Owasco Town City Zoning Code
ARTICLE XII
Wireless Telecommunications Facilities
§ 150-86 Purpose and intent.
The purpose of this article is to promote health, safety, and the general welfare of the residents of the Town of Owasco; to provide standards for safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of wireless telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from wireless telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping.
§ 150-87 Applicability.
This article applies to all wireless telecommunications facilities as defined in § 150-88 sited, placed, built, constructed, modified, or prepared for any site as of the effective date of this article.
Wireless telecommunications systems constructed prior to the effective date of this article are not required to meet the requirements of this article.
Any upgrade, visible modification, or structural change that alters the size or placement of an existing wireless telecommunications facility shall comply with the provisions of this article.
§ 150-88 Definitions.
As used in this article, the following terms shall have the meanings indicated.
An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
The use of an existing tower or structure to support antennas by more than one wireless telecommunication provider.
The Federal Aviation Administration, or its duly designated and authorized successor agency.
The area on the ground within a prescribed radius from the base of a wireless telecommunications facility within which there is a potential hazard from falling debris (such as ice) or collapsing material.
The Federal Communications Commission, or its duly designated and authorized successor agency.
When referring to a tower, the distance measured from the preexisting grade level to the highest point on the tower, even if said highest point is an antenna or lightning protection device.
The addition, removal, or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking, and/or an upgrade or changeout of equipment for better or more modern equipment. A modification shall not include the replacement of any components of a wireless telecommunications facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless telecommunications facility without addition, removal, or change.
A type of low-energy radiation that does not carry enough energy per quantum to completely remove an electron from an atom or molecule. Non-ionizing electromagnetic radiation includes visible, infrared, and ultraviolet light, microwaves, radio waves, and radiofrequency energy from cell phones.
To minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
A company that provides wireless services. As used in this article, "carrier" shall also include companies that build wireless telecommunication facilities and/or lease tower space to other carriers.
Any structure used in the provision of services described in the definition of "wireless telecommunications facilities."
Any commercial equipment and/or structures used, or intended to be used, in connection with the provision of wireless telecommunication services, including cellular telephone services, personal communication services, paging, 911, commercial satellite services, radio and television broadcast communications, and private radio communications services, and are regulated by the Federal Communications Commission (FCC), both in accordance with the Telecommunications Act of 1996 and other federal laws. A structure, facility, or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices, including, without limit, towers of all types and kinds and structures, including, but not limited to, buildings, church steeples, silos, water towers, signs, or other structures that can be used as a support structure for antennas or the functional equivalent of such are included in this definition. It further includes all related facilities and equipment such as cabling, wires, supporting masts, equipment shelters, storage sheds, and other structures associated with the site.
§ 150-89 General criteria.
Special use permit required. No wireless telecommunications facility shall be permitted to be sited, placed, built, constructed, modified, or prepared for any site as of the effective date of this article without having first obtained a special use permit in accordance with the provisions of Article VI and the supplemental provisions stated herein. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those noncommercial exceptions noted in § 150-90.
General requirements. The facility shall:
Be necessary to meet current or expected demands for service. Documentation shall be provided that demonstrates and proves the need for the wireless telecommunications facility to provide service primarily and essentially within the Town including, but not limited to, propagation studies of the proposed site and all adjoining planned, proposed, in-service, or existing sites that demonstrate a significant gap in coverage and/or, if a capacity need, an analysis of current and projected usage.
Conform with all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies.
Be designed and constructed in a manner which minimizes visual impact to the extent practical.
Comply with all other requirements of this article, unless expressly superseded herein.
Be the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility.
When including the construction of a tower, such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special use permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan review in accordance with the requirements specified in Article V.
The Planning Board may disapprove a special use permit for a wireless telecommunications facility for an of the following reasons:
Conflict with safety and safety-related codes and requirements.
Conflict with the historic nature or character of a neighborhood or historic district.
The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation.
The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other services providers.
Conflicts with the provisions of this article.
Co-location. The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special use permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to co-locate within (share) an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying existing telecommunications facility sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one or more of the following reasons:
The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned use for those facilities.
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented.
Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably.
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures.
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such collocation.
Dimensional standards.
A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any antenna(s) attached upon its zenith. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not contain any structure other than those associated with the telecommunications facility.
All telecommunications facilities shall be located on a single parcel.
All telecommunications facilities shall comply with the setback standards of the underlying zoning district. The size of the leased or owned lot shall be, at a minimum, sufficiently large to include the entire fall zone. A lot leased or owned for the purpose of construction of a tower as part of telecommunications facility shall not result in the creation of a nonconforming lot.
The frontage requirement of the underlying zoning district shall not apply, provided the telecommunications facility is not proposed on a parcel to be partitioned specifically for the facility and/or is designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or ownership, shall be in accordance with § 150-89F herein.
Height. The applicant shall submit documentation justifying the total height of any tower, facility, and/or antenna requested and the basis therefor. Documentation in the form of propagation studies must include all backup data used to perform at requested height and a minimum of 10 feet lower height to allow verification of this height need. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Town, to the extent practicable, unless good cause is shown.
Lighting and marking.
Towers shall not be artificially lighted and marked beyond requirements of the Federal Aviation Administration (FAA).
Notwithstanding § 150-89D(1) an applicant may be compelled to add FAA-style lighting and marking, if, in the judgment of the Zoning Board of Appeals, such a requirement would be of direct benefit to public safety.
Appearance and buffering.
The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited.
The facility shall have the least practical visual effect on the environment, as determined by the Zoning Board of Appeals. Any tower that is not subject to FAA marking, pursuant to § 150-89D(1) and (2) shall otherwise:
Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Zoning Board of Appeals; or
Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.
Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings.
The Planning Board may require a State Environmental Quality Review (SEQR) full EAF (environmental assessment form) for proposed facilities at key viewpoints in the community. A visual environmental assessment form (Visual EAF), may be required as an addendum to either the full or short EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF.
The Planning Board shall require that the facility have appropriate vegetative buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public.
Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.
Access and parking.
Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunications facilities must be at least 20 feet, but no more than 30 feet wide, and closely follow natural contours to ensure minimal visual disturbance and reduce soil erosion potential.
The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway.
Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.
Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.
Security.
Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Zoning Board of Appeals in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site.
Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered.
There shall be no permanent climbing pegs within 15 feet of the ground of any tower.
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.
Engineering and maintenance.
Site plans for all wireless telecommunications facilities must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Code Enforcement Officer.
A NIER Report documenting compliance with the FCC guidelines for human exposure to radiofrequency electromagnetic fields as it applies to the general public and occupational workers in the vicinity of wireless telecommunications facilities must accompany any special use permit application.
The municipality, at the expense of the applicant, may employ its own consultant to assist in review and determination of the findings and conclusions of safety analysis, visual analysis, or structural inspection provided by the applicant.
Removal.
At the time of submittal of the application of a special use permit for a wireless telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.
At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Planning Board, but not less than $100,000.
At time of renewal or modification of the special use permit, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.
§ 150-90 Exclusions.
The following shall be exempt from the provisions of this article:
The Town's fire, police, department of transportation, or other public service facilities owned and operated by the local government.
Any facilities expressly exempt from the Town's siting, building, and permitting authority.
Facilities exclusively for providing unlicensed local area network technologies, such as Wi-Fi and Bluetooth, where the facility does not require a new tower.