Wheatfield Town City Zoning Code
ARTICLE XVIA
Small Cell Telecommunications Facilities SCTF
[Added 4-15-2019 by L.L. No. 2-2019]
§ 200-124.1 Purpose and intent.
A.
The Town of Wheatfield finds a growing need to address small cell telecommunications facilities (SCTFs). Prior to the adoption of this article, no specific procedures or requirements existed to address issues related to siting SCTFs. Accordingly, the Town Board finds that the promulgation of this article is necessary to direct the location, construction, and maintenance of these facilities while encouraging investment in small cell technology in the Town which is consistent with the Town's Comprehensive Plan and the anticipated communication needs of the residents of the Town of Wheatfield.
B.
Therefore, it is the intent of this article to regulate the siting, location, construction and modification of SCTFs in accordance with the Federal Telecommunications Act of 1996 and its most recent updates, and other applicable laws and rulings, by:
(1)
Establishing reasonable and uniform standards and procedures for small cell personal telecommunications facilities' (SCTFs') deployment, construction, installation, design, co-location, modification, operation, relocation and removal within the public rights-of-way (PROW), public and private properties, and other areas of the Town.
(2)
Accommodating the need for SCTFs in accordance with federal law.
(3)
Requiring these facilities to utilize careful siting, state-of-the-art technology, advanced design, innovative concealment (camouflage or stealth techniques), sufficient screening and buffering to protect the community's scenic and natural beauty, the public rights-of-way and easements, and the overall character of the community.
(4)
Conserving the limited physical capacity of those public rights-of-way held in trust by the Town.
(5)
Ensuring that the Town's current and ongoing costs of granting and regulating private access to and the use of the public rights-of-way and facilities are fairly and fully compensated by the petitioners seeking such access and causing such costs.
§ 200-124.2 Definitions.
See the definitions in Article XVI and the following:
PUBLIC RIGHTS-OF-WAY or "PROW"
Real property for or devoted to i) public transportation purposes; or ii) the placement of the Town's municipal utility easements and other traditional uses along a transportation route, whether by dedication, prescription, or otherwise, as well as the spaces above and below. In addition to the foregoing, the definition of "right-of-way" includes, without limitation, public highways, streets, avenues, alleys, sidewalks, bridges, aqueducts, and viaducts within the Town.
PUBLIC UTILITY
Persons, firms or corporations supplying gas, electricity, water, power, transportation or land-line telephone to the general public. For purposes of this chapter, personal wireless telecommunications service facilities shall not be considered a public utility and are defined separately.
SCTF - SMALL CELL TELECOMMUNICATIONS FACILTY
This is an industry term that is further defined in 47 CFR 1.1312(e)(2) or as revised.
SMART POLE
A term used for modern standards that have distinguishing features, including i) designs that blend into the environment; ii) the ability to carry telecommunications equipment completely internally, often with capacity for multiple SCTF antennas; and iii) are designed for co-location with other modern services desirable in high-tech communities, such as intelligent LED lighting, electric vehicle charging, LED signage, cameras, emergency assistance, and battery backup.
TELECOMMUNICATIONS ACCESSORY STRUCTURE
Accessory buildings and structures, including base stations, designed and used to shelter telecommunications equipment and/or to support telecommunications facilities.
§ 200-124.3 General regulations.
A.
No small cell (SCTF) personal wireless service facility shall hereafter be used, erected, moved, reconstructed, changed or altered except in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower for an SCTF unless in conformity with these regulations. Any applications pending for SCTF structures, antennas or accessory structures on the effective date of this article shall be subject to the provisions of this article.
B.
This article shall take precedence over any inconsistent provisions of the Zoning Law of the Town of Wheatfield.
§ 200-124.4 Location; approvals needed.
A.
Applications for small cell telecommunications facilities shall propose, locate, site, and erect these facilities in accordance with the following priorities: co-located/existing structure antennas being the most preferred, and non-co-located/new structures over 35 feet in height being the least preferred. All applications shall require a preapplication meeting with Town officials to determine process and submittal requirements.
B.
The following are the approvals and other requirements needed for proposed SCTFs:
(1)
SCTF: co-located/existing structure.
(a)
An SCTF that is to be attached to an existing wireless telecommunications tower facility, or any building or structure (not on a private single-family or duplex home), is permitted in all zoning districts and will be reviewed administratively through a building permit process specifically designed for these types of projects (which may include a courtesy review and recommendation by the Planning Board, as determined by the Building Department). These SCTFs may also include accessory equipment that is also regulated under this Code. If the proposal is to locate the antenna on or within Town-owned property, the project will require approval from the Wheatfield Town Board.
(b)
The building permit application will include a structural analysis/report verifying the ability of the structure to handle the SCTF equipment. SCTFs on structures, buildings, etc., shall be located in such a manner to reduce their visual appearance, utilizing stealth technology to the fullest extent possible. Specifically, these technologies can include integrating the antenna into the pole or other structure, flush mounting the antenna, camouflaging the antenna, designing the antenna to match the structure, etc. See the Town of Wheatfield design guidelines document for additional information on acceptable designs. Multiple SCTFs on a single structure shall also be subject to these aesthetic requirements. In areas of high visibility (visible to residential homes or the traveling public), accessory equipment and any structures may need to be screened, camouflaged or, if allowed, placed below ground in a vault.
(c)
Other co-located SCTFs may be placed on:
[1]
Existing utility, light or telephone poles.
[a]
The height of the new antenna/SCTF shall not extend above the height of the existing structure by more than five feet. (Note the requirement for placing new SCTFs on or within Town-owned property). If a pole needs to be replaced in order to accommodate the SCTF, then the replacement pole shall not be more than five feet higher than the existing pole. (If more than five feet taller, then the application will be treated as a new support structure.) The use of smart poles which incorporate the functions of the current pole and have the capability of future expansion to other services is encouraged where replacement poles are necessary.
[b]
If the new antenna/SCTF is being placed on a structure within non-Town governmental-entity-owned lands (like a road right-of-way), but is to be located on a structure (like a utility pole that is not owned by that other government entity), then the project may require referral by the Building Department to the Planning Board for review and input prior to issuance of a building permit;
[2]
Industrial buildings. The height of the new antenna/SCTF shall not extend above the height of the existing building by more than 12 feet;
[3]
Multifamily residential buildings. The height of the new antenna/SCTF shall not extend above the height of the existing building by more than 12 feet;
[4]
Commercial buildings. The height of the new antenna/SCTF shall not extend above the height of the existing building by more than 12 feet;
[5]
Water tower. The height of new antenna/SCTF shall not extend above the height of the water tower by more than 12 feet; or
[6]
Existing standalone, wireless telecommunication tower facility. The height of the new antenna/SCTF shall not extend above the height of the existing facility by more than 12 feet.
(2)
Non-co-located/new support structure SCTF (including requiring a new support structure or a structure being expanded beyond the allowable limit).
(a)
An SCTF that will not be mounted on an existing structure (or allowable replacement structure), as defined above, or is more than the allowed height above that structure on which it is mounted, is permitted as follows:
[1]
Municipal or government-owned property:
[a]
If located on municipally (Town of Wheatfield) owned property, a Town lease, license agreement or master license agreement must be obtained, and the Town must refer the proposal to the Planning Board for their input. The tower/pole/support structure must be set back the height of the tower from any residentially zoned property and be in accordance with the applicable requirements of this article.
[b]
If proposed in Town road right-of-way, the Town will require a Town lease, license agreement or master license agreement, and also require the project to receive Highway Department referral and recommendation. Proper location and setbacks shall be agreed to with the Town (in the lease, license or agreement).
[c]
If located on county, state, and federal property or rights-of-way, or public school property, the SCTF shall be administratively reviewed by the Town, and the Planning Board shall conduct a courtesy review, and the tower must be set back the height of the tower from any property line.
[2]
On all properties that are privately owned, the application will require site plan approval. The new SCTF tower/pole/support structure shall be located a minimum of the height of the structure from any residential property line.
(b)
For SCTFs that fall into this category, the use of smart poles is strongly encouraged particularly in neighborhoods where utilities are primarily or completely underground. Smart poles allow a pole design to be chosen that does not substantially change the character of the neighborhood, provide the opportunity for expansion of SCTF services without requiring additional aboveground structures, and may be justification to include other desired services, such as streetlighting, on those new poles.
(c)
All non-co-located/new support structure SCTFs shall be located in such a manner to reduce their visual appearance, utilizing stealth technology to the fullest extent possible. Specifically, these technologies can include integrating the antenna into the pole or other structure, flush mounting the antenna, camouflaging the antenna, designing the antenna to match the structure, etc. See the Town of Wheatfield design guidelines document for additional information on acceptable designs. Multiple SCTFs on a single structure shall also be subject to these aesthetic requirements. In areas of high visibility (visible to residential homes or the traveling public), accessory equipment and any structures may need to be screened, camouflaged or, if allowed, placed below ground in a vault.
(d)
For any new support structure SCTF that will be more than 35 feet tall (up to 50 feet tall, per the definition of small cell), the applicant will complete visualizations to ensure that the new structure is compatible with the neighborhood where it is to be placed. A smaller structure or alternative locations may be necessary.
(3)
Other requirements.
(a)
The petitioner must sign and submit a tolling agreement that states the petitioner's understanding that the preapplication meeting in no way constitutes review of their application and that the "shot clock" on their project will not begin until an official application has been properly submitted.
(b)
The petitioner shall submit evidence that a preapplication meeting has been held with the relevant Town departments in the form of a memorandum to include a summary of the meeting and comments made by the Town entities in attendance. This memorandum shall be independently reviewed and verified as accurate by all involved Town entities and deemed part of the official record.
§ 200-124.5 Submittal requirements.
The following information shall be contained in the application:
A.
State Environmental Quality Review Act (SEQRA) environmental assessment form (EAF): a completed EAF, including the visual EAF addendum. The visual assessment report shall include appropriate models and photography assessing the visibility from key viewpoints identified in the visual EAF addendum, existing tree lines, and proposed elevations.
B.
Landscape plan (if requested at the preapplication meeting).
C.
Preliminary report prepared by a licensed professional engineer describing:
(1)
Feasibility of co-location on existing structures and telecommunications facilities;
(2)
Required improvements or construction activities, including those within the public right-of-way or lands owned or controlled by the Town of Wheatfield;
(3)
Plans for construction of a telecommunications accessory equipment building or structure, if needed;
(4)
Proposed mitigation measures for visual impacts;
(5)
Proposed safety measures.
D.
In the case of a telecommunications antenna/SCTF mounted on an expanded existing structure, additional information shall be provided indicating the existing structure's suitability to accept the telecommunications antenna/SCTF, the proposed method of affixing the telecommunications antenna/SCTF to the structure, and complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
E.
A site plan, in conformance with applicable site plan submission requirements under this chapter. The site plan shall show all existing and proposed structures, equipment, parking, and other improvements. Elevations of existing and proposed structures shall also be provided, showing height, width, depth, type of materials, color schemes, and other relevant information. All features of the facility necessary for providing access, electrical service, land-based telephone line connection and/or microwave link capability within the property boundaries of the proposed location shall be shown.
F.
In the case of an application for an SCTF to be located on private lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner shall be provided (redacted as necessary).
G.
Such other information as may be required by the Planning Board or the Town Engineer or Building Inspector, or other Town consultant.
H.
The application fee in accordance with and as described in the Town's Schedule of Fees shall be included with the application.
§ 200-124.6 Revocation.
If the applicant violates any of the conditions of its approval or violates any other local, state or federal laws, rules or regulations, this shall be grounds for revocation of the site plan approval or agreement. Revocation may occur after the applicant is notified of the violations and the Planning Board holds a hearing on same.
§ 200-124.7 Removal, relocation or modification of SCTFs in the PROW.
A.
Within 90 days following written notice from the Town, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the Town has determined that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Town improvement in or upon, or the operations of the Town in or upon, the rights-of-way.
B.
Emergency removal or relocation of facilities. The Town retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the Town, as the Town may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Town shall notify the wireless telecommunications provider and provide the wireless telecommunications provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless telecommunications provider after cutting or removing a small wireless facility.
C.
Abandonment of facilities. Upon abandonment of a small wireless facility within the rights-of-way of the Town, the wireless provider shall notify the Town within 90 days. Following receipt of such notice the Town may direct the wireless provider to remove all or any portion of the small wireless facility if the Town, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.
§ 200-124.8 Interpretation; conflict with other laws.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. It is not intended to interfere with, abrogate, or annul other rules, regulations or laws, provided that whenever the requirements of this article are at variance with the requirements of any other lawfully adopted regulations, rules, or laws, the most restrictive, or those which impose the highest standards, shall govern.
§ 200-124.9 Severability.
If any section, subsection, phrase, sentence, or other portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.