No communications tower shall hereafter be used, erected, connected to, modified or replaced except upon application, information, support materials and review pursuant to site plan procedure as set forth in Chapter 204, Zoning, Article XIII, Site Plan Review Procedure.

Communications towers shall be allowed in Manufacturing and Agricultural and Hill Zones as a matter of right, subject to limitations set forth herein. Communications towers in all other districts may be allowed pursuant to site plan review.

All proposed personal wireless service (PWS) facilities shall require a full environmental assessment form.

A variance may not be granted by the Zoning Board of Appeals on the basis of use in any district unless said Zoning Board of Appeals receives a positive recommendation of a majority plus one of the Planning Board. Planning Board review hereunder shall cease pending final action on the variance appeal.

Communications towers proposed in or within 750 feet of prohibited districts shall be subject to additional requirements as set forth herein. In addition to the information mandated by the foregoing provisions, applicant must demonstrate by or shall support by substantive evidence that:

In the event the applicant meets the criteria of Subsection E(1) and (2) above, subject to all other requirements of this chapter, a proposed facility located outside a district zoned for towers or within 750 feet of a prohibited district must meet the following additional criteria:

If applicant has proven that a communications tower greater than 35 feet is needed to provide the required coverage, the Planning Board may require that more than one communications tower being 35 feet or less be built in lieu of a single taller communications tower in order to provide the required coverage. In such case, all of the criteria of this article must be fulfilled for each such communications tower.

In all events of a communications tower being located in a prohibited district with Planning Board approval or a variance, the applicant must provide substantial foliage and landscaping within the vicinity of the communications tower as well as landscaped buffer areas, the adequacy of which shall be determined by the Planning Board.

A full application on a form supplied by the Town, attested to by a licensed professional engineer.

A long form environmental assessment form (EAF), including a site description that identifies and describes:

The manufacturer's or applicant's design drawings pertaining to installation, stamped by a licensed professional engineer.

The applicant's maintenance and inspection schedule.

Site access, road alignment, road width, road surface type, proposed curb cuts, anticipated construction and operation vehicular traffic to and from the site and construction parking and storage areas. Location of the curb cut is subject to NYSDOT regulations or a Town highway work permit.

Each application for installation of antennas shall include either a preliminary or a certified statement that the installation of the antennas, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event only a preliminary statement is submitted with the application, a final certified statement on noninterference will be provided and approved by the Town prior to the issuance of a permit. A Town-approved professional engineer shall prepare the statement.

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.

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 facility.

The name of the operator, owner, lessee(s) to the application, with correct direct contact information for the same.

A copy of applicant's FCC license.

Names and addresses of adjacent property owners, as contained in public records.

An inventory of applicant's existing sites. Each applicant shall provide a map showing applicant's FCC-licensed service area (within the municipality and five miles beyond) with a separate map showing applicant's inventory of its existing communications towers and antenna sites within the Town and within one mile of the Town's border including, for each such structure, specific information regarding the communications tower and/or antenna height and the location, street address, tax parcel, latitude and longitude and mean sea level height of the communications tower base.

The location of any equipment or other facilities required by each of the potential co-locators or additional users, as provided for in § 204-101D.

A visual impacts study, generated by an appropriately licensed consultant, that:

Applicant shall select a preferred alternative site based on the lowest potential visual impact and the preferred alternative site's technical and economic feasibility. Applicant shall provide the Town with:

Additional submission requirements for communications towers include:

All antennas and communications towers erected, constructed or located within the Town shall comply with the following requirements:

Any proposed communications tower shall be designed, in all respects, to accommodate both the applicant's antennas and comparable antennas for three or more additional users. Communications towers must be designed to allow for future rearrangement of antennas upon the communications tower and to accept antennas mounted at varying heights. Additionally, the necessary land to accommodate the equipment of said additional users shall be under the control of the communications tower applicant. This control may be through ownership, lease or contract with a period of time no less than the control the applicant has over the land used for the equipment for subject communications tower application.

The applicant shall submit to the Planning Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed communications tower or structure by other providers in the future.

Co-location on communications towers, structures or land encumbered by an antenna, structure or communications tower existing prior to July 2018. Notwithstanding anything to the contrary herein, the co-location requirements of this article are intended to be enforceable as to existing antennas, communications towers and structures and/or land encumbered by antennas, structures or communications towers. Accordingly, upon a renewal, extension or exercise of option for a renewal term of an existing lease for land, structure or communications tower, a clause in any such lease, whether entered into prior to or after the enactment of this article, which provides for exclusivity as to the land, structure or communications tower in favor of one or more carriers, shall not be enforceable against a carrier seeking co-location.

Communications towers shall be inspected every five years on behalf of the communications 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 Clerk with the application for a license during the month of December every five years. This requirement shall be considered a condition to any specific use permit, variance or any other permit or license required by this chapter.

Operators shall obtain Town licenses for each communications tower and/or antenna operated pursuant to this article no later than January 31 of the sixth year from the year in which the communications tower or antenna initially becomes operational, and every five years thereafter. The license fee shall be set from time to time by the Town Board.

The operator of any facility sited within the Town of Horseheads shall submit certification every five years, signed by a New York State-licensed professional engineer, verifying such facility is in compliance with all applicable federal, state and local radio frequency radiation emission standards. Such certification shall be delivered to the Town Supervisor with the application for a license during the month of December every five years. This requirement shall be considered a condition to any specific use permit, variance or other permit or license required by this chapter.

Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC general population exposure standard every five years, with the application for a license, as provided for elsewhere in this article. If new, more restrictive standards are adopted, the antennas shall be made to comply or the Town may restrict continued operations. The cost of verification of compliance shall be borne by the owner and operator of the communications tower.

Random testing. The Town of Horseheads, in its sole and reasonable discretion, reserves the right to randomly test any facility at any time for FCC compliance. Existing antennas may only be replaced with similar antennas, but in no event shall the new antennas emit higher levels of radio frequency (RF) radiations than the antennas being replaced.

Noncompliance. To the extent any facilities are not FCC compliant as required by Subsections A and B hereof, the owner of such facilities or antennas shall have 30 days to cure such noncompliance and bring its facilities or antennas to Code. In the event such breach has not been corrected within 30 days following written notification of noncompliance from the Town to the applicant, the Planning Board, in its sole discretion, reserves the right to suspend or revoke any permits or approvals that had been previously granted for the installation of such facilities or antennas, or request an immediate shutdown of the respective facilities with no reactivation option, unless and until a hearing is conducted before the appropriate local zoning authority. In the event of a permanent revocation and shutdown, the removal of existing communications towers and attachments thereto shall be conducted at the owner's expense and in accordance with § 204-141.

Communications tower lighting. Communications towers shall be designed and sited to avoid the application of FAA lighting and painting requirements. Communications towers shall not be illuminated by artificial means and shall not display strobe lights unless the FAA or other federal or state authority for a particular communications tower specifically requires such lighting.

Signs and advertising on communications towers. The use of any portion of a communications tower for signs other than warning or equipment information signs is prohibited. Said signs shall not be larger than two square feet.

Existing on-site vegetation shall be preserved to the maximum extent practicable, and applicant shall be required to comply with all applicable landscaping requirements for the district in which the proposed facility is to be located.

The base of the communications tower and any accessory structures shall be landscaped and meet the required screening of the district. The equipment shed associated with the communications tower may be separated from the communications tower to maintain vegetation necessary to achieve maximum screening.

Communications towers and accessory structures shall be provided with Town-approved security fencing to prevent unauthorized entry. Fencing shall be at least equal to the radius of 125% of the tower height. If tower height is increased, the fencing radius shall be increased to 125% of the new tower height. If tower is in a wooded area, a fire break of 50 feet shall be maintained from fence.

The backup generator fuel tank shall have proper spill containment per current DEC and EPA law.

Access to the site shall be locked. Keys shall be given to proper first responders, and first responders shall be trained on proper entry procedures and hazards by the site developer.

Generators shall meet current noise levels as specified in current local, state and federal laws.

Communications towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities, such as the FAA. Communications towers shall be a galvanized finish or painted grey above the surrounding tree line and painted grey, black or green below the surrounding tree line. For communications towers on structures, every antenna and communications tower shall be of neutral colors that blend with the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna communications tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site and adjoining sites. Applicant shall be responsible for the regular maintenance and upkeep of all said design elements.

The maximum height of a communications tower is limited to 100 feet above the ground upon which the antenna is placed.

The use of guyed communications towers is discouraged unless a demonstrated safety issue requires them. Communications towers should be self-supporting without the use of wires, cables, beams or other means. The preferred design should utilize a monopole configuration, unless the applicant can demonstrate through reports by a licensed professional engineer that an open framework construction is the only feasible method that will allow the provider to provide service to the area to be served and that a monopole will not allow for that service to be provided. In the event guys are allowed, all guy supports shall be sleeved and entirely fenced in to a height of eight feet above the finished grade. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.

A driveway and an appropriate parking area will be provided to ensure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. As an occasionally used facility, all pavements shall be grass block or porous material, to minimize runoff and preserve natural vegetation. Location of road cut shall be approved by the Planning Board and will comply with the NYSDOT and Town requirements.

Any future increase in tower height shall comply with FCC regulations, so long as the final height does not exceed 100 feet. The Town Planning Board shall be notified of any proposed height increase. Application review for tower height will follow the same process as for a new tower structure as defined in Chapter 204, Article XIII, Site Plan Review Procedure.

A communications tower's setback may be altered in the sole discretion of the Planning Board to allow the integration of a communications tower into an existing or proposed structure, such as a church steeple, light pole, power line or similar structure.

Communications towers shall not be located closer than 750 feet to the nearest prohibited district. In all other cases, communications towers shall be set back from adjoining properties a distance equal to 150% the communications tower height.

In addition to the requirements of §§ 204-73, 204-77, 204-101, and 204-137, communications towers and facilities shall:

It shall be demonstrated to the satisfaction of the Planning Board that the proposed facility is set back adequately to prevent damage or injury resulting from ice fall or debris resulting from the failure of a wireless telecommunications facility, or any part thereof, and to avoid and minimize all other impacts upon adjoining properties, including but not limited to noise, lighting, traffic and stormwater runoff.

The applicant shall remove all abandoned or unused communications towers and associated facilities and subsurface features within six months of the cessation of operations, unless the Planning Board approves a time extension. If the applicant is not a landowner, a copy of the relevant portions of a signed lease which requires the applicant to remove the communications tower and associated facilities and subsurface features upon cessation of operations at the site shall be submitted at the time of application. In the event that a communications tower, associated facilities and subsurface features are not removed within six months of the cessation of operations at a site, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted property owner and/or operator. The cost incurred by the Town may be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.

Unused portions of communications towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a communication tower previously removed requires the issuance of a new specific use permit.

An applicant for licenses, permits, site plan approval and specific use permit for a facility shall submit an application fee that is established from time to time by resolution of the Town Board, together with technical review fees for the costs of reviewing such applications.

The Town may retain technical consultants, at the expense of the applicant, as it deems necessary to provide assistance in the review of the site location alternatives analysis. These additional costs shall be limited to the consultant's review of the site location alternatives analysis, its report to the Planning Board and license application reviews.