Accommodating the need for telecommunication towers while regulating their location and number in the community.

Minimizing adverse visual impacts of these towers/antennas while regulating their location and number in the community.

Preserving and enhancing the positive aesthetic qualities of the built and natural environment in the Town of Verona.

Avoiding potential damage to adjacent properties through engineering and proper siting.

Requiring the joint use of towers, when available, and encouraging the placement of antennas on existing structures, to reduce the number of such towers in the future.

Preserving property values of Town of Verona residents.

Is necessary to meet current demands for service, and is the minimum height necessary to provide cellular service to the affected area;

Conforms with all applicable regulations promulgated by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), U.S. Environmental Agency (EPA) and other federal agencies, including possession of the required permits from such agencies;

Is designed and constructed in a manner which minimizes visual impact, buffered to the maximum extent practical and technologically feasible to help ensure compatibility with surrounding land uses;

Complies with the other requirements of this chapter;

Is an appropriate site among those available within the technically feasible area for the location of a telecommunications facility;

Is designed to allow future shared use by at least one other telecommunication service provider. Any subsequent location of telecommunication equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower.

The height of such tower shall be a maximum of 125 feet.

Compliance with the New York State Environmental Quality Review Act, otherwise known as "SEQRA."

Special use permit application form;

Proof of mailing by the applicant to all property owners within 500 feet of the boundaries of the property on which the tower is to be constructed notice of the application;

Special use permit application fee;

Site plan review application, including a long form Environmental Assessment Form (EAF) as promulgated by the New York State Department of Environmental Conservation;

Site plan (which may be reviewed by the ZBA, or referred to the Planning Board at the ZBA's option) prepared to scale and in sufficient detail and accuracy to show:

"Before" and "after" propagation studies prepared by a qualified radio frequency engineer (signed and sealed by an engineer registered in the State of New York), demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.

A search ring prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Zoning Board why it selected the proposed site, discuss the availability or lack of availability of a suitable structure within the search ring which would have allowed for a co-located antenna(s), and to what extent the applicant explored locating the proposed tower in a more intensive use district.

Reasonable additional visual/aesthetic information as the ZBA deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscaping plans, line-of-sight drawings and/or visual simulations from viewpoints selected by the Town ZBA.

A statement from an NYS licensed engineer that a good-faith attempt has been made to co-locate on an existing tower, regardless of whether such existing tower exists within the Town boundaries. If co-location is not proposed, proof that co-location has been researched and is not feasible, with supporting documentation of this opinion. The applicant must submit a copy of its policy permitting co-location on the proposed tower with other potential future applicants. Such policy should allow co-location.

Towers should be designed and sited 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 of a nonreflective finish, the color of which shall be subject to approval. Any lights which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.

No tower shall contain advertising devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.

If the applicant is not the telecommunications provider, sufficient evidence to show they are properly affiliated with such provider.

The special use permit holder may repair and maintain existing telecommunications facilities without restriction.

Mere co-location does not require a special use permit, but still is subject to site plan review.

Satellite antennas used for television or radio purposes are exempt from the provisions of this article, provided they are less than one meter in height.

If federal or state law conflicts with any part of this article, then such federal or state law shall preempt any such part of this article, which shall not affect the validity of this article's remaining sections.

The owner/applicant must submit to the ZBA a completed, written special use permit application and site plan;

The special use permit is considered by the ZBA at a public hearing conducted within 62 days of submission of the complete application;

The ZBA will send written notice of the public hearing to all property owners within 500 feet of the boundaries of the property on which the proposed tower will be located, at least five days before such hearing;

If the owner/applicant satisfies the requirements for a special use permit set forth above, the application proceeds to site plan review in order to ensure the plan satisfies the standards found in § 262-55E above and the general site plan review process of the Town of Verona;

The special use permit approval by the ZBA is contingent on the receipt of a bond for the demolition of the telecommunications tower, with an escalation rate for future costs of demolition received within 10 business days of written special use permit approval, and said bond shall be subject to the approval of the ZBA and the Town Attorney.

This chapter is meant to control towers and similar facilities in the town. Unless specifically referenced in this chapter, other sections of the Zoning Law are intended to be inapplicable (such as height limitations normally required in the relevant zoning district).

If the applicant obtains the approvals required by this section, the applicant must then apply to the Town Code Enforcement Officer for a building permit prior to the commencement of construction.