West Seneca City Zoning Code
ARTICLE IIIB
Telecommunications Facilities
§ 120-40.14 Authority.
§ 120-40.15 Intent.
The Town of West Seneca recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities. The intent of this article is to regulate telecommunication facilities in accordance with the guidelines of the Telecommunications Act of 1996 by:
A.
Accommodating the need for telecommunication towers/antennas while regulating their location and number in the community.
B.
Minimizing adverse visual impacts of these towers/antennas through proper design, siting and screening.
C.
Preserving and enhancing the positive aesthetic qualities of the built and natural environment in the Town of West Seneca.
D.
Avoiding potential damage to adjacent properties from tower failure, falling ice, etc., through engineering and proper siting.
E.
Requiring the joint use of towers when available and encouraging the placement of antennas on existing structures to reduce the number of such structures in the future. No new tower may be established if there is a technically suitable space available on an existing communications tower or structure within the search area that the new cell site is to serve.
§ 120-40.16 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility, and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets.
A system of electrical conductors that transmit or receive frequency signals. Such signals shall include, but not be limited to radio, television, cellular, paging, personal communication services (PSC) and microwave communications.
Towers and/or antennas and accessory structures together used in connection with the provisions of cellular telephone service, personal communications services, paging services, radio and television broadcast services and similar broadcast services.
A structure designed to support antennas. It includes without limit, freestanding towers, guyed wires, monopoles and similar structures which or which do not employ camouflage technology.
§ 120-40.16.1 Where permitted, approvals and bulk requirements.
A.
Colocated/existing structure antennas. An antenna that is to be attached to an existing communications tower, smoke stack, water tower or other structure is permitted in all zoning districts. The antenna is permitted upon issuance of a building permit in all areas. The building permit application will include a structural analysis/report verifying the ability of the structure to handle the antenna. The height of the new antenna shall not extend above the height of the existing structure by more than 50 feet.
[Amended 2-23-1998]
B.
Noncollocated/new structure antennas. An antenna that will not be mounted on an existing structure as defined above or is more than 50 feet higher than the existing structure on which it is mounted is permitted as follows:
(1)
Municipal or government-owned property, or industrially zoned (M-1, M-2 areas): site plan application per this article. If the tower is to be set back a distance of less than the height of the proposed tower plus 150 feet to any adjacent residential district, then the application will require a tower special permit and site plan approval.
(2)
All commercial zoning districts: site plan review and a tower special permit as set forth in this article. Applicant must provide written documentation that municipal, government-owned or industrially zoned property is unavailable for this site.
(a)
The tower must be set back a minimum of the height of the tower plus 150 feet from any residentially zoned property or any front yard line.
(b)
Towers exceeding 195 feet in height in commercial (C-2 and C-1) zoning districts shall be treated as type-1 actions under the State Environmental Quality Review Act (SEQRA).
(3)
All residential zoning districts: site plan review and a tower special permit.
(a)
The tower must be set back a minimum of the height of the tower from all property lines and any existing building.
(b)
The maximum height of a tower in these zoning districts is 175 feet. An area variance for height will be required from the Town Board to exceed this height following initial review by the Planning Board.
(c)
All applications for telecommunications facilities in these zoning districts shall be treated as type-1 actions under the State Environmental Quality Review Act (SEQRA). The applicant must provide written documentation that site locations or access roads in nonresidentially zoned areas are unavailable.
§ 120-40.16.2 Tower special permit application materials.
All applicants for a tower special permit shall make written application to the Planning Board through the Town Building Department. This application, with all forms properly completed in duplicate copies of 20 sets, submitted 21 days prior to the scheduled hearing date, shall include:
A.
Tower special permit application form (town-supplied).
B.
Proof of notification (certified mail, return receipt to be given to the town by the applicant) of all property owners within 500 feet of the boundaries of the property that the tower is to be constructed.
D.
Site plan application forms, including long form EAF.
E.
Site plan, in form and content acceptable to the town, prepared to scale and in sufficient detail and accuracy showing at a minimum:
(1)
The exact location of the proposed tower, together with guy wires and guy anchors, if applicable.
(2)
The maximum height of the proposed tower.
(3)
A detail of tower type (monopole, guyed, freestanding or other).
(4)
The color or colors of the tower.
(5)
The location, type and intensity of any lighting on the tower.
(6)
The property boundaries [a copy of a current (no older than five years, with a notarized affidavit of no change) property survey must also be provided]. A topographical drawing shall be submitted covering an area no less than 500 feet beyond the proposed lease area of the tower location.
(7)
Proof of the landowner's consent if the applicant will not own the property. (A copy of a lease agreement must also be provided if the applicant will not own the property.)
(8)
The location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower.
(9)
The names of adjacent landowners.
(10)
The location, nature and extent of any proposed fencing and landscaping or screening.
(11)
The location and nature of proposed utility easements and access road, if applicable.
(12)
Building elevations of accessory structures or immediately adjacent buildings. The exterior appearance of companion buildings must be compatible with other buildings in the site plan area.
(13)
Photographs of the site (with compass direction) and proposed tower design shall be submitted.
(14)
Letter of intent regarding whether or not the applicant plans to lease space for colocation or to other carriers.
F.
"Before" and "after" propagation studies prepared by a qualified radio frequency engineer (signed and sealed by a professional engineer registered in the State of New York) demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
G.
A "search ring" prepared by a qualified radio frequency engineer (signed and sealed documents by a professional engineer registered in the State of New York) 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 Planning 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 colocated antenna(s), and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning colocation is part of this requirement.
H.
The Town Planning Board, upon reviewing the application, may request reasonable additional visual and aesthetic information as it 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 Planning Board. Line-of-sight drawings and visual simulations are mandatory for applications in residential zoning districts.
§ 120-40.16.3 Tower special permit standards.
The following criteria will be considered by the town prior to the approval/denial of a request for a tower special permit. The criteria listed may be used as a basis to impose reasonable conditions on the applicant.
A.
Siting preferences.
(1)
The town may express a preference that the proposed telecommunications facility be located in an alternate technologically feasible and available location. A guideline for the town's preference, from most favorable to least favorable districts/property, is as follows:
(2)
Any request by the town for information on a preferred alternate site shall not unreasonably delay the applications.
B.
Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic affect on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(1)
The Planning Board may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower.
(2)
The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(3)
The town can request additional site plan requirements such as specially designed towers, additional screening, greater setbacks and improved landscaping to address aesthetic concerns.
(4)
The town may require the applicant to show that he has made good faith efforts to colocate 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. However, such request shall not unreasonably delay the application.
(5)
Towers should be designed and sited so as to comply with application of FAA lighting and painting requirements. Towers in excess of 100 feet shall be artificially lighted, as well as all those required to be lighted 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 this article or by the FAA, shall not consist of strobe lights, unless specifically mandated by the FAA.
(6)
No tower shall contain any signs or advertising devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.
(7)
The applicant must submit a copy of its policy regarding colocation on the proposed tower with other potential future applicants. Such policy should allow colocation under the following conditions:
(a)
The new antenna(s) and equipment do not exceed structural loading requirements, interfere with town space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment;
(b)
The party desiring to colocate pays the applicant an appropriate and reasonable sum to colocate; and
(c)
The party desiring to colocate has the similar policy of colocation for the applicant.
C.
Radio-frequency effect. The Planning Board may impose a condition on the applicant that the communication antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency (EPA) technical exposure limits, and that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded. The applicant shall provide documentation that limits are not exceeded after installation of the tower. These are to be submitted to the Town Engineer.
D.
Traffic, access and safety.
(1)
A hard-surfaced road turnaround and one parking space shall be provided to assure adequate emergency and service access. In residential zones, access roads must be located not less than 20 feet from any adjoining lot. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road right-of-ways for the siting of a tower or antenna(s) accessory structures is prohibited.
(2)
All 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. An antivandalism fence extension shall be placed above said fence to further deter access. No barbed or similar type wire is to be used. Additionally, no access ladder or steps shall exist within 30 feet of ground level.
E.
Removal of tower. 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 applicant is to inform the town within 30 days if the tower is no longer being used for its permitted purpose. The Planning Board shall require the applicant to provide a demolition bond (in an amount determined by the Planning Board based on at least double the cost of removal) for purposes of removing the telecommunications facility in case the applicant fails to do so as required above.
F.
Structural safety. During the application process and every three years after construction of the tower, the applicant/owner shall provide a certificate from a qualified professional engineer certifying that the tower meets applicable structural safety standards.
G.
Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair.
H.
In any instance where a site is denied for a tower by the Town Board, a twelve-month estoppel period shall be in effect barring another application on that site for one year.
§ 120-40.16.4 Exemptions.
§ 120-40.16.5 Waivers.
The Planning Board may waive or vary any requirements in this article for good cause shown.