HomeMy WebLinkAbout2003-06-16 - TB TOWN OF ULYSSES
SPECIAL TOWN BOARD MEETING
JUNE 16, 2003
Present : Supervisor Douglas Austic ; Councilpeople Sue Poelvoorde, Carolyn
Duddleston, and Lee Scott. Councilman Robert Weatherby absent. Code Enforcement
Officer Alex Rachun and Marsha L . Georgia, Ulysses Town Clerk
Mr. Austic opened the review of the Draft Zoning Ordinance at 5 : 30 PM .
Article XVI — Communication Transmission Towers and Telecommunications
Facilities - This Article has been rearranged and parts have been taken from the
Town of Ithaca Zoning Ordinance.
16. 1 Purpose
Make all one sentence .
16.2 Definitions
No changes .
16.3 Filing Application and Planning Board Procedures (this section was moved to
section 16.4 and 16.5
The first paragraph was put under 16 . 4 Application — than (a-i) was titled Site
Information — next section will be the Application procedure, which was originally 16 . 5 —
at the end of that the next to the last paragraph from page 51 will be moved .
t The last paragraph on page 51 will start the section 16 . 5 Planning Board Procedure and
included the next four paragraphs from page 52 . Their will be a subtitle of Planning
Board Criteria which is taken from 16 . 11 (Alternate Site Review) , keeping number 2 & 7
with modifications and the rest will be taken from the Town of Ithaca Tower Ordinance
page 120 (a- g) .
16.3 will now be Standards
This section has been created using 16 . 6 — 16 . 7 deleted — 16 . 8 — 16 . 9 — 16 . 10 — with
modifications and use of the Town of Ithaca ' s Tower Ordinance .
16.4 limited Permit — becomes 16. 7
16. 12 Other Permits — called Permits and becomes 16 .6
Deletes last two paragraphs from this .
16. 13 Removal Provisions becomes 16. 8
Delete all of this and replace with the Town of Ithaca ' s Tower Ordinance page 127 , a, b,
c .
16. 14 and 16. 15 will be deleted.
The following is the end results :
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Article XVI - Communication Transmission Towers and
Telecommunications Facilities
16 . 1 Purpose
The purpose of this section is to recognize the increased demand for wireless
communications transmission facilities and for the services they provide . Often these
facilities require the construction of a communications tower. The intent of this section is
to protect the Town's interest in siting towers consistent with sound land use planning by,
minimizing visual effects of towers through careful design, siting and vegetative
screening; avoiding potential damage to adjacent properties from tower failure or falling
debris through engineering and careful siting of tower structures and facilities ; and
maximizing use of any new or existing tower and encouraging the use of existing
buildings and/or structures to reduce the number of towers needed while also allowing
wireless service providers to meet their technological and service objectives for the
benefit of the public .
16 . 2 Definitions
For the purpose of this Article the following definitions shall apply.
accessory structure . An accessory facility or structure serving or being used
in conjunction with a Telecommunications Facility or
Tower and located on the same lot as the
Telecommunications Facility or Tower. Examples of
such structures include utility or transmission
equipment, storage sheds or cabinets .
antenna. A system of electrical conductors that transmit or
receive radio frequency signals . Such signals shall
include but not be limited to adio, television, cellular,
paging, PCS and microwave communications .
co-located antennas . Telecommunications facilities which utilize existing
towers, buildings or other strictures for placement of
antenna(s) and which do not require construction of a
new tower.
telecommunications facilities . Towers and/or antennas and accessory structures used
in connection with the provision of cellular telephone
service, personal communications services, radio and
television broadcast services and similar broadcast
services .
tower. A structure designed to support antennas . It includes
with limit, freestanding towers, guyed towers,
monopoles and similar structures that employ
camouflage technology.
16 . 3 STANDARDS
The following requirements related to project and site dimensions shall be adhered to :
A. Height The Tower or antenna shall be less than one hundred ( 100)
feet in height unless a different height above that limit is demonstrated by applicant as
being necessary and proof as to coverage needs is fully proven for additional height.
B. Lot 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
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and any attached antennae . 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 as 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 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.
C . Aesthetics Telecommunications Facilities shall be located and
buffered to the maximum extent that is practical and technologically feasible to help
ensure compatibility with surrounding land uses . In order to minimize adverse aesthetic
effects on neighboring residences to the extent possible , the Planning Board may impose
reasonable conditions on the applicant, including the following:
1 . The Planning Board may require reasonable landscaping consisting of trees or
shrubs to screen the base of the Tower and accessory structures to the extent
possible from adjacent residential property . Existing on-site trees and vegetation
shall be preserved to the maximum extent possible ;
2 . The Planning Board may require that the Tower be designed and sited so as to
avoid, if possible, application of Federal Aviation Administration ( FAA) lighting
and painting requirements , it being generally understood that Towers should not
be artificially lighted, except as required by the FAA ;
3 . The Tower shall be of galvanized finish or painted matte gray unless otherwise
required by the FAA and accessory facilities should maximize use of building
materials, colors and textures designed to blend with the natural surroundings ; and
4 . No Tower shall contain any signs not mandated by the FCC .
D . Access - Parking A road turnaround and two (2) parking spaces shall
be provided to assure adequate emergency and public access . Maximum use of existing
roads, public or private, shall be made . Road construction and public utility services of
this site shall, at all times, minimize ground disturbance and vegetation cutting, and road
grades shall closely follow natural contours to assure minimal visual disturbance and
reduce soil erosion potential .
E . Safety - Security All Towers and guy anchors, if applicable, shall be
enclosed by a fence not less than six (6) feet in height or otherwise sufficiently secured to
protect them from trespassing or vandalism. The applicant must comply with all
applicable state and federal regulations including, but not limited to, FAA and FCC
regulations .
Every five years the owner shall provide a certification from a qualified, license engineer,
certifying that the Tower or Telecommunications Facility meets applicable structural
safety standards .
F . Shared Use of Towers In the interest of minimizing the number of
towers, the Planning Board shall require, as a condition of either site plan or Tower
Permit approval, that the applicant indicate in writing its commitment to co-location of
Telecommunications Facilities as set forth under Section 16.5(4) check section # herein,
and that the applicant design the Tower to have a minimum height and carrying capacity
needed to provide future shared usage of two additional telecommunication service
providers . The condition for co-location may not be required if the applicant
demonstrates that provisions of future shared usage are not feasible or impose an
unnecessary burden based on :
1 . The kind of tower site and structure proposed.
2 . Potential adverse visual impacts by a tower designed for shared usage.
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16 . 4 Filing Application
The applicant will submit a written application for such a permit with the Building
Inspector. The applicant will submit such information and documents as the Building
Inspector (or any other officer or Town agency having jurisdiction) may require .
Included in these documents must be a development plan and copies of all documents
submitted by the applicant to the Federal Communications Commission or any other
governmental agency having jurisdiction. Further, the applicant shall submit an
Environmental Assessment Form (Long Form) with Visual Addendum, and an analysis
demonstrating that the location of the Telecommunications Facility as proposed is
necessary to meet the frequency reuse and spacing needs of the applicant's
telecommunications system and to provide adequate service and coverage to the intended
area. In addition each applicant shall submit a site plan prepared to scale and in sufficient
detail and accuracy showing at a minimum :
SITE INFORMATION
a. The exact location including geographic coordinates of the proposed
telecommunications facility and/or tower, together with any guy wires and guy
anchors, if applicable ;
b . The maximum height of the proposed telecommunications facility and/or tower to
include all appurtenances ;
c . A detail of tower type to include engineering drawings from tower manufacturer
(monopole guyed, freestanding or other) ;
d. The location, type and intensity of any lighting on the tower;
e . Property boundaries and names of adjacent landowners ;
f. Proof of the landowner's consent to abide by the ordinance if the applicant does
not own the property;
g. The location of all other structures on the property and all structures on any
adjacent property within one-hundred ( 100) feet of the property lines , together
with the distance of those structures to any proposed Tower;
h. The location, nature and extent of any proposed fencing, landscaping and/or
screening; and
i . The location and nature of proposed utility easements and access road, if
applicable .
Application
The applicant shall submit to the Planning Board the following materials :
1 . A report from a professional engineer, which shall :
a. Describe the tower and the technical, economic and other reasons for the
Tower design;
b . Demonstrate that the Tower is structurally sound;
c . Describe how many and what kind of Antennas are proposed;
d. Describe how many and what kind of Antennas are possible on the Tower; ■
e . Demonstrate that the site can contain on-site substantially all icefall or debris
from Tower failure;
f. Demonstrate that the proposed electromagnetic radiation will not exceed the
levels for uncontrolled environment recommended by the Federal
Communications Commission in FCC 96-326 , Table 1 , entitled " Limits for
Maximum Permissible Exposure" (MPE), to include and current limits by the
Federal Communications Commission at time of application, at the following
locations :
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i . Base of the Tower or point near the Tower with the highest radiation
levels ;
ii . The nearest point on the property line ;
iii . The nearest habitable space regularly occupied by people .
2 . A copy of the applicants' Federal Communications Commission (FCC) license
including any requirements from the Federal Aviation Administration (FAA) .
3 . A copy of the certificate of need issued by the Public Service Commission. (Do we
need this? ? ?)
4 . A letter of intent committing the Tower owner applicant and/or landowner to negotiate
in good faith for shared use by third parties . This letter, which shall be filed with the
Building Inspector prior to the issuance of a building permit (assuming the
Telecommunications Tower is approved) , shall commit the Tower Owner and his or her
successors in interest to :
a. Respond in a timely, comprehensive manner to a request for information from
a potential share-use applicant ;
b . Negotiate in good faith for shared use by third parties ;
c . Allow shared use if an applicant agrees in writing to pay charges ;
d. Make no more than a reasonable charge for shared use, based on generally
accepted accounting principles . The charge may include but is not limited to a
pro rata share of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance , financing, return on equity, and
depreciation, and all of the costs of adapting the Tower or equipment to
accommodate a shared user without causing electromagnetic interference or
causing uses on the site to emit electromagnetic radiation in excess of levels
described above.
5 . Evidence that existing facilities do not have space on which planned equipment can be
placed so it can function effectively. This shall include the following :
a. The applicant shall contact the owners of all existing or approved Towers
within a ten ( 10) mile radius of aproposed site ;
b . The applicant shall provide each contacted owner with the engineer's
report required above ;
c . The applicant shall request each contacted owner to assess the following :
i . Whether the existing Tower could accommodate the antenna to be
attached to the proposed Tower without causing structural
instability or electromagnetic interference ;
ii . If the antenna cannot be accommodated, assess whether the
existing Tower could be structurally strengthened or whether the
antennas and related equipment could be protected from
interference ;
iii . Whether the owner is willing to make space available;
iv . The projected cost of shared use .
6 . Visual Environmental Assessment Form (EAF) addendum to the full EAF .
j . The applicant shall indicate how the structure can be blended with the
view shed, including any attempts to camouflage ;
k. The Planning Board may require submittal of a more detailed analysis
based on the results of the Visual Environmental Assessment Form (EAF)
addendum .
The Building Inspector will not be required to proceed under this law until an application
is complete and application fee is paid as set by the Town Board .
16 .5 PLANNING BOARD PROCEDURE
As soon after the applicant has filed all documents and supplied all the information
required by the Building Inspector, but not later than thirty (30) days from the date a
completed application is filed, the Building Inspector shall file such application and all
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other documents with the Chairman of the Planning Board, who shall place the
application on the agenda of the next meeting of the Planning Board.
The application shall be reviewed at such meeting and the Chairman shall set a date for
public hearing, notice of which shall be (i) posted and (ii) published at least once in the
official newspaper, the first publication of which shall be at least 10 days prior to the date
set for the public hearing and (iii) mailed to owners of property Lying within one-
thousand ( 1 , 000) feet of the proposed site and to such other owners of property in the
vicinity of the proposed site as the Chairman of the Planning Board shall determine at {
applicant's cost. It shall be sufficient if the determination of the ownership is based on
the current assessment roll and the assessment map, but the failure to notify all such
owners shall not render defective any action of the Planning Board.
The date of such public hearing shall be within forty (40) days from the date on which the
completed application was filed with the Chairman of the Planning Board .
The Planning Board may at any stage of the proceedings require additional information,
documents or testimony, and may adjourn final consideration of its recommendation for a
reasonable period for the foregoing purpose and for further study and review, but no
more than sixty (60) days after the first date set for the public hearing.
The special permit may be granted, denied or granted with conditions by the Planning
Board.
PLANNING BOARD CRITERIA
The Planning Board, before rendering its decision, shall consider the following standards
and matters :
1 . The Telecommunications facility is necessary to meet current or
reasonably expected demands for services .
2 . The application significantly demonstrates alternative sites were
evaluated.
3 . Conforms with all federal and state laws and all applicable rules or
regulations promulgated by Federal Communications Commission (the
"FCC"), Federal Aviation Administration (the "FAA") , or any other
federal agencies having jurisdiction.
4. Is considered a public utility in the State of New York.
5 . Is sited, designed and constructed in a manner which minimizes (i) visual
impact to the extent practical and (ii) adverse impacts upon migratory and
other birds and other wildlife.
6 . Complies with all other requirements of this Ordinance, unless expressly
superseded herein.
7 . Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility.
8 . When including the construction of a tower, such tower is designed to
accommodate future shared use by at least two ( 2) other
telecommunication ser 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 and it the tower' s original design was adequate to accommodate the
proposed additional equipment. However, the additional equipment will
require site plan review and issuance of a building permit before
construction occurs . At the option of the building and Zoning
Enforcement Officer there may be required, before issuance of a building
permit, an engineer' s certificate or report to the effect that with the
proposed additional equipment the existing tower continues to be safe and
meets all then currently applicable design and construction criteria in
accordance with generally accepted good engineering practices and
generally accepted industry standards.
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9 . The size of the site chosen for the proposed use . The tower must be
located on an unoccupied parcel having an area of sufficient size that no
part of the tower will fall on a neighboring property should the structure
collapse .
16 . 6 Permits
No building permit shall be issued until final approval has been granted to the applicant
by any County, State and Federal Agency having jurisdiction in the matter and any and
all other permits which may be required have been issued to the applicant .
16 . 7 Limited Permit
Any permit granted under this section will be valid only for the dimensions and number
of Antennas or Towers in the original application . Changes must be by new application
to the Planning Board .
16 . 8 Removal Provisions
1 . At the time of submittal of the application for a special permit 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 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 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 .
2 . 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 fifty thousand ($ 50,000) dollars .
3 . At times of modification of the special permit, the Planning Board may
adjust the required amount of the financial security bond to adequately cover increases in
the cost of the removal of the telecommunications facility and property restoration.
18 .5 Standards for Land Development in the R1VI - Multiple Residence District
1st paragraph — delete — first sentence — replace with- A multiple Residence Development
must have access onto a public road .
3rd paragraph replace may in last sentence with shall .
18.6 Standards for Manufactured Home Parks
2nd paragraph — delete constructed of an all weather surface material — with paved, with
blacktop , concrete or other solid material .
5th paragraph — begin with The Park — delete — if present shall be effectively and
attractively.
6th paragraph — 1st sentence add after recreation — play area and open space . Last
sentence — This space shall be easily accessible to all lots .
7th paragraph — change 15 feet to 30 feet — refer to Parking Standards Section 18 . 3 — no
long term parking on the street .
*Note — this went into a long discussion of parking of recreational vehicles and or storage
of miscellaneous recreational vehicles such as boats, RV ' s, off road motorbikes ,
snowmobiles, jet skies , etc . It also made reference to the definition of recreational
vehicles as defined presently that only mentions campers and motor homes . It was
discussed that the owner of the park should provide a storage area somewhere besides
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along the trailer. Ms . Poelvoorde recommended that may be - 10% of the gross area has
to be storage space or something like that.
10th paragraph — delete within five (5 ) years of planting. Refer to the Section "Buffer
Standards" when established.
*Note : Discussed definition of residence, multiple family and changed to read as follow :
a building or group of buildings situated on one lot containing three or more dwelling
units.
11th paragraph — 4th line - take out deciduous and replace with 6 ' conifer tree for each 20
feet of frontage — Put period after climate conditions and delete. and shall be at least 2 . 5
inches in diameter at breast height at time of planting. Note * Do "Buffer Zone
Standards ".
13th paragraph — add at the end — and storage area facilities .
16th paragraph (last) delete — constructed of fire resistant material — at the end . Get a
better definition of skirting.
Previously when the Board discussed eliminating the District for Manufactured Homes it
was discussed to include the Area Requirements in the standards section .
Review ended at Section18 . 7 . Next meeting scheduled for June 30th, 2003 at 5 : 30 PM .
Respectfully submitted,
Marsha L . Georgia
Ulysses Town Clerk
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