Hague Proposed WTF Amendment - revised January 9, 2009
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Town of Hague Zoning Districts with allowable uses and proposed additions for “Major Public Utility Uses” |
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Section |
Zoning Districts |
MPU use |
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§160-20 |
HP |
Hamlet - Primary (20,000 square feet per principal building) |
add as: SPR – Type 1 |
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§160-21 |
HS |
Hamlet - Secondary (20,000 square feet per principal building) |
add as: SPR – Type 1 |
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§160-22 |
HS-R |
Hamlet - Secondary Residential (20,000 square feet per principal building) |
add as: SPR – Type 1 |
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§160-23 |
TR-1 |
Town Residential 1 (1.1 acres per principal building) |
allowed as: SPR – Type 1 |
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§160-24 |
TR-1R |
Town Residential 1: Residential (1.1 acres per principal building) |
add as: SPR – Type 1 |
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§160-25 |
TR-2 |
Town Residential 2 (1.1 acres per principal building) |
allowed as: SPR – Type 1 |
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§160-26 |
TR-3 |
Town Residential 3 (1.1 acres per principal building) |
allowed as: SPR – Type 1 |
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§160-27 |
OCI |
Open Countryside I (2.9 acres per principal building) |
allowed as: SPR – Type 1 |
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§160-28 |
OCI-R |
Open Countryside I: Residential (2.9 acres per principal building) |
add as: SPR – Type 1 |
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§160-29 |
OCII |
Open Countryside II (8.0 acres per principal building) |
add as: SPR – Type 1 |
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§160-30 |
OCII-R |
Open Countryside II: Residential (8.0 acres per principal building) |
add as: SPR – Type 1 |
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§160-31 |
RC |
Resource Conservation (40.0 acres per principal building) |
add as: SPR – Type 1 |
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§160-32 |
RC-R |
Resource Conservation: Residential (40.0 acres per building) |
add as: SPR – Type 1 |
Add Uses:
§160-20 (C)(1)(u) Major Public Utility Uses
§160-21 (C)(1)(o) Major Public Utility Uses
§160-22 (C)(1)(c) Major Public Utility Uses
§160-24 (C)(1)(d) Major Public Utility Uses
§160-28 (C)(1)(d) Major Public Utility Uses
§160-29 (C)(1)(e) Major Public Utility Uses
§160-30 (C)(1)(d) Major Public Utility Uses
§160-31 (C)(1)(d) Major Public Utility Uses
§160-32 (C)(1)(d) Major Public Utility Uses
Revise Definition: §160-10. Definitions
MAJOR PUBLIC UTILITY USE — Any electric power transmission or distribution with associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone interchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing 25 or more pairs of wire and designed to provide initial telephone service for new structures; any telephone or other communications transmission tower; any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; and any electric substation generating facility or maintenance building and any water or sewage pipes or conduits, including any water storage tanks, designed to service 50 or more principal buildings and any “Wireless Telecommunications Facilities” as that term is defined in section 160-59.1
Add new Section to Article IX Supplementary Regulations:
§160-59.1. Wireless Telecommunication Facilities.
A. Definitions. For the purposes of this section, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory.
APPLICANT – any wireless service provider submitting an Application for a Wireless Telecommunication Facilities, including municipal providers.
ANTENNA – a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, Personal Telecommunications Services (PCS), microwave telecommunications and services not licensed by the FCC, but shall not include those antenna expressly exempt from the Town’s siting, building and permitting authority.
ANTENNA ARRAY – one or more antennae used to provide wireless service.
HEIGHT – when referring to a telecommunication tower or other structure, the distance measured from the lowest existing grade level at the tower or structure to the highest point on the tower or structure, even if said highest point is an antenna, a lightning protection device or any other apparatus attached to the tower or other structure.
MODIFICATION OR MODIFY – the addition, removal or change of any of the physical and visually discernable components or aspects of a wireless telecommunications facility, such as antennae, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or any upgrade or replacement of the equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site is a modification. A change in the effective radiated power or a change in the radio frequency emissions from the facility is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing, or changing anything.
SHARED USE - is the use of a tower or other structure to support antennae for the provision of the wireless services
TELECOMMUNICATIONS – the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATION TOWER – a structure, including a building, pole or other device, on which transmitting and/or receiving antenna are located.
WIRELESS – the use of radio frequencies over the air or any other functional equivalent means of providing service over the air that does not primarily rely upon wires or cable for the provision of service.
WIRELESS TELECOMMUNICATIONS FACILITIES (WTF) – includes a telecommunications tower, a telecommunications site and any structure, facility, or location designed, or intended to be used as, or used to support, antenna or other transmitting or receiving devices. This includes, without limit, telecommunication towers of all types and kinds and structures that employ stealth technology, including, but not limited to structures such as a multi-story building, church steeple, silo, water tower, sign or other structure, that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, guy wires, and associated anchors, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, Personal Telecommunications Services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the Town’s siting, building, and permitting authority.
B. General Provisions. After the effective date of this section, no WTF shall be used, erected, moved, reconstructed, or modified, nor shall any existing structure be altered to a wireless telecommunication facility, except in conformance with this section and Article VII, “Uses Permitted by Site Plan Review.”
(1) Where these provisions conflict with other laws and ordinances
of the Town of Hague, the more restrictive shall apply.
C. Project Application. An application for approval of a WTF shall include the following in addition to the general site plan review requirements.
(1) Documentation on the proposed intent and capacity of use
(2) Justification for the proposed height of any telecommunication tower or antennae
(3) Justification for any land or vegetation clearing required.
(4) A map detailing where signals would be received
(5) A visual analysis with particular attention to visibility from key viewpoints within and outside of the Town, as identified in the EAF.
(6) A completed full Environmental Assessment Form (EAF)
D. Approval Standards
(1) Shared Use.
a. At all times, shared use of existing towers or structures shall be preferred to the construction of new towers. Where such shared use is unavailable, location of antenna on lawfully existing structures shall be considered. Each applicant shall prepare and provide 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 existing structures as an alternative to a new construction.
b. An applicant proposing to share use of an existing tower shall document the owner consent. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure 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.
c. In the case of new towers, an applicant shall 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.
(2) Setbacks.
a. New WTF shall comply with all building setbacks applicable in the affected zone.
b. New the telecommunication tower shall be setback from all adjoining property and areas of public access by a distance of one and one-half times the height of the tower.
c. Additional setbacks for new telecommunication towers shall be required to protect and preserve privacy of adjoining landowners and to protect the public and surrounding property from ice-fall or debris from structural failure.
d. Antenna arrays proposed for existing structures, such as church steeples, and water tanks, shall be setback from all adjoining properties and areas of public access as determined necessary by the reviewing board for the health, safety and general welfare of the residents and visitors of the Town.
(3) Visibility.
a.
All telecommunication towers and
accessory structures shall be sited to avoid and mitigate adverse visual and
aesthetic impacts upon the natural environment and visual character of the neighborhood
or environs and the Town of Hague.
b. Telecommunication towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
c. Towers shall be lower than the surrounding tree canopy unless the applicant can be demonstrated to the review board that the technical requirements of the telecommunications system prevent the practical use of towers at that height.
d. In all cases, guyed towers shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use.
e. In such cases where new telecommunication towers are proposed to extend above the surrounding tree canopy, they shall resemble natural vegetation. Where towers are at or below the surrounding tree canopy, they shall resemble natural vegetation unless screened from public view. The intent is to minimize adverse impacts upon the natural environment and visual character of the nearby area and the town.
f. Building materials, colors and textures designed to blend with the natural surroundings shall be use for WTF. Telecommunication towers and antenna arrays shall maximize use of building materials, colors and textures designed so the structures shall not draw attention or distract from the natural surroundings.
(4) Securing the Site from Unauthorized Access. Provision shall be made for securing the site from unauthorized access at all times and the review board may require that the telecommunication tower, guys and accessory facilities be fenced to prevent any unauthorized entry.
(5) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding six inches in diameter at breast height shall take place prior to the issuance of a permit for the WTF.
(6) Screening. Deciduous and evergreen tree plantings may be
required to screen portions of the telecommunication tower from nearby
residential properties and public sites known to include important views or
vistas. Where the site adjoins 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 includes the height of any berm on which the plant is placed.
(7) Access and parking. Road and parking facilities shall be
provided to assure adequate access for maintenance and emergency and service. Maximum
use of existing roads, public or private, shall be made. Road construction 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 by the reviewing board in meeting the objectives of
this subsection.
E. Maintenance and Removal upon abandonment. The applicant and/or owner
shall cooperate with the Planning Board in supplying all necessary construction and
maintenance data for the entire period of its anticipated use to the Planning Board prior to approval of any application. The Planning Board may require annual inspections of the site to ensure its structural soundness and safety and compliance with any conditions of approval. The reasonable cost of such inspections shall be borne by the applicant/owner. The applicant shall submit to the Town Board a letter of intent committing the WTF owner, and his/her successors in interest, to notify the Zoning Enforcement Office 90 days prior to the discontinuance of use of the WTF. This letter shall be filed with the Zoning Enforcement Officer prior to issuance of a building permit. Obsolete or unused towers and accessory structures, including guys, shall be removed from any site within four months of such notification. The site shall be returned to its pre-condition appearance to the extent such is practicable. The reasonable cost for such removal shall be borne by the applicant/owner. 2 Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter. [1]
F. Inter-municipal
notification for proposed new telecommunication towers. In order to keep neighboring
municipalities informed, and to facilitate the possibility of using an existing
tall structure or telecommunication tower in a neighboring municipality for
shared use, and to assist in the continued development of County 911 Services,
the following procedures shall apply:
(1) An applicant who proposes a new telecommunication tower shall notify in writing the legislative body of each of the adjoining municipality and the Director of Warren County Emergency Services. Notification shall include a description of the project, including but not limited to, the height of the tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Planning Board at
the time of application.
(3) An applicant who proposes a new WTF shall notify in writing the NYS Adirondack Park Agency. Such notice shall include a copy of the application materials and all documents and papers in support thereof submitted to the Town and shall be made simultaneously with the filing of the application with the Planning Board.
G. Professional Review Fees. In addition to all other fees required under the this Zoning Ordinance, the Planning Board shall require an applicant to pay the costs incurred by the Planning Board for legal and/or technical review of an application. The fees charged to an applicant shall reflect the actual costs of reasonable and necessary legal and/or technical assistance and review incurred by the Planning Board.