Gloversville City Zoning Code
ARTICLE XXI
Wireless Telecommunications Towers
§ 300-101 Purpose.
In order to accommodate the communications needs of residents and businesses while protecting the public health, safety and general welfare of the community, the City of Gloversville finds that these regulations are necessary in order to:
Facilitate the provision of wireless telecommunications services to residents and businesses of the City.
Minimize adverse visual effects of towers through careful design and siting standards.
Avoid potential damage to adjacent properties from tower failure.
Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community.
§ 300-102 Legislative authority.
The Telecommunications Act of 1996 contains important provisions for towns concerning the development of wireless telecommunications facilities. The 1996 Act establishes a comprehensive framework for the exercise of jurisdiction by state and local authorities. Section 704 of the 1996 Act governs federal, state and local government oversight of wireless telecommunications facility sightings. Section 704 clearly preserves local zoning authority over personal wireless service facilities by stating that "nothing in this Act shall limit or affect the authority of a state or local government or instrumentality thereof over decisions regarding the replacement, construction and modification of personal wireless service facilities." The limitations of Section 704 on local government are that a local government shall:
Not discriminate among providers of functionally equivalent services.
Not prohibit or have the effect of prohibiting the provision of personal wireless services.
Act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is filed.
Put any decision to deny a personal wireless service facility into writing and support such decision by substantial evidence contained in a written record.
Not regulate personal wireless service facilities on the basis of the environmental effect of radio frequency emission to the extent that such facilities comply with the FCC guidelines for such emissions.
§ 300-103 Shared use of tower space.
To discourage the proliferation of wireless communications towers, shared use of tower structures is both permitted and encouraged. If feasible, wireless telecommunications service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. All site plan applications for new wireless telecommunications towers must include documentation regarding the availability of any existing or approved, but unbuilt, communications towers within the transmission area that may meet the needs of the applicant. Evidence of the written contract with all wireless service providers who supply service within one mile of the proposed tower must be provided. The applicant should inquire about potential collocation opportunities at all technically feasible locations. The contracted providers shall be requested to respond in writing to the inquiry within 30 days. The applicant's letter, as well as the responses that are received, shall be presented to the Planning Board as part of the site plan application package.
§ 300-104 Standards.
Tower height. The City of Gloversville shall not impose a limitation on the height of wireless telecommunications towers, as long as all setback requirements can be adequately addressed.
Security fencing. Security fencing six feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually as determined by the Planning Board.
Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
Equipment shelters. Equipment shelters for wireless telecommunications towers shall be either located in underground vaults or be camouflaged behind an effective year-round landscaped buffer.
Landscaping. Landscaping shall be provided around and above any equipment shelter and along any security fencing that fronts along a public road or is adjacent to a residential area.
Setbacks. All wireless telecommunications towers shall be located a distance from adjacent property lines which is equivalent to at least 100% of the tower height.
Lighting. All lighting for wireless telecommunications towers shall meet the minimum requirements of the FAA and/or FCC. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower. Lighting for equipment shelters shall be limited to manually operated or motion-detector-controlled lights, which shall be kept off, except when personnel are actually present at night.
Accessory or principal use. A wireless telecommunications tower may constitute an accessory use on a lot containing a separate principal use. If the tower constitutes a principal use, then it must be located on a parcel (including a leased parcel) which meets the minimum lot size requirements of the district in which the tower is located and which is large enough to accommodate the tower, accessory structures, landscaping, parking and other required improvements.
§ 300-105 Abandoned tower removal.
The property owner shall be responsible for the removal of unused communications towers within 12 months of cessation of use. If such a tower is not removed by the property owner, then the city may employ all legal measures, including, if necessary, obtaining authorization from a court of competent jurisdiction, to remove the tower and, after removal, may place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower, including court costs and reasonable attorney fees.