Pompey City Zoning Code
ARTICLE III
District Regulations
§ 165-6 Compliance required.
[Amended 5-3-2010 by L.L. No. 1-2010]
Except as herein otherwise provided, no building or structure shall be erected or altered, nor shall any building, structure, land or premises be used for any purpose, other than permitted in the use district in which such building, structure, land or premises is located.
§ 165-7 Regulations limiting use of buildings and land.
A.
To facilitate public understanding of this chapter and for the better administration thereof, the regulations limiting the use of buildings and land are set forth in the annexed schedule for each district established by § 165-3 of this chapter. Such schedule is hereby adopted and declared to be a part of this chapter, hereinafter referred to as the "schedule," and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: The Schedule Limiting the Use of Buildings and Land is included at the end of this chapter.
B.
Whenever in such schedule there appear the words "same as in (designating district) above," such words shall be construed to include the specific limitations set forth in the same column for the district thus referred to. Otherwise, all limitations as to use, percentage of area, permissible height, required yards and minimum sizes thereof and other requirements shall be those set forth in such schedule, which for each district named shall be read across the schedule from left to right.
§ 165-8 Residential Zone District.
No land within the Residential Zone District may be subdivided nor may a lot be established nor permits issued unless in compliance with the following:
A.
Existing lots.
(1)
An existing lot is a parcel of land shown on the Town Zoning Map as adopted on April 20, 1989.
B.
New lots.
(1)
New lots are created through the subdivision of land in accordance with Chapter 144, Subdivision of Land. Creation of two or more lots from an existing parcel, regardless of size, shall be deemed to be a major subdivision within this district.
(2)
The average lot size within a proposed subdivision shall be a minimum of two acres. The minimum lot size shall be one acre.
(3)
The average lot size shall be determined by dividing the area to be subdivided, exclusive of public rights-of-way, by the number of lots created.
(4)
Lot size and configuration may vary at the discretion of the Planning Board, with the provision that the approved lot size and configuration address the unique character of the land, including slopes, drainage, watercourses, soil permeability and groundwater supply, and promote orderly development and/or preservation of the site.
(5)
The Planning Board may authorize creation of a range of lot sizes resulting in the establishment of several small lots and one or more large lots, provided that the following provisions are met:
(a)
Restrictions are filed with the approved subdivision plat and respective deeds stating that such large lots are part of a previous subdivision action and shall not be further subdivided or used to meet the lot size requirements for a future subdivision.
(b)
Such large lot or lots may be used for residential purposes or, if designated as protected open space, shall be preserved and either held in common by the owners of the residentially occupied lots, given to the Town as public open space, given to a not-for-profit organization dedicated to the preservation of natural areas or given to similar organizations acceptable to the Town Planning Board.
§ 165-9 Communication Tower Overlay Zone District.
A.
Applicability. The Communication Tower Overlay Zone shall apply to a property in conjunction with and in addition to the use and geometric controls of the underlying zone district. Controls applicable to communication towers shall supersede the requirements of the underlying zone district.
B.
Establishment of the Communication Tower Overlay Zone. The Town Board, on its own initiative, on recommendation of the Town Planning Board or on request of a property owner, may expand or establish a Communication Tower Overlay Zone on any property within the Town, subject to requirements and procedures applicable to a zone district change established by this chapter or New York State law.
C.
Town Board review process.
(1)
In addition to the procedural requirements applicable to a zone change mandated by this chapter and/or New York State law, the Town Board shall provide at least 30 days for the Town Planning Board and Town Environmental Conservation Commission to review and comment on any new or expanded boundary modifications.
[Amended 12-4-1995 by L.L. No. 5-1995]
(2)
All proposals shall include the following:
(a)
Survey showing property boundaries, proposed overlay zone boundary and underlying zone district classifications.
(b)
Site plan of property showing topography of the site at twenty-foot contour intervals.
(c)
Topographic map of area within 2,000 feet of the site.
(d)
Map of surrounding land uses and structures within 1,000 feet of the site.
(e)
Narrative discussion of how the site relates to the scenic quality of the area and the impacts, if any, upon the landscape, proposed mitigating measures and the availability of alternative sites.
(4)
The Town Board may designate an applicant or agency to provide the necessary information and may require that additional information be provided in order to render a decision.
D.
Permitted uses and structures.
(1)
Communication towers and support facilities shall be permitted only within the Communication Tower Overlay Zone District and upon special permit approval by the Town Board.
(2)
Broadcast studios, offices, dispatching facilities and similar principal uses are prohibited from this overlay zone district unless permitted in the underlying zone district.
(3)
All other uses or structures shall be subject to the applicable controls of the underlying zone district.
E.
Locational guidelines for Communication Tower Overlay Zone District. In considering a zone change, the Town Board shall, to the extent practical, seek to:
(1)
Concentrate communication tower sites within limited portions of the Town.
(2)
Avoid residential and future residential areas.
(3)
Avoid sites that substantially contribute to and are important to the scenic quality of the landscape.
(4)
Coordinate, when appropriate, the designation of a site with the applicable locational standards of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and/or the New York State Public Service Commission (PSC).
(5)
Assess the availability and feasible use of alternative sites.
§ 165-9.1 Farm Business Overlay Zone District.
[Added 4-6-2015 by L.L. No. 2-2015]
A.
Findings and purpose. The Town of Pompey finds that protection of agriculture is essential to implementing the goals of the Town of Pompey Comprehensive Plan. Protection of land for agricultural purposes is a legitimate zoning objective under New York State law, which the rules set forth in this section seek to achieve. It is also a policy of the New York State Constitution to preserve agriculture. The purposes of the Farm Business Overlay Zone District (hereafter the FB-O District), among others, are as follows:
(1)
To implement the Town's Comprehensive Plan, which contains the goals of protecting rural and farm lands, discouraging incompatible nearby land uses, and promoting agriculture as a component of the local economy now and in the future;
(2)
To conserve a critical mass of productive farm lands in order to facilitate active and economically viable farm use of the lands now and in the future;
(3)
To enhance farm businesses that contribute to the general economic conditions of the Town;
(4)
To maintain a viable farm base to support agricultural processing and service industries;
(5)
To separate farm land uses and activities from incompatible residential, commercial, industrial, and public facility development;
(6)
To prevent fragmentation of the Town's existing farm lands by nonfarm development; and
(7)
To ensure the availability of a safe, locally grown food supply.
B.
Applicability.
(1)
The FB-O District shall apply to all lands within the Town's Farm (F) Zoning District which are:
(2)
The FB-O District shall apply to a property in conjunction with and in addition to the use and geographic controls of the underlying Farm Zoning District.
C.
Accessory uses.
(1)
In addition to the permitted uses and special permitted uses for the Farm Zoning District listed in the Use Table in Attachment 1 of this chapter, the following permitted accessory uses are also allowed for lands within the FB-O District subject to site plan review by the Town Planning Board. Permitted accessory uses:
(b)
Wineries, breweries, distilleries and cider mills (reuse of farm buildings and new construction, the latter no greater than 10,000 square feet in gross floor area) selling product in a tasting room, derived from crops of which a minimum of 25% (when reasonably available) is grown in the Town of Pompey.
[Amended 9-7-2016 by L.L. No. 4-2016]
(c)
Other accessory farm or agritourism uses and activities so long as the general agricultural character of the farm is maintained and such uses occur through reuse of farm buildings only. Such uses may include but not be limited to:
[1]
Educational experiences such as farm tours, day camps, farming and food-preserving classes, cooking classes, nature hikes.
[2]
Value-added processing facilities for farm products of which a minimum of 50% is grown in the Town of Pompey.
[3]
Bakeries selling baked goods containing produce of which a minimum of 25% is grown in the Town of Pompey, and baked on site.
[4]
Petting zoos, animal displays, and pony rides.
[5]
Wagon, sleigh, and hay rides.
[6]
Seasonal outdoor crop mazes.
[7]
Family-oriented animated barns (e.g., fun houses, haunted houses).
[8]
Organized meeting space for use by weddings, birthday parties, and corporate picnics.
[9]
Nature trails.
[10]
Historical farm exhibits.
[11]
Open-air or covered picnic area with restrooms.
[12]
Harvest festivals and barn dances.
[13]
Companion animal or livestock show.
(2)
Appropriate signage, parking, hours of operation, noise, lighting, etc., for all permitted accessory uses shall be established by the Planning Board in conformance with the provisions of § 165-44.
(3)
Water supply, sanitary sewage and food service facilities shall be subject to Onondaga County Health Department approval.
[Amended 7-10-2017 by L.L. No. 1-2017]
D.
Supplemental standards for permitted uses.
(1)
On-farm retail shops, as described in Subsection C(1) of this section, shall be allowed in the FB-O District as a permitted use, provided that:
E.
Any property and use which are subject to the requirements in this section and which existed at the time of adoption of this section, and which use was otherwise in compliance with the Town Zoning Code at the time of adoption of this section as determined by the Code Enforcement Officer, is grandfathered from the requirements in this section.
§ 165-9.2 Solar Energy Systems Overlay Zone District.
[Added 6-7-2021 by L.L. No. 2-2021]
A.
Applicability. The solar energy systems Overlay Zone District shall apply to a property in conjunction with and in addition to the uses and dimensional controls of the underlying zoning district. Zoning regulations applicable to solar energy systems as defined in § 165-16.2 of the Code, shall supersede the requirements of the underlying zoning if they are in conflict.
B.
Establishment of the solar energy systems Overlay District. The Town Board, on its own initiative, on recommendation of the Town Planning Board or on request of a property owner, may establish or expand a solar energy systems Overlay Zone on any property within the Town as set forth in § 165-16.2 of the Code.
C.
Town Board review process.
(1)
In addition to the procedural requirements applicable to a zone change mandated by this section and/or New York State Law, the Town Board shall provide at least 30 days for the Town Planning Board and Town Environmental Conservation Commission to review and comment on any new or expanded boundary modification.
(2)
All proposals shall include the following:
(a)
Survey showing property boundaries, proposed overlay zone boundary and underlying zone district classification.
(b)
Site plan of property showing topography of the site at twenty-foot contour.
(c)
Map of surrounding land uses and structures within 1,000 feet of the site.
(d)
Narrative discussion of how the site relates to scenic quality of the area and the impacts, if any, upon the landscape, proposed mitigating measures and the availability of alternative sites.
(3)
The Town Board may designate an applicant or agency to provide the necessary information and may require that additional information be provided in order to render a decision.
D.
E.
Locational guidelines for Solar Energy Systems Overlay Zone. In considering a zone change, the Town Board shall, to the extent practicable, and in its own discretion, seek to:
(1)
Prevent saturation of solar energy system in one area of the Town.
(2)
To avoid saturation, no Tier 3 solar energy system Overlay Zone shall be approved if it is within one mile of an already approved Tier 3 solar energy system unless the Town Board makes specific findings that it will not have a significant affect on the community character of an area.
(3)
Avoid sites that substantially contribute to and are important to the scenic quality of the landscape.
(4)
Assess the availability and feasible use of alternative sites.
§ 165-10 Local telecommunications facilities.
[Amended 12-4-1995 by L.L. No. 5-1995; 4-8-2002 by L.L. No. 1-2002; 3-3-2003 by L.L. No. 1-2003]
A.
Purpose and intent.
(1)
The purpose of this section is to establish predictable and balanced regulations for the siting of telecommunications facilities in order to accommodate the growth of such facilities while protecting the public against adverse impacts on aesthetic resources and potential health, safety and welfare impacts that might exist. The Town of Pompey wants to accommodate the need for telecommunications facilities while regulating their location and number, minimizing adverse visual impacts through proper design, siting and screening, avoiding potential physical damage to adjacent properties, and minimizing radio frequency exposures under a theory of prudent avoidance. Sufficient open space exists within the Town to accomplish the above objectives.
(2)
The section also seeks to minimize the total number of telecommunications towers in the community by encouraging limited shared use of existing and future towers, and the use of high structures as may exist, in order to further minimize adverse visual effects from telecommunications towers.
(3)
This section is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
(4)
This section proposes the location of cell towers in areas set back from existing highways and with restrictions on maximum tower height. Under these criteria, the environmental impact of cell tower installations should have a minimal impact on the community. Telecommunications facilities that are located in approved areas will be considered to be unlisted actions pursuant to the New York State Environmental Quality Review Act (SEQRA).[1] If it is proven that alternate or secondary sites, closer to the highways must be considered, these will be Type I actions pursuant to the New York State Environmental Quality Review Act (SEQRA). Applicants are strongly encouraged to meet with the Town prior to the submission of an application for site plan approval.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
B. ACCESSORY USE COMMUNICATION TOWER OVERLAY ZONE DISTRICT PRIMARY SITE PUBLIC UTILITY; PUBLIC UTILITY SUBSTATION, FACILITY, ETC. SECONDARY SITE TELECOMMUNICATIONS ANTENNA TELECOMMUNICATIONS FACILITY TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
An accessory use serves the principal use, is subordinate in area, extent or purpose to the principal use, and is located on the same lot as the principal use. Examples of such uses include transmission equipment and storage sheds.
An area zoned by the Town of Pompey to accommodate the installation of multiple towers of any type. There are two commercial tower zones within the Town of Pompey as part of its Town Zoning Law. (See Town of Pompey Zoning Law §§ 165-9 and 165-10.) One is located on Sevier Hill and is occupied by multiple owners and multiple towers. The second tower zone is on Windy Hill Road and is owned and occupied exclusively by Lockheed Martin Corporation. Other tower zones may be created by the Town of Pompey in the case of colocation of multiple towers of any type. All provisions of this pertaining to tower zones applies to all declared tower zones.
A telecommunications facility site located in an area as defined in Subsection E(7), Visibility and aesthetics, of this section meeting specific setback and maximum height requirements.
A public utility is an entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility substation, structure, or use is a facility, structure, or use which is operated by a public utility, and which provides electric, gas, steam, CATV, telephone or other communication service, water or sewerage directly to the general public. For all purposes of this chapter, in no event shall the terms "public utility," "public utility substation," "public utility facility," or any variation thereof contained in this chapter be construed to mean, be, or include a telecommunications tower, telecommunications antenna, a natural gas compression facility, or a natural gas processing facility as those terms are defined in § 165-16.1 of this chapter.
[Amended 6-3-2013 by L.L. No. 1-2013]
A telecommunications facility in any other portion of the Town of Pompey exclusive of a primary site.
A system of electrical conductors that transmit or receive radio frequency waves, including so-called "whip" antennas or any other type of antenna.
Any or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for cellular/PCS operation [also known as "base transceiver station (BTS)"].
A structure on which one or more antennas will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier, but excluding those used exclusively for fire, police and other dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications. The term "telecommunications tower" shall include those structures that have been built or will be built on speculation. An existing structure, such as a farm silo with installed or to be installed whip antennas or any other type of telecommunications antenna, shall be considered a telecommunications tower under the provisions of this section.
C.
Modification of existing Sevier Hill Tower Zone boundaries. As part of this section, the Sevier Hill Tower Zone is reduced in size. At present, the southern portion, approximately 700 feet measured from the southern boundary, encloses an area of approximately 35.4 acres, is unoccupied. This area may be eliminated from the Sevier Tower Zone without endangering existing installations. The action would move the southern boundary of the tower zone to about 100 feet from the southern guy of the existing Channel 9/24 tower. This portion of the tower zone slopes downward to the south and the viewshed to the north is somewhat reduced; thus, requiring higher towers to gain a coverage area equal to existing towers in the northern portion of the zone.
D.
Review authority.
(1)
The Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove site plans for telecommunications facilities pursuant to this section. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications facility, including the use of camouflage of the tower structure and/or antenna to reduce visual impact.
(2)
Except as provided below, no telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered and no existing structure shall be modified to serve as a telecommunications facility, except after obtaining site plan approval from the Planning Board in conformity with this section.
(3)
Telecommunications antenna placed on existing telecommunications towers do not require a site plan approval, unless the existing tower or structure is a secondary site, or unless it will be modified in such a way as to increase its height, or a new accessory structure would be built.
(4)
The Planning Board may waive any or all of the requirements for approval for applicants proposing minor changes to existing facilities (such as fencing modifications, painting, points of ingress and egress, new antennas for primary sites) and for applicants proposing the use of camouflage for a telecommunications tower when the Board finds that such camouflage significantly reduces visual impact to the surrounding area.
(5)
No building permit shall be issued until the applicant provides proof that space on the facility has been leased or will be operated by a provider licensed by the FCC to provide service in the area.
(6)
Siting of telecommunications facilities within the existing tower districts of the Town is not prohibited. Any new facilities proposed after the adoption of this section will be required to meet all of the requirements of this section.
E.
General criteria.
(1)
No site plan approval relating to a telecommunications facility shall be granted by the Planning Board unless it finds that such facility:
(a)
Is necessary to provide adequate service to locations that the applicant is not able to serve with existing facilities;
(b)
Conforms to all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies; and
(c)
Will be designed and constructed in a manner which minimizes visual impact to the extent provided by this section;
(d)
Is the most appropriate primary site among those available within the technically feasible area for the location of a telecommunications facility. Secondary sites will be considered once primary sites are proven nonfeasible per criteria established in Subsection E(7), Visibility and aesthetics, of this section.
(e)
Is located more than 1.25 times the total height of the tower to electric transmissions lines, other than those serving individual properties.
(f)
Spacing of future towers is to be guided by a footprint surrounding all existing towers or future towers. The footprint shall be a circle with the center point being the base or center of the base of the tower and a radius extending outward from that point equal to 30% of the total height of the tower, including any attachments placed above the tower top, for guyed towers and total height of the tower plus 25% for freestanding towers. No other towers or guys may intrude upon this footprint. Further, no towers or guys may intrude upon the circular area covered by guys and anchors from existing or future towers within the zone; thus, no intermingling of tower footprints and guy areas is allowed on the basis of safety to existing or proposed installations.
(2)
Colocation. The shared use of existing telecommunications towers shall be preferred to the construction of new facilities. All site plan approvals, renewals or modifications thereof shall include proof that reasonable efforts have been made to colocate within an existing telecommunications facility or upon an existing tower within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:
(a)
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;
(b)
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(c)
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;
(d)
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; and
(e)
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such colocation or requests an unreasonably high fee for such colocation compared to current industry rates.
(3)
Radio interference.
(a)
No telecommunications tower shall be permitted within 1/4 mile of an existing telecommunications tower or public utility (telecommunications) facility without providing proof that the new facility shall not result in frequency interference. Such proof shall include:
(b)
If, upon initiation of operation, it is found that radio interference exists with existing permitted facilities, the applicant will be responsible for modifications or relocation of the telecommunications tower to another location where such interference will not exist. The applicant shall submit a plan to the Town of Pompey, affected telecommunications facilities, other affected public utility (telecommunications) facilities and other appropriate authorities within three months following discovery of the interference. The cause of such interference must be corrected within 60 days following approval of the plan or the facility shall cease operations until the issue(s) have been addressed.
(4)
Fall zones. The fall zone shall be determined by the Planning Board based upon the type of tower, location and other pertinent factors.
(5)
Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zone. Setbacks shall apply to all tower parts including guy wire anchors, and to any accessory facilities. Additional setbacks may be required by the Planning Board to contain on-site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
(6)
Lighting. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Notwithstanding, an applicant may be compelled to add FAA-style lighting and marking, if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety. The Board may choose the most appropriate lighting and marking plan from the options acceptable by the FAA at that location. The applicant must provide both standard and alternative lighting and marking plans for the Board's review.
(7)
Visibility and aesthetics.
(a)
The Town of Pompey is largely undeveloped and is characterized by rolling hills with scenic vistas. It is the highest Town in the county and portions thereof are visible from miles away. Preservation of its skyline, to the extent practicable, is an important asset both to the Town and residents of Central New York. Accordingly significant attention must be paid to the visual intrusion potential of telecommunications towers consistent with the needs for communications within the area.
(b)
Therefore, to protect this asset and to minimize potential health effects from radio frequency emissions, the Town has established primary (preferred) site locations for telecommunications towers and has limited their maximum height as described below. It is recognized that there may be instances where adequate coverage may not be possible with this criteria and alternate site considerations may become necessary. These alternate sites are referred to as "secondary sites." This section provides sufficient flexibility to allow a provider to construct telecommunications facilities within secondary areas pursuant to the requirements noted herein.
(c)
Primary sites; secondary sites.
[3]
The following criteria shall apply to primary sites:
[a]
The maximum height for telecommunications towers permitted under this article, including any antennas or other devices extending above the tower, measured from the ground surface shall be 75 feet or 20 feet above the existing tree line (crown canopy top) whichever is less.
[b]
The applicant shall submit photo documentation to prove that no more than 20 feet of the structure is visible from any federal, state, county or Town road within 1/2 mile of the proposed tower. Photo documentation shall also be provided to show that no more than 20 feet of the structure and associated antenna are visible from all residential properties within 1/2 mile of the site at the time of application to the Planning Board. Visibility will be determined during warm months when leaves are on deciduous trees. The applicant will coordinate photo documentation efforts with the Town's Code Enforcement Officer. The photo documentation will clearly demonstrate the twenty-foot exposure compliance at a scale of approximately one inch equals 10 feet. The Planning Board will be the sole authority in determining whether the twenty-foot criteria have been met.
[c]
Power and telephone lines to the facility shall be run underground where overhead utilities would be visible from the roadways.
[d]
The project shall be designed to blend with the natural and/or man-made surroundings to the maximum extent practicable.
[e]
Structures offering slender silhouettes (i.e., monopoles or guyed towers) are preferable to freestanding lattice structures except where such freestanding structures offer capacity for future shared use. The Planning Board may consider the type of structure being proposed and the surrounding area and may require camouflaging of the structure.
[4]
The following criteria shall apply to secondary sites:
[a]
The maximum height for telecommunications towers permitted under this article, including any antennas or other devices extending above the tower, measured from the ground surface shall be no more than 20 feet above the existing tree line (crown canopy top) or the tallest existing structure within the immediate area.
[b]
If a freestanding tower is proposed, the applicant shall submit photo documentation to prove that no more than 20 feet of the structure is visible from any property within 1/4 mile of the proposed tower. Documentation shall be submitted at the time of application to the Planning Board. Visibility will be determined during warm months when leaves are on deciduous trees. The applicant will coordinate photo documentation efforts with the Town's Code Enforcement Officer. The photo documentation will clearly demonstrate the twenty-foot exposure compliance at a scale of approximately one inch equals 10 feet. The Planning Board will be the sole authority in determining whether the twenty-foot criteria have been met.
[c]
If telecommunications facilities are proposed to be located on existing structures, the applicant shall provide an artist's rendering of the proposed facility with and without camouflage or a computer generated image to demonstrate the concept being advanced by the applicant.
[d]
Power and telephone lines to the facility shall be run underground.
[e]
All secondary sites will incorporate camouflage to minimize aesthetic impacts associated with the installation. Such camouflaging shall be appropriate to the agricultural/residential/hamlet nature of the Town, shall be of appropriate scale for the camouflage technique selected and shall render the proposed facility substantially indistinguishable from existing structures, vegetation or land use.
[f]
The applicant shall locate telecommunications equipment as far away from residents as practical.
[g]
All secondary sites will be treated as a Type I action pursuant to the New York State Environmental Quality Review Act.
[5]
No applicant shall propose a telecommunications tower in a secondary site without first exhausting adjacent primary sites. The Planning Board will be the sole agency responsible for determining whether a secondary site shall be considered. The general criteria that must be met for a secondary site to be considered shall include the following:
[a]
Documentation providing conclusive proof that the property owners within the primary site areas will not agree to construction of the proposed telecommunications facility on their properties. The documentation shall include the names of property owners, dates of contact, addresses and phone numbers; or
[b]
Documentation demonstrating that the primary site cannot provide suitable coverage. This documentation shall include viewshed analyses provided by the Syracuse-Onondaga County Planning Agency (SOCPA) and field measurement of existing signal strength along the highway segment in question. Such tests shall be witnessed by the Town's Code Enforcement Officer.
[c]
Documentation that the owner(s) of potential primary sites are requiring substantially higher compensation for site rental than is provided by industry standards.
(8)
Vegetation and screening.
(a)
Existing on-site vegetation shall be preserved to the maximum extent possible.
(b)
Clear-cutting of all trees in a single contiguous area shall be minimized to the extent possible.
(c)
The Planning Board will require 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, waterways, historic or scenic areas, or public roads for secondary sites.
(9)
Access and parking.
(a)
A road and parking will be provided to assure 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. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(b)
Equipment or vehicles shall not be stored on the facility site.
(c)
Access roads to primary sites shall be located in such a manner to minimize disruption to agricultural and other existing uses.
(10)
Signage. The use of any portion of a telecommunications facility for signs for promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers, and balloons is prohibited. The Planning Board may require the installation of signage with safety information.
(11)
Security.
(a)
Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height surrounding each.
(b)
There shall be no permanent climbing pegs within 15 feet of the ground.
(c)
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.
(d)
A locked gate at the junction of the access way and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public thoroughfare.
(12)
Maintenance. The applicant shall provide the name of the maintenance company, key points of contact, addresses, phone number, e-mail addresses if maintenance of the communications tower and associated facilities is to be contracted out or done by someone other than the applicant/service provider.
(13)
Engineering standards.
(a)
All telecommunications facilities shall be built, operated, and maintained to acceptable industry standards. Each application must contain a site plan for the facility containing the signature of an engineer licensed by the State of New York.
(b)
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 municipality.
(14)
Abandonment and removal. At the time of submission of the application for a 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 used as 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, the land shall be restored to its previous condition including, but not limited to, the seeding of exposed soils. A bond in the amount of $25,000 or 25% of the construction cost (whichever is greater) shall be posted with the Town of Pompey to cover the cost of removal.
(15)
Public hearing notification requirements.
(a)
The only notice required by law for public hearings is publication within the official Town newspaper 10 days preceding the date of the public hearing. In recognition of the sometimes controversial nature of telecommunications facilities, the following steps will be done to notify potentially affected residents of the proposed action for secondary sites.
[1]
The applicant will obtain names and addresses for all property holders within one 1/2 radius of the proposed facility from the Town Clerk.
[2]
The applicant will send certified mail to all property owners at least three weeks prior to public hearing.
[3]
The applicant will send noncertified mail notice of public hearing to those individuals who fail to respond at least two weeks prior to public hearing.
[4]
The applicant will call and deliver notice to individual property owners who have not responded to either certified mail or noncertified mail at least one week prior to public hearing.
[5]
The applicant will submit documentation to the Town Clerk's office the day of the public hearing detailing his or her attempts to notify individual property owners.
(b)
Notification for primary sites will include the following steps:
(16)
Radio frequency testing and permit renewal.
(a)
The Town of Pompey requires that the permit holder provide third party verification that the facility is within permit limits established by a permit issued by the Federal Communications Commission (FCC). This shall apply to all facilities at the time of startup, whether they are categorically excluded or not. Testing shall be done at a time when cell tower usage is anticipated to be at a maximum. If measurements demonstrate that the facility is exceeding permit levels then the Pompey Town Board may rescind the permit after holding a public hearing. The Pompey Town Board may also rescind the permit if the FCC changes standards for radio frequency emission levels during the permit period and the facility is not in compliance with such amended standards. The Town of Pompey reserves the right to test for radio frequency emission levels at six-year intervals at each telecommunications tower(s) location within the Town at the Town's expense.
(b)
The permit holder shall notify the Pompey Town Board at least two months before submitting a permit renewal application to the FCC.
F.
Submission requirements for applications for approval by municipality. The Planning Board may waive any particular submission requirement(s) it determines unnecessary for review of a particular project. These requirements apply to both primary and secondary sites unless specifically noted.
(1)
Project participants.
(a)
Provide the names, addresses, and phone and fax numbers of the following involved parties, as appropriate:
[1]
The landowner of the project site to be purchased or leased;
[2]
The service provider-corporate and point of contact [include the FCC license number and certificate of need as a public utility (as/if applicable)];
[3]
Engineering consultant(s);
[4]
Legal representative(s); and
[5]
Other authorized service providers proposing to colocate on the tower now or in the near future.
(b)
Where colocation is proposed, provide the names, addresses and phone numbers of the current owner(s) of the tower, building or structure upon which the colocation was considered or is proposed.
(2)
Site description.
(a)
Provide a narrative description of the proposed project site, including:
[1]
Existing site improvements, including access, utilities, and the presence of existing towers, buildings, or other structures;
[2]
Vegetative cover [e.g., plant cover types, species, tree types (average, minimum, and maximum) relative condition (health) of the vegetation; and tree stand density] slopes;
[3]
Soils and the depth to bedrock;
[4]
Wetlands and surface water bodies;
[5]
Site drainage;
[6]
Any special plant and animal habitats contained on the NYSDEC Natural Heritage Program database; and
[7]
Any historic or archeological resources on the site and any historic resources adjacent to the site.
(b)
Where colocation is proposed, provide to-scale site plans and elevations of the existing tower, building or structure to be used for colocation. Provide plans, elevations, and details showing the proposed electronic communications facilities and existing antennas located on the tower.
(3)
Site plan and construction details.
(a)
Provide a detailed, labeled, and to-scale site plan stamped and signed by a professional engineer licensed to practice in the State of New York that includes the following information:
[1]
Scale, North arrow, date and name of preparer;
[2]
Project site boundaries (if part of a larger parcel, include a map of the larger, parent parcel and the location of the area to be acquired or leased for the project).
[3]
Abutting property owners, names and addresses;
[4]
All bodies of water; wetlands; permanent or intermittent streams; and mean high water mark for larger water bodies on or adjoining the project site;
[5]
Existing and proposed topographic contours at two-foot intervals in and within 200 feet of all proposed areas to be disturbed;
[6]
All existing and proposed buildings, structures, roads, utilities, and driveways. All power and communication cable shall be installed underground.
[7]
Existing vegetation cover types and tree lines;
[8]
The proposed limits of vegetation disturbance and/or clearing related to the proposed construction of the site access, tower, and accessory structures;
[9]
All trees four inches or greater in size (diameter at breast height, DBH) to be removed;
[10]
All proposed plantings; and
[11]
All existing and proposed drainage and erosion control and stormwater management facilities. An erosion control and stormwater management plan shall be prepared for the site by a professional engineer registered in the State of New York and in accordance with applicable guidance from the United States Environmental Protection Agency and the New York State Department of Environmental Conservation. The current version of the document entitled "New York Guidelines for Urban Erosion and Sediment Control" shall be used in the preparation of the erosion control plan.
(b)
For any new or improved access roads or driveways, provide a grading plan, center-line profile, and cross sections (every 100 feet showing proposed and existing contours at two-foot intervals) and identify the construction material(s) (e.g., gravel, asphalt). Provide detailed construction plans and elevation of the proposed tower, antennas, equipment shelters (enclosed building, structure, cabinet, shed or box to contain batteries and electrical equipment). Show all foundations, piers, structural supports, cross arms, guy wires and anchors, antenna-mounting mechanisms and signage. Label the size, material and provide color sample of all towers, antennas, and accessory structures (e.g., equipment shelters, security fencing, signage). All support buildings shall be masonry faced reinforced concrete structures with steel doors and without windows.
(4)
Site access, construction, and operation. Describe the type, location, and size of any road and/or driveway providing existing and proposed access to the proposed tower site. Describe any proposed temporary or permanent improvements, including any proposed vegetation removal, site drainage, crossing of streams, farm fields or wetlands and installation of impervious, paved surfaces and utilities.
(5)
Visual impact analysis. Provide a visual impact analysis for the proposed project for secondary sites. (See Appendix I of the "Planning and Design Manual for the Review of Applications for Wireless Telecommunications Facilities" published by the New York State Department of State and the New York State Department of Environmental Conservation program policy entitled "Assessing and Mitigating Visual Impacts.")
(6)
Telecommunications data. The following documentation will accompany the initial application for new base transceiver station (BTS) facility construction or colocation. Two distinct classes of proposed sites are coverage sites and capacity sites. Some items listed below may not be required in cases where the municipality agrees that the proposed site is suitable as proposed. Such cases might arise when it is known that a site will not cause significant visual impact and when the proposed site will not force the selection of more controversial neighboring BTS sites at a later date. Remember that every BTS site (including colocation) that is approved narrows the options for adjoining neighbor sites. Such narrowing of options may eventually result in the placement of future BTS facilities at unacceptable locations.
(a)
Initial application documents relevant to BTS coverage sites.
[1]
The search ring map with alternate sites marked.
[2]
Existing cellular/PCS coverage propagation plot showing existing operational neighboring sites up to five miles beyond the boundary of the municipality. This will help the municipality understand the need for more BTS sites and where they might be located.
[3]
Same as above except add in all proposed sites that are not the subject of the current application. This will aid the municipality in gaining a picture of the network planning and to what extent the subject proposed BTS is required.
[4]
Same as above except add in the subject of the current application and a reasonable number of alternate primary and secondary sites (one plot per proposed site, antenna elevation at the required height) evaluated by the applicant. In particular, note the need for future BTS facilities and carefully note the expected location of a search ring to assure it is not more controversial than that which results from other alternate sites.
[5]
A narrative of sufficient detail to allow the municipality to understand why individual sites are deemed not viable (technical and/or visual) and why the proposed site stands out as the best visual prospect of all the alternate sites.
(b)
Initial application documents relevant to BTS capacity sites.
[1]
History plot of busy hour capacity approaching sector capacity. This plot allows forecasting increasing user demand in a given cell sector that, unless addressed, will cause undue blocked or dropped calls.
[2]
Propagation plots to demonstrate the RF coverage of the existing BTS sites and the proposed capacity sites and alternative sites if applicable (one plot per site).
[3]
A narrative or outline that addresses the antenna height required for the new capacity site and the reduction of antenna height (if so proposed) that results at neighboring sites. Such antenna height reductions may provide the opportunity for removal of tower sections so as to reduce the existing visual impact.
(c)
Utilities. Describe existing utility services (e.g., electric, telephone, etc.) to the project site and any improvements necessary to construct and operate the proposed project.
(d)
Other regulatory permits and approvals.
[1]
The applicant shall identify all permits or approvals necessary from local, state or federal agencies for this proposed project. Provide names and phone numbers of key points of contact with said agencies. Provide copies of written approvals and other permits received.
[2]
Provide documentation from the New York State Office of Parks, Recreation and Historic Preservation that the project will not have any impact on archeological or any structures or areas eligible for inclusion on the National or New York State Historic Registers. If the Historic Preservation Office determines that there is a potential for impacts to archeological or historic resources, then provide their recommendations for mitigation of those resources.
[3]
Documentation from the New York State Department of Environmental Conservation regarding the presence or absence of any protected species (natural heritage information).