§ 75-7. Height, setback and design requirements.

Other than as stated in Subsection D, The following requirements must be met for all proposed Wireless Telecommunications Facilities:

A. 

Height.

(1) 

No antenna or any other transmitting or receiving device used in conjunction with a wireless telecommunications facility may extend more than 20 feet above the top of the structure upon which it is placed. This height shall be measured from the bottom of the antenna assembly (including any masts, supports, etc., used to affix an antenna to a building or other structure) to the top.

(2) 

The height of any proposed freestanding Wireless Telecommunications Facility shall be the minimum necessary in order to meet the service needs of the wireless carrier (applicant), unless the support structure, i.e., monopole, tower, etc., is being constructed in order to allow collocation by other wireless carriers. In such cases, the height of the facility shall be the minimum necessary in order to meet the needs of the applicant together with the anticipated needs of the additional carriers being accommodated for at the site. However, the antennas and/or transmitting/receiving devices belonging to an applicant for a proposed freestanding wireless telecommunications facility must be located at the highest available position on the support structure. Collocation and/or the ability to collocate may be provided for at lower heights on the support structure.

(3) 

The height of any accessory structure used in conjunction with the operation of a wireless telecommunications facility, including but not limited to equipment sheds and shelters, shall not exceed 12 feet. Equipment located on the roof of a building shall not exceed the maximum height of the highest point of the building (including, but not limited to, penthouses, parapets, staircase enclosures, etc.).

B. 

Setbacks and placement.

(1) 

Where possible, antennas placed on buildings shall be flush mounted to the facade of the building or to existing structures on the roof of the building (i.e., penthouses, staircase enclosures, etc.) in order to minimize their obtrusiveness and to reduce visual impacts. In no case shall this requirement supersede any building and safety code requirements or any other requirements set forth herein.

(2) 

All freestanding Wireless Telecommunications Facilities shall be set back from any public roadways a distance equal to the height of the tower.

(3) 

All freestanding Wireless Telecommunications Facilities and accessory structures (including equipment sheds, shelters, etc.) must satisfy the setback requirements in any zoning district (except that in industrial zoning districts a freestanding Wireless Telecommunications Facility may encroach into the rear yard setback if it can be demonstrated that by doing so, the visibility of the structure will be reduced).

(4) 

All freestanding Wireless Telecommunications Facilities and accessory structures must be located a minimum of 200 feet from the nearest property line of a residential site or the nearest boundary line of a residential zoning district (whichever is closer).

(5) 

All freestanding Wireless Telecommunications Facilities must be located a minimum of 200 feet from the nearest property line or boundary of any park, scenic area, environmentally sensitive site/area or site of historical significance (with the exception of antennas and equipment which are entirely concealed within an existing historical structure and which do not affect the integrity of the structure or otherwise compromise its historical significance).

(6) 

All freestanding Wireless Telecommunications Facilities must be located a minimum of 200 feet from the nearest property line of any school.

C. 

Design, screening and camouflaging.

(1) 

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical equipment, mechanical equipment and visible accessory structures must be of a neutral color and similar material that is identical to, or closely compatible with, the color and material of the supporting structure so as to make the antenna and other equipment as visually unobtrusive as possible.

(2) 

Where feasible, concealment of antennas within existing structures should be used to reduce visual impacts.

(3) 

Where feasible, the use of stealth technology or stealth structures shall be utilized to minimize the visual impacts of freestanding Wireless Telecommunications Facilities.

(4) 

All new freestanding Wireless Telecommunications Facilities must be designed to allow collocation by one or more additional wireless carriers unless this requirement would result in construction of a freestanding wireless facility to a height greater than that required by the applicant.

(5) 

All accessory structures, such as equipment, equipment cabinets, etc., used in conjunction with a Wireless Telecommunications Facility which is located on a building, must be located either on the roof of the building or within the building.

(6) 

All equipment, equipment cabinets, etc., used in conjunction with the operation of either a new freestanding wireless facility, a collocated Wireless Telecommunications Facility on an existing freestanding structure or a wireless telecommunications facility on a public utility structure shall be enclosed in an equipment shed or shelter.

(7) 

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

(8) 

Landscaping must be used to screen all new freestanding Wireless Telecommunications Facilities and a landscape plan must be submitted with any applications to erect freestanding Wireless Telecommunications Facilities in accordance with § 75-6D(9) herein.

(9) 

All new freestanding Wireless Telecommunications Facilities and associated accessory structures shall be enclosed by fencing not less than six feet in height and shall also be equipped with appropriate anticlimbing devices. Fencing shall be of chain link, wood or other approved alternative.

(10) 

Wireless Telecommunications Facilities shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority.

(a) 

If lighting is required, the Town Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding view.

(b) 

The use of floodlighting is prohibited.

(11) 

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure.

D. 

Design elements for Wireless Telecommunications Facilities within Public Rights-of-Way.

(1) 

Basic requirements.

(a) 

Wireless Telecommunications Facilities located in the Public Right-of-Way are subject to the design and development standards set forth in this Subsection D in addition to all design and development standards that apply to all Wireless Telecommunications Facilities.

(b) 

Right-of-way authority. A Right-of-Way Use Agreement must be obtained for installation of a Wireless Telecommunications Facility within the Public Right-of-Way. Only applicants authorized to enter the Public Right-of-Way pursuant to such an agreement shall be eligible for a permit to install or modify a wireless telecommunications facility in the Public Right-of-Way.

(c) 

All Wireless Telecommunications Facilities shall be constructed in compliance with the Americans with Disabilities Act.

(d) 

Any electricity required for the Wireless Telecommunications Facility shall be supplied through a separate meter. All charges for electricity shall be the sole responsibility of the facility installer or owner.

(e) 

The requirements of this Subsection D may be varied at the request of the Town, with the consent of the applicant applying to install a Wireless Telecommunications Facility, in order to best implement the purposes of this chapter.

(2) 

Antennas and equipment.

(a) 

Utility poles. The maximum height of any antenna mounted to a Right-of-Way Structure that is a utility pole shall not exceed 24 inches above the height of the Right-of-Way Structure, nor shall any portion of the antenna or equipment mounted on such a pole be less than 12 feet above any drivable road surface.

(b) 

Streetlight poles. The maximum height of any antenna mounted to a Right-of-Way Structure that is a streetlight pole shall not exceed seven feet above the existing height of the streetlight pole within a business or industrial zoning district and shall not exceed 24 inches above the existing height of the streetlight pole in any other zoning district. Any portion of the antenna or equipment mounted on such a pole shall be no less than 12 feet above any drivable road surface. Notwithstanding the above, any pole that contains a streetlight and other connected utilities shall be deemed a utility pole.

(c) 

Antennas and other equipment shall be shaded in a color consistent with the shading of other structures or vegetation in the vicinity of the installation such that the installation is integrated into the surrounding environment.

(d) 

With the exception of electric meters, which shall be pole mounted, and other pole-mounted equipment, all accessory equipment shall be located underground to the extent feasible. When aboveground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 15 square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening.

(e) 

Pole-mounted equipment shall not exceed six cubic feet in dimension. The total square footage for all equipment associated with the Small Cell Facility (excluding the antenna) shall be no more than 28 cubic feet in volume.

(3) 

Poles.

(a) 

Wireless Telecommunications Facilities within the Public Rights-of-Way may only be attached to existing Right-of-Way Structures. Only pole-mounted Wireless Telecommunications Facilities shall be permitted in the Public Right-of-Way. Mounting to other structures shall be prohibited.

(b) 

No new poles may be installed unless;

[1] 

The new pole is replacing an existing pole; or

[2] 

No existing pole, because of its physical condition, may safely support a Wireless Telecommunications Facility.

(c) 

Requirements for new poles.

[1] 

All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Poles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

[2] 

Notwithstanding the above, no new pole shall be greater in height and width than the highest and widest of the existing poles within 1,500 feet of the new pole.

[3] 

No new pole may be located greater than 12 inches from the boundary of the paved portion of the Public Right-of-Way, whether or not the boundary is formed by a curb.

[4] 

No new pole may be located within 90 feet of an existing pole.

[5] 

No new pole may be constructed in a location that would cause the Public Right-of-Way to no longer be accessible in compliance with the Americans with Disabilities Act.

[6] 

No new pole shall be installed adjacent to the frontage of any property within a residential district, except:

[a] 

A new pole may be located within 12 inches of the boundary line of a property in a residential district and the adjacent property; and

[b] 

A new pole may be located adjacent to the frontage of a property with no structures thereon.

[7] 

If the new pole replaces an existing pole, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section in the reasonable judgment of the Building Commissioner.

(4) 

Location.

(a) 

Each component part of a Wireless Telecommunications Facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists.

(b) 

No ground-mounted equipment cabinet shall be installed adjacent to the frontage of any residential property within a residential district. For purposes of this subsection, the term "frontage" shall mean the area adjacent to the front property line of a residential property that faces the main entrance of a residential structure on the residential property.

(c) 

A Wireless Telecommunications Facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other public health and safety facility.

(d) 

Each wireless telecommunications facility must be separated by at least 1,500 feet.

(e) 

No Wireless Telecommunication Facility shall be located within 350 feet of a boundary line of a lot containing a school.

(f) 

All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground, if feasible.