Ogden City Zoning Code
ARTICLE XIV
Telecommunications Towers
§ 300-113 Enabling authority.
The Planning Board of the Town of Ogden is hereby authorized to review and approve, approve with modifications or disapprove special use permits and site plans for telecommunications towers consistent with the provisions of Town Law § 274-a and 274-b.
§ 300-114 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An accessory facility serves the principal use, is subordinate in area, extent and purpose to the principal use and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include, but not be limited to, radio navigation, radio, television and microwave communications. The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz.
A complete map of all existing or proposed tower locations within the Town of Ogden, as well as a complete map of all existing or proposed tower locations in all Towns adjoining the Town of Ogden, together with such narrative or technical data or information as the applicant shall deem relevant or necessary so as to establish the necessity of each tower site which is the subject of the application.
A complete map of the Town of Ogden, inventorying and identifying all preexisting structures, municipal buildings or lands, public utility buildings, lands or rights-of-way or special geographic areas (i.e., hills, wooded areas, naturally screened areas), together with such narrative or technical data or information as the applicant or Town shall deem relevant or necessary so as to establish whether or not any of such structures or areas may be suitable for any proposed tower site.
Complete maps, plans, narrative, overlays and analysis of the propagation studies for the proposed tower site, together with all propagation studies for all other proposed or existing tower sites within the Town of Ogden or elsewhere which adjoin the proposed tower site or which may impact on the siting process for the proposed tower location.
Those zoning classifications of land within the Town of Ogden, as more particularly described in Chapter 300, Article V, of the Town Code. For the purposes of this article, telecommunications towers shall be located, whenever possible, in industrial or commercial districts, as defined in such sections, or upon municipal or public utility lands, rather than upon residential or agricultural district lands.
A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions set forth for such use subject to approval by the Planning Board.
A structure on which transmitting and/or receiving antennas are located.
A zoning overlay map of the Town of Ogden, adequately identifying each separate zoning district of the Town as it relates to the proposed grid analysis, propagation map and preexisting structures maps, respectively.
§ 300-115 Purpose.
The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Ogden while providing a unified and uniform procedure and process to process and establish a telecommunications network within the Town of Ogden consistent with applicable federal and state regulations, giving due regard for the need to protect the natural features and esthetic characteristics of the Town.
§ 300-116 Application of special use regulations.
A.
No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.
B.
These regulations shall apply to all property within the Town of Ogden in the order of priority and preference hereinafter provided for.
D.
Where these regulations conflict with other laws and regulations of the Town of Ogden, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.
§ 300-117 Compliance with State Environmental Quality Review Act.
The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
§ 300-118 Special use standards.
A.
Site plan. An applicant shall be required to submit a site plan as described in Chapter 254 of the Code of the Town of Ogden.
(1)
The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennae and justification for any land or vegetation clearing required. The site plan shall include or there shall be separately submitted a grid map with zoning overlay, propagation maps and preexisting structures also noted thereon. The applicant shall be required, whenever possible, to locate the proposed tower facility in the most restrictive zone and with due consideration given to existing facilities, as depicted upon the overlay map. Whenever possible, tower facilities shall be sited upon governmental or municipally owned property or properties owned or controlled by public utilities. The applicant shall be further required to adjust the grid map to the fullest extent possible so as to take advantage of the existing structures and facilities and so as to locate the proposed facility within the most restrictive zone so as to lessen the impact upon residential structures.
(2)
In addition to other site plan requirements, an application for a telecommunications tower shall include the following additional information:
(a)
The location of all structures, trees exceeding four inches in diameter (measured at a height of four feet off the ground) and other significant and/or unusual features on the site and on any other adjacent property within 20 feet of the property line.
(b)
The location, type and size of any trees in excess of four inches in diameter (measured at a height of four feet off the ground) which are proposed to be removed.
(c)
All information prepared by the manufacturer of the antenna or tower, or the applicant for which a special use permit is being sought, including, but not limited to, the following:[1]
[1]
Make and model of tower to be erected.
[2]
Manufacturer's design data for installation instructions and construction plans.
[3]
Applicant's proposed tower maintenance and inspection procedures.
[4]
Applicant's proposed maintenance and inspection schedules.
[5]
Applicant's maintenance and inspection records system.
[6]
Anti-climb devices for the tower and any guy wires.
(3)
Additionally, the Planning Board shall require that the site plan include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.
B.
Construction materials. To the extent possible, all towers shall be of a metal monopole construction, and the Board shall have the authority to require that the applicant construct such tower of such materials and in such a configuration, including, but not limited to, camouflage, "tree" construction and such other methods then available so as to lessen the visual impact to the fullest extent possible.
C.
Government services. Adequate provision shall be made such that all municipal emergency services, including, but not limited to, police, fire and ambulance services, may be located upon the tower. These emergency services shall have the use of the tower facility for emergency communications purposes without charge.
D.
Limitation on number of towers. No more than one tower facility shall be allowed on any tax parcel within the Town, and no existing tax parcel may be subdivided solely for the purpose of obviating this provision.
E.
Shared use.
(1)
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
(2)
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. Those costs include, but are not limited to, structural reinforcement, preventing transmission or receive interference, additional side screening and other changes, including real property acquisition or lease required to accommodate shared use.
(3)
In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
F.
Setbacks. Towers and antennas shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on-site substantially all ice-fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. All towers and antennas shall maintain a minimum setback equal to the height of the tower (and any antenna or other fixtures affixed to the top of the tower) plus 25 feet, unless sufficient engineering detail shall be provided to warrant a lesser setback.
G.
Visibility.
(1)
All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
(2)
Towers shall not be artificially lighted except to ensure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA. In all cases, freestanding towers shall be preferable to guyed structures. Towers should be designed and sited so as to avoid, whenever possible, application of the FAA lighting and painting requirements.
(3)
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
H.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit use. Additionally, all trees meeting the criteria of four inches at four feet that will be removed must be cataloged and mapped as part of permit application. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.[2]
I.
Screening. Deciduous or evergreen tree plantings may 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. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to ensure plant survival. Plant height in these cases shall include the height of any berm.
J.
Site access and fencing. The site plan shall detail the means of access to the tower site and all security or safety fencing proposed. Such detail shall include, but shall not be limited to, gate location, roadway location and design, height and type of fencing, and security measures, if any, for the site. Proper gating or other measures of securing the access road so as to eliminate nuisance usage must be considered and may be required by the Planning Board as a condition of approval.
K.
Height. No structure erected under the authority of this chapter shall exceed 190 feet in total height, including any antenna, light, lightning protection device of any other thing affixed to said tower when measured from the average elevation of the ground surface immediately surrounding the location of the structure.
L.
Access and parking. A road and parking will be provided to ensure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. 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. Road grades shall closely follow natural contours to ensure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.
M.
Town review fees. In addition to the application fee, the applicant shall be responsible for any and all expert fees which are incurred by the Town in the review of the application, including review by engineers and consultants employed by the Town. As security for this, an applicant shall pay on account with the Town an amount as defined in the Town's fee schedule at the time of application. Any additional engineering or consultant's fees incurred by the Town over and above such sum shall be invoiced to the applicant from time to time, and these fees shall be paid prior to any vote by the Planning Board on the application. No certificate of occupancy or certification of completion or compliance shall be issued until all unpaid fees have been paid.
N.
Radio emissions. Radio emissions from any towers and/or antennas attached to it shall conform to applicable Federal Communications Commission regulations on emissions. The Planning Board shall request proof of compliance with these standards. No certificate of occupancy or certificate of compliance shall be issued by the Building Inspector or Code Enforcement Officer without satisfactory proof of compliance with this requirement.
§ 300-119 Security for maintenance and removal.
A.
The applicant shall submit, as part of its application, a detailed cost analysis and estimate of the annual costs associated with the maintenance of the proposed tower, accessory structures, access roadway, and all other improvements, as depicted upon the site plan. Such estimate shall be reviewed by the Town Engineer, and upon establishment of the annual costs of such maintenance the applicant shall post a letter of credit, or other financial security acceptable to the Planning Board, so as to assure the performance of such annual maintenance services.[1]
B.
Removal of tower. In the event that a telecommunications tower is no longer used for the purposes specified in the application, or the communication facility ceases operations for a period of 90 days, such tower, structures and facilities shall be dismantled and removed from the site within 30 days of receipt of a written notice from the Building Inspector and/or Code Enforcement Officer. Prior to the issuance of a building permit the owner and operator of a communications tower shall provide the Town with a letter of credit or other financial security acceptable to the Planning Board. The estimate shall be prepared by the applicant's licensed engineer, verified by the Town Engineer (or the engineer hired by the Town to evaluate the application, if different from the Town Engineer) and approved, as to form, by the Town Attorney. The amount of such financial security shall be approved by the Planning Board.
C.
Failure of the applicant to continuously maintain in full force and effect such letters of credit or other financial security shall automatically terminate all permits or approvals granted with respect to such site or sites and shall constitute a violation of the provisions of this article.
§ 300-120 Authority to impose conditions.
The authorized Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower or special use or site plan.