Le Ray City Zoning Code
ARTICLE XVIII
Telecommunications Facilities and Antennas
§ 158-131 Purpose.
The purpose of these regulations is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications facilities and antennas consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Town.
§ 158-132 Telecommunications facilities.
A.
Applicability. Telecommunications facilities shall be permitted upon issuance of a special permit and site plan approval in the AR, MU, CC, MED and PD Districts.
[Amended 8-11-2016 by L.L. No. 4-2016]
B.
Approval.
(1)
No telecommunications facility shall hereafter be used, erected, moved, reconstructed, changed or altered without first receiving a special use permit from the Planning Board, as outlined in Article XVI.
(2)
No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations.
(3)
These regulations shall apply to all property within the Town of LeRay.
(4)
Telecommunications facilities are prohibited in the R-1 District.
[Amended 8-11-2016 by L.L. No. 4-2016]
(5)
Telecommunications facilities in the CC District are allowed on existing towers or buildings as co-locations. New telecommunications facilities are prohibited in the CC District.
[Added 8-11-2016 by L.L. No. 4-2016[1]]
(7)
Where these regulations conflict with other laws and regulations of the Town of LeRay, the more restrictive shall apply, except for tower height restrictions which are governed by these standards.
C.
Procedure for review.
(1)
An application for a special use permit and site plan review shall include the following requirements in addition to those requirements pursuant to Articles XVI and XX:
(a)
The exact location of the proposed telecommunications facility with any tower guy wires and anchors.
(b)
The height of any proposed telecommunications facility tower.
(c)
The location, type and intensity of any lighting within or on the facility.
(d)
Proof of the landowner's consent if the applicant does not own the property.
(e)
The location, nature and extent of any proposed fencing, landscaping and/or screening.
(f)
The location and nature of existing and proposed easements and access roads, if applicable.
(g)
A side elevation or other sketch of the tower showing the proposed antennas and elevation of any accessory structures.
(h)
The site plan shall bear the seal of a professional engineer licensed to practice in New York State.
(i)
The location of all trees exceeding four inches in diameter (measured at a height of four feet from the ground) and other significant and/or unusual features of the site and on any other adjacent property within 20 feet of the property line.
(2)
Supporting documentation.
(a)
All information prepared by the manufacturer of the antenna and/or tower, including, but not limited to, the following:
[1]
Make and model of facility or tower to be erected.
[2]
Detail of facility or tower type.
[3]
Manufacturer's design data for installation instructions and construction plans.
[4]
Applicant's proposed maintenance and inspection procedures and records systems.
[5]
Anti-climb devices for the facility and any guy wires or other supporting elements.
(b)
All applicants for a telecommunications facility shall submit a long environmental assessment form (EAF) with visual addendum, and an analysis demonstration that location of the telecommunications facility as proposed is necessary to meet the frequency reuse and spacing needs of the applicant's telecommunications system, and to provide adequate service and coverage to the intended area.
(c)
The Planning Board may require submission of a more detailed visual analysis based on the results of the visual EAF, such as:
(d)
The applicant shall provide a copy of his/her Federal Communications Commission (FCC) license.
(e)
The applicant shall provide an engineer's report certifying that any proposed shared use, as applicable, will not diminish the structural integrity and safety of the existing tall structure or existing or approved tower, and explaining what modification, if any, will be required in order to certify to the above.
(f)
The applicant shall provide an engineer's report as to structural capacity of the tower or other structure.
(g)
The applicant shall provide documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or facility and justification for any vegetative clearing required.
(h)
All applicants applying for telecommunications facilities agree to reimburse the Town for consultants and/or specialists to assist in the applications.
(i)
All applicants must submit an engineer's certification that transmission from his/her telecommunications facility is in compliance with federal radio frequency emission standards and will not interfere with existing signals, such as household television and radio, etc.
D.
Shared use.
(1)
At all times, shared use of existing towers shall be preferred to the construction of new towers.
(2)
An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved facilities or towers within a reasonable distance, as determined by the Planning Board, of the proposed site.
(a)
The report shall outline opportunities for shared use of the existing facilities as an alternative to a proposed new tower.
(b)
The report shall demonstrate good-faith efforts to secure shared use from the owner of each existing tall structure and existing or approved facility, as well as documentation of the physical, technical and/or financial reasons why shared use is not practical in each case.
(c)
Written requests and responses for such shared use in lieu of new construction shall be provided.
(3)
Where such shared use is unavailable, location of antenna on preexisting structures shall be considered, and the applicant shall submit a report pursuant to § 158-132D(2)(b).
(4)
An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use.
E.
Design standards. In addition to the special use permit review process as provided in Article XVI, telecommunications facilities shall also be evaluated for compliance to the following standards:
(1)
Setbacks.
(a)
Towers and antennas shall comply with all existing setbacks within the affected zone.
(b)
Additional setbacks may be required by the Planning Board to contain on site all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
(c)
Setbacks shall apply to all tower parts, including guy wires and anchors, and to any accessory facilities.
(d)
If the applicant can provide an engineer's report indicating that the tower would, in the event of a collapse, fall onto itself, then a smaller setback can be applied. If not, then the Planning Board shall consider a setback of 125%.
(e)
If land is leased, then setbacks are measured from lease lines.
(2)
Visibility.
(a)
All towers and facilities shall be sited to have the least practical adverse visual effect on the environment.
(b)
Facilities shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA).
(c)
Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green or black below the surrounding tree line unless other standards are required by the FAA.
(d)
All utilities shall be run underground from road to facility.
[Amended 8-11-2016 by L.L. No. 4-2016]
(e)
Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
(f)
All towers and facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(3)
Existing vegetation.
(a)
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter at breast height shall take place prior to approval of the special permit use.
(b)
Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(4)
Buffers and screening.
(a)
Deciduous or evergreen tree plantings shall be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas.
(b)
Where the site abuts residential or public property, including streets, the following vegetative screening shall be required:
[1]
For all facilities, at least one row of native evergreen shrubs or trees capable of forming a contiguous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities.
[2]
In the case of poor soil conditions, plantings may be required on earthen berms to assure plant survival. Plant height in these cases shall include the height of any berm.
(5)
Access and parking.
(a)
An access road and parking area shall be provided to assure adequate emergency and service access.
(b)
Maximum use of existing roads, public or private, shall be made.
(c)
Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement.
(d)
Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(6)
Fencing. The telecommunications facility shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Board.
F.
Operations.
(1)
All telecommunications facilities shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all permit conditions.
(2)
Should a telecommunications facility become inoperable, or should any part of the facility be damaged, or should a facility violate a permit condition, the owner or operator shall commence a remedy to the situation within 60 days after written notice from the Zoning Enforcement Officer and complete the remedy within an agreed-upon schedule with the Town. The total period to remedy the situation may not exceed 120 days.
G.
Bonding requirements.
(1)
Whenever any tower facility is constructed, the operator of the tower facility shall obtain and keep in force:
(a)
A performance bond payable to the Town of LeRay to cover the cost of removal of the tower facility. The performance bond shall remain in force throughout the time that the tower is located on the site. The amount of the bond shall equal 150% of the estimated costs of removal, as determined by the Zoning Enforcement Officer, or $1,000, whichever is greater.
(b)
When landscaping installation is required, a maintenance bond or other financial guarantee acceptable to the Town shall be provided in the amount of 150% of the value of the labor and materials. The guarantee shall be in effect for two years from the date of planting.
H.
Abandonment.
(1)
At such time that a telecommunications facility is scheduled to be abandoned or discontinued, the applicant will notify the Zoning Enforcement Officer by certified United States mail of the proposed date of abandonment or discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the owner shall physically remove the telecommunications facility within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Zoning Enforcement Officer. "Physically remove" shall include but not be limited to:
(a)
Removal of the facility and related above-grade structures.
(b)
Restoration of the location of the telecommunications facility to its natural, predevelopment condition, including the removal of at-grade pavements and the reestablishment of vegetation, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.
(3)
In the event that an applicant fails to give such notice, the facility shall be considered abandoned or discontinued if the system is out of service for a continuous twelve-month period. After the 12 months of inoperability, the Zoning Enforcement Officer may issue a notice of abandonment to the owner of the facility. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(4)
The Zoning Enforcement Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides reasons for the operational difficulty, provides a reasonable timetable for corrective action, and demonstrates that the facility has not been abandoned.
(5)
If the owner fails to respond to the notice of abandonment or if after review by the Zoning Enforcement Officer it is determined that the telecommunications facility has been abandoned or discontinued, the owner of the facility shall remove all structures at the owner's sole expense within 120 days of receipt of the notice of abandonment.
(6)
If the owner fails to physically remove the facility and all structures after the notice of abandonment procedure, the Town shall have the authority to enter the subject property and physically remove facility components at the owner's sole expense.
I.
Violations; prior installations.
(1)
It is unlawful for any person to construct, install, or operate a telecommunications facility that is not in compliance with this chapter or with any condition contained in the special use permit issued pursuant to this section.
(2)
Telecommunications facilities installed prior to the adoption of this section are exempt.
J.
Penalties.
(1)
Any person owning, controlling or managing any building, structure or land who shall undertake a telecommunications facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and shall be subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or to both such fine and imprisonment.
(2)
Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties up to $350 for each violation, and each week said violation continues shall be deemed a separate violation.
(3)
In addition to the penalties provided above, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter. The violator will be held responsible for all legal fees, engineering fees and any other cost incurred by the Town in enforcing this chapter.
K.
Notification of landowners.
(1)
The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 1,000 feet of the property line of the parcel on which a new telecommunications facility is proposed.
[Amended 8-11-2016 by L.L. No. 4-2016]
(2)
Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed facility would be visible if constructed.
(3)
Notification, in all cases, shall be made by certified mail.
(4)
Documentation of this notification shall be submitted to the Board prior to the public hearing.