HomeMy WebLinkAboutLL 05 of 2005 Telecommunications Facility (2).doc
ADOPTED MAY 9, 2005
TOWN OF ITHACA
LOCAL LAW NO. 5 OF THE YEAR 2005
A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA
CODE REGARDING TELECOMMUNICATIONS FACILITIES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Section 270-5 of the Town of Ithaca Code, entitled “Definitions,” is
amended by making the following changes to the definition of TELECOMMUNICATIONS
FACILITY: removing the letters “A” and “B” from the definition, changing the numbers “(1)”,
“(2)”, and “(3)” to the letters “A”, “B”, and “C”, respectively, adding new subsections D and E,
and changing from uppercase to lowercase the first letter of the word “used” that appears
immediately after subsection E, so that the definition reads as follows:
“TELECOMMUNICATIONS FACILITY –
Any equipment, other than:
A. Equipment used by amateur radio licensees regulated by the Federal
Communications Commission; or
B. Equipment that is used by a governmental unit or agency that is statutorily
expressly exempt from regulation by the Town of Ithaca; or
C. Mobile equipment that is contained in a car or other motor vehicle or is
completely portable and not affixed in any manner to realty \[the exception for
mobile equipment does not extend to any antenna(s) attached, directly or
indirectly such as on a tower or other structure, to realty or to other facilities used
in connection with such mobile equipment\]; or
D. Devices covered by the Federal Communication Commission’s Over-the-
Air Reception Devices Rule, found at 47 C.F.R. Section 1.4000; or
E. Antennas that are not licensed by the Federal Communications
Commission and are one meter or less in diameter or diagonal measurement or
(for whip antennas) are one meter or less in length and no more than three inches
thick,
used in connection with the provision of two-way communication services of
which at least one of the directions of communications is wireless, including
cellular telephone services, personal communications services, private radio
communications services, fire and emergency communications, and any other
private or public radio communications transmissions regulated by the Federal
1
Communications Commission in accordance with the Telecommunications Act of
1996 and other federal laws. Such uses shall include private commercial uses as
well as public uses. 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.”
Section 2. Section 270-219 of the Town of Ithaca Code, entitled
“Telecommunications Facilities,” is amended as follows:
1. § 270-219.B is amended by adding a new sentence to the end of this subparagraph
reading as follows:
“Notwithstanding the foregoing provisions of this subparagraph,
telecommunications facilities meeting the criteria in § 270-219.O are subject to
the requirements in §270-219.O and are not subject to the other requirements in §
270-219.”
2. § 270-219.C, entitled “General Criteria,” is amended by deleting subsection 7 and
inserting a new subsection 7 reading as follows:
“When including the construction of a tower, such a tower is designed to
accommodate future shared use by at least two other telecommunications service
providers.”
3. § 270-219.D, entitled “Collocation,” is amended by adding a new subsection 3 reading
as follows:
“Any subsequent location of telecommunications antennas and/or 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 if the tower’s original design was adequate to
accommodate the proposed additional antennas and equipment. However, the
additional antennas and equipment proposed to be located on an existing tower,
and accessory buildings and equipment associated with same, 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 antenna and/or 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. Notwithstanding the
foregoing, proposed antennas that meet the criteria in subparagraph O, and the
accessory equipment and structures associated with such proposed antennas, shall
be subject to the requirements in subparagraph O and not this subparagraph.”
2
4. § 270-219 is further amended by adding a new subparagraph O reading as follows:
“O. Streamlined process for certain facilities.
(1) Telecommunications facilities that meet all of the following
criteria are subject to the requirements of this subparagraph O and not the other
requirements of § 270-219:
(a) The telecommunications facility’s antenna(s) will be
located on an existing structure that can accommodate the antenna(s) as well as
any associated equipment that is to be located on the existing structure, and the
existing structure will not have its height increased or be otherwise modified to
accommodate the facility;
(b) The tops of the antenna, equipment and mounts will extend
no more than ten feet above the top of the existing structure on which they are
placed;
(c) Side-mounted facilities will not project more than twenty
inches from the face of the existing structure;
(d) The size of each antenna will not exceed ten feet in any
dimension and the area of the largest face for each antenna will be less than or
equal to four hundred square inches;
(e) Any wires or cables associated with such antennas and
equipment either will not be visible from the ground or will not exceed, on a
cumulative basis, one (1) inch in thickness.
(f) The telecommunications facility will not be located in an
historic district that has been listed in the State or National Registers of Historic
Places.
(g) For existing structures and facilities that are not already
artificially lit or marked, no artificial lighting or marking of the existing structure
or of the existing or new facilities shall occur;
(h) No portion of the telecommunications facility, including
accessory structures, shall be used for signs or promotional or advertising
purposes, including but not limited to company name, phone numbers, banners,
streamers, and balloons.
(i) Access to the telecommunications facility shall be achieved
by use of an existing public or private road and no new accessway, driveway or
parking area shall be constructed.
3
(2) An antenna and equipment for a telecommunications facility that
meets all of the criteria in subsection O(1) may be affixed to an existing structure
anywhere in the Town of Ithaca, but only if the person seeking to affix same shall
have obtained, prior to affixing the antenna and any equipment, a building permit
from the Building and Zoning Enforcement Officer in accordance with this
subparagraph O and with the provisions of §§ 125-4 and 270-233. No height
variance shall be required for the antenna and equipment even if the tops of the
proposed antenna, equipment or their mounts exceed the permitted height of
structures in the zoning district in which the facility is proposed to be located. No
special permit or site plan approval shall be required for such antennas to be
affixed, although all accessory structures and certain equipment will require
advance site plan approval from the Planning Board as set forth in this
subparagraph O.
(3) Notwithstanding the foregoing, where all antennas and equipment
are to be located wholly inside an existing building and no accessory structure
will be built or erected, no special permit or site plan approval shall be required,
and no building permit shall be required unless a building permit is required
pursuant to the provisions of § 125-4 or § 270-233. In such a case, the
requirements in these other sections shall apply and the additional building permit
requirements in this subparagraph O shall not apply.
(4) The following requirements shall apply to accessory structures
proposed in connection with a telecommunications facility meeting the criteria in
subsection O(1):
(a) Notwithstanding any provisions to the contrary in § 270-
233, all accessory structures shall require a building permit from the
Building and Zoning Enforcement Officer prior to construction.
(b) Site plan approval from the Planning Board in accordance
with the requirements of this subsection O(4) and with Article XXIII of
Section 270 is also required prior to construction of any accessory
structure. The applicant shall submit a completed short environmental
assessment form (EAF) to the Planning Board together with the
application for site plan approval.
(c) Accessory structures shall maximize the use of building
materials, colors, and textures designed to blend in with the natural
surroundings.
(d) Accessory structures shall have appropriate vegetative
buffering, reasonable satisfactory to the Planning Board, to buffer their
view from neighboring residences, recreation areas, or public roads. The
Planning Board may similarly require screening adjacent to waterways,
4
landmarks, refuges, community facilities, or conservation or historic areas
within common view of the public.
(e) Without limiting the requirements of the preceding
subsection, existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in diameter
(measured at a height of four feet off the ground) shall occur in connection
with the accessory structure prior to the granting of site plan approval.
(f) Notwithstanding provisions to the contrary in any other
article of this chapter, the front, side, and rear yard requirements of the
underlying zoning district in which such a telecommunications facility is
erected shall apply to any accessory structure.
(g) Accessory structures shall be surrounded by fencing at least
eight feet in height to discourage unauthorized access to the site. The
Planning Board may waive or modify 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.
(h) Motion-activated or staff-activated security lighting around
an 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 or, if the Planning Board has
waived the fencing requirement, when the area within twenty (20) feet of
the structure has been entered.
(i) Equipment or vehicles not used in direct support,
renovations, additions or repair of any telecommunications facility shall
not be stored or parked on the facility site.
(5) The following requirements shall apply to equipment proposed in
connection with a telecommunications facility meeting the criteria subsection
O(1):
(a) Site plan approval from the Planning Board in accordance
with the requirements of this subsection O(5) and with Article XXIII of
Section 270 is required prior to construction or placement of any
equipment, except site plan approval shall not be required for equipment
placed on an existing rooftop where the equipment extends no more than
three feet above the rooftop.
5
(b) Where site plan approval is required, the applicant shall
submit a completed short EAF to the Planning Board together with the
application for site plan approval.
(c) Where site plan approval is required, the Planning Board
may require appropriate fencing or vegetative buffering for equipment to
buffer its view from neighboring residences, recreation areas, or public
roads. The Planning Board may similarly require screening adjacent to
waterways, landmarks, refuges, community facilities, or conservation or
historic areas within common view of the public.
(d) Notwithstanding provisions to the contrary in any other
article of this chapter, the front, side, and rear yard requirements of the
underlying zoning district in which such a telecommunications facility is
erected shall apply to all equipment.
(e) Equipment or vehicles not used in direct support,
renovations, additions or repair of any telecommunications facility shall
not be stored or parked on the facility site.
(6) Engineering and maintenance.
(a) Where site plans are required under this subparagraph O,
they must bear the seal of a professional engineer licensed to practice in
the State of New York.
(b) Except as provided below, every facility governed by this
subparagraph O shall be inspected at least every second year for structural
integrity by a New York State licensed engineer. The initial inspection
shall occur within two (2) years of the issuance of the facility’s certificate
of occupancy. A copy of the inspection report shall be submitted to the
Building and Zoning Enforcement Officer. Any unsafe condition revealed
by such report or otherwise revealed shall be corrected within ten days of
notification of same to the owner of the facility and the record landowner
on which the facility is constructed. The time period for correction may,
on application of the facility owner or landowner, be extended by the
Building and Zoning Enforcement Officer 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 the applicable time period, or if the required
inspection is not provided to the Town, the facility owner and landowner
shall be subject to the enforcement provisions of this chapter.
(c) Facilities with all antennas and equipment located wholly
inside an existing building shall be exempt from the above inspection
requirements.
6
(7) Removal. At the time of submittal of the application for a building
permit for a telecommunications facility, the applicant shall submit an agreement
to remove all antennas, mounts, accessory structures, equipment, fencing, lighting
and utilities if such facility becomes technologically obsolete or ceases to perform
its originally intended function for more than twelve 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.
(8) Application. The application for a building permit for the
construction of a telecommunications facility meeting the criteria in subsection
O(1) shall include:
(a) All of the information required by §125-4;
(b) If the applicant is not the landowner, the name and address
of the landowner and proof of the landowner’s consent to the erection of the
facility and agreement to abide by the requirements of this chapter;
(c) The agreement to remove the facility, as required by
subsection O(7);
(d) Copies of the Federal Communications Commission (FCC)
license, if applicable, and of all documents submitted to the FCC or any other
governmental agency having jurisdiction over the facility;
(e) Copies of manufacturer’s information showing the antenna,
equipment and other components meet FCC radiation standards;
(f) Certification by a professional engineer licensed to practice
in the State of New York that the telecommunications facility:
(i) Conforms with all federal and state laws and all
applicable rules and regulations promulgated by the FCC, the Federal
Aviation Administration, and any other federal agencies having
jurisdiction and will not cause, by itself or in conjunction with other
telecommunications facilities, general public electromagnetic radiation
exposure that exceeds standards set by the FCC or any permit granted by
the FCC;
(ii) Complies with all other requirements of this
chapter, unless expressly superceded herein;
(iii) Will not endanger the life, health, welfare or
property of any person;
7
(iv) Can be safely accommodated on the existing
structure, the existing structure will not be increased in height or be
otherwise modified to accept the proposed facility, and if the proposed
facility is an antenna to be located on an existing tower, a certification that
the existing tower will continue to be safe with the additional antenna and
any equipment and will meet all then currently applicable design and
construction criteria in accordance with generally accepted good
engineering practices and generally accepted industry standards;
(v) If the existing structure is not artificially lighted or
marked at the time of the application, a certification that neither the new
facility nor the existing structure or facilities will be artificially lighted or
marked as a result of the addition of the new facility; and
(vi) Will 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), and will meet generally
accepted good engineering practices and industry standards, including but
not limited to acceptable standards as to stability, wind and ice loads, and
bird protection.
(g) A statement as to whether site plan review is required for
accessory structures and/or equipment.
(h) Any applicable application fees or other fees.
(9) If site plan approval is required for accessory structures and/or
equipment, the Building and Zoning Enforcement Officer shall advise the
Planning Board whether all other building permit application requirements have
been met and shall not further process the building permit application until
Planning Board site plan approval has been granted.
(10) Miscellaneous.
(a) Any building permit or site plan approval issued hereunder
shall be valid only for the dimensions and number of antennas, equipment and
structures for the telecommunications facility as so approved. Any subsequent
changes or modifications shall require a new application for same following the
procedures set forth in this section.
(b) Whenever reference is made to an engineer’s certificate or
report in this section, the same shall be provided by a professional engineer
licensed in the State of New York who is reasonably satisfactory to the Building
and Zoning Enforcement Officer.”
8
Section 3. 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 4. This local law shall take effect upon publication of the local law or an abstract
of same in the official newspaper of the Town, or upon its filing with the New York Secretary of
State, whichever is the last to occur.
9