Middleport Village City Zoning Code
ARTICLE VI
Wireless Telecommunications Facilities and Telecommunications Towers
[Added 11-17-1997 by L.L. No. 3-1997]
§ 200-21 Findings.
The Village Board of the Village of Middleport makes the following findings:
Requests to site personal wireless telecommunications facilities may occur in the Village of Middleport.
The Village Board finds that the small Village atmosphere and character of the Village of Middleport requires the stringent regulation of telecommunications towers; that such towers inherently detract from the nature and character of the Village of Middleport; and this amendment is necessary to direct the location of personal wireless telecommunications facilities within the boundaries of the Village of Middleport to minimize the number of such towers, to protect residential areas and other land uses from potential adverse impacts of personal wireless telecommunications facilities, to minimize adverse visual impacts of personal wireless telecommunications facilities, to encourage shared use and collocation of existing and new personal wireless telecommunications facilities and communications towers as a primary option rather than construction of additional single-use towers and to protect the general welfare of the citizens of the Village of Middleport.
§ 200-22 Definitions.
The following shall apply to this article:
A modification of the height, silhouette and/or ground area of any telecommunications tower or telecommunications accessory structure, and/or the addition of telecommunications antennas of a new provider to an existing tower.
Persons, firms or corporations supplying personal wireless telecommunications service, including all equipment, apparatus, facilities and devices used in the supplying of personal wireless, telecommunications service.
Commercial mobile services, unlicensed wireless services and common carrier exchange access services.
Accessory buildings and structures, including base stations, designed and used to shelter telecommunications equipment and/or to support personal wireless telecommunications facilities.
An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). Design examples of telecommunications antennas are described as follows: whip; panel; and dish.
A tower greater than 35 feet in height and which does not exceed 310 feet in height (including antenna) and which supports communications (transmission or receiving) equipment. The term "telecommunications tower" shall not include amateur radio operators' equipment as licensed by the FCC. Design examples of telecommunications towers are described as follows: self-supporting lattice; guyed; and monopole.
§ 200-23 Use districts where allowed.
Subject to the provisions of this section, personal wireless communications facilities and communications towers shall be allowed only in the F-1 Districts.(Factory or Industrial Districts) or upon Village-owned property in any district.
§ 200-24 Regulations.
The placement, construction and major modification of all personal wireless telecommunications facilities and telecommunications towers within the boundaries of the Village of Middleport shall be permitted only by special permit, upon site plan approval issued by the Zoning Board of Appeals and issuance of a building permit, and subject to all the provisions of this chapter and all other applicable regulations. This article shall take precedence over any inconsistent provisions of this chapter.
All new telecommunications antennas which are not attached to telecommunications towers shall comply with the provisions of this chapter.
Any applications pending for telecommunications towers, antennas or accessory structures on the effective date of this shall be subject to the provisions of this article.
To preserve the aesthetic and scenic value of the Village, new telecommunications facilities shall be sited on existing telecommunications towers, unless the applicant demonstrates unequivocally that collocation is not possible. Any existing permit shall, regardless of additional expense or modification of facilities, allow and encourage collocation on its facilities. If collocation is not possible, such facilities shall be located in the area already in use for telecommunications towers, as close as possible to existing towers. At the option of the Village Board, any telecommunications towers, antennas or accessory structures shall be located on Village-owned property.
Applications under this article shall be made as follows: applicants for a special permit to place, construct or modify personal wireless telecommunications facilities within the Village of Middleport shall submit the following information to the Zoning Board of Appeals for its referral to a professional engineer or consultant for review and recommendation:
Visual environmental assessment form (visual EAF). Landscaping plan and visual assessment report including appropriate models and photography assessing the visibility from key viewpoints identified in the visual EAF, existing tree lines and proposed elevations.
A preliminary report prepared by a licensed professional engineer describing:
The feasibility of collocation on existing structures and telecommunications facilities.
The applicant's full map and grid coverage in the Village.
Surrounding topography and relation to line of sight transmission.
Available road access, electric power and land-based telephone lines and/or microwave link capability.
Required improvements or construction activities, including those within the public right-of-way or lands owned or controlled by the Village of Middleport.
The identity of location, ownership and usage of currently existing telecommunications facilities within the Village.
Plans for construction of telecommunications accessory equipment building or structure and landscaping plan.
Proposed mitigation measures for visual impacts.
Proposed safety measures.
Compatibility with existing telecommunications networks, the NYS Thruway Authority telecommunications network and public safety and emergency networks, such as fire, ambulance, police and 911.
In the case of an application for a telecommunications tower, additional information shall be provided describing the telecommunications tower's height and design, including a cross section of the structure; the telecommunications tower's compliance with applicable structural standards; and the telecommunications tower's capacity, including the number and type of telecommunications antennas it can accommodate and the basis of calculation of capacity.
In the case of a telecommunications antenna mounted on an existing structure, additional information shall be provided indicating the existing structure's suitability to accept the telecommunications antenna; the proposed method of affixing the telecommunications antenna to the structure; and complete details of all fixtures and couplings, and the precise point of attachment.
A demonstration of need for the proposed telecommunications facility showing the impracticality of upgrading or expanding an existing site.
A demonstration that the proposed site is the most appropriate available site for the location of the cellular telephone facility.
An inventory of existing telecommunications facilities within the Village outlining opportunities for shared use as an alternative to the proposed use. If collocation is not used, the applicant must demonstrate that the proposed telecommunications tower or telecommunications antenna cannot be accommodated on an existing approved telecommunications tower or facility or an existing facility with modifications.
A description of the applicant's long-range plans which project market demand and long-range facility expansion needs within the Village.
Proof of certified mail announcements to all other telecommunications providers in the area declaring the applicant's sharing capabilities and/or siting needs.
A map showing the location of the premises for which the permit is sought and a sketch plan showing all features of the facility necessary for providing road access, electrical service, land based telephone line connection and/or microwave link capability within the property boundaries of the proposed location.
In the case of an application for a telecommunications antenna or tower to be located on private lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner shall be provided.
Such other information as may be required by the Zoning Board of Appeals or the Village Engineer or Building Inspector.
Special permits issued for personal wireless telecommunications service facilities and telecommunications towers shall be subject to the following general conditions:
Separation distance. Telecommunications facilities shall be separated from all residential dwellings by a distance of 250 feet or 1 1/2 times the height of the tower, whichever is greater.
All telecommunications accessory structures shall comply with zoning setback regulations in the affected zone. In any event, a telecommunications tower shall be set back a distance at least equal to its height. This requirement may be waived by the Zoning Board of Appeals, if other considerations require such waiver. Additional setbacks from all property lines may be required by the Zoning Board of Appeals in order to provide for the public safety and for aesthetic reasons.
Minimal visual impacts. All telecommunications towers and telecommunications antennas shall be sited to have the least possible practical visual effect on the environment.
Lighting. Telecommunications towers shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
Material and paint. Telecommunications towers and telecommunications antennas shall be of a galvanized finish or painted gray above the surrounding tree line and gray or green below the tree line; the mountings of telecommunications antennas shall be nonreflective and of the appropriate color to blend with their backgrounds, unless otherwise required by the FAA.
Screening and architectural character.
Screening may be required by the Zoning Board of Appeals to screen portions of the telecommunications tower and tower base from nearby residential property or important views.
Architectural character. Design measures shall be used to integrate the facilities with existing buildings in the area.
Height. The size of telecommunications sites shall be limited to the minimum required to provide proposed telecommunications services but shall include consideration of height needed for collocation.
Access roads. Plans for access roads shall be submitted as part of the permit application and shall be subject to approval by the Highway Superintendent.
Telecommunications accessory structures. Telecommunications support facilities such as vaults and equipment rooms, utilities and other support structures shall be screened, placed underground, depressed, earth bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.
Telecommunications antennas. Due to their high visibility, dish and parabolic telecommunications antennas shall be located at as low an elevation as possible without compromising the function of the device, preferably on the sides of buildings or ground mounted on slopes below the ridgeline wherever possible, rather than elevated on telecommunications towers. Microwave and satellite dishes shall be of mesh construction wherever possible.
Utility service. At the discretion of the Zoning Board of Appeals, electrical and land-based telephone utilities extended to serve telecommunications sites shall be underground on the applicant's property.
Security provisions. Each site shall have a security program including physical features such as fencing, anticlimbing devices or elevating ladders on the telecommunications towers and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
Safe zone. Telecommunications towers shall be designed so that in the event of failure they will fall within the setback area of the site and/or away from adjacent development.
Noise. Noise-producing equipment shall be sited and/or insulated to minimize noise impacts on adjacent properties.
Annual inspection and report. Unless waived by the Board, telecommunications towers over 100 feet in height, including towers existing on the effective date hereof, shall be inspected annually by a licensed professional engineer or at any other time upon a determination by the Village's Building Inspector that the telecommunications tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Village Building Inspector.
Removal. All telecommunications facilities, including but not limited to antennas, towers and accessory structures, shall be dismantled and removed from the site when they have been inoperative, abandoned or had their special permits revoked for six months. Applicants shall post a bond or other suitable undertaking as a condition of the use permit in order to guarantee removal of abandoned structures.
Postinstallation field report. A postinstallation field report identifying the facility's coverage area, the telecommunications tower's maximum capacity, committed capacity and unused capacity, if any, and collocated users of the telecommunications tower shall be submitted to the Village.
Proof of insurance. The applicant shall annually provide the Village Clerk with proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof.
Special permit term. Special permits granted pursuant to this section shall be issued for a term of one year. Permits may be renewed yearly, without the need of a public hearing.
To the extent determined by the Zoning Board of Appeals, the application shall provide for the placement of antennas and other telecommunication devices on its facilities for public safety organizations.
The applicant shall pay for the costs of the Village's engineers and attorneys for time spent reviewing and analyzing the application in the actual amount billed, not exceeding the amount of $5,000.
Application fee. The applicant shall pay an application fee in the amount of $500, or such other amount as the Village Board may, from time to time, determine by resolution, upon filing of its application to cover the expense of processing the application, exclusive of costs covered by Subsection F(21) above. Such fees shall be paid for each annual renewal.
The Zoning Board of Appeals may grant the special permit, deny the special permit or grant the special permit with written stated conditions. Denial of the special permit shall be by written decision based upon substantial evidence submitted to the Board. Incompatibility with the character or aesthetic nature of the neighborhood or the Village as a whole shall be sufficient ground for denial of the special permit.
The special permit shall not be assignable or transferable.
§ 200-25 Revocation.
If the applicant violates any of the conditions of its permit or violates any other local, state or federal laws, rules or regulations, this shall be grounds for revocation of the special permit. Revocation may occur after the applicant is notified of the violations and the Zoning Board of Appeals holds a hearing on the same.