§ 85-788. Uses subject to special permits.

A. 

Unless otherwise permitted by this article, the construction of new communications towers and/or the installation of antennas shall be permitted upon the issuance of a special permit by the Board of Zoning Appeals, subject to the following:

(1) 

Applications for special use permits under this section shall be subject to procedural and other provisions applicable to the Board of Zoning Appeals as set forth in § 85-57 of this chapter, except as otherwise modified in this section.

(2) 

A certification, by an engineer licensed by the State of New York, that the towers/antennas meet or exceed current standard regulations of the FAA, the FCC and any other state or federal agency having authority to regulate towers or antennas. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a New York State licensed professional engineer.

(3) 

A nonrefundable fee as established by Town Board resolution.

[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]

B. 

Special permit requirements for towers/antennas.

(1) 

Information required. Applications for a special use permit for a tower shall include the following:

(a) 

A scaled site plan which meets all the requirements of § 85-113 of this chapter.

(b) 

Setback distance(s) between the proposed tower and the nearest existing residential dwellings and residentially zoned properties.

(c) 

Separation distance(s) from other towers described in the inventory of existing sites submitted with the application shall be shown on an updated site plan or map, identification of the type of construction of the existing tower(s) and the owner/operator of any existing tower(s), if known.

(d) 

A written description of the application's compliance with all applicable requirements of this article and with all applicable federal, state and local laws.

(e) 

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(f) 

A description of the suitability of existing towers and/or other structures and/or alternative technology, and the services contemplated for the use of the proposed tower.

(g) 

All information required for special use permit in § 85-57A of this chapter.

(2) 

The Zoning Board shall consider the following factors in determining whether to issue a special use permit, in addition to the standards for consideration of special use permit applications set forth at § 85-57 of this chapter:

(a) 

Height of the proposed tower;

(b) 

Proximity of the tower to residential structures and residential district boundaries;

(c) 

Nature of existing and/or proposed uses on adjacent and nearby properties;

(d) 

Site and/or surrounding topography;

(e) 

Surrounding tree coverage and foliage;

(f) 

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g) 

Proposed ingress and egress; and

(h) 

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of new towers and/or structures.

(i) 

That the tower does not obstruct or tend to obstruct or render the Town's right-of-way, highway, street, road, sidewalk or other public way dangerous for vehicular or pedestrian passage.

(j) 

The Board may waive or reduce the burden on the applicant of one or more of these criteria if it concludes that the goals of this article are better served thereby.

(3) 

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board that:

(a) 

No existing tower, structure or alternative technology not requiring the construction/alteration of new towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit any information requested by the Zoning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any or all of the following:

[1] 

That no suitable (as to height and structural strength) towers or structures are located within the geographic area which meet applicant's engineering requirements, or that the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna and/or that there are other limiting factors that render existing towers and structures unsuitable.

[2] 

That the fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[3] 

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(b) 

The tower does not obstruct or tend to obstruct or render the Town's right-of-way, highway, street, road, sidewalk or other public way dangerous for vehicular or pedestrian passage.

(4) 

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:

(a) 

Towers shall be set back a distance equal to at least 150% of the height of the tower from any adjoining lot line.

(b) 

Accessory buildings shall satisfy the minimum zoning district setback requirements in the zoning district where the tower or antenna is proposed.

(c) 

Provided, however, that the Board of Zoning Appeals may reduce the standard setback to no less than 75% of the height of the tower from any adjoining lot line and may reduce the setbacks for accessory buildings if the goals of this article would be better served thereby.

(5) 

Separation. The following separation requirements shall apply to all towers for which a special use permit is required; provided, however, the Board of Zoning Appeals may reduce the standard separation requirements if the goals of this article would be better served thereby:

(a) 

Separation between towers. Separation distances between towers shall be applicable to and measured between the proposed tower and preexisting towers; separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, for the proposed tower. The separation distances between towers shall be 5,000 linear feet.

(6) 

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, that the Zoning Board of Appeals may waive such requirements as it deems appropriate.

(a) 

Security fencing shall not be required for antennas or towers located within the Town's right-of-way.

(7) 

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Zoning Board of Appeals may waive such requirements if the goals of this article would be better served thereby.

(a) 

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. Deciduous or tree plantings may be required. The standard buffer shall consist of at least one row of native mixed evergreen shrubs, or trees capable of forming a contiguous hedge at least eight feet in height 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.

(b) 

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the Zoning Board of Appeals.

(c) 

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(d) 

Landscaping shall not be required for antennas or towers located within the Town's right-of way.