Poestenkill Town City Zoning Code
ARTICLE XVII
Personal Wireless Services Facilities
[Added 5-21-2003 by L.L. No. 2-2003[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 150-96 Enabling authority.
A.
The Planning Board of the Town of Poestenkill is hereby authorized to review and approve, approve with conditions, or disapprove applications for special use permits for personal wireless services facilities, consistent with this article, this chapter and other applicable laws, ordinances and regulations of the Town of Poestenkill, and Town Law § 274-b.
B.
The Planning Board of the Town of Poestenkill is hereby further authorized to review and approve, approve with modifications, or disapprove site plans for personal wireless services facilities, consistent with this article, this chapter, other applicable laws, ordinances and regulations of the Town of Poestenkill, and Town Law § 274-a.
§ 150-97 Purpose.
A.
The purpose of this article is to promote the health, safety, and general welfare of the citizens of the Town of Poestenkill; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of 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; to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping; to protect and preserve the Town's scenic beauty, aesthetic character and natural features, including particularly the viewshed of the Rensselaer escarpment; to minimize any potential impacts upon local air traffic and the safe and efficient operation and use of the small aircraft facility situate within the Town; and to preserve and protect property values within the Town of Poestenkill.
B.
The regulations in this article are intended to be consistent with the Telecommunications Act of 1996 in that:
(1)
The regulations do not prohibit or have the effect of prohibiting the provision of personal wireless services;
(2)
The regulations are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and
(3)
The regulations do not seek to regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with Federal Communications Commission (FCC) regulations covering such emissions.
§ 150-98 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY FACILITY
Any accessory facility or structure serving or being used as part of a personal wireless services facility and located on the same lot. Examples of an accessory facility are utility or transmission equipment storage sheds or cabinets.
FALL-DOWN ZONE
The radius around a telecommunications tower within which all portions of the tower and antenna would fall in the event of a structural failure of the tower.
MAJOR PERSONAL WIRELESS SERVICES FACILITY
Any personal wireless services facility that is not a minor personal wireless services facility and/or requires the erection of a new telecommunications tower, proposed to be used for the provision of personal wireless services.
MINOR PERSONAL WIRELESS SERVICE FACILITY
Any personal wireless services facility installed on, in, or to any existing building or other existing structure, including, but not limited to, any existing telecommunications tower, pole, other utility tower or pole, smokestack, steeple, water tank, billboard or other signage or streetlight, comprised solely of antennas and ancillary and accessory telecommunications equipment, which do not individually or in the aggregate extend farther than 20 feet above the highest point of the existing building or structure on which the personal wireless services facility is installed.
100% CLEAR ZONE
The area where, in the event of a telecommunications tower failure, the entire height of the tower would fall completely within the boundaries of the property in which it is located.[1]
PERSONAL WIRELESS SERVICES
The provision of personal wireless services, including, but not limited to, the provision of commercial mobile radio services such as cellular service, personal communications service (PCS) and specialized mobile radio services; unlicensed wireless services; and common carrier exchange access services, which services are regulated by the Federal Communications Commission in accordance with Section 704 of the Telecommunications Act of 1996.
REGIONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Any facility or equipment (including repeaters) used in connection with the provision of personal wireless services, including, but not limited to, antenna(s), ancillary and accessory telecommunications equipment, telecommunications towers and access.
STEALTH INSTALLATION
Any personal wireless services facility designed and/or constructed so as to blend into the surrounding area, including, but not limited to, telecommunications towers and/or telecommunications antennas designed to resemble trees and silos.
TELECOMMUNICATIONS ANTENNA
Any antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). Design examples of telecommunications antennas are whip, panel, and dish.
TELECOMMUNICATIONS TOWER
Any freestanding tower, lattice structure or framework, monopole or similar structure used for the provision of personal wireless services and designed to support personal wireless services transmission, receiving and/or relaying antennas and/or equipment.
[1]
Editor's Note: The original definition of "person," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now the definition of "person" in § 150-4B.
§ 150-99 Application of special use permit regulations.
A.
The siting, placement, construction and modification of all personal wireless services facilities within the boundaries of the Town of Poestenkill shall be permitted only upon the issuance of a special use permit and site plan approval by the Planning Board and the issuance of a building permit by the Code Enforcement Officer, subject to all of the provisions of this article and all other applicable laws, ordinances and regulations.
B.
All personal wireless services facilities lawfully existing as of the effective date of this article shall be allowed to remain and continue in their current use.
C.
No existing or approved personal wireless services facility shall be hereafter used, erected, moved, reconstructed, changed, or altered except in conformity with the requirements of this article. This provision does not require approval for routine maintenance of personal wireless services facilities.
D.
No existing structure shall be modified to serve as a personal wireless services facility except in conformity with this article.
E.
Minor personal wireless services facilities may be approved in all zoning districts within the Town upon the issuance of a special use permit, site plan approval and issuance of a building permit, as hereinbefore provided.
F.
Major personal wireless services facilities may be approved in Rural Residential 1 (RR-1), Rural Residential 2 (RR-2), and Rural Agricultural (RA) Zoning Districts upon the issuance of a special use permit, site plan approval and issuance of a building permit, as hereinbefore provided. No major personal wireless services facility may be approved in any other district.
§ 150-100 Application for minor personal wireless services facility.
At all times, minor personal wireless services facilities shall be preferred to major personal wireless services facilities.
A.
An applicant proposing to construct a minor personal wireless services facility shall be required to submit:
(1)
A completed application for a special use permit;
(2)
Documentation of intent from the owner of the existing building or existing structure upon which the applicant proposes to locate to allow the shared use;
(3)
A site plan meeting the requirements of this article and other applicable laws and regulations of the Town of Poestenkill. Without intending to limit the foregoing, the site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any proposed methods to conceal the modification of the existing facility shall be indicated on the site plan.
(4)
A report by a licensed professional engineer certifying that the proposed minor personal wireless services facility will not diminish the structural integrity and safety of the existing building or structure and detailing what modifications to the existing building or structure or to the minor personal wireless services facility being proposed will be required in order to certify the above;
(5)
A completed long-form EAF with Visual Addendum;
(6)
A copy of its Federal Communications Commission (FCC) license; and
(7)
A certified report by a qualified RF engineer, as well as calculated data, demonstrating that all radio-frequency emissions from the minor personal wireless services facility are in full compliance with FCC regulations in effect at the time of the application.
B.
If an applicant proposing to construct a minor personal wireless services facility submits complete and satisfactory documentation in accordance with Subsection A above, and if the proposed modifications to the existing building or structure are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all SEQRA requirements, the Planning Board shall grant a special use permit without further review under this article. If the Planning Board determines that the proposed modifications are significant, it may require further review as hereinafter provided in this article.
§ 150-101 Application for major personal wireless services facility.
A.
The Planning Board may consider an application for a major personal wireless services facility only where it is established that for physical, technical or financial reasons a minor personal wireless services facility is impractical or will not meet the reasonable needs of the applicant.
B.
The Planning Board may consider an application for a major personal wireless services facility which involves the construction of a new telecommunications tower only where it is established that for physical, technical or financial reasons a major personal wireless services facility which does not include the construction of a new telecommunications tower is impractical or will not meet the reasonable needs of the applicant.
C.
In all cases where a new telecommunications tower is proposed to be constructed, the placement of the new tower on a site already developed with an existing telecommunications tower(s) shall be preferred.
D.
Applicants for a special use permit to site, place or construct a major personal wireless services facility shall submit the following information to the Planning Board:
(1)
A completed application for a special use permit;
(2)
A completed long-form EAF with Visual Addendum; and
(3)
A site plan prepared by a New York State-licensed land surveyor meeting the requirements of this article and other applicable laws and regulations of the Town of Poestenkill, prepared to scale and in sufficient detail and accuracy, showing at the minimum:
(a)
The exact location of the proposed major personal wireless services facility;
(b)
If a new telecommunications tower is proposed, the location of guy wires and guy anchors, if applicable, and the maximum height of the tower;
(c)
Preliminary construction drawings or sketches sufficient to allow the Planning Board to identify the type of construction proposed;
(d)
The color or colors of any proposed telecommunications tower or antenna(s);
(e)
The location, type and intensity of any proposed lighting on any proposed telecommunications tower;
(f)
Surveyed boundaries of the leased or owned property upon which the proposed facility is to be located;
(g)
Written proof, executed and acknowledged in form substantially similar to that required for a recordable conveyance of an interest in real property, of the landowner's consent if the applicant will not own the property upon which the facility is located, together with a copy of any lease or other agreement;
(h)
The location of all other structures within the 100% clear zone, together with the distance to those structures;
(i)
The names and mailing addresses of all landowners who own land adjacent to the property upon which the facility will be placed, as well as those nonadjacent landowners who own land within the 100% clear zone;
(j)
The location, nature and extent of any proposed landscaping, screening and buffering;
(k)
The location of any proposed utility easements and access roads; and
(l)
Building elevation of any accessory buildings or structures.
(4)
A preliminary report prepared by a licensed professional engineer, describing:
(a)
In substantial detail, the precise reasons why a minor personal wireless services facility is not practical or will not meet the reasonable needs of the applicant;
(b)
The applicant's full map and grid coverage in the Town;
(c)
Surrounding topography and relation to line-of-sight transmission;
(d)
Available road access, electric power and land-based telephone lines, and/or microwave link capability;
(e)
Required improvements or construction activities, including those within the public right-of-way or lands owned or controlled by the Town of Poestenkill;
(f)
Identity of the location, ownership and usage of currently existing personal wireless services facilities within the Town of Poestenkill;
(g)
Plans for construction of telecommunications accessory equipment buildings or structures and a landscaping plan;
(h)
Proposed mitigation measures for visual impacts;
(i)
Proposed safety measures; and
(j)
Compatibility with existing telecommunications networks, public safety and emergency networks, fire, police, ambulance, and 911.
(5)
In the case where a new telecommunications tower is proposed, additional detailed information shall be provided, describing the tower height and design, including a cross section of the structure; the tower's compliance with applicable structural standards; the tower's capacity, including the number and type of telecommunications antennas it can accommodate and the basis of calculation of capacity; detailed justification for the proposed height of the tower.
(6)
In the case where a new telecommunications antenna is proposed to be mounted to an existing structure, additional information shall be provided, indicating the existing structure's suitability to accept the telecommunications antenna; the proposed method affixing the telecommunications antenna to the structure; complete details of all fixtures and couplings; and the precise point of attachment. In addition, there shall be provided written certification by a duly licensed professional engineer attesting to the suitability and sufficiency of the attachment method and verifying the integrity and strength of the underlying structure and the fact that said structure can safely support the proposed antenna.
(7)
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer demonstrating the applicant's existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed facility.
(8)
A "search ring" prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the proposed facility needs to be located in order to provide proper signal strength and coverage to the target area.
(9)
Demonstration of the need for the proposed facility showing the impracticality of utilizing a minor personal wireless services facility.
(10)
Demonstration that the proposed site is the most appropriate site for the proposed facility. In cases where a new telecommunications tower is proposed on a site not previously developed with an existing telecommunications tower, the applicant shall further demonstrate that siting the new tower on a site previously developed with an existing telecommunications tower is impractical or will not meet the applicant's reasonable needs.
(11)
Inventory of existing personal wireless services facilities within the Town, outlining opportunities for shared use as an alternative to the proposed major personal wireless services facility. The applicant must demonstrate that its needs cannot reasonably be met by way of a minor personal wireless services facility as an alternative to the proposed facility.
(12)
A line-of-sight or visual impact assessment as follows:
(a)
A "zone of visibility map" shall be provided in order to determine locations from which the proposed facility may be seen.
(b)
Drawings, photographs or computer-generated graphic representations of the views from 1,000 feet away from the north, south, east and west and all natural and man-made features and structures within those views including the proposed facility.
(c)
Pictorial representations of "before" and "after" views from key viewpoints both inside and outside the Town, including, but not limited to, state highways or other major roads, state and local parks, other public land, preserves and historic sites, and from any other location where the proposed facility is visible to a large number of visitors, travelers or tourists.
(d)
An analysis prepared and sealed by a licensed professional engineer or architect detailing the potential visual and aesthetic impacts the proposed facility is likely to have on the surrounding community, scenic vistas and viewsheds, and on the use and enjoyment of public and private property.
(e)
Assessment of alternative tower designs and color schemes.
(13)
Identification of the effects siting and operation of the proposed facility will have on existing personal wireless services facilities, other communications equipment or electromagnetic devices within 1,000 feet of the proposed facility.
(14)
Description of the applicant's long-range plans which project market demand and long-range expansion needs within the Town.
(15)
A certified report from a qualified RF engineer as well as calculated data demonstrating that all radio-frequency emissions from the facility will be in compliance with FCC regulations in effect at the time of the application.
(16)
A copy of the applicant's Federal Communications Commission (FCC) application confirming the location of the proposed project.
(17)
Such other additional information, studies, identification and analysis of alternative sites, and assessments as may be required by the Planning Board or its consultants to fully review and evaluate the potential impact and location of the proposed facility.
§ 150-102 Specific standards for personal wireless services facilities.
The Planning Board shall apply the specific standards hereinafter set forth in its consideration of any application for a special use permit for a personal wireless services facility, such standards to be considered supplemental and in addition to any general standards for special use permits set forth in Article VII of this chapter, or elsewhere in the laws, ordinances and regulations of the Town of Poestenkill:
A.
Minimum lot area. The minimum lot area upon which a major personal wireless services facility involving a new telecommunications tower may be located is 150,000 square feet. Notwithstanding the foregoing, depending upon the configuration of the proposed site and its relationship to neighboring properties, a site in excess of the minimum lot area may be required to ensure the protection of the public health, safety and welfare through both substantial setback from neighboring properties, with special consideration given to properties on which preexisting residential dwellings are located, and proper visual screening of the proposed facility from those properties.
B.
Minimum setbacks. The minimum setback of a telecommunications tower shall be a distance equal to the height of the proposed tower plus 30 feet from any adjoining property line. Setbacks shall apply to all tower parts including guy wires, guy anchors and any accessory facilities. The foregoing notwithstanding, the minimum distance of any telecommunications tower including guy wires and anchors from any single-family or two-family dwelling, as measured from the nearest point to nearest point, shall be 750 feet.
C.
Maximum height. No personal wireless services facility shall exceed 200 feet in height. Notwithstanding the foregoing, all personal wireless services facilities shall be designed at the minimum height necessary to achieve the communication need and function they are intended to fulfill.
D.
Personal wireless service facilities shall be located on a single lot.
E.
Any new telecommunications tower must be designed so as to be structurally capable of reasonably accommodating future shared use.
§ 150-103 Site requirements.
The following site requirements shall be applied by the Planning Board in its consideration of any application for the issuance of a special use permit for a personal wireless services facility and in its consideration of any application for site plan approval for a personal wireless services facility.
A.
Minimal visual impacts. Personal wireless services facilities shall be designed and sited so as to have the least possible practical visual impact on the environment. Accessory buildings or other structures shall employ building materials, colors, textures that are both durable and selected to blend with the natural surroundings.
B.
Lighting. Telecommunications towers shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
C.
Materials and paint. Telecommunications towers and telecommunications antennas shall be of a galvanized finish or painted gray above the surrounding treeline, and painted gray, green, black or similar colors designed to blend into the natural surroundings below the treeline, unless otherwise required by Federal Aviation Administration standards.
D.
Signs. No telecommunications tower or telecommunications antenna shall support any advertising messages or other commercial signs. Non-ionizing warning signs and other signs necessary to meet the requirements of the applicant's FCC license to operate shall be permitted.
E.
Screening. Existing on-site vegetation shall be preserved to the maximum extent practicable to both mitigate the visual impact of the personal wireless services facility and to maintain the stability of soils within the site. Where a personal wireless services facility abuts a residential or public property, the following vegetative screening will be required: one row of native evergreen shrubs or trees capable of forming a continuous hedge at least eight feet in height within two years of planting shall be provided to effectively screen the telecommunications tower base and any accessory buildings or structures. Additional vegetative screening may be required by the Planning Board when necessary to screen portions of the personal wireless services facility from nearby residential property or important views. In addition to vegetative screening, the use of creative architectural design methods and measures to camouflage facilities by integrating them with existing structures and among other existing uses is preferred.
F.
Telecommunications accessory structures. Telecommunications support facilities, such as vaults and equipment rooms, utilities, and other support structures, should be screened, placed underground, depressed, earth-bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.
G.
Telecommunications antennas. Due to their high visibility, dish and parabolic telecommunications antenna should 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 should be of mesh construction wherever possible.
H.
Utility service. Electrical and land-based telephone and/or microwave utilities extended to serve personal wireless services facilities shall be undergrounded.
I.
Safe zone. Telecommunications towers should 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.
J.
Security. Each personal wireless services facility should have a security program, including physical features such as fencing, anti-climbing devices or elevating ladders on the telecommunications tower, and/or monitoring, either by staff or electronic devices, to prevent unauthorized access or vandalism. The fencing shall be, at minimum, eight feet in height, with locking gates, and shall be installed to fully surround the base of the telecommunications tower, including all of its components, and any accessory buildings or other improvements of the facility.
K.
Access and parking. Adequate access to and parking at the personal wireless services facility site shall be provided for both service and emergency vehicles, with maximum use made of existing roadways, either public or private. Any access road to a personal wireless services facility site shall be improved and maintained at no less than the design standards for private roadways as set forth in the Code of the Town of Poestenkill.[1] Moreover, to the extent practicable, any roadway construction required to access a personal wireless services facility shall be carried out in a manner that minimizes 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 assure minimal visual disturbance and reduce soil erosion potential. As a condition of the special use permit and for maintaining a certificate of occupancy or certificate of compliance once issued, any such access roadway shall be maintained throughout the useful life of the personal wireless services facility in a workmanlike manner, including the plowing of snow, periodic trimming of vegetation that may obstruct the cartway, and undertaking of repairs in a timely manner to address any roadway defects, drainage problems, erosion conditions or other circumstances that may develop, so as to ensure the roadway is at all times in a safe and passable condition for both service and emergency vehicles.
[1]
Editor's Note: See Ch. A240, Road Improvement Specifications.
L.
Noise. Noise-producing equipment should be sited and/or insulated to minimize noise impacts on adjacent and nearby properties.
§ 150-104 New telecommunications towers; future shared use.
The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning Board, in the context of any application for a major personal wireless services facility which involves the construction of a new telecommunications tower, a letter of intent committing the owner of the proposed new telecommunications tower and any successor in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. The letter shall be filed with the Code Enforcement Officer prior to the issuance of a building permit for the new telecommunications tower. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special use permit. The letter shall commit the new telecommunications tower owner or any successor in interest to:
A.
Respond within 90 days to a request for information from a potential shared-use applicant;
B.
Negotiate in good faith concerning future requests for shared use of the new telecommunications tower by other telecommunications providers; and
C.
Allow shared use of the new telecommunications tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include but are not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
§ 150-105 Post-installation field report.
A post-installation field report identifying the facility's coverage area, the telecommunications tower's maximum capacity and unused capacity, if any, and co-located users of the facility shall be submitted to the Planning Board within 60 days of the issuance of a certificate of occupancy or certificate of compliance.
§ 150-106 Removal.
All personal wireless services facilities, and all parts and components thereof, and any accessory buildings or other structures appurtenant thereto shall be dismantled and removed from the site when they have been inoperative or abandoned for a period of 18 consecutive months. Intention on the part of any person to resume the use or operation of the facility at some future time shall not provide an exemption from this requirement. Applicants shall post a bond or other suitable undertaking as a condition of the special use permit in order to guarantee removal of the abandoned structures. The bond or undertaking shall be continued in effect during the life of the facility. The amount of the bond or undertaking shall be set by the Town Board, considering any input from the Planning Board, prior to the issuance of the special use permit. Anything hereinabove to the contrary notwithstanding, in the event of any failure of the owner or operator of any facility permitted hereunder to provide inspections, reports, certifications, insurances or services required hereunder, after having been given 10 days' notice of said deficiency, shall be grounds for immediate termination of the special use permit and shall further constitute an abandonment of the facility which entitles the Town to demand removal thereof in accordance with this section.
§ 150-107 Evaluation by independent consultants.
Upon submission of an application for the issuance of a special use permit or for site plan approval for a personal wireless services facility, the Planning Board shall retain an independent consultant, at a reasonable rate to be paid by the applicant, to assist the Planning Board in the technical review of the application. The consultant shall be a qualified professional in the field of telecommunications engineering, structural engineering, landscape architecture, or any other relevant field deemed appropriate by the Planning Board. The consultant may reasonably engage the services of other professionals, at reasonable rates to be paid by the applicant, to assist in the review of aspects of the application in which he has no expertise. Upon being retained by the Planning Board, the consultant shall confer with the Town Clerk regarding the establishment of an escrow fund for the project. The Town Clerk shall advise the applicant, from time to time, of the amounts which must be placed in escrow by the applicant to fund the review of the application by the consultant. Sufficient escrowed funds shall be deemed a condition to continued review of the application by the Planning Board.
§ 150-108 Required inspections.
A.
All major personal wireless services facilities which include a telecommunications tower shall be inspected annually by a licensed professional engineer and a copy of the certified inspection report filed with the Town Code Enforcement Officer. The said certified inspection report shall be filed within 60 days of the first and each succeeding anniversary of the issuance of the original certificate of occupancy or certificate of compliance authorizing the use of the facility.
B.
All major personal wireless services facilities which do not include a telecommunications tower and all minor personal wireless services facilities shall be inspected biennially (i.e., every two years) by a licensed professional engineer and a copy of the certified inspection report filed with the Town Code Enforcement Officer. The said certified inspection report shall be filed within 60 days of the first and each succeeding biennial anniversary of the issuance of the original certificate of occupancy or certificate of compliance authorizing the use of the facility. Said inspections shall be solely the responsibility of the permittee as shall be any and all costs associated therewith.
§ 150-109 Intermunicipal notification.
In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County E-911 services, the Planning Board shall require that an applicant whose application entails a new telecommunications tower shall notify in writing the legislative body of each municipality that borders the Town of Poestenkill, the Rensselaer County Bureau of Economic Development and Planning, and the Director of the Rensselaer County Bureau of Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the proposed telecommunications tower and its capacity for future shared use. The applicant shall provide proof of compliance with this provision to the Planning Board at the time of the submission of the application.
§ 150-110 Notification of nearby landowners.
The applicant shall be required to mail notice of the public hearing on any application for the issuance of a special use permit for a personal wireless services facility directly to all landowners whose property is located within 750 feet of the property line of the parcel on which the personal wireless services facility is proposed. Notice shall also be mailed to the administrator of any state, federal or municipal parklands, or any building or structure having historical significance, from which the proposed personal wireless services facility would be visible. Notice shall also be directed to the owners and operators of any aircraft facility located within the Town of Poestenkill. Notification, in all cases, shall be made by certified mail. Documentation of such notification shall be submitted to the Planning Board prior to the public hearing.
§ 150-111 Certificate of insurance required.
Adequate and sufficient liability insurance shall be maintained during the construction period and throughout the life of any personal wireless services facility erected within the Town of Poestenkill. The minimum acceptable amount of liability insurance shall be established by the Town Board, taking into consideration input from the Planning Board based upon its review of the application for a special use permit. Prior to the issuance of the special use permit, documentation that such liability insurance has been secured shall be submitted to the Town in the form of a certificate of insurance naming the Town of Poestenkill, its boards, agents, servants and employees as additional insureds, and in at least the minimum amount specified by the Planning Board. Maintenance without interruption of liability insurance in like or greater amount and with the Town named as an additional insured shall be required as a continuing condition of the special use permit and related certificate of occupancy and/or certificate of compliance.
§ 150-112 Continuing compliance with FCC radio-frequency emission standards.
It shall be the continuing responsibility of any person owning or operating a personal wireless services facility within the Town of Poestenkill, and a condition of any special use permit granted in connection therewith, to comply with any and all new or superseding regulations pertaining to radio-frequency emissions that may be adopted by either the FCC or other federal regulatory agency. A copy of each report filed with the FCC or any other federal regulatory agency in connection with the personal wireless services facility pertaining to radio-frequency emissions shall be simultaneously filed with the Town Code Enforcement Officer. This requirement shall apply for the life of the facility;
§ 150-113 Permitted actions by Planning Board.
The Planning Board may grant the special use permit, deny the special use permit or grant the special use permit with written stated conditions. Without intending to limit the foregoing, the Planning Board is specifically authorized to require, as a condition of the granting of a special use permit for a personal wireless services facility, that the facility be designed and built to blend into the surrounding area, including, but not limited to, facilities commonly referred to as "stealth installations." Examples of such facilities are telecommunications towers and/or telecommunications antennas designed to resemble trees and silos. Denial of the special use permit shall be by written decision of the Planning Board, which shall set forth the reasons and bases for the Board's denial.
§ 150-114 Exempted telecommunications facilities.
The following are exempted from the requirements of this article:
A.
Fire, police and other emergency dispatch services where the telecommunications facilities are less than 50 feet above the ground, or are less than 20 feet above the average roofline if originating from the roof of the building;
B.
Nonbusiness television or radio reception, private citizen band, amateur radio, and other similar communications system utilizing a tower and antenna, which do not exceed 35 feet above the ground, or which do not exceed 20 feet above the average roofline if originating on the roof. For the purposes of this provision, "nonbusiness" shall mean a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee or person(s) in control of the facility.
§ 150-115 Application fee.
The application fees for a special use permit for a minor personal wireless services facility, for a special use permit for a major personal wireless services facility which does not include a new telecommunications tower, and for a special use permit for a major personal wireless services facility which includes a new telecommunications tower shall be as specified and set forth in the Schedule of Fees legislated by the Poestenkill Town Board in effect as of the date of submission of the application. Such application fee shall be in addition to the escrow fund required pursuant to § 150-108 of this article.