility, including any mounting devices, appendages, support structures and accessory equipment, storage cabinets, or other materials used in connection therewith.
[2]
The location of any structures on which such proposed facility is to be constructed, erected or established.
[3]
The maximum height, each, of the proposed facility and any structure on which it is proposed to be affixed.
[4]
The location, type and intensity of any lighting.
[5]
Property boundaries, adjacent uses and zoning classifications.
[6]
Names and addresses of adjacent property owners, as contained in public records.
[7]
Landscaping and screening plan, including existing vegetation.
[8]
Location and nature of utility services and connecting land line.
[9]
Location and nature of access.
[10]
Details showing compliance with these regulations.
(2)
Additional submission requirements for towers:
(a)
Identification and description of any anticlimb device.
(b)
A report from a licensed professional engineer which describes the tower, including its height and design, demonstrates the tower's compliance with applicable structural standards and describes the tower's capacity, including the number and types of antennas it can accommodate.
(c)
A legal description (metes and bounds) of the site on which the tower is proposed to be located.
(d)
The site plan shall also show distances between the proposed tower structure and structures on adjoining properties within 500 feet, together with the names and addresses of all property owners within 500 feet of the boundary of the property on which the tower is proposed, as contained in public records.
(e)
A rendering, to scale, of the proposed tower, including any proposed attachments, accessory equipment, cabinets or other items used in connection therewith, showing measurements.
(f)
As-built drawings, within 30 days after completion of tower construction.
(g)
The make and model of the planned facility.
(h)
The manufacturer's design data pertaining to installation.
(i)
The applicant's maintenance and inspection schedule.
(j)
A safety analysis and certification by a licensed professional engineer that the proposed facility will be in compliance with all applicable FAA and FCC laws and regulations.
(k)
Inventory of existing sites. Each applicant shall provide an inventory of its existing tower sites within the Town regardless of ownership or within one mile of the border thereof, including specific information regarding the height, location and design of each tower facility. The Town may share this information with other applicants without representing or warranting that such sites are available or suitable.
H.
Removal of unused towers, demolition bond. An applicant for a special use permit to construct a commercial mobile service tower shall agree to remove such tower and related facilities if it becomes obsolete or ceases to be used for its intended purpose for a period of 12 months. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Board of Appeals shall require the applicant to provide a demolition bond or other security acceptable to the Town, for the purpose of removing such facilities in case the applicant fails to do so as required above.
I.
Fees.
(1)
An applicant for site plan approval, variance or special use permit for a commercial mobile service facility shall submit fees, as provided in Chapter 100 and established from time to time by resolution of the Town Board, to reimburse the Town for the costs of reviewing such applications.
(2)
The Board of Appeals may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear all reasonable costs associated with such consultation, which shall be assessed as an additional application fee. These additional costs shall be limited to the consultant's review of the site location alternatives analysis and its report to the Board of Appeals.
J.
Exemptions. The following are exempt from the provisions of this section:
(1)
Commercial mobile service facilities located on Town of Geddes property.
(2)
Private, noncommercial television and radio antennas.
(3)
Routine repairs and maintenance of commercial mobile services facilities may be undertaken without restriction, provided that such routine repair and maintenance activity is conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday.
(4)
Law enforcement, fire control, E911 and medical emergency facilities.
(5)
Emergency repairs to commercial mobile service facilities at any time, provided that prior notice is given to the Town Code Enforcement Officer.
K.
Waivers. In approving a site plan or special use permit, the Board of Appeals or the Town Board, as the case may be, may waive any of the provisions of these regulations 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.
L.
Power to impose conditions. In granting any site plan approval or special use permit for a commercial service facility, the Board of Appeals or the Town Board, as the case may be, may impose conditions to the extent that such Board concludes that such conditions are necessary to minimize any adverse effect of the proposed facility on neighboring properties.
§ 240-44.2 Small cell wireless deployment requirements.
[Added 3-14-2023 by L.L. No. 1-2023]
A.
Purpose and intent.
(1)
Purpose.
(a)
The purpose of this section is to regulate the placement of certain wireless communication facilities in the Town. The standards set forth herein are created to provide objective, technically feasible criteria applied in a nondiscriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the Town shall consider when reviewing an application:
[1]
The location of the ground-mounted communication facilities;
[2]
The location of a wireless facility on a pole or other device;
[3]
The appearance and concealment of communication facilities, including those relating to materials used for arranging, screening and landscaping;
[4]
The design and appearance of a wireless support structure, including any height requirements adopted in accordance with this section.
(b)
This section applies to the public ROW but does not restrict the Town's right to regulate communication facilities on non-Town-owned property or outside of the public ROW under the same terms and conditions set forth herein.
(2)
Intent. In enacting this section, the Town is establishing uniform standards to address issues presented by certain wireless facilities, including, without limitation, to:
(a)
Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;
(b)
Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(c)
Prevent interference with existing facilities and operations of facilities presently lawfully located in the right-of-way or public property;
(d)
Ensure efforts are made to preserve the character of neighborhoods in which facilities are installed;
(e)
Protect against environmental damage, including damage to trees and public and private property; and
(f)
Facilitate the appropriate and reasonable deployment of small wireless facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband and 9-1-1 services to homes, businesses and schools within the Town.
B. ADMINISTRATIVE REVIEW ANTENNA APPLICABLE CODES APPLICANT APPLICATION AUTHORITY or TOWN CO-LOCATE COMMUNICATIONS FACILITY COMMUNICATIONS SERVICE COMMUNICATIONS SERVICE PROVIDER DECORATIVE POLE DISCRETIONARY REVIEW ELIGIBLE FACILITIES REQUEST FCC LAWS ORDINARY MAINTENANCE AND REPAIR PERMIT PERMITTEE PERSON POLE PROVIDER PUBLIC RIGHT-OF-WAY or PUBLIC ROW PUBLIC UTILITY EASEMENT REPLACE or REPLACEMENT SMALL WIRELESS FACILITY STATE SUPPORT STRUCTURE TOWER WIRELESS FACILITY WIRELESS INFRASTRUCTURE PROVIDER WIRELESS SERVICES WIRELESS SERVICES PROVIDER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Ministerial review of an application by the Town relating to the review and issuance of a permit, including review by the Code Enforcement Officer to determine whether the issuance of a permit is in conformity with the applicable provisions of this section.
Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted, or incorporated, by the Town.
Any person who submits an application under this section.
A written request, on a form provided by the Town, for a permit.
The Town of Geddes or any agency, subdivision or any instrumentality thereof.
To install or mount a small wireless facility on an existing support structure, an existing tower, or on an existing pole to which a small wireless facility is attached at the time of the application. "Co-location" has a corresponding meaning.
Collectively, the equipment at a fixed location(s) within the public ROW or on public or private property that enables communications services, including: i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and ii) all other equipment associated with any of the foregoing. A communications facility does not include the pole, tower or support structure to which the equipment is attached.
Cable service, as defined in 47 U.S.C. § 522(6); information service or broadband, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services and includes a cable operator, as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic purposes.
Review of an application by the Town Planning Board relating to the review and issuance of a permit that is other than an administrative review.
An eligible facility request as set forth in 47 CFR 1.40001(b)(3),[1] as that section may be amended from time to time.
The Federal Communications Commission of the United States.
Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.
Inspections, testing and/or repair of existing communication facilities that maintain functional capacity, aesthetic and structural integrity of a communications facility and/or the associated support structure, pole or tower, that does not require blocking, damaging or disturbing any portion of the public ROW.
A written authorization (in electronic or hard copy format) to install, at a specified location(s) in the public ROW or at a specific location on public or private property, a communications facility, tower or a pole to support a communications facility.
An applicant who has received a permit under this section.
An individual, corporation, limited-liability company, partnership, association, trust, or other entity or organization, including a governmental entity.
A legally constructed pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the public right-of-way. A pole does not include a tower or support structure.
A communications service provider or a wireless services provider, and includes any person who owns and/or operates within the public ROW any communications facilities, wireless facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers.
The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, and for purposes of this section shall include public utility easements, but only to the extent the Town has to permit use of the area or public utility easement for communications facilities or poles, towers and support structures that support communications facilities. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the Town.
Unless otherwise specified or restricted by the terms of the easement, the area on, below, or above a property in which the property owner has dedicated an easement for use by utilities. "Public utility easement" does not include an easement dedicated solely for the Town's use, or where the proposed use by the provider is inconsistent with the terms of any easement granted to the Town.
In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this section and any other applicable Town regulations, in order to address limitations of the existing structure to structurally support co-location of a communications facility.
A wireless facility that meets both of the following qualifications: i) each antenna could fit within an enclosure of no more than three cubic feet in volume; and ii) all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than 28 cubic feet in volume.
The State of New York.
A freestanding structure other than a pole or a tower to which a wireless facility is attached at the time of the application.
Any structure built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.
The equipment at a fixed location(s) that enables wireless services. The term does not include: i) the support structure, tower or pole on, under, or within which the equipment is located or co-located; or ii) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one type of a wireless facility.
A person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless telecommunications facilities or wireless telecommunications support structures, but that is not a wireless services provider.
Any services provided using wireless telecommunications facilities.
A person who provides wireless services and is authorized to provide such services pursuant to an FCC license.
[1]
Editor's Note: See now 47 CFR 1.6100(b)(3).
C.
Governance of deployment in ROW; access to public ROW.
(1)
Agreement. Prior to installing any communications facility in a public ROW, or any pole built for the sole or primary purpose of supporting a communications facility, or any tower, a person shall enter into a license agreement ("license agreement") with the Town, which shall be filed with the Onondaga County Clerk's office, expressly authorizing use of the public right-of-way for the communications facility, pole or tower proposed to be installed.
(a)
General terms.
[1]
The term of the license agreement shall be annual, which shall renew automatically unless terminated by the Town upon 90 days' written notice.
[2]
The license agreement authorizes the provider's nonexclusive use of the public ROW for the sole purpose of installing, maintaining and operating communications facilities, including any pole built for the sole or primary purpose of supporting the communications facilities and any tower, to provide the services expressly authorized in the license agreement, subject to applicable laws, this section and the terms and conditions of the license agreement. The license agreement authorizes use only of the public ROW in which the Town has an actual interest. It is not a warranty of title or interest in any public ROW, and it does not confer on the provider any interest in any particular location within the public ROW. No other right is granted except as expressly set forth in the license agreement. Nothing herein shall authorize the use of the Town's poles, towers, support structures, or other structures in the public ROW. All use of Town poles, towers, support structures, and other structures in the public ROW shall require the execution of an attachment agreement, and the payment of separate fees for such use.
[3]
The provider shall, at its sole cost and expense, keep and maintain its communications facilities, poles, support structures and towers in the public ROW in a safe condition, and in good order and repair.
[4]
The provider shall keep and maintain liability insurance in the amount of $1,000,000 for each incident and an umbrella policy in the amount of $5,000,000 for each communication facility in a public ROW. The Town shall be named an additional insured on each policy on a primary, noncontributory basis. The provider shall provide the Town with proof of such insurance in a form acceptable to legal counsel for the Town. Each insurance policy shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' written notice prior to the cancellation of the insurance policy. The insurance policies shall be issued by an insurance company licensed to do business in New York State and shall have a Best's rating of at least A.
[5]
The license agreement shall include the name and contact information for the provider to be called in cases of emergencies.
[6]
Licensees using space in ducts, conduits and on poles must comply with the terms of this license agreement, unless expressly exempted by the Town.
[7]
The Town shall have the right to access books and records, including audit rights, of the provider to determine that all applicable fees and payments have been made to the Town.
[8]
The provider shall provide proof to the Town that it has a license or authority from the owner to use an existing pole, tower or support structure in the public ROW for a communications facility.
[9]
The terms and conditions set forth herein are not exclusive, and the Town reserves the right to require additional terms and conditions to the license agreement.
(b)
Public ROW construction and installation requirements.
[1]
ROW permit.
[a]
Unless expressly authorized in this subsection or in writing by the Town, no person may construct, maintain or perform any other work in the public ROW related to communications facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers without first receiving a permit to the extent required under this subsection, and any other permit or authorization required by applicable laws.
[b]
The Town shall not issue a permit unless the applicant, or a provider on whose behalf the applicant is constructing communications facilities, poles or towers, has executed a license agreement required by this subsection, or otherwise has a current and valid franchise with the Town expressly authorizing use of the public ROW for the communications facilities, poles or towers proposed in the application, and all applicable fees have been paid.
[2]
Location of new facilities.
[a]
The provider shall not locate or maintain its communications facilities, poles and towers so as to unreasonably interfere with the use of the public ROW by the Town, by the general public or by other persons authorized to use or be present in or upon the public ROW.
[b]
Aboveground placement of new poles and equipment cabinets shall meet the requirement set forth in this subsection.
[c]
Unless otherwise agreed to in writing by the Town or otherwise required by applicable laws, whenever any existing electric utilities or communications facilities are located underground within a public ROW, the provider with permission to occupy the same portion of the public ROW shall locate its communications facilities underground at its own expense. The Town may, in its sole discretion, approve aboveground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as wireless facilities that cannot, by their nature, operate unless located aboveground, the provider and Town shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW.
[3]
Construction standards. In performing any work in or affecting the public ROW, the provider, and any agent or contractor of the provider, shall comply with the provisions of this subsection and all other applicable laws.
[4]
Restoration requirements.
[a]
The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, poles, towers or work in or adjacent to the public ROW as required in this subsection and all other applicable laws.
[b]
If the provider fails to timely restore, repair or replace the public ROW as required in this subsection, the Town or its contractor may do so, and the provider shall pay the Town's costs and expenses in completing the restoration, repair or replacement.
[5]
Removal, relocation and abandonment.
[a]
Within 60 days following written notice from the Town, the provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its communications facilities, poles, support structures or towers within the public ROW, including relocation of aboveground communications facilities underground (consistent with the provisions of this subsection), whenever the Town has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Town improvement, the operations of the Town in, under or upon the public ROW, or otherwise is in the public interest. The provider shall be responsible to the Town for any damages or penalties it may incur as a result of the provider's failure to remove or relocate communications facilities, poles, support structures or towers as required in this subsection.
[b]
The Town retains the right and privilege to cut or move any communications facility, pole, support structure or tower located within the public ROW, as the Town may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Town shall notify the provider and give the provider an opportunity to move its own facilities prior to cutting or removing the communications facility, pole, support structure or tower. In all cases the Town shall notify the provider after cutting or removing the communications facility, pole, support structure or tower as promptly as reasonably possible.
[c]
A provider shall notify the Town of abandonment of any communications facility, pole, support structure or tower at the time the decision to abandon is made; however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the provider shall remove its communications facility, pole, support structure or tower at the provider's own expense, unless the Town determines, in its sole discretion, that the communications facility, pole, support structure or tower may be abandoned in place. The provider shall remain solely responsible and liable for all of its communications facilities, poles, support structures and towers until they are removed from the public ROW unless the Town agrees, in writing, to take ownership of the abandoned communications facilities, poles, support structures or towers. Upon the issuance of a permit, the provider shall provide a removal bond in the amount estimated for the removal of all of the communication facilities that are the subject of an application, such estimated amount to be determined by the Code Enforcement Officer, after consultation with the Engineer for the Town.
[d]
If the provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its communications facilities, poles, support structures or towers or remove any of its abandoned communications facilities, poles, support structures or towers as required in this subsection, the Town or its contractor may do so, and the provider shall pay all costs and expenses related to such work, including any delay damages or other damages the Town incurs arising from the delay.
[6]
As-builts and maps. Maps showing the location of equipment in ROW and as-builts after construction shall be provided to the Town within 30 days after completion of construction, in conformance to the requirements of the Engineer for the Town.
(2)
Fees and charges.
(a)
Permit application fee. Every applicant for a co-location shall pay a permit application fee of $500 for a single up-front application, which application may include up to five small wireless facilities, and $100 per application for each additional small wireless facility thereafter. The fee shall be paid upon submission of the application.
(b)
Every application for a new pole in the public ROW shall pay a permit application fee of $1,000. The fee shall be paid upon submission of the application.
(c)
License agreement fee. Every person requesting a license agreement from the Town shall pay an administrative fee of $340, which shall include the legal costs of drafting such license agreement.
(d)
ROW use fee. In exchange for the privilege of nonexclusive occupancy of the public ROW, the provider shall pay the Town $270 per small wireless facility, per year, for as long as the license agreement is effective. The ROW use fee shall be due and payable within 30 days of issuance of the license agreement.
(e)
Attachment fees. The provider shall be subject to an additional attachment fee of $500 if the small wireless facilities will be attached to property (either real or personal) owned by the Town. No attachment will be allowed except after issuance of a permit pursuant to an attachment agreement.
(f)
Other fees. The applicant or provider shall be subject to any other generally applicable fees of the Town or other government body, such as those required for electrical permits, building permits, or street opening permits, which the applicant or provider shall pay as required in the applicable laws, as well as attachment fees for the use of Town-owned poles, towers, support structures, ducts, conduits or other structures in the public ROW, as set forth in attachment agreements authorizing such use.
(g)
No refund. Except as otherwise provided in a license agreement, the provider may remove its communications facilities, poles or towers from the public ROW at any time, upon not less than 30 days' prior written notice to the Town and may cease paying to the Town any applicable recurring fees for such use, as of the date of actual removal of the facilities and complete restoration of the public ROW. In no event shall a provider be entitled to a refund of fees paid prior to removal of its communications facilities, poles or towers.
D.
Permit applications.
(1)
Permit required. Unless expressly authorized in this subsection or in writing by the Town, no person may construct, install or maintain in the public ROW any communications facilities or poles built for the primary purpose of supporting communications facilities, or towers, including the installation or co-location of communications facilities on existing poles, towers, support structures or other structures within the public ROW, without first receiving a permit. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may work in the public ROW prior to obtaining a permit, provided that the provider shall attempt to contact the Town prior to commencing the work and shall apply for a permit as soon as reasonably possible, but not later than 12 hours after commencing the emergency work. For purposes of this subsection, an "emergency" means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.
(2)
Permit application requirements. The application shall be made by the provider or its duly authorized representative and shall contain the following:
(a)
The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant.
(b)
The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
(c)
A description of the proposed work and the purposes and intent of the proposed facility sufficient to demonstrate compliance with the provisions of this subsection. The applicant shall state whether the applicant believes the proposed work is subject to administrative review or discretionary review and if the permit is an eligible facilities request.
(d)
If applicable, a copy of the authorization for use of the property from the pole, tower or support structure owner on or in which the communications facility will be placed or attached.
(e)
Detailed construction drawings regarding the proposed communication facility.
(f)
To the extent the proposed facility involves co-location on a pole, tower or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower or support structure will structurally support the co-location (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.
(g)
For any new aboveground facilities or structures, accurate visual depictions or representations, if not included in the construction drawings.
(h)
If new construction, a plan demonstrating how co-locations on the new pole, tower or support structure would be possible for other providers who may wish to deploy small cell technology in the geographic area of the subject application.
(3)
Proprietary or confidential information in application. Applications are public records that may be made available pursuant to the New York State Freedom of Information Law.[2] Notwithstanding the foregoing, an applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the Town shall treat the information as proprietary and confidential, subject to the requirements of the New York State Freedom of Information Law and the Town's determination that the applicant's request for confidential or proprietary treatment of application materials is reasonable.
[2]
Editor's Note: See Public Officers Law § 84.
(4)
Ordinary maintenance and repair. A permit shall not be required for ordinary maintenance and repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Town, in writing, at least 48 hours before performing the ordinary maintenance and repair.
(5)
Material changes. The Town may require payment of an additional permit application fee in the event the Town determines, in its sole discretion, that material changes to an application after submission amount to a new application and will materially increase the time and/or costs of the permit review process. Unless otherwise agreed to in writing by the Town, any material changes to an application, as determined by the Town in its sole discretion, shall be considered a new application for purposes of the time limits unless otherwise provided by applicable laws.
(6)
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this subsection shall be accompanied by the required fees.
(7)
Effect of permit. A permit from the Town authorizes an applicant to undertake only the activities in the public ROW specified in the application and permit, and in accordance with this subsection and any general conditions included in the permit. A permit does not authorize attachment to or use of existing poles, towers, support structures or other structures in the public ROW; a permittee or provider must obtain all necessary approvals and pay all necessary fees from the owner of any pole, tower, support structure or other structure prior to any attachment or use. A permit does not create a property right or grant authority to the applicant to interfere with other existing uses of the public ROW.
(8)
Duration. Any permit for construction issued under this subsection shall be valid for a period of 90 days after issuance and can be extended for an additional 90 days upon written request of the applicant, if the failure to complete construction is a result of circumstances beyond the reasonable control of the applicant.
(9)
An applicant may simultaneously submit up to five applications for communications facilities, or may file a single, consolidated application covering a batch of not more than 20 such communications facilities, provided that the proposed communications facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Town. If the applicant files a consolidated application, the applicant shall pay the application fee calculated as though each communication facility were a separate application. No applicant shall submit more than one consolidated application over a six-month period. The Code Enforcement Officer has the discretion to determine whether a provider is submitting a consolidated application through the submission of multiple single small wireless facilities.
E.
Administrative review.
(1)
Permitted use. The following uses within the public ROW shall be permitted uses, subject to administrative review and issuance of a permit as set forth in this § 240-44.2. All such uses shall be in accordance with all other applicable provisions of this subsection, including, without limitation, those set forth in this subsection and the terms of any license agreement. Administrative review will not be available for consolidated applications or simultaneous applications for more than five communication facilities.
(a)
Co-location of a small wireless facility that does not exceed the maximum 35 feet in height set forth in this subsection or a co-location that qualifies as an eligible facilities request.
(b)
Modification of a pole, tower or support structure or replacement of a pole for colocation of a communications facility where the modification or replacement qualifies as an eligible facilities request.
(c)
Construction of a new decorative pole or a monopole tower (but no other type of tower) to be used for a small wireless facility that does not exceed the maximum height set forth, provided that there are existing poles of similar height within 100 feet of either side of the proposed new pole or monopole tower.
(d)
Construction of a communications facility, other than those set forth in Subsection G(1), (2) or (3) in this subsection, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground or aboveground between two or more existing poles or an existing pole and an existing tower and/or existing support structure, and related equipment and appurtenances.
(2)
Application review.
(a)
The Town shall review the application either under the administrative review or discretionary review, as the case may be, and, if the application conforms with applicable provisions of this subsection, the Town shall issue the permit, subject to the design standards set forth in this subsection.
(b)
Except as otherwise provided by applicable laws, the Town shall:
[1]
Within 10 days of receiving an application, notify the applicant if the application is incomplete and identify the missing information. The applicant may resubmit the completed application within 30 days without additional charge, in which case the Town shall have 10 days from receipt of the resubmitted application to verify the application is complete, notify the applicant that the application remains incomplete or, in the Town's sole discretion, deny the application; and
[2]
Make its final decision to approve or deny the application within 60 days for a co-location, and 90 days for any new structure, after the application is complete (or deemed complete in the event the Town does not notify the applicant that the application or resubmitted application is incomplete).
(c)
The Town shall advise the applicant in writing of its final decision.
(3)
Maximum height of permitted use. Small wireless facilities, and new, modified or replacement poles, towers and support structures in the public ROW may be approved through administrative review as provided in this subsection only if the following requirements are met:
(4)
Design standards. The design standards for communication facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers shall be adopted by the Town Board and shall be published on the official Town website and made available to all applicants at their request or upon submission of an application. The design standards must be strictly adhered to and shall constitute a condition precedent to the granting of any permitting pursuant to this subsection. The design standards shall be subject to change upon a majority vote of the Town Board.
F.
Discretionary review and approval. All other uses within the public ROW not expressly set forth or referenced in this subsection shall require compliance with, and issuance of, a site plan approval pursuant to the Town Code. In determining the deployment and placement of communication facilities, the Planning Board shall consider the following criteria and their impact on the surrounding neighborhood during the site plan review process: i) the design standards set forth in this subsection; ii) the compatibility of further deployments and their potential impact on the surrounding neighborhood; iii) the potential for co-location of other providers' communication facilities; and iv) the density fulfillment needs of the neighborhood.
G.
General public ROW installation requirements.
(1)
General work requirements.
(a)
General safety and compliance with laws. The permittee shall employ due care during the installation, maintenance or any other work in the public ROW, and shall comply with all safety and public ROW protection requirements of applicable laws, applicable codes, and any generally applicable Town guidelines, standards and practices, and any additional commonly accepted safety and public ROW protection standards, methods and devices (to the extent not inconsistent with applicable laws).
(b)
Traffic control. Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Uniform Manual of Traffic Control Devices. The permittee shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the Town.
(c)
Interference. The permittee shall not interfere with any existing facilities or structures in the public R.O.W. and shall locate its lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any public ROW.
(d)
Utility location. Before beginning any excavation in the public ROW, the permittee shall comply with Dig Safely New York, Inc.
(2)
Compliance with permit.
(a)
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The Town and its representatives shall be provided access to the work site and such further information as they may require ensuring compliance with such requirements. All work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this subsection, shall be removed at the sole expense of the permittee. The Town may stop work in order to assure compliance with the provisions of this subsection.
(b)
In addition to obtaining a permit for installation of a communications facility, poles built for the sole or primary purpose of supporting communications facilities, or towers in the public ROW, an applicant must obtain all other required permits.
(3)
Mapping data. The permittee shall provide to the Town as-builts, in a format designated by the Town or otherwise compatible with such format, showing the location of communications facilities, poles, support structures and towers upon completion of the permitted work.
H.
Attachment to and replacement of decorative poles. Notwithstanding anything to the contrary in this subsection, an applicant may not install a small wireless facility on a decorative pole, or replace a decorative pole with a new decorative pole unless the Town has determined, in its sole discretion as part of the administrative review process, that each of the following conditions has been met:
I.
General design guidelines.
(1)
Compliance. All communications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Town of Geddes Code, and any other applicable local, state, and federal rules and regulations.
(2)
Underground utilities. All service lines to the proposed communications facility shall be underground if all other utilities in the immediate area are also underground.
(3)
Power and fiber-optic supply.
(a)
Independent power source required. Communications facilities subject to a license agreement may not use the same power source providing power for the existing facilities original to the purpose of the support structure, unless specifically authorized by the owner of the support structure and approved by the Town Engineer. An independent power source must be contained within a separate conduit on the existing support structure.
(b)
Providers shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.
(4)
Wiring, cables and conduit requirements.
(a)
All wiring and cables must be housed and fully concealed within the steel or other metal support structure pole and extended vertically within a flexible conduit. In nonsteel or solid support structures, all wiring and cables must be fully concealed and appropriately protected and covered with a material that matches the nonsteel or solid support structure so as not to be visible from public view.
(b)
Aboveground wires, cables, connections and conduits are prohibited, except as specified in this Design Guideline Manual based on the support structure.
(c)
Spools and/or coils of excess fiber-optic or coaxial cables or any other wires shall not be stored on the pole except completely within the approved enclosures or cabinets.
(5)
Lighting. Lighting associated with communications facilities is prohibited, except when incorporated into new or existing approved decorative lighting poles and/or streetlights. Any internal lights associated with electronic equipment must be shielded from public view.
(6)
Signage. Signage is prohibited on all communications facilities and support structures, including stickers, logos, and other nonessential graphics and information unless required by the FCC.
(7)
Work permits. All providers must obtain a work permit from the Town for any activity described in this subsection.
(8)
Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by the occupants of nearby properties.
(9)
Existing support structures.
(a)
Co-location encouraged. The co-location of communications facilities on existing poles, towers and support structures is strongly encouraged to minimize the extent of intrusion of redundant support structures within the public ROW or on private property. An entity seeking to place facilities in the Town shall demonstrate co-location is not commercially, structurally and/or practically feasible.
(b)
Structural integrity of existing support structures.
[1]
The Town shall not authorize any attachments to Town-owned infrastructure, pole, tower or support structure that negatively impacts the structural integrity of said infrastructure, pole, tower or support structure.
[2]
The Town may condition approval of the co-location on replacement or modification of the communications facility at the provider's cost if the Town determines that replacement or modification is necessary for compliance with the construction and/or safety standards of the Town. A replacement or modification of the communications facility shall conform to the applicable design guideline(s) and the Town's applicable specifications for the type of structure being replaced. The Town shall retain ownership of a replacement support structure.
[3]
Maximum permitted height. For an existing communications facility or support structure, the antenna and any associated shroud or concealment material which are permitted to co-locate at the top of the existing support structure shall not increase the height of the existing support structure by more than five feet or a total of 35 feet from grade.
[4]
Reserved space. The Town may reserve space for future public safety or transportation uses in the public ROW or on a pole, tower or support structure owned by the Town in accordance with an approved plan in place at the time an application is filed.
[a]
A reservation of space shall not preclude placement of a pole or the co-location of a communications facility.
[b]
If replacement of the Town's pole or support structure is necessary to accommodate the co-location of the communications facility and the future use, the provider shall pay for the replacement of the pole or support structure and shall design and construct the replacement pole or support structure in a manner that is able to accommodate the future use.
(10)
New pole, tower or support structures.
(a)
Location.
[1]
Required setbacks.
[a]
The center line of a new pole, tower or support structure shall be installed in alignment with existing street trees and other poles along the same public ROW whenever possible.
[b]
In no case shall a new pole, tower or support structure be located less than what is required in the license agreement from any of the roadway/face of curb, sidewalk, or shared use path as measured to the nearest part of the support structure.
[c]
New poles, towers or support structures shall be located a minimum of six feet from any permanent object, structure or existing lawful encroachment into the public ROW, or as determined in the license agreement.
[d]
Support structures for small wireless facilities located outside of the public ROW shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including the support structure, as measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, and other forms of screening and/or structural characteristics of the proposed support structure.
[2]
Required spacing. A minimum of 300 linear feet between poles, towers, support structures or communication facilities is required. To the extent feasible, any new or replacement pole, tower or support structure constructed in the public ROW shall be located at the property line between two residentially zoned properties and not in the direct line of site from the front of a residential structure.
[3]
Placement of poles between property lines. When feasible, all poles shall be installed as close to the adjoining property line as possible, unless not feasible, to curtail impacts on primary structures.
(b)
Maximum permitted height. For a new support structure in all districts, the overall height of the pole, tower and support structure and any co-located antennas shall not be more than 35 feet in height above established grade measured at the base of the support structure.
(c)
Design requirements.
[1]
Shape and dimensions. All new poles, towers or support structures shall be constructed of solid hot-dipped galvanized steel and shall be round with the pole shaft tempered in diameter from the base to the top with a maximum of 12 inches at the base.
[2]
Aesthetics. In appropriate locations and districts, decorative poles shall be utilized to complement the existing character of the applicable corridor of the Town.
[3]
Transformer base. All new poles, towers or support structures shall include a one-piece cast aluminum alloy transformer base in a breakaway design, consistent with engineering standards subject to the Engineer for the Town's review and approval.
[4]
Foundation/footer.
[a]
All new poles, towers or support structures shall be supported with a reinforced concrete foundation or footer that is designed by a professional engineer, subject to the Engineer for the Town's review and approval.
[b]
Anchor bolts must be constructed from steel (high strength) per ATSM A36, threaded (J-Type/L-Type), hot dip galvanized steel per ODOT CM Item No. 711.02, and in a strength and diameter recommended by a professional engineer, subject to the Engineer for the Town's review and approval.
[c]
All anchor bolts must be concealed from public view with an appropriate pole boot or cover, powder-coated to match the pole, tower or support structure.
[5]
Color. New poles, towers or support structures, including the breakaway transformer base, shall have a powder-coated finish in dark earth tone colors such as dark green, dark brown, gray, or black, consistent with the color of other poles, towers or support structures in the immediate vicinity, unless other colors are approved by the Town.
(d)
Multiple requests. If multiple requests are received by the Town to install two or more poles, towers or support structures that result in the violation of the applicable spacing requirements outlined herein, or to co-locate two or more communications facilities on the same pole, tower or support structure, the Town may resolve conflicting requests through whatever reasonable and nondiscriminatory manner it deems appropriate.
(e)
Alternate location. The Town reserves the right to propose an alternate location to any proposed location of a new pole, tower or support structure, that is within 100 feet of the proposed location or within a distance that is equivalent to the width of the public ROW in or on which the new structure is proposed, whichever is greater, which the provider shall use if it has the right to do so on reasonable terms and conditions and the alternate location does not impose technical limits or significant additional costs.
(f)
Waiver.
[1]
A provider may seek a waiver from the Planning Board of the undergrounding or alternative location requirements for the placement of a new pole, tower or support structure to support communications facilities if the provider is unable to achieve its service objective using a communications facility under the following circumstances:
[2]
The Town shall process waivers in a reasonable and nondiscriminatory manner that does not have the effect of prohibiting the provision of wireless services.
(11)
Antennas.
(a)
Location. All antennas to be installed on new or existing poles, towers or support structures shall be mounted flush to the top of the pole, tower or support structure and aligned with the center line of the pole, tower or support structure, unless otherwise agreed to by the Town based on the specific context and characteristics of the communications facility.
(b)
Size. Each antenna shall be located entirely within an enclosure of not more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than 12 cubic feet in volume.
(c)
Design.
(12)
Small wireless facilities installed on support structures.
(a)
Size. Exclusive of the antenna, all wireless equipment associated with the communications facility shall not cumulatively exceed 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services.
(b)
Equipment enclosures. All communications facilities mounted to poles, towers or support structures or located on the ground shall be fully contained within enclosures or cabinets.
(c)
Required clear height. All communications facilities mounted to a pole, tower or support structure shall provide a minimum of 10 feet of clear space on the pole as measured from established grade to the lowest point of any facility/equipment cabinets or concealment apparatus mounted to the pole, tower or support structure.
(d)
Maximum horizontal offset from support structure. Communications facility equipment cabinets or enclosures shall not extend more than 10 inches beyond the pole, tower or support structure center line in all directions.
(e)
Design.
[1]
Cabinet or enclosure shape. Communications facility equipment cabinets or enclosures shall be rectangular in shape, with the vertical dimensions being greater than the horizontal. Generally, the cabinet or enclosure shall be no wider than the maximum diameter of the support structure.
[2]
Installation. All pole-mounted equipment cabinets or enclosures must be installed as flush to the pole as possible. Any installation brackets connecting the cabinets or enclosure to the pole shall not extend more than two inches from the pole and shall include metal flaps (or wings) to fully conceal the gap between the cabinet and pole.
[3]
Color. Cabinets or enclosures shall match the color specification of the pole, tower and/or support structure, unless other colors are approved by the Town.
(13)
Ground-mounted small wireless facilities.
(a)
Location.
[1]
Required setbacks.
[a]
In no case shall ground-mounted small wireless facilities be located no less than required in the license agreement from the roadway/face of curb, sidewalk, or shared use path as measured to the nearest part of the cabinet or enclosure.
[b]
Ground-mounted communications facilities and associated required screening or shrouding shall be located a minimum of six feet from any permanent object or existing lawful encroachment into the public ROW.
(b)
Size. All communications facility equipment shall not cumulatively exceed 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(c)
Maximum permitted height. The maximum height for ground-mounted communications facilities shall not exceed 2 1/2 feet as measured from established grade at the base of the facility.
(d)
Equipment enclosures required. All ground-mounted communications facilities shall be fully contained within enclosures or cabinets.
(e)
Design requirements.
[1]
Concealment. Ground-mounted equipment shall incorporate concealment elements into the proposed design matching the materials of the support structure, unless other materials are approved by the Town. Concealment may include, but shall not be limited to, landscaping, strategically placed in less obtrusive locations. Landscaping concealing equipment enclosures shall be planted in such quantity and size such that 100% screening is achieved within two years of installation. Landscaping shall be continuously maintained but shall not result in overgrowth of the public right-of-way area and shall minimize its presence while achieving the goal of screening.
[2]
Concrete fad or slab: in accordance with state and local standards approved by the Code Enforcement Officer.
[3]
Breakaway design. All objects placed within the public ROW shall feature breakaway design.
[4]
Color. Ground-mounted communication facility cabinets and enclosures shall have a powder-coated finish in dark earth tone colors such as dark green, dark brown, gray, or black, unless other colors are approved by the Town.
(14)
Construction and safety requirements.
(a)
Approval of the co-location, replacement or modification of a pole, tower or support structure is conditioned upon the provider's assumption of costs if the Town determines such is necessary for compliance with its written construction or safety standards.
(b)
Prevention of failures and accidents. Any provider who owns a communications facility sited in the public ROW or upon Town-owned property shall at all times employ ordinary and reasonable care and shall install, maintain and use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(c)
Compliance with fire safety and FCC regulations. Communications facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in compliance with the requirements of the National Electrical Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property, public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(d)
Wind and ice. All communications facilities shall be designed to withstand the effects of wind gusts and ice to the standard designed by ANSI, as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EINTIA-222, as amended).
(e)
Surety bond or equivalent financial tool for cost of removal. All providers shall procure and provide to the Town a renewable bond, or shall provide proof of an equivalent financial mechanism, which may include a funds set-aside and a letter of credit, to ensure compliance with all provisions of these standards and guidelines. The renewable bond or equivalent financial method shall cover the cost to remove unused or abandoned small wireless facilities or damage to Town property caused by a provider or its agent for each communications facility which the provider installs in the public ROW or upon Town-owned property.
(15)
Indemnify and hold Town harmless. Any provider who owns or operates a communications facility or a pole, tower or support structure in the public ROW or upon Town-owned property shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the Town and its elected officials, officers, employees, agents, and volunteers harmless from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included in those costs that are recoverable by the Village.
(16)
Said provider shall also hold the Town and/or its agent(s) harmless in the event any action by the Town and/or its agent(s) negligently or recklessly disrupts, destroys, and/or incapacitates the small cell facility or wireless support structure situated in the public ROW or Town-owned property in accordance with these Design Guidelines and Standards.
J.
Violation of this subsection. Violation of any of the provisions of this subsection shall be a violation punishable with a civil penalty of $250 for each violation. Each day that a violation occurs or is permitted to exist by the applicant or provider constitutes a separate offense for which no further notice of any kind needs to be filed.
§ 240-45 Amusement game center.
A.
An amusement game center may be established only after issuance of a license by the Code Enforcement Officer and only in the following districts: Commercial A, Commercial B, Commercial C and Industrial A Districts.
B.
Whenever an amusement game center is established in conjunction with other uses, such other uses shall be limited to the following: restaurants, bowling alleys, billiard parlors and bars.
C.
No amusement game center shall be located closer than 300 feet to the lot lines of any school, hospital, library or religious use.
D.
No amusement game center shall have more than three electronic or mechanical game devices if associated with another use. If the amusement game center is the principal use in a structure, the maximum number of game devices shall be determined by the Code Enforcement Officer, in consultation with the Town Board, taking into account the size of the building, available parking and surrounding land usage and patterns of vehicular and pedestrian traffic flow both on site and/or off site.
E.
No such game devices shall be situated within any establishment or premises until such time as a license shall have been issued for such game devices by the Code Enforcement Officer. The Code Enforcement Officer, with the approval of the Town Board, may set license fees, license application format and time periods for the license as deemed proper.
§ 240-46 Frontage.
Every dwelling hereafter built or erected shall be on a lot having frontage upon a street.
§ 240-46.1 Stormwater pollution prevention plan.
§ 240-46.2 Nondomestic animals.
[Added 6-14-2022 by L.L. No. 3-2022]
A.
The raising or harboring of animals within a community can pose a variety of risks to residents that range from simple nuisances of noise and odor to serious health hazards of personal injury and infections. The Town finds that the regulation of certain types of animals within its borders is necessary to preserve the health and safety of its residents and that the potential for occurrence of risks can be minimized by restricting the number and types of animals that individuals maintain for their personal enjoyment, use or business.
B.
In all zoning districts there is no restriction upon the kinds of domestic animals maintained within a dwelling that are consistently maintained within appropriate containers such as aquariums or birdcages; these animals include, by illustration, tropical fish, exotic birds, ferrets, gerbils and hamsters. Nondomestic animals (see § 240-5, Definitions) shall not be harbored or maintained on any parcel in the Town unless said parcel is zoned agricultural and said nondomestic animals are used in connection with the business of agriculture being carried out on said parcel.