Purpose.
The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Chili while providing a unified and uniform procedure to process and establish a telecommunications network within the Town of Chili consistent with applicable federal and state regulations, giving due regard for the need to protect the natural features and aesthetic characteristics of the Town.
Applicability of special permit use regulations.
A. No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.
B. These regulations shall apply to all property within the Town of Chili in the order of priority and preference hereinafter provided for.
C. Exceptions to these regulations are limited to:
(1) New uses which are accessory to residential uses.
(2) Lawful or approved uses existing prior to the effective date of these regulations.
D. Where these regulations conflict with other laws and regulations of the Town of Chili, the more restrictive shall apply, except for tower height restrictions which are governed by these special permit use standards.
Compliance with State Environmental Quality Review Act.
The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
Special permit use standards.
A. Site plan.
An applicant shall be required to submit a site plan as described in
Article V: Site Plan Approval, of the Code of the Town of Chili.
(1) The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required. The site plan shall include or there shall be separately submitted a grid map with zoning overlay, propagation maps and preexisting structures also noted thereon. The applicant shall be required, whenever possible, to locate the proposed tower facility in the most restrictive zone and with due consideration given to existing facilities, as depicted upon the overlay map. Whenever possible, tower facilities shall be sited upon governmental or municipally owned property or properties owned or controlled by public utilities. The applicant shall be further required to adjust the grid map to the fullest extent possible so as to take advantage of the existing structures and facilities and so as to locate the proposed facility within the most restrictive zone so as to lessen the impact upon residential structures.
(2) In addition to other site plan requirements, an application for a telecommunications tower shall include the following additional information:
(a) The location of all structures, trees exceeding four inches in diameter (measured at a height of four feet off the ground) and other significant and/or unusual features on the site and on any other adjacent property within 20 feet of the property line.
(b) All information prepared by the manufacturer of the antenna or tower, or the applicant for which a conditional permit is being sought, including, but not limited to, the following:
[1] Make and model of tower to be erected.
[2] Manufacturer's design data for installation instructions and construction plans.
[3] Applicant's proposed tower maintenance and inspection procedures.
[4] Applicant's proposed maintenance and inspection schedules.
[5] Applicant's maintenance and inspection records system.
[6] Anticlimb devices for the tower and any guy wires.
(3) Additionally, the Planning Board shall require that the site plan include a completed visual environmental assessment form (visual EAF) and a landscaping plan, prepared by a licensed landscape architect, addressing other standards listed within this section, with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.
B. Construction materials.
To the extent possible, all towers shall be of a metal monopole construction and the Planning Board shall have the authority to require that the applicant construct such tower of such materials and in such a configuration, including but not limited to camouflaging and such other methods then available, so as to lessen the visual impact to the fullest extent possible.
C. Government services.
Adequate provision shall be made such that all municipal emergency services, including but not limited to police, fire and ambulance services, may be located upon the tower or its accessory facilities. This shall also include the emergency communications equipment of the Monroe County Department of Public Safety. These emergency services shall have the use of the tower facility for emergency communications purposes without charge.
D. Limitation on number of towers.
No more than one tower facility shall be allowed on any tax parcel within the Town, and no existing tax parcel may be subdivided solely for the purpose of obviating this provision.
E. Shared use.
(1) At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
(2) An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or stricture to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes including real property acquisition or lease required to accommodate shared use.
(3) In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
F. Setbacks.
Towers and antennas shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on-site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. All towers and antennas shall maintain a minimum setback equal to the height of the tower (and any antenna or other fixtures affixed to the top of the tower) plus 25 feet.
G. Visibility.
(1) All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
(2) Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA. In all cases, freestanding towers shall be preferable to guyed structures. Towers should be designed and sited so as to avoid, whenever possible, application of the FAA lighting and painting requirements.
(3) Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings. Where the site plan calls for an accessory facility which is a building, such building shall be constructed with red clay brick facing on all walls, steel security doors, and a gabled raised-seam metal roof with a verdigris finish.
H. Existing vegetation.
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 take place prior to approval of the special use permit. Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
I. Screening.
Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
J. Site access and fencing.
The site plan shall detail the means of access to the tower site, and all security or safety fencing proposed. Such detail shall include, but shall not be limited to, gate location, roadway location and design, height and type of fencing, and security measures, if any, for the site. Proper gating or other measures of securing the access road so as to eliminate nuisance usage must be considered and may be required by the Planning Board as a condition of approval. Notwithstanding the provisions of
§ 500-54A(5), barbed wire shall be permitted atop chain-link security fencing if, in the Planning Board's opinion, such use of barbed wire is required to provide adequate security for the telecommunications tower.
K. Signs.
Notwithstanding any other provision of law, signs are prohibited on telecommunications towers, their sites or accessory structures.
L. Access and parking.
A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.
M. Town review fees.
In addition to the application fee, the applicant shall be responsible for any and all expert fees which are incurred by the Town in the review of the application, including review by engineers and consultants employed by the Town. As security for this, an applicant shall pay on account with the Town an amount as defined in the Town's Fee Schedule at the time of application. Any additional engineering or consultant's fees incurred by the Town over and above such sum shall be invoiced to the applicant from time to time. No certificate of occupancy or certification of completion or compliance shall be issued until all unpaid fees have been paid.
N. Radio emissions.
Radio emissions from any towers and/or antennas attached to it shall conform to applicable Federal Communications Commission regulations on emissions. The Planning Board shall request proof of compliance with these standards. No certificate of occupancy or certificate of compliance shall be issued by the Director of Planning, head of the Building Department, or similar officer or designee or Code Enforcement Officer without satisfactory proof of compliance with this requirement.
O. Height of towers.
No tower shall exceed 35 feet in height when measured from the average elevation of the ground surface immediately surrounding the location of the tower.
Security for maintenance and removal.
A. The applicant shall submit, as part of its application, a detailed cost analysis and estimate of the annual costs associated with the maintenance of the proposed tower, accessory buildings or structures, access roadway and all other improvements, as depicted upon the site plan. Such estimate shall be reviewed by the Town Engineer, and upon establishment of the annual costs of such maintenance the applicant shall post a letter of credit, or other financial security acceptable to the Town Attorney, so as to assure the performance of annual maintenance services.
B. Removal of tower. In the event that a telecommunications tower is no longer used for the purposes specified in the application, or the telecommunications facility ceases operations for a period of 90 days, such tower, structures and facilities shall be dismantled and removed from the site within 30 days of receipt of a written notice from the Director of Planning, head of the Building Department, or similar officer or designee and/or Code Enforcement Officer. Prior to the issuance of a building permit the owner and operator of a telecommunications tower shall provide the Town with a letter of credit or other financial security acceptable to the Town Attorney. The estimate shall be prepared by the applicant's licensed engineer, verified by the Town Engineer (or the engineer hired by the Town to evaluate the application, if different from the Town Engineer) and approved, as to form, by the Town Attorney. The amount of such financial security shall be approved by the Town Attorney.
C. Failure of the applicant to continuously maintain in full force and effect such letters of credit or other financial security shall automatically terminate all permits or approvals granted with respect to such site or sites and shall constitute a violation of the provisions of this article.
Authority to impose conditions.
The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications tower or special permit use or site plan.
See
Article XVII: Telecommunications Towers for more information.
