Mount Morris Town City Zoning Code
ARTICLE XII
Wireless Telecommunications Towers
[Added 1-3-2001 by L.L. No. 1-2001[1]]
[1]
Editor's Note: Section 1 of this local law reads as follows: Legislative Intent and Purpose. The purpose of this Local Law is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this Local Law are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
§ 48-61 Applicability.
This article shall apply to the following:
A.
New towers and antennas. All new towers or antennas shall be subject to these regulations, except as provided in Subsections B through D, inclusive, of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Amateur radio station operators/receive only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
C.
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 48-62F and G.
D.
AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
§ 48-62 General requirements.
The siting, construction and use of wireless communication towers shall be subject to site plan review pursuant to Chapter 37 of the Code and shall be permitted only by the issuance of a special permit by the Planning Board pursuant to Article VIII of this Chapter 48. In addition to the foregoing, the following regulations shall also apply:
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
B.
Lot size. 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 requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lot.
C.
Inventory of existing sites. As part of any application for a tower, each applicant for an antenna and/or tower shall provide to the Zoning Enforcement Officer an inventory of all existing towers, antennas or structures, or sites approved for towers or antennas which exceed 75% of the height of the proposed tower that are either within the Town of Mount Morris or within one mile of the border thereof Such inventory shall include specific information about the location, height and design of each tower.
D.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral 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.
(4)
If towers or antennas are required by either FAA regulation or permit condition to be painted any color which varies from the above, the applicant must provide to the Planning Board, as part of the application documents, copies of any and all FAA documents requiring such painting.
E.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is so required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. The applicant must submit written proof of such requirement as part of its application documentation.
F.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
G.
Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Mount Morris concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. In furtherance of the provisions hereunder, the town shall reserve the right to engage professional consultants, including but not limited to qualified engineers, to engage in the aforesaid inspection. The expense of engaging such consultants shall be paid by the applicant, and the payment of any such reasonable fees or expenses shall be a condition of any permit authorizing the construction of the tower.
H.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town of Mount Morris irrespective of municipal and county jurisdictional boundaries.
I.
Not essential services. To the extent permitted by federal and state laws, towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.
J.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system have been obtained and shall file a copy of all required franchises with the Zoning Enforcement Officer.
K.
Signs. No signs shall be allowed on an antenna or tower.
L.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with any and all of the requirements of the Town of Mount Morris Site Plan regulations as contained in Chapter 37 of the Code of the Town of Mount Morris, as well as any other state or local building code, or any other provision of the Code of the Town of Mount Morris.
M.
Multiple antenna/tower plan. The Town of Mount Morris encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
N.
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this article would be better served thereby:
(1)
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line.
(2)
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
O.
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this article would be better served thereby:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b)
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | |
|---|---|
Off-site Use/Designated Area | Separation Distance |
Single-family or duplex residential units1 | 200 feet or 300% height of tower, whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower,2 whichever is greater |
Vacant unplatted residentially zoned lands3 | 100 feet or 100% height of tower, whichever is greater |
Existing multifamily residential units greater than duplex units | 100 feet or 100% height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
NOTES: | |
|---|---|
1 | Includes modular homes and mobile homes used for living purposes. |
2 | Separation measured from base of tower to closest building setback line. |
3 | Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex. |
(2)
Separation distances between towers.
(a)
Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2 | ||||
|---|---|---|---|---|
Existing Towers - Types | ||||
Lattice | Guyed | Monopole feet in Height or Greater | Monopole Less Than 75 Feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
P.
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Board may waive such requirements as it deems appropriate.
Q.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this article would be better served thereby:
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(3)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
R.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. No antenna shall be mounted on any building or structure other than a tower specifically constructed for supporting said antenna unless the applicant demonstrates that there are no alternative sites suitable for constructing a tower.
(2)
Antennas mounted on utility poles or light poles. Antennas shall not be mounted on utility pole or light poles.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 100 square feet of gross floor area or be more than six feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(4)
Modification of building size requirements. Any building size requirements set forth in this chapter may be modified by the Planning Board to encourage collocation.
§ 48-63 Supplementary application information.
In addition to the requirements set forth in Chapter 37 of the Town Code and Article VIII of this chapter, applicants for special use permits for wireless communications towers shall submit the following information:
A.
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed to be necessary to assess compliance with this article.
B.
Legal description of the parent tract and leased parcel (if applicable).
C.
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
D.
The separation distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
E.
A landscape plan showing specific landscape materials.
F.
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
G.
A description of compliance with all applicable federal, state or local laws.
H.
A sworn statement verified by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
I.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
J.
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
§ 48-64 Factors considered in granting special use permits for towers.
In addition to any standards for consideration of special use permit applications pursuant to Article VIII of this chapter, the Planning Board shall consider the following factors in determining whether to issue a special use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this article are better served thereby:
A.
Height of the proposed tower;
B.
Proximity of the tower to residential structures and residential district boundaries;
C.
Nature of uses on adjacent and nearby properties;
D.
Surrounding topography;
E.
Surrounding tree coverage and foliage;
F.
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
G.
Proposed ingress and egress; and
H.
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as hereinafter discussed in § 48-65 of this article.
§ 48-65 Availability of suitable existing towers, other structures or alternative technology.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
A.
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
B.
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
C.
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
D.
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
E.
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
F.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
G.
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
§ 48-66 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. 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. As a condition to the approval of any special use permit, the Planning Board may require the posting of a performance bond to secure compliance with this section.
§ 48-67 Nonconforming uses.
A.
Not expansion of nonconforming use. Towers that are constructed and any antennas that are installed, whether initially or on a co-location basis, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
B.
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.
C.
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
§ 48-68 Permit consulting fees.
The issuance of any permit or approval for the construction of a wireless communications tower shall be conditioned upon reimbursement by the applicant to the town for any reasonable legal, engineering or technical consulting fees incurred by the town in the review of the application.
§ 48-69 Trees adjacent to right-of-way.
[Added 8-19-2004 by L.L. No. 2-2004]
All trees, shrubs, edges and other similar vegetation lying within five feet of the right-of-way of any Town roadway and within 200 feet of an intersection of any two roadways may be removed by the Town at its expense. In addition, there shall be no new trees planted within five feet of the right-of-way of any Town roadway, except for replacement trees planted within six months of removal of a prior tree. If a new tree is so planted, it shall be immediately removed by the relevant property owner(s) or the Town shall remove same at the property owner(s)' expense.