HomeMy WebLinkAbout1980 LL 04 - 1980 Erection of Radio Transmission Towers in Agricultural District (Please Use this Form for Filing your Local Law with the Secretary of State)
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of....................................lthas.a......................................................................
Town .............
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Local Law Ido......................4..................................of the year 19...........
A local law....AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA TO
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PROVIDE FOR THE ERECTION OF RADIO TRANSMISSION TOWERS
IN AN AGRICULTURAL DISTRICT
Be it enacted by the ....................._Town .....................................of the
(Name of Lmtislwive Body)
Am of................................................... Ithaca ................... as follows:
Town ............................................................................
PREAMBLE: STATEMENT OF INTENT
This local law amends the Zoning Ordinance by adding a new provision
which will permit the construction'. maintenance and operation of Radio
Transmission Towers and appurtenant structures. Such facilities, if
permitted at all, shall be permitted under limited conditions and then
only by a special permit.
Further, such towers shall be permitted only if used in connection with
the transmission of radio signals by a commercially operated Radio '
Broadcasting Station. By adding such new provisions, the Town of Ithaca
recognizes that Commercial Radio Broadcasting Stations require Radio
Transmission Towers in order toperformtheir function. However, the
Town does not encourage the erection of such towers in the Town because
of the relatively high density of population and residential development
in the Town compared to the density and residential development in other
areas of the County, several of which do not have any zoning regulations.
Thus, the erection of such radio transmission towers may have an adverse
--effect on the value, use and enjoyment of a far larger number of prop-
erties in the vicinity of any such tower in the Town of Ithaca than would
be the case in other more remote and less developed areas. There has
been discussion as to whether the erection of a radio- transmission tower
would be permitted as a public utility. It has been the consistent
position of the Town that a radio broadcasting station is not a public
utility within the meaning of the Town's Zoning Ordinance. In order to
avoid'a legal dispute which would be largely concerned with semantics,
this law specifically refers to radio broadcasting station transmitters
as such, and does not define them as a public utility.
The Town Board, in this preamble, expresses its policy that the adoption
of this local law is not to be construed as an intention on the part of
the Town to permit the construction of such towers with the function of
the reviewing Town agency being limited only to such requirements as set
backs, screening, access roads, and similar administrative considerations.
The adoption of this law is not intended to create a "permitted use" as
such phrase may be ordinarily understood, or as used by the courts; it is
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not a declaration which creates a "vested" right in an otherwise quali-
fied applicant to erect a tower subject to some administrative regula-
tion. It is not an open invitation to the erection of such towers in
the areas permitted under this law. Under this law, the use of land
for such a radio transmission tower, precisely because of such a tower's
special characteristics, such as its appearance, height, design, high
visibility and inherent potential for creating a visual eye sore, may
be permitted only after a'review and a thorough application of the
standards and criteria established by this law. It could happen that
after a fair and reasonable application of such standards and criteria,
based upon proper findings and relevant evidence, no special permit
might even be issued for the erection of a commercially operated radio
tower in the Town of Ithaca. Any such result would not be inconsistent
with the objectives of this law.
This law, nevertheless, provides that the determination as to whether
or not a special permit is issued will be made by a Town agency other
than the Town Board and the power is vested in such Town agency to make
.such determination after a fair hearing and fair and reasonable appli-
cation of standards and criteria.
LOCAL LAW SECTION I
The Zoning Ordinance of the Town of Ithaca is amended by the addition
thereto of a new section which shall.be numbered 51A and which shall
provide as follows:
"Section 51A. Radio Transmission Towers.
In addition to the uses provided in Section 51, Radio Transmission
Towers may be constructed and maintained in Agricultural Districts sub-
ject to the provisions of this section.
1. A Radio Transmission Tower, as used in this section, shall be
a radio tower transmitting radio broadcasting signals, operated by a
commercially operated radio broadcasting station, and licensed by the
Federal Communications Commission.
2. No building permit shall be issued for the construction, op-
eration and maintenance of such a tower except by special permission
of the Board of Appeals after receiving an advisory opinion or recom-
mendation fromthe Town Planning Board, in accordance with the following
procedures.
3. FILING APPLICATION AND PLANNING BOARD PROCEDURE.
a. The applicant will submit a written application for such
a permit with the Building Inspector (or such other person as may be
designated by the Town Board) . The applicant will submit such infor-
mation 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 sub.-
mitted by the applicant to the Federal Communications Commission or
any other governmental agency having jurisdiction. The Building
Inspector will not be required to proceed under this law, until an
application is complete.
b. As soon after the applicant has filed all documents and
supplied all information required by such Officer, but not later than
30 days from the date a completed application is filed, the Officer
shall file such application and all other documents with the Clerk of
the Planning Board, who shall place the application on the agenda for
the next meeting of the Planning Board. The application shall be re-
viewed at such meeting and the Chairman shall set a date for a public
hearing, notice of which shall be (i) posted and (ii) published at
least two times in the official newspaper, the first publication of
which shall be at least 10 days prior to the date set for the hearing
and (iii) mailed to owners of property lying within 1000 feet of the
proposed site and to such other owners of property in the vicinity of
the proposed site as the Chairman of the Board shall determine. It
shall be sufficient if the determination of ownership is based on the
current assessment role and assessment map, but the failure to notify
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all such owners shall not render defective any action of the Planning
Board or the Board of Appeals. The date of such public hearing shall
be within 40 days from the date on which the completed application was
filed with the Clerk of the Planning Board.
1. 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
60 days after the first date set for the hearing.
c. Upon the completion of the hearing, and any adjournment
thereof, the Planning Board shall adopt, by resolution, a written rec-
ommendation in the nature of an advisory opinion. Such report may
M recommend acceptance, or rejection of the application in full or
in part or (ii) acceptance with conditions or (iii) include such other-
recommendations or opinion as the Planning Board shall determine.
1. The report shall also be filed with the Clerk of the
Board of Appeals who shall deliver promptly a copy to each member of
such Board.
4. BOARD OF APPEALS PROCEDURE.
a. The Clerk of the Board of Appeals shall (i) place the
application on the agenda for the next meeting of the Board, and
(ii) shall cause a notice to be published in the official newspaper,
at least once giving notice of a public-hearing which shall be held
on such day and at such time as the Chairman of the Board shall direct.
Written notice of such hearing shall also be mailed in accordance with
the provisions of Section 3, above, (Planning Board Procedures) . Such
notice shall be published and posted at least 10 days prior to the . .
hearing and such hearing shall be held not later than 40 days following
the filing of the Planning Board's report with the Clerk of the Board .
of Appeals.
b. The hearing before the Board shall be conducted in accor-
dance with lawful procedures, as any appeal proceeding before the
Board. The hearing may be adjourned and the Board may request further
information and recommendation from the Planning Board, or may send the
application back to the Planning Board for further review.
c. After the completion of all testimony given at the public
hearing and the submission of all pertinent matters arising out of the
application, the Board shall make its determination by a resolution
adopted by a majority vote. Such determination shall be made and filed
within 60 days of the date on which the first public hearing was held.
The applicant shall be notified of the Board's decision and copies shall
be filed with the Town Clerk, the Zoning Officer and the Clerk of the
Planning Board.
5. The Planning Board, in making any report, and the Board of
Appeals before rendering its decision, shall consider the following
standards and matters:
(1) The need in the community for the proposed use.
(2) The appropriateness of the proposed site including
such matters, among others, as the following:
a. The availability of alternative sites.
b. The physical features and the general character, present
use, and probable future use of the land in the neighborhood.
C. Is the density of the land in the vicinity such as to warrant
the proposed use?
d. Is the site reasonably adapted for the proposed use?
e. The distance from existing and proposed public rights of
way and fKom existing residential development; nature
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of access to and from the site?
f. The adaptability of the site for the proposed use topo-
graphy, natural buffers, screening and fencing.
g. The size of the site chosen for the proposed use. The
radio transmission tower must be located on an unoccupied
parcel having an area of sufficient size that no part of
the` tower will fall on neighboring property should the
structure collapse and the size shall provide a buffer
to other properties in the neighborhood. The size shall
be at least SIX ACRES.
h. Will project regularly cause objectionable odors, noise,
glare, vibration, or electrical disturbance as a result
of the project's operation?
(3) The effect of the proposed use on the other properties
in the neighborhood and the enjoyment by the inhabitants of their
properties and whether it will materially affect the value of such.
properties and the use and enjoyment of such properties by the occupants
and any other effect of such use on the health, welfare and safety of
the occupants of such properties.
6. 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.
7. The applicable procedures of the State and Local SEQR Laws
shall be complied with.
8. MISCELLANEOUS.
a. The applicant will furnish a typewritten list of all owners
of property in the area to whom notice must be mailed including their
address and tax parcel number.
b. Because of the special nature of the proposed use, the
applicant shall pay the cost of publishing the requested notices in the
newspaper and the cost of mailing notices to the owners of other proper-
ties as required by this law, in addition to the fees prescribed for
issuance of building permits.
C. All provisions of the Town's Zoning Ordinance and other.
applicable laws not inconsistent with this law shall govern all proceed=
Ings."
LOCAL LAW SECTION 2
. If any provisions of this local law or the application thereof to any
person or circumstances shall be adjudged invalid by a court of competent
jurisdiction, such order or judgment shall be confined in its operation
to the controversy in which it was rendered, and shall not affect or
invalidate the remainder of any provision of any section of this local
law or the application of any part thereof to any other person or cir-
cumstance and to this end the provision of each section of this local
law are hereby.declared to be severable,
LOCAL LAW SECTION 3
This local law shall take effect immediately.
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