§ 300-44. Telecommunications facilities., Article IV. Regulations Applicable To All Zoning Districts., Chapter 300. Zoning, Part II. General Legislation, Code of Ordinances, Oneonta, City

Legislative intent. The City of Oneonta recognizes the increased need and demand for wireless communications transmitting facilities. Often these facilities require the construction of a communications tower. The intent of this section is to protect the City's interest in siting telecommunications facilities in a manner consistent with sound land use planning by:

(1)

Minimizing visual effects of facilities through careful design, siting and vegetative screening.

(2)

Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(3)

Maximizing use of any existing towers, buildings and structures.

(4)

Allowing wireless service providers to meet their technological and service objectives for the benefit of the public.

Approval of telecommunications facilities.

(1)

No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after the granting of a special use permit by the City Planning Commission and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.

(2)

Telecommunications towers and accessory facilities shall be permitted in any zoning district upon the issuance of a special use permit as provided in § 300-29 and the granting of preliminary and final site plan approval, in accordance with Article VII.

(3)

In reviewing an application for a special use permit for a telecommunications tower, the Planning Commission shall, at a minimum, require that the following criteria be met:

(a)

Approval of lease. On municipal or government-owned property, a telecommunications facility shall be permitted upon execution of a lease with the municipality or the government entity and upon the issuance of a building permit. For any property owned by the City of Oneonta, all leases shall be approved by a majority vote of the Common Council and shall address relevant issues of safety, height, aesthetics, setbacks, future expansions of the facility and co-location. A telecommunications facility on municipal or government-owned property shall not require review or approval from the Planning Commission.

(b)

Site plan approval. A telecommunications facility which does not require the construction of a new tower shall be permitted upon site plan approval from the Planning Commission in accordance with the standards set forth in Subsection C, Standards for site plan review, and upon the issuance of a building permit.

(c)

Expanded site plan approval. Where a new tower is required, a telecommunications facility shall be permitted upon expanded site plan approval from the Planning Commission in accordance with the standards set forth in Subsection E, Standards for expanded site plan review, and upon the issuance of a building permit.

Standards for site plan review. The following standards, criteria and requirements shall apply to each site plan review by the Planning Commission for a telecommunications facility:

(1)

Location. Preference shall be given that the proposed facility be located in a higher-use district or on higher-intensity-use property. Such preference, from most favorable to least favorable, is as follows:

(a)

Property with an existing structure suitable for co-location.

(b)

Industrial districts.

(c)

Commercial districts.

(d)

Business office/office park districts.

(e)

Municipal or government-owned property.

(f)

Residential districts.

(2)

Safety. The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.

(3)

Height. Telecommunications facilities on buildings or structures shall be no higher than 60 feet from the ground, unless the applicant submits sufficient information to justify a greater height as the minimum necessary to achieve its coverage objectives.

(4)

Aesthetics.

(a)

The telecommunications facility shall be situated in a manner that minimizes its proximity and visibility to residential structures.

(b)

Every effort shall be made to camouflage the facility within or behind architectural features to limit its visibility from public ways and residential uses while still permitting the facility to perform its designated function.

(c)

Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.

(d)

The facility shall blend in with the existing building's architecture and, if over five square feet, shall be painted or shielded with material which is consistent with the design feature and material of the building.

(e)

The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(5)

Preference for municipal or government-owned sites. All telecommunications facilities erected, constructed or located within the City shall comply with the following requirements:

(a)

A proposal for the facility shall not be approved unless the Planning Commission finds that the antenna planned for the proposed facility cannot be accommodated on an existing structure located on municipal or government-owned property within a one-mile search radius of the proposed facility due to one or more of the following:

[1]

The antenna would exceed the structural capacity of the existing structure, as documented by a qualified professional engineer, and the municipality or government entity has refused to reinforce, modify or replace the structure to accommodate the planned or equivalent antenna.

[2]

The antenna would cause interference materially impacting the usability of other existing antennas at the structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.

[3]

Existing structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.

[4]

Other reasons that make it infeasible to locate the antenna upon an existing structure.

Application materials and supporting documentation for site plan review. Each applicant for site plan approval from the Planning Commission shall submit the following:

(1)

An environmental assessment form (long form) with the visual environmental assessment form (visual EAF) addendum.

(2)

A site plan prepared to scale and in sufficient detail and accuracy showing the following:

(a)

The exact location of the proposed telecommunications facility, together with any guy wires and guy anchors, if applicable.

(b)

The maximum height of the proposed telecommunications facility.

(c)

If applicable, a detail of tower type (monopole, guyed, freestanding, or other).

(d)

If applicable, the location, type and intensity of any lighting on the tower.

(e)

Property boundaries and names of adjacent landowners.

(f)

Proof of the landowner's consent, if the applicant does not own the property.

(g)

The location of all other structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of those structures to any proposed telecommunications facility.

(h)

The location, nature and extent of any proposed fencing, landscaping and/or screening.

(i)

The location and nature of proposed utility easements and access roads, if applicable.

(3)

A written report certifying that the applicant has made substantial effort to locate on municipal or governmental property, including the following information:

(a)

The availability of any municipal or governmental property.

(b)

The extent to which the municipal or governmental properties do or do not meet the applicant's needs, supported by an engineer's certifications as set forth in Subsection C(5), Preference for municipal or government-owned sites.

(c)

The reason why the subject site was chosen.

(4)

A certification from a qualified licensed engineer that the telecommunications facility meets applicable structural safety standards.

(5)

A certification from a qualified licensed engineer that the telecommunications facility will not interfere with local radio and/or television frequencies or with public safety communications.

(6)

An engineering analysis of the radio emissions. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communications facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy, including but not limited to nonionizing electrical radiation, generated from the proposed facility are within the allowable limits established by the FCC. If the telecommunications facility will be co-located with an existing facility, the cumulative effects of all facilities must also be analyzed. The power density analysis shall be based on the assumption that all co-located antennas are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the manufacturer.

(7)

A search ring prepared, signed and sealed by a qualified radio frequency engineer registered in New York State and overlaid on an appropriate background map demonstrating the area within which the wireless communications facility needs to be located in order to provide the proper signal strength and coverage to the target area.

(8)

An agreement, in writing, signed by the applicant and the owner of the property, stating that the applicant will remove the facility if it becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The agreement shall state that if the facility is not removed after the twelve-month abandonment period and after the City has given 90 days' notice and an opportunity for a hearing to the applicant and the owner, the City may remove the facility and may charge any costs plus 50% to the applicant.

Standards for expanded site plan review. The following standards, criteria and requirements shall apply to each application for extended site plan approval by the Planning Commission for a telecommunications facility:

(1)

Site plan review criteria. All the standards, criteria and requirements for site plan review shall apply for the review of an application for expanded site plan review.

(2)

Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent property line equal to the tower height plus 10 feet and a front setback of at least 75 feet shall be deemed adequate. Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.

(3)

Height. The height regulations otherwise applicable in the underlying district shall not apply to towers, provided that the applicant submits sufficient information to justify the proposed height as the minimum necessary to achieve its coverage objectives.

(4)

Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Commission may impose reasonable conditions on the applicant, including the following:

(a)

The Planning Commission may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.

(b)

The Planning Commission may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that the tower should not be artificially lighted, except as required by the FAA.

(c)

The tower shall be either blue or gray in color, have a galvanized finish or be colored appropriately to the extent that the tower is as unobtrusive as possible, unless otherwise required by the FAA. Accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings.

(d)

No tower shall contain any signs except signs displaying contact information and safety instructions. Such signs shall not exceed five square feet in surface area.

(5)

Co-location requirements. All towers erected, constructed or located within the City shall comply with the following requirements:

(a)

A proposal for a tower shall not be approved unless the Planning Commission finds that the antenna planned for the proposed tower cannot be accommodated on an existing tower or structure within a one-mile search radius of the proposed tower due to one or more of the following:

[1]

The antenna would exceed the structural capacity of the existing tower or structure, as documented by a qualified professional engineer, and the existing tower or structure cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.

[2]

The antenna would cause interference materially impacting the usability of other existing antenna at the tower or structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.

[3]

Existing towers or structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.

[4]

Other reasons that make it infeasible to locate the antenna upon an existing tower or structure.

(b)

Any proposed tower shall be designed structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height.

Application materials and supporting documentation for expanded site plan review. Each applicant for expanded site plan review from the Planning Commission shall submit the following:

(1)

All application materials and supporting documentation required for a site plan review of a telecommunications facility.

(2)

A written report inventorying existing towers and/or structures within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new structure. The applicant shall submit documentation demonstrating good-faith efforts to secure shared use on existing towers and structures as well as documentation of the technical, physical and/or financial reasons why shared usage is not proposed, as set forth in Subsection E(5)(a). Written requests for shared use shall be provided where applicable.

(3)

A written agreement stating that the applicant is committed to co-location of telecommunications facilities and that the applicant will negotiate in good faith for shared use of the proposed tower in the future. The applicant shall also agree to the following:

(a)

To respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.

(b)

To negotiate in good faith concerning future requests for shared use of the new tower.

(c)

To allow shared use of the new tower if another applicant agrees, in writing, to pay charges.

(d)

To make no more than a reasonable charge for shared usage based on generally accepted accounting principles.

Technical consultants. The Planning Commission may retain technical consultants as it deems necessary to provide assistance reviewing the site plan or expanded site plan application. The applicant shall bear the reasonable costs associated with such consultation, which costs shall be assessed as an application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.

Procedural requirements.

(1)

Public notice. The applicant shall notify adjacent property owners within 500 feet, by first-class mail, of the filing of any application for site plan and expanded site plan review.

(2)

Public hearing. The Planning Commission shall conduct a public hearing within 62 days from the day an application is received for either site plan or expanded site plan review. The applicant shall notify adjacent property owners within 500 feet, by first-class mail, of the public hearing. Said notices must be mailed at least 10 days prior to the public hearing. All notice requirements of New York State General City Law § 27-b shall be complied with.

(3)

Decision. The Planning Commission shall issue a decision within 30 days after the hearing. The time within which the Planning Commission must render its written decision may be extended by mutual consent of the applicant and the Planning Commission. Any denials by the Planning Commission shall be in writing and supported by substantial evidence.

Monitoring.

(1)

Nonionizing electrical radiation. The applicant shall ensure and shall demonstrate to the approving authority that emissions of nonionizing electrical radiation (NIER) are in compliance with standards established by the FCC or any subsequent superseding standards. If at any time during the operation of the wireless telecommunications facility or attached wireless telecommunications facility the radio frequency emissions are not in compliance with standards established by the FCC, the operator shall immediately notify the City and immediately terminate the operation of the facility. Before resuming operation, the operator shall explain to the approving authority the cause of the failure to comply with radio frequency emission standards established by the FCC and demonstrate to the approving authority all measures taken to prevent such noncompliance in the future.

(2)

The owner and/or user of the wireless telecommunications facility or attached wireless telecommunications facility, after construction thereof, shall annually submit a report, to the City Engineer, prepared by a qualified professional engineer or engineers. Such report shall provide an analysis of the nonionizing electrical radiation emitted by the facility and shall be accompanied by sufficient underlying data so that the analysis can be reviewed for accuracy and completeness by a person expert in the field. After receiving the recommendation of the City Engineer, the approving authority may refer the report for professional review at the owner's expense. If the owner and/or user demonstrate that an acceptable comparable report is routinely made to another agency in satisfactory intervals, the approving authority may authorize the submission of such comparable report to the City Engineer, in lieu of the annual report required above.

(3)

Future review by Planning Commission. The Planning Commission shall review any site plan or expanded site plan approval at five-year intervals to determine whether the technology in the provision of telecommunications has changed such that the necessity for the approval has been eliminated or modified, and whether the approval should be modified or terminated as a result of such change.

Exemptions. The following types of telecommunications facilities are not subject to the provisions of this section:

(1)

Antennas used solely for residential household television and radio reception.

(2)

Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location.

Effect of law on existing telecommunications facilities. Telecommunications facilities in existence that do not conform to or comply with this section are subject to the following provisions:

(1)

Telecommunications facilities may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.

(2)

If such facility is hereafter damaged or destroyed due to any reason or cause whatsoever, the facility may be replaced or restored to its former use, location and physical dimensions without complying with this law; provided, however, that if the cost of repairing the facility to the former use, physical dimensions and location would be 10% or more of the cost of a new facility of like kind and quality, then the facility may not be repaired or restored except in full compliance with this section.

Interpretation; conflict with other laws. In their interpretation and application, the provisions of this section shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare of the residents of the City of Oneonta. This section is not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that whenever the requirements of this section are at variance with the requirements of any other lawfully adopted regulations, rules or ordinances, the most restrictive, or those that impose the highest standards, shall govern.