HomeMy WebLinkAboutLL3 of 1998.PDFViIIage of Cayuga Heights
Local Law No. 3 of ihe year 199g
Amending ZoningOrdinance to add Section 77_8,Telecommunications Towers and Facilities
The zoning ordinance of the village of cayuga Heights as re-adopted, amended andilrt|;t,tarch r, 1962, thereun". u-"rded from tim! to time be further amended asi' Section 17 denominated sIGNS is hereafter to be referred to as Section r7-A.n
*ffxd;tl"', 17-8, rElEconaruruNrcArroN iowBns AND FA;irnrus, i,
PItRPosE: The l:{p?:" of these supplernental regulations-is to promote the health,safety' and general welfare "i,rr. *riaents of the fiiirg.
"rc"yuga Heights; to providestandards for the safe provision of telecommunications consistent with applicable federaland state reguiations; to minimi ze the totalnumber of telecommunication towers andfaciiities in the community uy "rr.oulging shared ur" oir"irting and future facilities,and the use of exisl1,t-?1i,t*.tur.r; to serve the prevaiiing aesthetic of the entirevillage and to minimize adverse visual effbcts ao* t"i.rommunication towers byrequiring careful siting, visual i*pu.t urr.ssment, and appropriate randscapins.
1. Definitions
a' Telecommunication Tower - Any structure greater than thirty (30) feet inheight which is capable of.receivrng and. /ort uir*ittl"g .:grr?1. for the purpose ofcommunic ation in connection with i terecommuni c ati ons .*cilfiy.b' Teiecommunication Facility- anv commercial equipment used in connectionwith the provision of two-way wir.tes communication services, including cellulartelephone services, personar communications services, and private radiocommunications services, regulated by the e"a.rui Conirunications commission inaccordance with the Teleconimunications Act of tggi-dnaother federal laws. Atelecommunications facility tttuuirrrual *9"9nor-, ,"r.a, or latticework tower(s), as::],tj.1 antenna(s), switching stations, principar and'u-""L.rory telecommunicationsequtpment and supporting masts, wire, structures, and buildines.
2. Application of permit Regulationsa' No telecommunication-facility or tower (except those approved prior to theeffective date of this section) ,ttutt urur"d unless in conformity with these regurationswhich shall be administerea uv *r" irrage .zorrirrg ofii;r, permit applicationshereunder ro be heard by the vittug. Hu*irrg B";; d;;.uft.r ro_.d_..';,Iouro,1.No telecommunication iacility o. ti*., shall-hereart., u. erected, moved,reconstructed' changed or altered unless in .o"ro*lty *lrn ,rr.." regulations. Noexisting structures shall be -"difi;;; serve as a telecommunication tower unress inconformity with these regulations.b' Applicants proposinglo co-locate on a previously approved telecommunicationtower may be granted a permit under an abbreviated approval process as outlined in
subsection 3 below' They are, however, subject to Site Plan Review in accordancewith subsection 8 below of this Section. The Village Planning Board shall require theapplicant to submit the items under subsection 3(aj below as pafi of the Site plan
Review Process.
c' These regulations shall apply to all property within the Commercial District and theP'U'D. District' Telecommunication towers and facilities shall be specifically excludedfrom all other zones.
d. Applications for permit hereunder to construct new telecommunication
towers shall comply with the Code of Federal Regulations perlaining to objectsaffecting navigable airspace as delineated. within Federal Aviation ilgulations (FAR)Part77. Additionally, no application for construction of a new telecommunication
tower will be approved if the proposed tower violates the critefia for obstructions to airnavigation as established by FAR Part 77 SubpartC-Obstruction Standards.e. Applicants shall provide evidence of whether they are a public utility in the State ofNew York.
f. A11 applications under this section, once commenced, shall be processed to
completion by the applicant and the Village ',ZoningOfficer and planning Board withallthe reasonable promptness the matter will permit.
3. Shared Use of Existing Tall Structures. At all times, shared use of existing ta1l
structures (for example municipal water towers, multi-story buildings, churct steeples,farm silos, etc.), and existing or approved towers (see subslction2(6) above), shall bepreferred to the construction of new towers or facilities
a. An applicant proposing to share use of an existing tall structure shall be required tosubmit:
i. Such abbreviated application as the zon.ingofficer shall designate
at a pre-submission conference with the applicant.ii. Documentation of intent from the owner of the existing facility to allow use.iii. A site plan. The site plan shall show all existing and pioposed structures andimprovements including antennae, roads, buildings, guy wirls and anchors, parking
and landscaping, and shall include grading plans for new facilities and roads. Anymethods used to conceal the modification of the existing facility, shail be indicated
on the site plan.
iv' A NY Licensed engineer's report certifying that the proposed shared use willnot diminish the structural integrity and salety of the existing tall structur", u"Oexplaining what modifications, if any,will be required in orJer to certify to ttreabove.
v' A completed short form EAF (environmental assessment form) and, acompletedvisual EAF addendum, urder SEQRA (I.ryS Environmental euality Review Act).vi. A copy of its Federal communications commission (FCC) hcense.
b' ]f an applicant proposing to share use_of an existing tall structure submits completeand satisfactory documentation in accordance with suisection 3(a) above, and ifmodifications indicated according to subsection 3(a) are deemed insignificant by theBoard, and aftet the Board conducts a public hearing and complir, *ith all SEeRAprovisions, the Board may grant a permit under this section without fuither review. If
the Board determines that anymodifications indicated according to subsection 3(a) aresignificant, it may require further review accordin! to subsections g through 19 below.
4' New Telecommunication Tower' The Board may consider a new telecommunicationtower when the applicant demonstrates that shared use of existing tall structures andexisting or approved towers is impractical. An uppti.unishall be required to present anadequate report inventorying a1l &isting tall structu... uno existing or approved towerswithin a reasonabll oigtanc{9f the proposed site. This distance shall be determined bythe Board in consultatlol wilh the applicant. The r.p"n rirlir"o"uii# ion1"n|j*rtes forshared use of these existing facilities as an alternative to a proposed new tower. Thereport shall demonstrate good faith efforts to secure shared use from the owner of eachexisting tall structure and existing or appr:oved tower as well as documentation of thephysical' technical and'/or financial reasons why shared usage is not practicalin eachcase. written requests and responses for s,hared use shail be provided.
5' Shared usage of an Existing Tower site for placement of a New Tower. whereshared use of existing tall struJtures, and existing or approved towers, is found to beimpractical, the applicant shall investigate: shareJ urug, of an existing tower site for itsability to accommodate a new tower und ,,rr.rrory us"es. Documentation and conditionsshall be in accordance with subsection 4 above.eny proposais for a newtelecommunication tower on an existing tower site shall also be subject to therequirements of subsections 7 through i9'b"lo*, which *uy, u, appropriate in the sounddiscretion of the Board, entail a full"Permit application process hereunder as if it were anapplication for a new tower at a new location-.-
6' New Tower at a New Location. The Board may consider a new telecommunicationstower on a site not previously developed with u" r*lrti"g io*.. when the applicantdemonstrates that shared use-of existing talil structures, aid existing or approved towers,is impractical, and submits a report as Jescribea in .,ru."riion + above; and when theBoard detetmines that shared use of an existing tower siie for a new tower is und,esirablebased upon the applicant's investigation in accordance with subsection 5. Any proposalfor a new telecommunication towJr shall also be subject to the requirements ofsubsections 7 through 19 below, and the documentation to satisfy those requirementsshall constitute the permit application under this section.
7' New Towers: Future Shared, use. The applicant shalr design a proposed newtelecommunications tower to accommodate future demand for reception and transmittingfacilities' The applicant shall submit to the lBoard a letter of intent committing the ownerof the proposed new tower, and his/her successors in interest, to negotiate in good faithfor shared use of the proposed tower by other telecommunications providers in the future,This letter shall be filed with the buildinginspector p.io, io ir.uurr." oru uul,arg permit.Failure to abide by the conditions outlined in the letter may be grounds for revocation of
lffiS.tffipermit' The letter shall commit the new tower o.r.,. and his/her successors in
8.
a. Respond within 30 days to a request for information from a potential shared.
use applicant.
b. Negotiate in good faith concerning future requests for shared use of the newtower by other telecommunications pro.viders.
c. Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay reasonable charges. The charge may inciude but is notlimited to a pro rata share of the cost of site selection,-planning, project
administration, land_costs, site design, constructiotr und maintenancl financing,
retum on equity, and depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electro-magnetic
interference.
Site Plan Review: Submission Requirements.
a. An applicant shall be required to subrrit a site plan which depicts the
information required under subsections !) and 11 through 16 below. The site plan
shall show all existing and proposed structures and improvements including
roads, buildings, towers, guy wire and arrchors, antennae, parking and
landscapinE, an( shall include grading plans for new facilities ana roads, and must
bear the seal of an engineer licensed to practice in the State of New york. Some
of the details which the Board wili expect to be addressed are:i. The exact location including geographic coordinates of the proposed
telecommulications facility incluLding any towers, guy wires and anchors,if applicable.
ii. The maximum height of the p.roposed facility, including al1
appurtenances.
iii. A detail_of tower type, if any, including engineering drawings from the
tower manufacturer (monopole, guyed. free-standing, or other).iv. The location type and intensity of any lighting on the tower.v. Property boundaries and names of all adjacenf landowners.vi. Proof of the landowner's consent to the erection of the facility and
agreement to abide by this section of the zoringordinance if the applicant
is not the landowner.
vii. The location of all other struotures on the property and all structures
on any adjacent property within one hundred feet of tfrr property lines,
together with the distance of these structures from any proposed tower.viii. The location, nature, and extent of anypropor.d f."rr.irrg,landscaping
and screening.
ix. The location and nature of any proposed utility easement and access
roads or drives.
b' Supporting Documentation - The appiication shali submit a compiete EAF(long form), a complete Visual Environmental Assessment Form (visual EAFaddendum), and documentation on the proposed intent and capaciiy of use as wellas a justification for the height of any tower and justification ior unv.f.u"ng
required' The applicant shall a1s. submit a copy of its Federal communicationsCommission (FCC) license.
9' Lot size and setbacks' All proposed telecommunication towers and accessorystructures shall be located on u tingt. parcel and shall be set back from uuutiing parcelsand street lines a distance sufficieni to contain substantiarly on-site all ice-fall or debrisfrom tower failure (the "fall ,o';) uy!^r,."r* trrrffiacy of any adjoining properties"a' Lot size ofparcels containing a tower shaiibe determined by the amount ofland required to meet the setback r.quir...ntr. irflr. hnd is to be leased theentire area required shall be leaserJ aom a single parcel unless the Boarddetermines that this provision ma,g be waived.b. Terecommunication Towers shalr compty *itir alr existing setbackrequirementl,orfre^ underiying zoningoijrict, urra rnuu be located with aminimum setback from any pioperty iirr. .quut to one half (1 /2) of the height ofthe tower or the fa17 zonedemonstrated to the Board's satisfaction, whichever isgreater. Accessory structures shall comply with itr. mrnimum setbackrequirements in the underlying zoringOirt i.t. --'
10' visual Impact Assessment. The Bog{ may require the appricant to undefiake avisual impact assessment which may include:a' A"zone of visibilityMip" shall be provided in order to determine iocationswhere the tower may be seen.b' Pictorial representations and cornputer-generated visual simulations of ,,beforeand after" views from key viewpoints bothlnside and outsid. orth. vi1ug,including but not limited to: staie highwuy, unJ otrrer major road.s, state and localparks' other public lands, presetves and historic sites normally open to the public,and from any other location where the site is visifle to a large number of visitorsor travelers. The Board shail deternLine the upprop.r*, key sites at apre_submission conference with the applicant" \ '
c' Assessment of alternative tower o.rign, and color schemes, as described insubsection 11 below.
d' Assessment of the visual impact of the tower base, guy wires, accessorybuildings and overhead utility rines from abutting properties and streets.
11' New Tower Design' Alternative designs shall be considered for new towers,including lattice and singre p"1. ;t*";es. The design of a proposed new tower shalrcompiy with the followine:
a' My nr*':J:::gtll,".o.signed to accommodare tuture shared use bv othertelecommunications providers. -*-v'uravvarw )
b' unless ro.it^l:Itt:.]".tr.g by other regurations, a tower shail have a finish(either painted or unpainted) thattinirnir.", rir-ffi1 of visuat impact.c' The maximum height of anynew tower.shall bJjustified on
" ui"l,
"rrecessityand shall not exceed that which shall-permit "p*"ii* without artificiallighting ofany kind or nature, in accordance with -on'"iiur, ,tui., unozor federal law and/orregulations. The Board at its discretion may modify this requirement if theapplicant can justify the need to exceerl this height limitation.
d. The Board may request a review of the application by a qualified engineer in
order to evaluate the need for, and the design of, and the satisfaction of any other
requirements under this Ordinance, for any new tower. The cost of this review
shall be bome by the applicant, which cost shall not exceed $5,000 or lo/o of the
applicant's total project cost, whichever is greater. Such sum shall be deposited in
escrow with the Village at the time of filing an application here under. The permit
application fee shall be as established fro.m time to time by the Village tsoard of
Trustees.
e. Accessory structures shall maximize the use of building materials, colors and
textures designed to biend with the natural surroundings.
f. No portion of any tower or accessory structure shall be used for a sign or other
advertising purpose, including but not limited to, company name, phone numbers,
banners, and streamers.
12. Existing Vegetation. Existing on-site vegetation shall be preserved to the maximum
extent possible. No cutting of trees exceeding fc,ur (4) inches in diameter (measured at a
height of four (a) feet off the ground), sha1l take place prior to the approval of the special
permit. Clear cutting of trees exceeding 20,000 square feet for a facility shall be
prohibited.
13. Screening. Deciduous or evergreen tree plantings may be required to screen portions
of the tower and accessory structures from neartry properties as well as from public sites
known to include important views or vistas. Where a site abuts a residential property or
public property, including streets, screening shalll be required.
14. Access. Adequate emergency and service access shall be provided. Maximum use of
existing roads, public or private, shall be made. .Road construction shall, at times,
minimize ground disturbance and vegetation cutting to within the toe of fill, the top of
cuts, or no more than ten (10) feet beyond the edge of any pavement. Road grades shall
closely foilow natural contours to assure minimal visual disturbance and reduce soil
erosion potential.
15. Parking. Parking shall be provided to assure adequate emergency and service access.
The Board shall determine the number of required spaces based upon a recommendation
from the applicant. No parking spaces shall be located in any required yard.
16. Fencing and Security Measures. The tower and any accessory structures shall be
adequately enclosed by a fence, design of which shall be approved by the Board. This
requirementmay be waived by the Board if the applicant demonstrates that such
measures are unnecessary to ensure the security of the facility. Security lighting shall not
project off-site. A locked gate for entry may be required by the Board.
17, Removal of Telecommunications Facility. T'he applicant shall submit to the Board a
letter of intent committing the tower owner, and his/her successors in interest, to notify
the Zonrng Officer within thirty (30) days of the discontinuance of use of the facility.
This letter shall be filed with the Zoning Officer prior to issuance of a Permit, once the
telecommunication facility is approved according to this section. Obsolete or unused
towers and accessory structures shail be ,.-or,"J from any site and the site restored to itsoriginal condition within four (4) months; of such notification. Failure to notify andlor toremove the obsolete or unused tower and accessory structures in accordance with these
regulations, shall be a violation of this chapter and shall be punishable according to
Section 22 of the ordinance. The Planning Board, ur u .orrdition of permit approval , ndyrequire the applicant and lor owner to provide a letter of cred.it, performanc. bonC orother financial guarantee to the Village (which may be adjusted from time to time tocover increases in removal costs) that funds will be available for the demolition offacilities and restoration of the site to its original condition in the event of non-
compiiance with the provisions of this removal requirement. Said financiai guarantee besubject !o approval as to form and content by the Village Treasurer and Counsel. Everytwenty-four (24) months, applicant shall provid e the Zoning officer with a certificatefrom a New York licensed engineer that the facility continries to retain its structuralintegrity and does not pose ahazard,to life, limb oi property. Upon failure to submit suchcertificate timely, the Permit shall lapse and the acility must forthwith be removed..
18' Intermunicipal Notification for New 'rowers. rn order to keep neighboring
municipalities informed, and to facilitate the possibility of directing thit an ex[ting tallstructure or existing telecommunications tower in a neighboring minicipality beconsidered for shared use, and to assist in the continued development of Con rty lt tServices, the Board shall require that:
a. An appllcalt who proposes a new telecommunication tower shall notify inwriting the legislative body of each municipaii ty thatborders the Village of
CayugaHeights, plus the Towns of Lansing and Dryden and the DirecLr of theTompkins CountyPlanning Department. Notification shall include the exact
location of the proposed tower, an<l a general description of the project including,
but not limited to, the height of the tower and its capacity for future shared use.b' Documentation of this notification shall be submittedto the Board at the timeof application.
i9; Hearing and Notification of Nearby Landowners. Prior to rendering a decision onany application made under this section, a public hearing shall be held ind the provisions
of SEQRA satisfied' The applicant shall be required to mail notice of the publii hearingdirectly to all landowners whose property is located within five hundreO lsoO; feet of theproperty line of the parcel on which a new tower is proposed. Notice shai also be mailedto the administrator of any state or federal parklands from which the proposed towerwould be visible if constructed. Notification, in all cases, shall be made by certified mai1.Documentation of this notification shall be submitted to the Board prior to the public
hearing.
20. Limited Permit. Anypermit granted under this section will be valid only for thefaciiity, the dimensions and number of antennas or towers in the application as approved.Change must be by new application to the J?lanning Board. Anypermit applicatron maybe approved, approved with appropriate resrtrictions and conditioirr, o, denied, pursuant to
applicant?s satisfaction, substantial satisfaction, or failure to meet substantially the
requirements of this section in light of the purposes as set forth at the beginning of this
section.
21. Court Review. Any person aggrieved by decision made pursuant to the terms of this
Section may apply to the Supreme Court for review under Article 78 of the NY Civil
Practice Law and Rules. Such proceeding shall be instituted within thirty (30) days after
the filing of the Board's decision in the office of the Village Clerk. If any section,
sentence, clause or phrase of this law is held to be invalid or unconstitutional by any
court of competent jurisdiotion, then said holding shall in no way affect the validity of the
remaining portions of this law.
m. New Section 1.7-8, enacted as a Local Law, shall take effect upon filing with the
Secretary of State. 6115198