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(Use this fol in to file a local law witli the &cret"ory ot• OSt:.te.)
Text of law should be given as amended. Do not include matter beim eliminated and do not ue
italics. or under lining to indicate new matter.
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ot-___groton ---------------------------------------------------------------------------
Town
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Local Law No. --2 -------------------------------- of the Year 19- 9 8-
A local law --_amending--the --the--Town--o --Gro-ton Groton----L-and- -_-Use_-_and--De-v_e1opment---
------------------------------------- -----
(IM"ri ride)
Code relating --to the regulation of Telecommunication
Towers in the Town of Groton.
--------------------------------------------------------------------------------------------------------------
Be it enacted by the ----- TQ) Wri--IiQaKd---------------------------------------------------------------- of the
(N&,"c afLeristarive Body)
-
of---Groton----------------------------------------------------------------------- as follows.
Town -"
vnpk#d(
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -E-9 (Rev. 7,91) (1)
SECTJON 1. The Land Use and Development Code of the Town of Groton enacted by
Local Law No. I of the year 1995 and subsequently amended, be Further amended as follows;
11 Section 120 of the Land Use and Development Code is amended by adding the
following definition:
Telecommunications Facility: ,Any commercial equipment used in connection with the
provision of two-way wireless conununication services, including cellular telephone
services, personal communications services, and private radio communication services,
regulated by the Federal Communications Commission in accordance with the
Teleconununications Act of 1996 and other laws. A telecommunications facility shall
include monopole, guyed or latticework tower(s), as well as antenna(s), switching
stations, principle and accessory telecommunications equiprnent and supporting mast,
wires, structures, and buildings.
II. Article II of the Town of Groton Land Use and Development Code is amended by
adding a new section which reads as follows:
Section 279. Telecommunication Facility
279.1 Purpose. The purpose of these regulations is to promote health, safety and the general
welfare of the residents of the Town.; to provide standards for the safe provision of
telecommunications consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by encouraging shared
use of existing and future towers, and the use of existing tall buildings and other high
structures; and to minimize adverse visual effects from telecommunications towers by
requiring careful siting, visual impact, visual impact assessment and appropriate
landscaping.
279.2 Site Plan Review and Special Permit Required. No telecommunications facility shall be
erected in any district of the Town unless and until the person or entity seeking to erect
the same shall have obtained a special permit after site plan review from the Planning
Board in accordance with this section and the other provisions of this Code governing the
issuance of special permits and the site plan reviews.
279.3 General Criteria. No site plan review shall be approved and special permit granted by the
Planning Board unless it finds that such telecommunications facility:
(a) is necessary to meet current or reasonably expected demands for service;
(b) confonns with all federal and state laws and all applicable rules or regulations
promulgated by the Federal communications Commission (hereinafter the
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"FCC"), the Federal Aviation Administration (hereinafter the "FAA"), or any
other federal agencies having jurisdiction;
(c) is considered a public utility in the State of New York;
(d) is sited, designed and constructed in a manner which minimizes (i) visual impact
to the extent practical and (ii) adverse impacts upon migratory birds and other
wildlife,
(e} complies with all other requirements of this Code, unless expressly superseded
herein;
(f) is the most appropriate site among those available within the allowed areas for the
location of a telecommunications facility; and
(g) when including the construction of a tower, such tower is designed to
accommodate future shared use by at least two (2) other telecommunication
service providers.
279.4 Co -Location. The shared use of existing telecommunications facilities or other structures
shall be preferred to the construction of new facilities. Any site plan approval and special
permit granted shall include proof that reasonable efforts have been made to co -locate
within an existing telecommunications facility or upon an existing structure. The site plan
review application shall contain a evaluation of opportunities for shared use as an
alternative to a new facility.
The applicant must demonstrate that the proposed telecommunications facility cannot be
accommodated on existing telecommunications facility sites due to one (1) or more of the
following reasons:
(a) the planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures, considering existing
and reasonably anticipated future use for those facilities or structures;
(b) the planned equipment would cause radio frequency interference with other
existing or planned equipment, which cannot be reasonably prevented;
(c) existing or approved telecommunications facilities or other structures do not have
space and cannot be modified to provide space on which proposed equipment can
be placed so it can function effectively and reasonably; or
(d) the property owner of the existing telecommunications facility or other structure
refuses to allow such co -location.
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279.5 Dimensional Standards.
(a) A fall zone around any tower constructed as part of a telecommunications facility
must have a radius at least equal to the height of the tower and any attached
antennas. The entire fall zone may not include public roads and must be located
on property either owned or leased by the applicant or for which the applicant has
obtained an easement, and may not, except as set forth below, contain any
structure other than those associated with the telecommunications facility. If the
facility is attached to an existing structure, relief may be granted by specific
permission of the Planning Board on a case-by-case basis if it is determined by
the Planning Board after submission of competent evidence, that the waiver of
this requirement will not endanger the life, health, welfare or property of any
person. In granting any such waiver, the Planning Board may impose any
conditions reasonably necessary to protect the public or other property from
potential injury.
(b) All telecommunications facilities shall comply with the setback, frontage,
minimum lot size, and yard standards of the underlying zoning district as
specified in the Code and the fall zone requirements of this section. To the extent
there is a conflict, the more restrictive provision shall govern. The size of the
leased or owned lot shall be, at a minimum, sufficiently large to include the entire
fall zone. All lots leased or owned for the purpose of construction of a tower as
part of telecommunications facility shall conform, at a minimum, to the lot size
requirements of the underlying zoning district or the size of lot necessary to
encompass the entire fall zone, whichever requirement results in a larger lot.
(c) Notwithstanding provisions to the contrary in any other article of the Code, the
front, side and rear yard requirements of the underlying zoning district in which a
telecommunications facility is erected shall apply not only to a tower, but also to
all tower parts including guy wires and anchors, and to any accessory buildings.
279.6 Lighting and Marketing
(a) Towers shall not be artificially lighted and marked beyond the requirements of the
FAA, FCC or other governmental authority regulating telecommuni
rncations
facilities.
(b) Notwithstanding the preceding paragraph, an applicant may be compelled to add
PAA -style lighting and marking, if in the judgment of the Planning Board, such a
requirement would be of direct benefit to public safety and would not unduly
adversely affect residents of any surrounding property.
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279.7 Appearance and Buffering
(a) The use of any portion of a telecommunications facility for signs, for promotional
or advertising purposes, including but not limited to company name, phone
numbers, banners, streamers and balloons is prohibited.
(b) The facility shall have the least practical visual effect on the environment as
determined by the Planning Board, Any tower that is not subject to FAA marking
as set forth above shall otherwise:
{i) have galvanized finish, or shall be painted gray above the surrounding tree
line and gray or green below the tree line, as deemed appropriate by the
Plarming Board, and/or
(lI) be disguised or camouflaged to blend in xArith the surroundings, to the
extent that such alteration does not impair the ability of the facility to
perform its designed function.
(c) Accessory structures shall maximize the use of building materials, colors and
textures designed to blend in with the natural surroundings.
(d) Each application for a proposed facility shall be accompanied by a State
Environmental Quality Review ("SEQR").
(e) The Planning Board may require additional information, such as line -of -sight
drawings, detailed elevation maps, visual simulations, before and after renderings,
and alternate tower designs to more clearly identify adverse impacts for the
purpose of their mitigation.
(fj Equipment or vehicles not used in direct support, renovations, additions or repair
of any telecommunications facility shah not be stored or parked on the facility
site.
279.8 Access and Parking
(a) Access ways shall make maximum use of existing public or private roads to the
extent practicable. New access ways constructed solely for telecommunications
facilities must be at least twenty (20), but no more than sixty (60) feet wide, and
closely follow natural contours to assure minimal visual disturbance and reduce
soil erosion potential.
(b) Parking areas shall be sufficient to accommodate the usual number of service
vehicles expected on the premises at any one time. Space off of public highways
shall be provided to accommodate the greatest number of service vehicles
expected on the premises, at any one time.
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(c) Driveways or parking areas shall provide adequate interior turn -around, such that
service vehicles will not have to back out onto a public thoroughfare.
279.3 Security
(a) Towers, anchor points of guyed towers, and accessory structures shall each be
surrounded by fencing at least eight (8) feet in height, the top foot of which may,
at the discretion of the Planning Board in dcfcrenee to the character of the
neighborhood, be comprised of three strands of barbed wire to discourage
unauthorized access to the site. The Planning Board may waive the requirement
of fencing if, in its discretion, it determines that other fon-ns of security are
adequate, or that, by reason of location or occupancy, security will not
significantly be compromised by the omission, or reduction in size, of the
otherwise required fencing,
(b) Motion -activated or staff -activated security lighting around the base of a tower or
accessory structure entrance may be provided if such lighting does not prof cct off
the site, Such lighting should only occur when the area within the fenced
perimeters has been entered.
(c} There shall be no permanent climbing pegs within fifteen (l 5) feet of the ground
of any tower.
(d) A locked gate at the junction of the access way and a public thoroughfare shall be
required to obstruct entry by unauthorized vehicles. Such gate must not protrude
into the public right-of-way.
279.10 Engineering and Maintenance
(a) Site plans for all telecommunications facilities must bear the seal of a professional
engineer licensed in the State of New York. Every facility shall be built, operated
and maintained to acceptable industry standards, including but not limited to the
most recent, applicable standards of the Institute of Electric and Electronic
Engineers ("IEEE") and the American National Standards Institute ("ANSI"}.
(b) Every facility shall be inspected at least every fifth year for structural integrity by
a New York State licensed engineer. A copy of the inspection report shall be
submitted to the Zoning and Building Code Enforcement Officcr of the Town.
Any unsafe condition revealed by such report shall be corrected within ten (10)
days of notification of same to the record landowner on which the facility is
constructed. The time period for correction may, on application of the landowner
or owner of the facility, be extended by the Planning Board if it is impracticable
to complete the correction within said ten days and if there is no imminent danger
to life, limb or other person's property. If the unsafe condition is not corrected
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within the applicable time period, or if the required inspection is not provided to
the Town, the special permit for the facility may, after a hearing by the Planning
Board on at least ten (10) days prior notice to the landowner of record given by
certified mail, return receipt requested, or other equally effective manner of
providing notice, be revoked by such Board. Revocation may occur only if the
Board finds either (a) that the required inspection has not been provided or (b) that
there is an unsafe condition which poses a risk of bodily injury or significant
property damage. Upon such revocation, the facility shall be immediately
dismantled and the bond mentioned in Section 279.11 may be used by the Town
to dismantle and remove the facility if the property owner or telecommunication
facility operation does not complete the dismantling.
(c) A safety analysis by a qualified professional must accompany any special permit
or site plan application, renewal thereof, or modification, for the purpose of
certifying the general public that electromagnetic radiatio;i exposure does not
exceed standards set by the FCC.
(d) The Town, at the expense of the applicant, may employ its own consulting
assistance to examine the application and related documentation and make
recommendations as to whether the criteria for granting the special permit have
been met, including whether the applicant's conclusions regarding co -location,
safety analysis, visual analysis, and structural inspection, are valid and supported
by generally accepted and reliable engineering and technical data and standards.
279.11 Removal
(a) At the time of submittal of the application for a special permit for a
telecommunications facility, the applicant shall submit an agreement to remove at
his/her/its sole expense within ninety (90) days, all antennas, driveways,
structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory
equipment or structures, as well as any tower(s) dedicated solely for use within a
telecommunications facility if such facility becomes technologically obsolete or
ceases to perform its originally intended fanction for more than twelve (12)
consecutive months. Upon removal of said facility, the land shall be restored to
its previous condition, including but not limited to the seeding of exposed soils.
(b) At the time of obtaining a building permit, the applicant must provide a financial
security bond for removal of the telecommunications facility and property
restoration, with the municipality as the assignee, in an amount approved by the
Planning Board, but not less than twenty five thousand dollars ($25,000.00).
(c} At times of modification of the special permit, the Town Board may adjust the
required amount of the financial security bond to adequately cover increases in the
cost of removal of the telecommunications facility and property restoration.
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279.12 Application, The application for a special pcnnit for the construction of a
telecommunications facility shall include, in addition to the other requirements set forth in this
Section or elsewhere in this Code:
(a) A completed project application form in such detail and containing such
information as the Town Planning board may require.
(b) Complete application for SEQR,
(c) Site plan in accordance with the requirements for site plans generally, and in
accordance with this section including, without limitation
(i) The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and anchors,
if applicable;
(ii) The maximum height of the proposed facility, including all appurtenances;
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 adjacent landowners;
(vi) Proof of the landowner's consent to the erection of the facility and
agreement to abide by the Code if the applicant is not the landowner;
(vii) The location of all other structures on the property and all structures on
any adjacent property within one hundred (100) feet on the property lines,
together with the distance of these structures from any proposed tower;
(viii) The location, nature and extent of any proposed fencing, landscaping and
screening; and
(ix) The location and nature of any proposed utility easement and access roads
or drives.
(d) Agreement that the applicant will negotiate in good faith with any subsequent
applicant seeking to co -locate a telecommunications facility on the initial
applicant's structures. This agreement shall commit the initial applicant and
landowner and their respective successors in interest to:
(i} Respond in a timely, comprehensive manner to a request for information
from a potential shared -use applicant;
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(ii) Negotiate in good faith for shared use by third parties;
(iii) Allowed shared use if an applicant agrees in writing to pay reasonable
charges for same; and
(iv) Make ao more than a reasonable charge for shared use, based upon
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 cost, 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 permitted by the FCC.
(e) The agreement for removal of the facility as stated in this Section.
{f) Copies of all documents submitted to the FCC or any other goverunental agency
having jurisdiction.
(g) Any applicable application or other fees, including any deposits required by the
Town for the application and the costs of any consultants retained by the Town as
provided i -i this section to assist in reviewing the application.
279.13 Miscellaneous
(a) Any special permit or site plan approval granted hereunder shall be valid only for
the dimensions and number of structures for the telecommunications facility
contained in the original application as so approved. Any subscquent changes or
modifications shall require a new application following the procedures set forth in
this Section and elsewhere in the Code.
(b) In considering the application, the Planning Board, if the application is granted,
may impose such reasonable conditions as the Board may deem necessary to
Minimize any adverse impacts of the facility or its construction, or to assure
continued compliance with the Code.
III, Section 341 of the Land Use and Development Code is amended by adding the
following land use activities:
Telecommunications facility as defined in RA* L* I*
Section 120 of the Code
IV, Severability: If any word, phrase or part of this local law shall be declared
unconstitutional, the same shall be severed and separated from the remainder of this local law,
and said remainder shall continue in full force and effect.
V. Effective Date: This law shall become effective immediately upon filing with the
Secretary of State.
us
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby y certif that the local- law annexed hereto, designated as local law Ivo - ------------2 --------------------- of 1998 -
of the (Cq)(G(Town)(Yof-------- Crn ton ----------------------------------------------- was duly passed by the
T9yD- BQ�rd------------------------ on __ June__23 ___ 1998-, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 19 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on ------------------ 19 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 19----,
(Elective Chief Executive Officer")
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No- ----------------------------------- of 19 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 19---- , and was re
a d of (a d n pprove )( pprove )( Passed after
(Name of Legislative Body)
disapproval)- by the ------------------------------------------------- on------------------- 19---- . Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera 1)(special)(annua1) election held on ------------------ 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law Ivo- ----------------------------------- of 19 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 19----, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval j by the -------------------------------------------------- on ------------------ 19 --- . Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 1Q--- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected -on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
11
S. (City, local law concerning Charter revision proposed by petition.)
I hereby certify.. that the local law annexed hereto, designated as local law No. ----------------------------------- of 19 ------
of the City, of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36X37of the Municipal Home Rule Law, and having received the affirmative vote of a majority. of the
qualified electors of such city .voting thereon at the (special)(general) election held on------------------- 19_____)
became operative.
6. (County local law concerning adoption of Charter.)
I hereby, certify that the local law annexed hereto, designated as local law No. -----------------------------------of 1 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 19----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph------------, above.
Clerk of the County legislative body, Qi47►, Town erA&Mge Clerk
or officer designated by local legislative body
(15ea1) Date: June 23, 1998
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OFNEW YORK
COUNTY OF
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature FRANC S J. CASULLO
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