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HomeMy WebLinkAbout1998 #2r ff Y 7 . ' L a-iy �i�lnc .� .� is �: ►_, IJ:f�;�l 41 STATE STP=, AI,13 N Y N�,` (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. • ot-___groton --------------------------------------------------------------------------- Town xxfo K 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 2 "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. I 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. 4 279.7 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. 5 (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 5 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. 7 279.12 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; 8 (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 Aoc✓Aj A e �.l Title CO- ui►ty --e7ty--of Town -IfIff �F Date: vvve 0?,3 12