The City of Tonawanda recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower. The intent of this article is to protect the city's interest in properly sitting towers in a manner consistent with sound land use planning, while also allowing wireless service providers to meet their technological and service objectives.

(Res. of 8-27-2002, § 167)

As used in this article, the following terms shall have the meanings indicated:

Accessory structure: An accessory facility or structure serving or being used in conjunction with a communications tower, and located within 100 feet of the communications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets.

Antenna: A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal communication service (PCS) and microwave communications.

Communications tower: A structure designed to support antennas. It includes without limit, freestanding towers, guyed towers, monopoles, and similar structures which employ camouflage technology.

(Res. of 8-27-2002, § 167)

Antennas may be added or attached to existing communications towers, water tanks, buildings or structures in any district, upon the issuance of a building permit. Accessory structures shall be similarly permitted when located within 100 feet of such existing structures.

(Res. of 8-27-2002, § 167)

Communications towers and accessory structures shall be permitted only in M-1, manufacturing districts.

(Res. of 8-27-2002, § 167)

Building permit applications for communication towers shall consist of the following:

(a)

Application and site plan. Any person or firm wishing to erect, alter or add to a communication tower shall make written application to the building inspector for a building permit. The fee for said permit is set forth in section 30-121, paragraph 10 of building permit fees. The application shall include a site plan setting forth specific site data on a map, acceptable in form and content to the building inspector, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:

(1)

The location of property lines and permanent easements;

(2)

The location of the communications tower, together with guy wires and guy anchors, if applicable;

(3)

A side elevation or other sketch of the tower showing the proposed antennas and elevations of any accessory structures;

(4)

The location of all structures on the property and all structures on any adjacent property within ten feet of the property lines, together with communications tower;

(5)

The names of adjacent landowners;

(6)

The location, nature and extent of any proposed fencing and landscaping or screening;

(7)

The location and nature of proposed utility easements and access road, if applicable;

(8)

The maximum height of the proposed tower;

(9)

A copy of the FCC License;

(10)

Affirmation of compliance with federal radio frequency emission standards; and

(11)

An engineer's opinion as to structural capacity of the tower or other elevated structures.

(b)

Aesthetics. In order to minimize any adverse aesthetic effect on neighboring property to the extent possible, the following conditions shall be met:

(1)

The applicant shall show that it has made good faith efforts to collocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances.

(2)

Towers should be designed and sited so as to avoid, whenever possible, application of FAA, lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Towers shall be painted a galvanized finish or matte gray unless otherwise required by the FAA.

(3)

No tower shall contain any signs or advertising devices.

(c)

Radio-frequency effects. The City of Tonawanda recognizes that federal law prohibits the regulation of cellular and PCS communications towers based on the environmental effects of radio frequency emissions where those emissions comply with FCC standards for those emissions. The communications antennas shall be operated only at Federal Communications Commission (FCC) designated frequencies and power levels.

(d)

Traffic, access and safety:

(1)

A road turnaround and one parking space shall be provided at the tower site to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Furthermore, all access roads and turnarounds and parking spaces must comply with section 82-444, automotive use areas.

(2)

All communications towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism.

(3)

The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.

(4)

The applicant shall agree to remove the tower if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The city shall require the applicant to provide a demolition bond in the amount of $10,000.00 for the purpose of removing the telecommunications facility in case the applicant fails to do so as required above.

(Res. of 8-27-2002, § 167)

(1)

The tower must be set back a minimum of 25 feet from the rear and side lot lines; furthermore, the tower must be set back a minimum of 1,000 feet from all property lines not zoned M-1, manufacturing district.

(2)

The tower must also be set back a minimum of 100 feet from the front lot line.

(Res. of 8-27-2002, § 167)

(1)

Communications towers and antennas may be repaired and maintained without restrictions.

(2)

Antennas used solely for residential household television and radio reception.

(3)

Satellite antennas measuring two meters or less in diameter regardless of location.

(Res. of 8-27-2002, § 167)