HomeMy WebLinkAboutLL 04 of 1998 Telecommunication FacilitiesTOWN OF ITHACA
LOCAL LAW NO.OF THE YEAR 1998
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
RELATING TO THE CONSTRUCTION AND MAINTENANCE OF
TELECOMMUNICATION FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Zoning Ordinance of the Town of Ithaca as re-adopted,amended,and
revised, effective February 26, 1968, and subsequentlyamended, be further amended as follows:
1.Article I, Section 1, is amended by adding a new paragraph 47 reading as follows:
"47. A "Telecommunications facility" isanycommercialequipmentused inconnection
withtheprovisionof two-way wireless communication services,including cellular
telephone services,personal communications services, and private radio
communications services, regulated by the Federal CommunicationsCommission
in accordance with the Telecommunications Act of 1996 and other federal laws.
A telecommunications facility shall include monopole, guyed, or latticework
tower(s),as well as antenna(s), switching stations, principal and accessory
telecommunications equipment and supporting masts, wires, structures, and
buildings."
11.Article XIII is amended by adding a new section 70A reading as follows:
"SECTION 70A.Telecommunications facility.
1. Purpose. The purpose of these supplemental regulations is to promote health,
safety,andthe general welfare of the residents of the Town of Ithaca;to provide
standards for the safe provisionof telecommunications consistent with applicable
federalandstate regulations;to minimize thetotalnumberof telecommunications
towers in the community by encouraging shareduse of existing and future towers
andtheuse ofexistingtall buildings and other high structures andby encouraging
alternative technologies that would minimize theneedfor multiple towers; andto
minimize adverse visual effects from telecommunications towers by requiring
careful siting, visual impact assessment,and appropriate landscaping.
2. SpecialApprovaland Variance Required.No telecommunications facility shall
be erected in any district unless and until theperson seeking to erect same shall
have obtained a special approval from the Board of Appeals after favorable
recommendation and site plan approval from the Planning Board in accordance
with this section and the other provisions of this ordinance governing issuance of
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special approvals and site plan approvals.If the proposed height of the
telecommunications facility exceeds the permitted height of structures in the
zoning district in which the facility is proposed to be located, a height variance
from the Board of Appeals shall also be required.
General Criteria.No special approval or renewal thereof or modification of a
current special approval relating to a telecommunications facility shall be
recommended by tibe Planning Board or authorized by the Board of Appeals
unless it finds that such telecommunications facility:
(a) is necessary to meet current or reasonably expected demands for services;
(b)conforms with all federal and state laws and all applicable rules or
regulations promulgated by the Federal Communications Commission (the
"FCC"),Federal Aviation Administration (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 impactsupon migratory and
other birds and other wildlife;
(e) complies with all other requirements of this Ordinance, unless expressly
superseded herein;
(f) is the most appropriate site among those available within the technically
feasible area for Ae location of a telecommunications facility.
(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. Any subsequent location of
telecommunication equipment by other service providers on existing
towers specifically designed for shared use shall not require a new or
modified special permit if there would be no increase in the height of the
tower. However, the additional equipment will require site plan review.
Co-Location.The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities.Any special
approval application,renewal or modification thereof shall include proof that
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reasonable efforts have been made to co-locate within an existing
telecommunications facility or upon an existing structure.The application shall
include an adequate inventory report specifying existing telecommunications
facility sites and structures exceeding seventy-five per cent (75%)of the height
to the proposed tower within the search range of the cell grid. The inventory
report shallcontainan evaluation of opportunities for shareduseas an alternative
to the proposed location.
The applicant must demonstrate that the proposed telecommunications facility
caimot be accommodated on existing telecommunications facility sites in the
inventory due to one (1) or more of the following reasons:
(a) the planned equipment would exceed the structural capacity ofexistingand
approved telecommunications facilities or other structures,considering
existing and reasonably anticipated future use for those facilities;
(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;
(d) other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures;
(e) the property owner or owner of the existing telecommunications facility
or other structure refuses to allow such co-location.
Dimensional Standards.
(a)A fall zone around any tower constructed as part ofa telecommunications
facility musthavea radius at least equal tothe height ofthetowerandany
attached antermae.The entire fallzonemay not includepublic roads and
mustbe located on property either owned or leased bythe applicant or for
which the applicant has obtainedan easement,and may not, except as set
forth below, contain any strucnire other than those associated with the
telecommunications facility. If the Facility is attached to an existing
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Structure,relief may be granted by specific permission of the Zoning
Board of Appeals on a case-by-case basis if it is determined by such 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 Board may impose any
conditions reasonably necessary to protect the public or other property
from potential injury.
(b) All Telecommunications Facilities shall be located on a single parcel.
(c) All Telecommunications Facilities shallcomply with the setback,frontage,
minimum lot size,and yard standards of the underlying zoning district and
the fall zone requirements of this article.To the extent there is a conflict,
the more restrictive provision shall govern. The size of the leased or
owned lot,together with any land over which the applicant has obtained
an easement,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 (to the extent
easements for any part of the fallzone that extends outsidethe minimum
lot sized permitted in the zoning district have not been obtained),
whichever requirement results in a larger lot.
(d)Notwithstanding provisions to the contrary of any other article of this
ordinance, 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 toall tower parts including guy wires
and anchors,and to any accessory buildings.
6.Lighting and Marking.
(a) Towers shall not be artificially lighted and marked beyond the
requirements of the FAA.
(b)Notwithstanding the preceding paragraph,an applicant may be compelled
to add FAA-style lighting and marking,if inthejudgmentof thePlanning
Boardor Zoning Boardof Appeals,sucha requirement wouldbe of direct
benefit to public safety and would not unduly adversely affect residents of
any surrounding property.
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1.Appearance and Buffering.
(a)The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, includingbut not limited to company
name,phone numbers,banners, streamers, and balloons is prohibited.
(b) The facility shall have the least practicalvisual effect on the environment,
as determined by the Planning Board and Zoning Board of Appeals.Any
tower that is not subject to FAA marking as set forth above shall
otherwise:
(i) have a 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 Planning Board, or
(ii) be disguised or camouflaged to blendin with 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
EnvironmentalQualityReview ("SEQR")Full EnvironmentalAssessment
Form ("EAF").A Visual Environmental Assessment Form (Visual EAF)
shall be required as an addendum to the Full EAF.Either the Planning
Board or the Board of Zoning Appeals may require submittal of a more
detailed visual analysis based on the results of the Visual EAF.
(e)The facility have appropriate vegetative buffering,satisfactory to both the
Planning Board and Board of Zoning Appeals,around the fences of the
tower base area,accessory structures and the anchor points of guyed
towers to buffer their view from neighboringresidences,recreation areas,
or public roads.The Planning Board or Zoning Board of Appeals may
similarly require screening adjacent to waterways,landmarks,refuges,
community facilities,or conservation or historic areas within common
view of the public.
(f)Without limiting the requirements of the preceding paragraph,existing on-
site vegetation shall be preserved to the maximum extent possible,andno
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cutting of trees exceeding four (4) inches in diameter (measured at a
height of four (4) feet off the ground) shall occur in connection with the
telecommunications facility prior to the granting of special approval and
site plan approval.Clearcutting of all trees in a single contiguous area
exceeding 20,000 square feet shall be prohibited.
(g)Either the Board of Zoning Appeals or the Planning Board, or both,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.
(h)Equipment or vehicles not used in direct support,renovations,additions
or repair of any telecommunicationsfacility shall not be stored or parked
on the Facility site.
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 twelve (12),but no more
than twenty-four (24) ft, wide, and closely follow namral contours to
assure minimal visual disturbance and reduce soil erosion potential.
(b) The road surface (driveways)shall be centered within access ways and
shall not comprise more than 60% of the width of the access way.
(c)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 (not necessarily in parking areas) to
accommodate the greatest number of service vehicles expected on the
premises,at any one time.
(d)Driveways or parking areas shall provide adequate interior tum-around,
such that service vehicles will not have to back out onto a public
thoroughfare.
9.Security.
(a)Towers,anchor points of guyed towers,and accessory structures shall
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each be surrounded by fencing at least eight (8) ft. in height, the top foot
of which may,at the discretion of the Planning Board in deference 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 forms of security are adequate, or that, by reason of location or
occupancy,security will not be significantly 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 project 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 (15) feet of the
ground of any tower.
(d) A locked gate at the junction of the access way and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such gate
must not protrude into the public right-of-way.
10.Engineering and Maintenance.
(a) Site plans for all Telecommunications Facilities must be bear the seal of
a professional engineer licensed to practice in the State of New York.
Every facility shall be built,operated and maintained to acceptable
industry standards,including butnot limited tothemostrecent,applicable
standards of the Institute of Electric and Electronic Engineers ("IEEE")
and the American National Standards Institute ("ANSI").
(b)Every Facility shallbe inspected at least every second year for structural
integrity bya NewYork State licensed engineer.A copy ofthe inspection
report shall be submitted to the Zoning and Building Code Enforcement
Officer.Anyunsafe condition revealed by suchreport shallbe corrected
withinten 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
Zoning Board of Appeals 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 within
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the applicable time period,or if the required inspection is not provided to
the Town the special approval for construction of the facility may,after
a hearing by the Zoning Board of Appeals on at least ten 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
removed or dismantled to the point of removing all unsafe conditions.
(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 that general public electromagnetic radiation
exposure doesnot exceed standards setbytheFCC or anypermit granted
by FCC.
(d) The municipality,at the expense of the applicant,may employ its own
consulting assistanceto examine the application and relateddocumentation
and make recommendations as to whether the criteria for granting the
special approval have been met,including whether the applicant's
conclusions regarding need,co-location,safety analysis,visual analysis,
and structural inspection, are validand supportedby generally accepted
and reliable engineering and technical data and standards.
11.Removal.
(a) At the time of submittal of the application for a special approval for a
telecommunications facility,the applicant shall submit an agreement to
remove all antennas,driveways, structures, buildings,equipment sheds,
lighting, utilities, fencing, gates,accessory equipment or strucmres, as
well as any tower(s)dedicated solely forusewithina telecommunications
facility if such facility becomes technologically obsolete or ceases to
perform its originally intended function 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
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property restoration,with the municipality as the assignee, in an amount
approved by the Planning Board, but not less than fifty thousand ($50,000)
dollars.
(c) At times of modification of the special approval,the Planning 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.
12.Application.The application for a special approval for the construction of a
telecommunications facility shall include,without altering any other application
requirements set forth in this Article or elsewhere in this ordinance:
(a) A completed project application form in such detail and containing such
information as the Town Planning Board or Zoning Board of Appeals may
require.
(b)Completed EAF and Visual EAF.
(c) Site plan in accordance with the requirements for site plansgenerally, and
if more detailed,in accordance with the site plan requirements of 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;
(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 adjacent landowners;
(vi)Proof of the landowner's consent to the erection of the facility and
agreement to abide by the ordinance if the applicant is not the
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landowner;
(vii)The location of all other structures on the property and all
structures on any adjacent property within one hundred feet of 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 easements and
access roads or drives.
(d) Agreement that the applicant will negotiate in good faith with any
subsequentapplicant seekingto co-locate a telecommunications facility on
the initial applicant's structures.This agreement shall commit the initial
applicant and landownerand their respective successors in interest to:
(i) Respond in a timely,comprehensive manner to a request for
information from a potential shared-use applicant.
(ii) Negotiate in good faith for shared use by third parties.
(iii) Allow shared use if an applicant agrees in writing to pay
reasonable charges for same.
(iv) Make no 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,landcosts, 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 oflevels permitted by the FCC.
(e) The agreement for removal of the facility referred to above.
(f)Copies of all documents submitted to the FCC or any other governmental
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agency having jurisdiction.
(g) Any applicable application or other fees, including any deposits required
by the Town for application to the costs of any consultants retained by the
Town as provided above.
13.Miscellaneous.
(a) Any special approval or site plan approval granted hereunder shall be
valid only for the dimensions and number of structures for the
telecommunications facility contained in original application as so
approved. Any subsequent changes or modifications shall require a new
application for same following the procedures set forth in this section.
(b) In considering the application, both the Planning Board and the Zoning
Board of Appeals may, if the application is granted, impose such
reasonable conditions as either body may deem necessary to minimize any
adverse impacts of the facility or its construction,or to assure continued
compliance with the terms of this ordinance.Any conditions
recommendedby the Planning Boardrelatingto the specialapproval shall
be included by the Board of Appeals in any special approval granted by
such Board. Any waiver that is given by the Planning Board pursuant to
the terms of this section may be reviewed and modified by the Board of
Appeals.
Section 2. Partial Invalidity.If any provision of this law is found invalid by any court
of competent jurisdiction,such invalidity shall not affect any other provisions of this local law
which shall remain in full force and effect.
Section 3. This local law shall take effect ten days after publication of this local law or
an abstract or summary of same in the Ithaca Journal.
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