Valatie City Zoning Code
ARTICLE XII
Telecommunications Tower
§ 345-60 Purpose and intent.
A.
The purpose of the following amendments to this chapter is to promote the health, safety and welfare of the residents of the Village, consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Village of Valatie.
B.
The following regulations are not intended to prohibit or have the effect of prohibiting the provisions of personal wireless providers of functionally equivalent services consistent with current federal regulations.
C.
The purpose of this article is to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations, to minimize the total number of telecommunication towers in the community by encouraging shared use of existing and future towers, and to minimize the adverse visual effects of telecommunication towers and by requiring careful siting, visual impact assessment and appropriate landscaping.
§ 345-61 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Refers to the devices mounted on telecommunications towers or existing structures for the purpose of sending and receiving signals, including, but not limited to, antennas.
Any newly proposed structure greater than 35 feet in height, for the purpose of receiving and/or transmitting communication signals.
§ 345-62 Telecommunication towers.
Telecommunications towers may be constructed and maintained in the B-1, B-2 and Industrial Districts subject to the provisions of this article, and in no case shall any telecommunications tower be located within 100 feet of any R-1 or R-2 Zoning District.
§ 345-63 Telecommunications apparatus.
Telecommunications apparatus may be attached to any existing structure within the B-1, B-2 and Industrial Districts. In no case shall any telecommunications apparatus be attached below 80 feet from the base of the existing structure nor 10 feet above the height of the existing structure.
§ 345-64 Approval from Village Board.
No building permit for the attachment of telecommunications apparatus shall be issued until the applicant has received approval from the Village Board of Trustees. The applicant shall submit drawings of the proposed installation to the Village Planning Board for review. The Village Planning Board shall make a recommendation to the Village Board of Trustees prior to the consideration of the application by the Village Board of Trustees. In the event that an application is submitted to the Village Planning Board, and the Village Planning Board takes no action on the application for a period of 45 days after the date of application, the application shall be deemed approved. The Planning Board, in making any recommendation, shall consider the following standards and matters:
A.
The need in the community for the proposed use.
B.
The appropriateness of the proposed site, including such matters, among others, as the following:
(1)
The availability of alternative sites.
(2)
The physical features and the general character, present use, and probable future use of the land in the neighborhood.
(3)
Is the density of the land in the vicinity such as to warrant the proposed use?
(4)
Is the site reasonably adapted for the proposed use?
(5)
The distance from existing and proposed public rights-of-way and from existing residential development; nature of access to and from the site.
(6)
The adaptability of the site for the proposed use; topography, natural buffers, screening and fencing.
(7)
Will the project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation?
(8)
The ability to share space on existing towers or structures within the targeted districts.
(9)
The ability to co-locate ground level equipment will be given preference.
(10)
The extent that visual and environmental impact is minimized by matching existing color or design features.
§ 345-65 Special use permit required.
No building permit shall be issued for the construction, operation and maintenance of such a telecommunications tower except by special use permit as issued by the Board of Appeals after receiving an advisory opinion or recommendation from the Village Planning Board, in accordance with the following procedures.
§ 345-66 Filing application and Planning Board procedure.
A.
The applicant will submit a written application for such a permit with the Code Enforcement Official (or such other person as may be designated by the Village Board). The applicant will submit such information and documents as the Code Enforcement Official (or any other officer or Village agency having jurisdiction) may require. Included in these documents must be a site plan and copies of all documents submitted by the applicant to the Federal Communications Commission or any other governmental agency having jurisdiction. The applicant shall certify, in writing, that all documents submitted are included with the application. The Code Enforcement Official will not be required to proceed under this article, until an application is complete.
B.
As soon after the applicant has filed all documents and supplied all information required by such Officer, but not later than 30 days from the date a completed application is filed, the Officer shall file such application and all other documents with the Clerk of the Planning Board, who shall place the application on the agenda for the next meeting of the Planning Board. The application shall be reviewed at such meeting, and the Chairman shall set a date for a public hearing, notice of which shall be: posted; and published at least two times in the official newspaper, the first publication of which shall be at least 10 days prior to the date set for the hearing; and mailed to owners of property lying within 1,500 feet of the proposed site and to such other owners of property in the vicinity of the proposed site as the Chairman of the Board shall determine. It shall be sufficient if the determination of ownership is based on the current assessment role and assessment map, but the failure to notify all such owners shall not render defective any action of the Planning Board or the Board of Appeals. The date of such public hearing shall be within 40 days from the date on which the completed application was filed in the Clerk of the Planning Board.
C.
The Planning Board may at any stage of the proceedings require additional information, documents or testimony, and may adjourn final consideration of its recommendation for a reasonable period for the foregoing purpose and for further study and review, but no more than 60 days after the first date set for the hearing.
D.
Upon the completion of the hearing, and any adjournment thereof, the Planning Board shall adopt, by resolution, a written recommendation in the nature of an advisory opinion. Such report may:
E.
The report shall also be filed with the Clerk of the Board of Appeals who shall deliver promptly a copy to each member of such Board.
§ 345-67 Board of Appeals procedure.
A.
The Clerk of the Board of Appeals shall place the application on the agenda for the next meeting of the Board; and shall cause a notice to be published in the official newspaper, at least once giving notice of a public hearing which shall be held on such day and at such time as the Chairman of the Board shall direct. Written notice of such hearing shall also be mailed in accordance with the provisions of § 345-66 above (Planning Board procedures). Such notice shall be published and posted at least 10 days prior to the hearing and such hearing shall be held not later than 40 days following the filing of the Planning Board's report with the Clerk of the Board of Appeals.
B.
The hearing before the Board shall be conducted in the accordance with lawful procedures, as any appeal proceeding before the Board. The hearing may be adjourned and the Board may request further information and recommendation from the Planning Board, or may send the application back to the Planning Board for further review.
C.
After the completion of all testimony given at the public hearing and the submission of all pertinent matters arising out of the application, the Board shall make its determination by a resolution adopted by a majority vote. Such determination shall be made and filed within 60 days of the date on which the first public hearing was held. The applicant shall be notified of the Board's decision and copies shall be filed with the Town Clerk, the Zoning Officer and the Clerk of the Planning Board.
§ 345-68 Standards for Planning Board and Board of Appeals review.
The Planning Board, in making any report, and the Board of Appeals before rendering its decision, shall consider the following standards and matters:
A.
The need in the community for the proposed use.
B.
The appropriateness of the proposed site, including such matters, among others, as the following:
(1)
The availability of alternative sites.
(2)
The physical features and the general character, present use, and probable future use of the land in the neighborhood.
(3)
Is the density of the land in the vicinity such as to warrant the proposed use?
(4)
Is the site reasonably adapted for the proposed use?
(5)
The distance from existing and proposed public rights-of-way and from existing residential development; nature of access to and from the site.
(6)
The adaptability of the site for the proposed use; topography, natural buffers, screening and fencing.
(7)
The size of the site chosen for the proposed use. If the application is for a telecommunications tower, it must be located on an unoccupied parcel having an area of sufficient size that no part of the tower will fall on neighboring property should the structure collapse and the size shall provide a buffer to other properties in the neighborhood. The size shall be at least two acres.
(8)
Will the project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation?
(9)
The ability to share space on existing towers or structures within the targeted districts.
(10)
The ability to co-locate ground level equipment will be given preference.
(11)
The extent that visual and environmental impact is minimized by matching existing color or design features.
C.
The effect of the proposed use on the other properties in the neighborhood and the enjoyment by the inhabitants of their properties and whether it will materially affect the value of such properties and the use and enjoyment of such properties by the occupants and any other effect of such use on the health, welfare and safety of the occupants of such properties.
D.
The number of any existing or planned telecommunications towers. The Planning Board shall require the use of shared facilities whenever possible in order to minimize the impact of such towers in the community.
E.
The extent to which the design screens or disguises the tower to minimize its visual impact.
§ 345-69 Approval by other jurisdictions.
No building permit shall be issued until final approval has been granted to the applicant by any county, state and federal agency having jurisdiction in the matter and any and all other permits which may be required have been issued to the applicant.
§ 345-70 Applicable state law procedures.
The applicable procedures of the State Environmental Quality Review Act shall be followed.
§ 345-71 Compliance with Comprehensive Plan.
Any proposed communications tower shall be located and constructed in the accordance with the Village of Valatie Comprehensive Plan as adopted and/or amended.
§ 345-72 Miscellaneous.
A.
The provisions of this article shall apply to both telecommunications apparatus and telecommunications towers.
B.
The applicant will furnish a typewritten list of all owners of property within 1,500 feet of the proposed tower or apparatus to whom notice must be mailed, including their address and tax parcel number.
C.
Because of the special nature of the proposed use, the applicant shall pay the cost of publishing the requested notice in the newspaper and the cost of mailing notices to the owners of other properties as required by law, in addition to the fees prescribed for issuance of building permits.
D.
All provisions of this Chapter 345, Zoning, and other applicable laws not inconsistent with this article shall govern all proceedings.
E.
No telecommunication tower, except those in existence with a current approved FCC license prior to the effective date of this article, shall be used unless in conformity with these regulations. Existing towers shall provide proof of current FCC license. No telecommunications tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified or used to serve as a telecommunication tower unless in conformity with these regulations. Any proposed shared use of an existing tower or structure shall be required to conform to this article.
F.
In the event that the Planning Board and/or Zoning Board employs any consultant, including, but not limited to, a licensed professional engineer or attorney, to consult with the Board concerning an application made under this article, the costs of such consultation services shall be paid by the applicant to the Village Board from time to time upon estimates submitted by the consultant but in advance of work undertaken by the consultant. The applicant shall deposit with the Village Board an amount sufficient to cover the costs of consultation for a reasonable time as determined by the Planning Board and/or Zoning Board.
G.
Prior to receiving the building permit, the permittee shall be required to post a bond or letter of credit with the Village Board in an amount sufficient to pay for removal of such telecommunication tower or apparatus, and the restoration of the property to its unimproved condition. The amount of the bond shall be determined by the Village Engineer. In the event that such tower remains abandoned or unused for a period of 18 months, the permittee shall, at its own cost and expense, remove the tower and restore the property to its unimproved condition.
H.
Commencing with the beginning of operation and each year thereafter, the permittee shall furnish a record of maintenance and signal strength tests to the Village Clerk to confirm that all equipment is operating within licensed limits. These tests must be performed and verified by an independent company qualified to perform such tests at the permittee's expense.