Loading...
HomeMy WebLinkAbout1997-Ordinance_Tower Ordinance.pdff MARCH 211997 TOWER ORDINANCE TOWN OF ULYSSES Be it enacted by the Ulysses Town Board a zoning ordinance to amend Article IV Section 1 (n) of use regulations of the Ulysses Town zoning Ordinance. Legislative Intent. The Town of Ulysses recognizes the increased demand for wireless communications transmitting facilities and for the services they provide. Often these facilities require the construction of a communications tower. The intent of this ordinance is to protect the Town's interest in siting towers in a manner consistent with sound land use planning by: 1. Minimizing visual effects of towers through careful design, siting and vegetative screening; 2. Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures and facilities; and 3. Maximizing use of any new or existing tower and encouraging the use of existing buildings and/or structures to reduce the number of towers needed; while also allowing wireless service providers to meet their technological and service objectives for the benefit of the public. There is hereby added after Article IV (1) (n) a new sub -section n(l) as follows: Tin(1)COMMUNICATION TRANSMISSION TOWERS AND TELECOMMUNICATIONS FACILITIES. A. PURPOSES. In addition to. Other public utilities uses provided herein, communication transmission towers and telecommunication facilities may be constructed and maintained in residence districts subject to the provisions of this section. B. DEFINITIONS. 1. TELECOMMUNICATIONS FACILITIES - Towers and/or Antennas and Accessory Structures used in connection with the provisions of cellular telephone service, personal communications services (PCS), paging services, radio and television broadcast services and similar broadcast services. 2. TOWER - A structure designed to support Antennas. It includes, without limit, free-standing towers, guyed towers, monopoles and similar structures which employ camouflage technology. 3. 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, PCS and microwave communications. 4. ACCESSORY STRUCTURE - An accessory facility or structure serving or being used in conjunction with a Telecommunications Facility or Tower and located on the same lot as the Telecommunications Facility or Tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets. 5. CO -LOCATED ANTENNAS - Telecommunications Facilities which utilize existing Towers, buildings or other structures for placement of Antenna (s) and which do not require construction of a new Tower. C. FILING APPLICATION AND PLANNING BOARD PROCEDURES. 1. The applicant will submit a written application for such a permit with the Building Inspector. The applicant will submit such information and 2 documents as the Building Inspector (or any other officer or Town agency having jurisdiction) may require. Included in these documents must be a development plan and copies of all documents submitted by the applicant to the Federal Communications Commission or any other governmental agency having jurisdiction. Further, the applicant shall submit an Environmental Assessment Form (Long Form), with Visual Addendum, andan analysis demonstrating that location of the Telecommunications Facility as proposed is necessary to meet the frequency reuse and spacing needs of the applicant's telecommunications system and to provide adequate service and coverage to the intended area. In addition, each applicant shall submit a site plan preparedto scale and in sufficient detail and accuracy showing at a minimum: a. The exact location including geographic coordinates of the proposed Telecommunications Facility and/or Tower, together with any guy wires and guy anchors, if applicable; b. The maximum height of the proposed Telecommunications Facility and/or Tower to include all appurtenances; C. A detail of Tower type to include engineering drawings from Tower manufacturer (monopole, guyed, free-standing or other) ; d. The location, type and intensity of any lighting on the Tower; e. Property boundaries and names of adjacent land owners; f. Proof of the landowners' consent to abide by the ordinance if the applicant does not own the property; g. The location of all other structures on the property and all structures on any adjacent property within one hundred (100) feet of the property lines, together with the distance of those structures to any proposed Tower; h. The location, nature and extent of any proposed fencing, landscaping and/or screening; and 3 i. The location and nature of proposed utility easements and access road, if applicable. 2. The Building Inspector will not be required to proceed under this law, until an application is complete and application fee is paid as set by the Town Board. 3. As soon after the applicant has filed all documents and supplied all the 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 (i) posted and (ii) published at least once in the official newspaper, the first publication of which shall be at least 10 days prior to the date set for the hearing and (iii) mailed to owners of property lying within 1,000 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 at applicant's cost. It shall be sufficient if the determination of the ownership is based on the current assessment roll and assessment map, but the failure to notify all such owners shall not render defective any action of the Planning Board. The date of such public hearing shall be within 40 days from the date on which the completed application was filed with the Clerk of the Planning Board. 4. 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. 5. The special permit may be granted, denied or granted with conditions by the Planning Board. D. LIMITED PERMIT. Any permit granted under this section will be valid only for the dimensions and number of Antennas or Towers in the original El application. Changes must be by new application to the Planning Board. E. THE APPLICATION. The applicant shall submit to the Planning Board the following materials: 1. A report from a professional engineer which shall: a. Describe the tower and the technical, economic and other reasons for the tower design; b. Demonstrate that the tower is structurally sound; C. Describe how many and what kind of antennas are proposed; d. Describe how many and what kind of antennas are possible on the tower; e. Demonstrate that the site can contain on - substantially all site ice -fall or debris from tower failure; f. Demonstrate that the proposed electromagnetic radiation will not exceedthe levels for uncontrolled environment recommended in Federal Communication Commission in FCC - 96-326 Tablet entitled"Limits for Maximum Permissible Exposure" (MPE),to include any current limits by FCC at time of application, at the following locations: 1. Base of the tower or point near the tower with the highest radiation levels; 2. The nearest point on the property line; 3. The nearest habitable space regularly occupied by people. 2. A copy of the applicant's Federal communications Commission (FCC) license including any requirements from the Federal Aviation Administration (FAA). 3. A copy of the certificate of need issued by the Public Service Commission. 4. A letter of intent committing the tower owner applicant and/or landowner to negotiat2 in good faith for shared S use by third parties. This letter, which shall be filed with the Building Inspector prior to issuance of a building permit, (assuming the telecommunications tower is approved), shall commit the tower owner and his or her successors in interest to: a. Respond in a timely, comprehensive manner to a request for information from a potential shared -use applicant. b. Negotiate in good faith for shared use by third parties. C. Allow shared use if an applicant agrees in writing to pay charges. d. Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the site to emit electromagnetic radiation in excess of levels described above. 5. Evidence that existing facilities do not have space on which planned equipment can be placed so it can function effectively. This shall include the following: a. The applicant shall contact the owners of all existing or approved towers within a ten (10) mile radius of proposed site. b. The applicant shall provide each contacted owner with the engineer's report required above. C. The applicant shall request each contacted owner to assess the following: 1. Whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing structural instability or electromagnetic interference. 2. If the antenna cannot be accommodated, 0 assess whether the existing tower could be structurally strengthened or whether the antennas and related equipment could be protected from interference. 3. Whether the owner is willing to make space available. 4. The projected cost of shared use. 6. Visual EAF addendum to the full EAF. a. The applicant shall indicate how structure the can be blended with the including viewshed, any attempts at camouflage. b. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF (visual EAF addendum to be drafted by the Planning Board and adopted by the Town Board) . F. AREA REQUIREMENTS. a. The tower or antenna shall be less than one hundred feet in height unless a different height is demonstrated by applicant as necessary and proof as to coverage needs is fully proven for additional height. b. Minimum parcel size shall be five [5] acres. C. Minimum setback from the property line for the base of the tower shall be twice the height of the tower. d. Accessory structures, guy anchors and fencing shall be set back according to the yard requirements in the district. e. The base of the tower shall be at least 300 feet from the nearest dwelling. G. LIMITS OF PERMISSIBLE EXPOSURE AND INSPECTION THEREOF. The Town shall verify by testing annually at applicant's or owner's expense, electric and magnetic field limits and power density conforming to FCC 96-326 Table 1. The annual inspection shall include structural safety. Both structural safety and 7 emission standard are to be governed by then current state and federal regulations. The actual levels of electromagnetic radiation as measured in the field, in the same locations as those calculated in the original engineer's report, number of antennas and transmitter power shall be verified on an annual basis by the owner's expert. It shall be reviewed by a licensed expert retained by the Town of Ulysses. The applicant shall deposit with the town, on an annual basis, a sum sufficient to pay for the verification of the annual information required. Any portion of the fee not used to pay for the retention of an expert by the Town of Ulysses shall be refunded to the owner of the telecommunications tower. H. AESTHETICS. Telecommunications Facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help insure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following: /*7 1. The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the Tower and Accessory Structures to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible; 2. The Planning Board may require that the Tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that Towers should not be artificially lighted, except as required by the FAA; 3. The Tower shall be of galvanized finish or painted matte grey unless otherwise required by the FAA and accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings; and 4. No Tower shall contain any signs not mandated by the FCC. I. ACCESS AND SAFETY. 1. A road turnaround and two (2) parking spaces shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction and public utility services of this site shall, at all times, minimize ground disturbance and vegetation cutting and road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. 2. All Towers and guy anchors, if applicable, shall be enclosed by a fence not less than six (6) feet in height or otherwise sufficiently secured to protect them 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. Upon written request from the Town, applicant shall provide a certification from a qualified, licensed engineer, certifying that the Tower or Telecommunications Facility meets applicable structural safety standards. D J. SHARED USE OF TOWERS. In the interest of minimizing the number of new Towers, the Planning Board may require, as a condition of either site plan or Tower Permit approval, that the applicant indicate in writing its commitment to co -location of Telecommunications Facilities as set forth under E(4) herein, and that the applicant design the Tower to have a minimum height and carrying capacity needed to provide future shared usage. The condition for co -location may not be required if the applicant demonstrates that provisions of future shared usage are not feasible or impose an unnecessary burden based upon: (1) the number of Federal Communications Commission (FCC) licenses foreseeably available for the area; (2) the kind of Tower site and structure proposed; (3) the number of existing and potential licensees without tower spaces; (4) available spaces on other existing and approved Towers; and (5) potential adverse visual impacts by a Tower designed for shared usage. K. ALTERNATE SITE REVIEW. The Planning Board before rendering its decision, shall consider the following standards and matters: 1. The need in the community for the proposed use. a. The availability of alternative sites. b. The physical features and the general character, present use and probable future use of the land in the neighborhood. C. Whether the population density of the land in the vicinity warrants the proposed use. d. The distance from existing and proposed public rights of way and from existing residential development; nature of access to and from the 10 site. e. The adaptability of the site for the proposed use; topography, natural buffers, screening and fencing. f. The size of the site chosen for the proposed use. The radio transmission tower 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 five (5) acres. g. The projects not regularly cause objectionable odors, noise, glare, vibration or electrical disturbance as a result of the project's operation. h. 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. L. OTHER PERMITS. 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. The applicable procedures of the State and Local SEQR Laws shall be complied with. All provisions of the Town's Zoning Ordinance and other applicable laws not inconsistent with this law shall govern all proceedings. M. REMOVAL PROVISIONS. 11 The applicant and/or owner shall agree, in writing, to remove the Tower and Antennas if the Telecommunications Facility becomes obsolete or ceases to be used for its intended purpose for twelve (12) consecutive months. Removal of such obsolete and/or unused Towers or Antennas shall take place within twelve (12) months of cessation of use which can be extended by the Planning Board for good cause. such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete Tower or Antennas upon any person subsequently securing rights to co -locate on the Tower or Telecommunications Facility. N. FINANCIAL GUARANTEE. The Planning Board may, as a condition of special use permit approval, require the applicant and/or owner to provide a letter of credit, performance bond or other financial guarantee to the Town that funds will be available for the facilities in the event of non-compliance with the provisions of this ordinance. 0. NON -CONFORMING. Upon the effective date of this ordinance, it shall be deemed that existing erected towers as of that date shall be allowed as non -conforming uses. However, it is deemed necessary for the public's health and safety that all non -conforming uses be in compliance with this ordinance within ten (10)years of the effective date of the ordinance. Each existing structure that is a non -conforming use shall within said ten (10) years apply for a special permit under this 12 ordinance to continue to be allowed by this zoning ordinance. Failure to do so shall be a continuing violation of this zoning ordinance for each and every day after the expiration of said ten (10)yeargrace period. I hereby certify that the foregoing resolution was adopted by the Town Board of the Town of Ulysses on March 27, 1997 Witness my hand and seal of said Town This 21 day of March 1997 i 13