LL #04-19984cal Law FilingNEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text or law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
X�3'i}rl�X
X y' x of ......Wap.pin.Ue
Town......................................................................................................
Local Law No. .... .............................. of the year 19 `�?�....
A local law ,entitled "Amendments to the Zoning Law Adopting Regulations for Telecommunications
................................................................................... ...................
(Insert Title) Owers, Antennae and Pers.ona...l Wir...e.ess Service �'aciTities"
it enacted by the Town Board
..........................................................................................................................o f t h e
(Name of Legislative Body)
( tX of .......Wahh inrer.............:...............................
Town
TEXT COMMENCES ON NEXT PAGE
...................................................as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(l)
LOCAL LAW OF 1998
TOWN OF WAPPINGER
A Local 'Law entitled "Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service Facilities" regarding the
approval, establishment, placement, construction, enlargement and erection of
Telecommunications Towers, Antennae and Personal Wireless Service Facilities in the Town of
Wappinger.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title: Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service Facilities.
This Local Law shall be known and cited as Town of Wappinger Local Law No.
of 1998, entitled "Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service Facilities" and shall
provide standards and requirements for the regulation and placement of Telecommunications
Towers, Antennae and Personal Wireless Service Facilities in the Town of Wappinger.
Section II: Legislative Intent and Purpose.
The purpose of regulating Telecommunications Towers, Antennae and Personal Wireless
Facilities and Towers is to:
1. Preserve the character and appearance of the Town of Wappinger while allowing
Adequate Personal Wireless Services to be developed.
2. Protect the scenic, historic, environmental, and natural or man-made resources
of the community.
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3. Provide standards and requirements for the regulation, placement, design,
appearance, construction, monitoring, modification and removal of Personal
Wireless Service Facilities.
4. Establish a systematic review process that ensures action within a reasonable
period of time, for requests for authorization to place, construct, operate or
modify Personal Wireless Service Facilities.
5. Preserve property values.
6. Minimize the total number and height of Towers and Antennae throughout the
community, consistent with the need to provide adequate service.
7. Locate Towers and Antennae so that they will not create an attractive nuisance,
noise, or harm from falling objects, and otherwise will not have any other
potential adverse impact on property values, the health, safety, welfare and
quality of life in the community.
8. Require owners of Towers and Personal Wireless Service Facilities to configure
them so as to minimize and mitigate the adverse visual impact of the Towers and
Facilities.
9. Require Tower sharing and the clustering of Personal Wireless Service Facilities
where feasible.
Section III: Consistency with Federal Law.
These regulations are intended to be consistent with the Telecommunications Act of 1996
in that:
1. they do not prohibit or have the effect of prohibiting the provision of Personal
t
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Wireless Services;
**W 2. they are not intended to be used to unreasonably discriminate among providers
of functionally equivalent services; and
3. they do not regulate Personal Wireless Services on the basis of the environmental
effects of radio frequency emissions to the extent that the regulated Services and
Facilities comply with the FCC's regulations concerning such emissions.
Section IV: Amendments to Zoning Lay.
1. Definitions and Word Usage.
Section 220 of the Zoning Law of the Town of Wappinger is hereby amended by adding
the following definitions in correct alphabetical order:
Act The Telecommunications Act of 1996.
%w Adequate Coverage Coverage is considered to be "adequate" within that area
surrounding a Base Station where the predicted or measured
median field strength of the transmittal signal is greater than or
equal to -95 dbm for at least 75 % of the intended coverage area.
It is acceptable for there to be holes within the area of Adequate
Coverage where the signal is less that -95 dbm, as long as the
signal regains its strength to greater than or equal to -95 dbm
further away from the Base Station. For the limited purpose of
determining whether the use of a Repeater is necessary or
desirable, there shall be deemed not to be Adequate Coverage
within said holes. The outer boundary of the area of Adequate
Coverage, however, is that location past which the signal does not
regain a strength of greater than or equal to -95 dbm.
0,
Adequate Capacity Capacity is considered to be "adequate" if the Grade of Service is
p.02 or better based on the Erlang "B" formula for at least 50%
of the days in a preceding month, prior to the date of Application,
as measured using direct traffic measurement of the Personal
Wireless Service Facility in question, where the call blocking is
due to frequency contention at the Antenna(e).
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Antenna A device which is attached to a Tower, or other Structure, for
transmitting and receiving electromagnetic waves, including, but
not limited to, the transmitting and receiving of electromagnetic
waves in conjunction with radio and television services. For the
purpose of Section 440.32 of the Zoning Law of the Town of
Wappinger, this term shall not include antennae which are
incidental to an accessory use.
Available Space The space on a Tower or Structure to which Antennae of a
Personal Wireless Service Provider are both Structurally Able and
Electromagnetically Able to be attached and which is available for
rental to the applicant at fair market prices and terms, and on
which space and location will provide necessary coverage.
Base Station The primary sending and receiving site in a wireless
telecommunications network. More than one Base Station and/or
more than one variety of Personal Wire Service Provider can be
located on a single Tower or Structure.
Channel The segment of the radiation spectrum from an Antenna which
carries one signal. An Antenna may radiate on many Channels
simultaneously.
Communication A Structure located at a Base Station designed principally to enclose
Equipment Shelter equipment used in connection with Personal Wireless Service
transmissions.
DBM Unit of measure of the power level of an electromagnetic signal
expressed in decibels referenced to 1 milliwatt.
Electromagnetically The determination that the new signal from and to the proposed
Able new Antennae will not significantly interfere with the existing
signals from and to other Facilities located on the same Tower or
Structure as determined by a qualified telecommunications
engineer. The use of available technologies to alleviate such
interferences shall be considered when making this determination.
EMF Electromagnetic Field.
ERP Effective Radiated Power.
Facility Site A property, or any part thereof, which is owned or leased by one
or more Personal Wireless Service Providers and upon which one
or more Personal Wireless Service Facility(ies) and required
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landscaping are located.
FCC Federal Communications Commission: The Government agency
responsible for regulating telecommunications in the United States.
GHZ Gigahertz: One billion hertz.
Grade of Service A measure of the percentage of calls which are able to connect to
the Base Station during the busiest hour of the day. Grade of
Service is expressed as a number, such as p.02, which means that
98% of callers will connect on their first try. A lower number
(p.01) indicates a better grade of service.
Hertz One hertz is the frequency of an electric or magnetic field which
reverses polarity once each second, or one cycle per second.
Major Modification Any change in maximum power input or output and/or number of
of an Existiniz channels or, number of Antennae and/or change in operating
Facility frequency approved under an existing Special Permit or Site Plan.
Major Modification Any change, or proposed change, in power input or output, number
of an Existing of Antennae, change in Antenna(e) type or model, repositioning
Tower of Antenna(e), change in number of Channels per Antenna above
the maximum number approved under an existing Special Permit.
Also, any increase or proposed increase in dimensions of an
existing and permitted Tower or other Structure designed to
support Personal Wireless Service Transmission, receiving and/or
relaying Antennae and/or equipment.
MHZ Megahertz: One million hertz.
Monitoring The measurement, by the use of instruments in the field, of the
electromagnetic radiation from a site as a whole, or from
individual Personal Wireless Service Facilities, Towers, Antennae
or Repeaters.
Monitorinia Protocol An approved testing protocol as defined in the most current FCC
regulations. As of August 15, 1997, the most current practice is
referenced in FCC Regulations, Title 47, Part 1, Section 1.1307
as IEEE C95.3 1991. The SPGA may, as the technology changes,
require by written regulation the use of other testing protocols. A
copy of the Monitoring Protocol shall be on file with the Town
Clerk.
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-5-
Personal Wireless Commercial Mobile Services, unlicensed wireless services, and
Service common carrier wireless exchange access services, which services
are regulated by the Federal Communications Commission (FCC)
in accordance with and as the term "personal wireless service" is
defined in the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C), or as hereafter amended. These services include: cellular
services, personal communications services (PCS), Specialized
Mobile Radio Services, and Paging Services.
Personal Wireless Any equipment "used" in connection with the commercial operation
Service Facility of "personal wireless services facility" as defined in the
P( WSF) Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C), or as hereafter amended, to transmit and/or receive
frequencies, including, but not limited to antennae, "monopoles",
equipment, appurtenances and "structures".
Personal Wireless An entity licensed by the FCC to provide Personal Wireless
Service Provider Services.
Radiation Computer generated estimates of the radiation emanating from
Propagation Studies Antennae or Repeaters sited on a specific Tower or Structure. The
or Radial Plots height above ground and above mean sea level, power input and
output, frequency output, type of Antenna(e), Antenna(e) gain
energy dispersion characteristics, and topography of both the site
and its surrounding are all taken into account to create these
simulations. They are the primary tool for determining whether
a site will provide Adequate Coverage for the Personal Wireless
Telecommunications Service Facility proposed for that site.
Repeater A small receiver/relay transmitter of not more than 20 watts output
designed to extend service to areas which are not able to receive
Adequate Coverage directly from a Base Station, using the same
channels as the Base Station.
Special Permit The Planning Board shall be the SPGA under Section 440.32 of the
Granting Authority Zoning Law.
S( PGA)
Structure A static construction or an assembly of materials, the use or
occupancy of which requires a fixed location on the ground or
attachment to an object having a fixed location.
err
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Telecommunication An unstaffed facility in connection with the commercial operation
Facility of a "personal wireless services facility" as defined in the
Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C). Such facility usually consists of an equipment shelter, a
support structure and/or other transmission and reception devices.
Telecommunications A lattice structure framework, or monopole, that is designed to
Tower/Tower support Personal Wireless Service or other communications
system, transmission, receiving and/or relaying antennae and/or
equipment.
Teleport A facility utilizing satellite dishes of greater than 2.0 meters in
diameter designed for two-way communications with satellites, and
intended for use by multiple owners, lessees or rental customers.
2. General Regulations.
Section 410.5 of the Zoning Law of the Town of Wappinger entitled "Projecting
Features Above Roof Level" is hereby amended to read as follows:
410.5 Exceptions to "Buildiniz Heiizht"
410.5.1 Projecting Features Above Roof Level For Accessory Structures
The maximum "building height" limitations of the Zoning Law
shall not apply to church spires and belfries in any case, nor to
flagpoles, domes, silos, chimneys, ventilators, skylights, water
tanks or television antennae, or to similar incidental and accessory
features and such necessary mechanical appurtenances not "used"
for human occupancy provided that
410.5.1.1 The projecting feature shall not extend more than
twenty (20) feet above the roof.
410.5.1.2 The total area covered by such features shall not
`w
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exceed ten (10) percent of the area upon the roof
upon which they are located.
410.5.1.3 Parapets and cornices, "used" for ornamentation,
and without windows, shall not extend more than
five (5) feet above the roof.
410.5.2 Exceptions for Certain Principal "Structures" and "Uses".
The "buildin dt" limitations of this Zoning Law shall not
apply to transmission towers and cable, radio, television or
"personal wireless services facilities" when such principal
"structures" and "uses" are otherwise permitted by Section 440.32
of the Zoning Law.
3. Schedule of Use Regulations.
a. Schedule 420.1 of the Zoning Law of the Town of Wappinger, the Schedule of
Use Regulations for Residential Districts, is hereby amended by adding the
following as an "SPU" designated use to be permitted by special permit in all
residential districts:
37.1 Telecommunications Towers, Antennae and Personal Wireless
Service Facilities.
b. Schedule 420.2 of the Zoning Law of the Town of Wappinger, the Schedule of
Use Regulations for Non -Residential Districts, is hereby amended as follows:
i) Sub -section 56 will be deleted in its entirety from the category entitled
"Accessory Structures" and replaced in the category entitled "Utilities" by
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14
A
F
1011MIN
440.32.1
adding the following as an "SPU" designated use to be permitted by
special permit in all non-residential districts:
56. Telecommunications Towers, Antennae and Personal Wireless
Service Facilities.
ii) Sub -sections 57 and 58 of the category entitled "Accessory Structures"
will be amended to read as follows:
57. Accessory radio receiving/ transmitting "structures" (§410.5).
58. Accessory "satellite receiving antennae" (§410.11).
Supplementary Use Regulations.
Section 440 of the Town of Wappinger Zoning Law entitled "Individual Standards
and Requirements for Certain Special Permit Uses" is hereby amended to add a
new Section 440.32 as follows:
Regulation of Telecommunications Towers, Antennae and Personal Wireless
Service Facilities.
Locational Standards.
A. Telecommunications Towers, Antennae and Personal Wireless Service Facilities
are permitted in the following locations in order of preference:
1. Locations with existing "personal wireless service facilities" or
"telecommunication facilities" or "antennae" as these terms are defined in
the Zoning Law.
2. Parcels or rights -of -ways used exclusively for existing public utilities with
preference to existing or proposed water towers or other like structures.
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'0'
3. Locations or facilities of commercial or non-residential uses.
4. If the applicant demonstrates in presenting the documentation required in
Section 440.32.3 that none of the locations set forth in Section
440.32.1(A)(1-3) are appropriate, then in that event, the applicant may
request that telecommunications towers, antennae or personal wireless
service facilities be permitted on any appropriate parcel subject to the
conditions and criteria set forth in Section 440.32 of the Zoning Law.
B. Repeaters may be installed within the locations set forth in sub -section
440.32.1(A).
C. No Personal Wireless Service Facility, Tower, or Repeater shall be erected,
constructed, or installed or undergo Major Modification without first obtaining
a Special Permit and Site Plan Approval from the SPGA in accordance with the
requirements set forth herein.
1. One or both of two kinds of Special Permits are required:
a. a Facility/Tower Special Permit (henceforth F/TSP) for new
Facility/Tower construction (or Major Modification of an Existing
Facility);
b. a Repeater Special Permit (henceforth RSP) for Repeater(s) to be
mounted on an existing or newly permitted Tower or other
Structure (or Major Modification of an Existing Structure).
If Applicant is applying for both permits, they shall be submitted and
examined concurrently.
{
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E
440.32.2
A
440.32.3
0
AA
3
For Personal Wireless Service Facilities or Towers, a F/TSP is required.
Applicant must submit all information required in Section 440.32.3(D).
For all Repeaters proposed for installation, an RSP is required. An RSP
may be applied for by an Applicant who is currently applying for a F/TSP
under Section 440.32 of the Zoning Law, or by an Applicant who has
previously received a F/TSP under Section 440.32 of the Zoning Law, or
by an entity which is providing Personal Wireless Services to the Town
of Wappinger from a base station outside the Town. Applicant must
submit all information required in Section 440.32.3(E).
There shall be no Teleports within the Town of Wappinger.
Exemptions.
No Personal Wireless Service Facility shall be considered exempt from this
section of the Zoning Regulations for any reason, whether or not said Facility is
proposed to share a Tower or other Structure with such exempt uses.
The following Wireless Telecommunications Facilities are exempt from Section
440.32 of the Zoning Law: police, fire, ambulance and other emergency
dispatch.
Application Requirements.
Review by Independent Consultants. In all cases where the Town determined that
a review by a qualified expert of the Applicant's application is warranted, the
Applicant shall be required to pay for the cost of such review. This payment
shall be made to the Town prior to the review commencing and the decision being
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rendered on the application. The consultants will work under the direction of the
Town Planner. Copies of the consultants' findings and reports shall be made
available to the Applicant not less than seven (7) days prior to any meeting of the
SPGA to consider the consultant's report, and the Applicant shall be given the
opportunity to respond to said report in writing and at the next hearing when the
consultant's report will be considered. The consultants shall each be qualified
professionals in one of the following fields:
1. electrical engineering;
2. structural engineering;
3. monitoring of electromagnetic fields; and
4. others as determined necessary by the SPGA.
B. Identification of Carrier. The proposed carrier shall be identified as the
Applicant.
C. Adequate Coverage Adequate Capacity and Justification of Need for F/TSP.
1. Applicant shall provide written documentation of any Facility Site(s) in the
Town of Wappinger, any sites in abutting Towns, and/or any Facility
Site(s) outside the Town of Wappinger that are within five (5) miles of the
proposed Site in which the Applicant has a legal or equitable interest,
whether by ownership, leasehold or otherwise. For each such Facility
Site, Applicant shall demonstrate with written documentation that this
Facility Site is not already providing, or does not have the potential by
adjusting the Site, to provide Adequate Coverage and/or Adequate
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Capacity to the Town of Wappinger. The documentation for each Facility
Site listed shall include:
a. the exact Tower location (in longitude and latitude, to degrees,
minutes and seconds);
b. ground elevation above mean sea level at the Tower location;
C. height of Tower or Structure;
d. type, manufacturer and model number of Antenna(e);
e. Antenna(e) gain;
f. height of Antenna(e) centerline on Tower or Structure;
g. output frequency;
h. number of channels;
i. power input; and
�*W j. maximum ERP per channel.
Potential adjustments to these existing Facility Sites, including changes in
Antenna(e) type, orientation, gain, height or power output, shall be
specified. Radial Plots from each of these Facility Sites as they exist and
with adjustments as above shall be provided as part of the Application.
2. Applicant shall demonstrate with written documentation that they have
examined all existing Facility Sites in the Town of Wappinger, any Sites
in abutting Towns, and any Sites outside the Town of Wappinger that are
within five (5) miles of the proposed Site in which Applicant has no legal
or equitable interest, whether by ownership, leasehold or otherwise, to
determine whether those existing Facility Sites can be used to provide
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Adequate Coverage and/or Adequate Capacity to the Town of Wappinger.
The documentation for each existing Facility Site examined shall include:
a. the exact Tower location (in longitude and latitude, to degrees,
minutes and seconds);
b. ground elevation above mean sea level at the Tower location;
C. height of Tower or Structure;
d. type, manufacturer and model number of proposed Antenna(e);
e. proposed Antenna(e) gain;
f. height of proposed Antenna(e) centerline on Tower or Structure;
g. proposed output frequency;
h. proposed number of channels;
i. proposed power input; and
j . proposed maximum ERP per channel.
Radial Plots from each of these existing Facility Sites, configured as
documented above, shall be provided as part of the Application. In
addition, the Applicant shall provide a list of all Sites within a one -mile
radius of the proposed location that have been considered as Alternative
Sites.
3. Distance from Existing Tower. The Applicant must certify that existing
Towers within 1000 feet of the proposed new Tower do not meet the
Applicant's structural specifications or technical requirements, or that a
collocation agreement could not be obtained at reasonable terms and
conditions, including price.
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4. The Applicant shall demonstrate with written documentation that it has
analyzed the feasibility of Repeaters or non -Tower mounted PWSFs in
conjunction with all Towers listed in compliance with sub -sections
440.32.3(C)(1) & (2) above to provide Adequate Coverage and/or
Adequate Capacity to the Town of Wappinger. Radial Plots of all
Repeaters considered for use in conjunction with these Towers shall also
be provided as part of the application.
D. Required Documentation for F/TSP.
1. Copies of all submittals and showings pertaining to: FCC licensing;
Tower registration; Environmental Impact Statements; FAA Notice of
Construction or Alteration; Aeronautical Studies; and, all data,
assumptions and calculations relating to service coverage and power
density levels regardless of whether categorical exemption from Routine
Environmental Evaluation under the FCC rules is claimed.
2. The exact legal name, address or principal place of business and the phone
number of the Applicant. If any Applicant is not a natural person,
documentation shall also give the state under which Applicant was created
or organized.
3. The name, title, address and phone number of the person to whom
correspondence or communications in regard to the application are to be
sent. Notice, orders and other papers may be served upon the person so
named, and such service shall be deemed to be service upon the
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Applicant.
4. Name, address, phone number and written consent to apply for this
permit, of the owner of the property on which the proposed Personal
Wireless Service Facility and/or Tower shall be located, or of the
owner(s) of the Tower or Structure upon which the proposed Personal
Wireless Service Facility shall be located.
5. Required Plans and engineering plans prepared, stamped and signed by a
Professional Engineer licensed to practice in the State of New York'.
Plans shall be on 24" x 36" sheets, on as many sheets as necessary, and
at scales which are no smaller (i.e., no less precise) than listed below in
sub -section 440.32.3(D)(6)(a-g). Each plan sheet shall have a title block
indicating the project title, sheet title, sheet number, date, revision dates,
scale(s), and original seal and signature of the P.E. and other
professionals who prepared the plan.
6. Applicant shall, as part of its application, provide the SPGA with the
following plans and maps:
a. Location Map: Copy of a portion of the most recent U.S.G.S.
Quadrangle Map, 7.5 Minute Series, at a scale of 1:24,000, and
showing the area within at least two (2) miles from the proposed
Tower Site. Indicate the Tower location and the exact latitude and
' Note: Survey plans shall also be stamped and signed by a Professional Land Surveyor registered in the State
of New York.
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e
longitude (degrees, minutes and seconds).
b. Vicinity Map at a scale of 1" = 200' with contour intervals no
greater than 10 feet showing the entire vicinity within a 1,000'
radius of the property lines within which the Tower Site is located,
including topography, public and private roads, buildings, bodies
of water, wetlands, historic sites and habitats for endangered
species. Indicate any access easement(s) or right(s) of way needed
for access from a public way to the Tower, and the names of all
abutters or property owners along the access easement(s) or who
have deeded rights to the easement(s).
C. Existing Conditions Plan: A recent survey of the Tower Site at a
scale no smaller than 1" = 40' with topography drawn with a
minimum of 5' contour intervals, showing existing utilities,
property lines, existing buildings or Structures, stone walls or
fence lines, and wooded areas within a 200' radius from the base
of the proposed Tower. Show the boundary of any wetlands,
floodplains or watercourses within 200' from the Tower or any
related Facilities, access ways or appurtenances. The survey plan
must have been completed on the ground by a licensed land
surveyor within two (2) years prior to the application date.
d. Proposed Site Plans: Proposed Site layout, grading and utilities at
the same scale or larger than the existing Conditions Plan.
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i) Proposed Tower location and any appurtenances, including
supports and guy wires if any, and any accessory building
(Communication Equipment Shelter or other). Indicate
property boundaries and setback distances to the base(s) of
the Tower and to the nearest corners of each of the
appurtenant Structures.
ii) Indicate proposed spot elevations at the base of the
proposed Tower and at the base of any guy wires and the
corners of all appurtenant Structures.
iii) Proposed utilities, including distance from source of power,
sizes of service available and required, locations of any
%, proposed utility or communication lines, and whether such
lines are underground or above around.
iv) Limits of areas where vegetation is to be cleared or altered
and justification for any such clearing or alterations.
V) Any direct or indirect wetlands alteration proposed.
vi) Detailed plans for drainage of surface and/or sub -surface
water, plans to control erosion and sedimentation both
during construction and as a permanent measure.
vii) Plans indicating locations and specifics of proposed
screening, landscaping, ground cover, fencing, and any
exterior lighting or signs.
*4r
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viii) Plans of proposed access driveway or roadway and parking
%W area at the Tower Site. Include grading, drainage, traveled
width, and a cross section of the access drive indicating the
width, depth of gravel, paving or surface materials.
e. Proposed Tower and Appurtenances
i) Plans, elevations and sections details at appropriate scales,
but no smaller than I" = 10'.
Two (2) cross sections through the proposed Tower drawn
at right angles to each other, showing the ground profile to
at least 100 feet beyond the limit of clearing and any guy
wires or supports. Show the dimension of the proposed
height of the Tower above average grade at the Tower
base. Show all proposed Antennae, including their location
on the Tower.
iii) Typical detail of Tower foundation, including cross
sections and details. Show all ground attachments and
specifications for anchor bolts and other anchoring
hardware.
iv) Detail proposed exterior construction or finish of the Tower
in accordance with Section 440.32.4(J).
V) Indicate the relative height of the Tower to the tops of
surrounding trees as they presently exist.
1%r
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vi) Illustration of the modular structure of the proposed Tower,
�4w indicating the heights of sections which could be removed
or added in the future to adapt to changing communications
conditions or demands, and the maximum structurally
allowable height of the proposed Tower.
vii) A structural Professional Engineer's written description of
the proposed Tower and Structure and its capacity to
support additional Antennae or other Communications
Facilities at different heights and the ability of the Tower
to be shortened if future Communications Facilities no
longer require the original height, and that the Tower is
designed to withstand winds in accordance with the
ANSI/EIA/TIA 222 standards (latest revision).
viii) A description of available space on the Tower, providing
illustrations and examples of the type and number of
Personal Wireless Service Facilities which could be
mounted on the Structure.
f. Proposed Communications Equipment Shelter.
i) Floor plans, elevations and cross sections at a scale of no
smaller than 1/4" = 1' of any proposed appurtenant
Structure.
ii) Representative elevation views indicating the roof, facades,
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doors and other exterior appearance and materials.
g. Proposed Equipment Plan.
i) Plans, elevations, sections and details at appropriate scales
but no smaller than 1 " = 10'.
Number of Antennae and Repeaters (if any), as well as the
exact locations of all Repeaters (if any) located on a map
as well as by degrees, minutes and seconds of latitude and
longitude.
iii) Mounting locations on Tower or Structure, including height
above ground.
iv) Antenna(e) types, manufacturer(s) and model number(s).
V) For each Antenna, the Antenna gain and the Antenna
radiation pattern.
vi) Number of channels per Antenna, projected and maximum.
vii) Power input to the Antenna(e).
viii) ERP in normal use and at maximum output for each
Antenna and all Antennae as an aggregate.
ix) Output frequency(ies) of the Transmitter(s).
h. Visual Impact Analysis.
i) A minimum of eight (8) view lines in a zero (0) to two (2)
mile radius from the Site, shown beginning at True North
and continuing clockwise at forty-five degree intervals.
164r.
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14
A plan map of a circle two (2) miles in radius of the
Facility Site on which any visibility of the proposed Tower
from a public way shall be indicated.
iii) Applicant shall utilize the U.S.G.S. Quadrangle Map, at a
scale of 1:25,000, and submit profile drawings on a
horizontal scale of I" = 400', with a vertical scale of 1 "
= 40'. Trees shall be shown at existing heights and at
projected heights in ten (10) years.
i. Balloon Test.
Within thirty-five (35) days of submitting an application, Applicant
shall arrange to fly or raise upon a temporary mast, a three foot
diameter brightly colored balloon at the maximum height of the
proposed Tower. The dates (including a second date in case of
poor visibility on the initial date), times and location of this
Balloon Test shall be advertised by the Applicant at 7 and 14 days
in advance of the first test date in a newspaper with a general
circulation in the Town of Wappinger. The Applicant shall inform
the SPGA in writing of the dates and times of the test at least 14
days in advance. The balloon shall be flown for at least four (4)
consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of
the dates chosen.
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E. Application Requirements for RSP. The use of Repeaters to assure Adequate
Coverage or to fill holes within areas of otherwise Adequate Coverage while
minimizing the number of required Towers is permitted and encouraged. An
Applicant who is currently applying for an RSP under Section 440.32 of the
Zoning Law or who has received and is in compliance with a current F/TSP
under Section 440.32 of the Zoning Law or an entity which is providing Personal
Wireless Services to the Town of Wappinger from a base station outside the
Town may apply for an RSP. Applicants shall provide the following information:
1. a. The exact location in longitude and latitude, to degrees, minutes
and seconds, as well as by street address or Pole number (if
applicable);
b. around elevation;
C. type, manufacturer and model number of proposed Repeater;
d. height of proposed Repeater above ground;
e. proposed output frequency;
f. proposed number of channels;
g. proposed power input; and
h. proposed maximum power output per channel.
Radial Plots from any proposed Repeater(s) configured as documented
above shall be provided as part of the Application.
2. Name, address, phone number and written consent to apply for this permit
of the owner of the property on which the proposed Repeater shall be
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located and of the owner(s) of the Tower or Structure on which the
proposed Repeater shall be located.
3'. Proposed Repeater Site layout, grading and utilities at a scale no smaller
than 1" = 40' (1:480 or metric equivalent 1:500) showing the entire
vicinity within a 300' radius of the Repeater site with topography drawn
with a minimum of 2' (0.6 meter) contour interval.
a. Proposed Repeater location and any appurtenances, if any, and any
accessory building (Communication Equipment Shelter or other).
Indicate property boundaries of abutters within 300' of the
Repeater and dimensions of all proposed improvements.
b. Limits of areas where vegetation is to be cleared or altered, and
r justification for any such clearing or alteration.
�%r
C. Plans of any proposed access driveway or roadway and parking
area at the Repeater Site. Include grading, drainage, traveled
width, and a cross section of the access drive indicating the width,
depth of gravel, paving or surface materials.
440.32.4 General Requirements for F/TSP(s).
A. The Applicant shall provide a written, irrevocable commitment valid for the -
duration of the existence of the Tower, to the extent structurally and
electromagnetically able, to rent or lease available space for co -location on the
Tower at fair -market prices and terms, without discrimination to other Personal
Wireless Service Providers.
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B. A Special Permit shall not be granted for a Tower to be built on speculation. If
Applicant is not simultaneously installing a Personal Wireless Service Facility on
the Tower, it shall provide a copy of its existing lease/contract with a Personal
Wireless Service Provider. Said Provider shall provide all necessary data to
comply with the terms of Section 440.32 of the Zoning Law as a part of
Applicant's application for an F/TSP, or the Special Permit shall not be granted.
C. Non -tower mounted PWSFs (Structure or Rooftop Mounted Personal Wireless
Service Facilities)
Structure or rooftop mounted Personal Wireless Service Facilities shall meet the
following requirements:
1. They shall not be attached to a one -family to four -family dwelling nor to
an accessory building located on a lot containing a one -family to four -
family dwelling;
2. They shall be of a color or material that matches the exterior of the
building or structure;
3. If roof mounted, they shall not exceed a height of fifteen (15) feet above
the highest part of the structure or building; and
4. If facade mounted:
a. They shall not project more than two (2) feet beyond the wall or
facade of the building; and
b. They shall not project more than five (5) feet above the cornice
line.
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D. Siting Objectives:
1. Towers and Personal Wireless Service Facilities shall be located so as to
minimize the following potential impacts:
a. Visual/Aesthetic: Towers shall, when possible, be sited where
their visual impact is least detrimental to highly rated scenic and
historic areas, including ridge lines, properties listed in the State
or Federal Register of Historic Places, and scenic roadways.
b. Diminution of residential property values: To the extent possible,
siting shall be in as low population density areas as possible.
C. Safety: In cases of structural failure and attractive nuisance,
Towers shall, when possible, not be sited in Flood Plain Zones or
err Special Flood Hazard Areas.
d. Safety from excessive electromagnetic radiation : In case the
Tower or Personal Wireless Service Facility is found to exceed the
FCC guidelines.
e. Environmental Degradation: Towers shall, when possible, be sited
to avoid affecting rare or endangered flora and fauna. They
should also be sited, when possible, away from wetland areas.
f. If the Facility or Tower Site is in a wooded area, a vegetated
buffer strip of undisturbed trees of at least 100' in depth (or less
if determined by the SPGA to be sufficient) shall be retained as
close to the Tower as possible, but in all cases there shall be no
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clearing at a distance in excess of 25 feet in radius from the base
�4w of the Tower, except where the access drive is located.
2.' The following locations are ranked in order of preference:
a. Placement in existing structures such as buildings, smokestacks,
water towers, silos and ground signs shall be encouraged.
b. Shared use of existing Towers shall be encouraged.
C. Clustering of Towers: Applications for Towers adjacent to
existing Towers shall be encouraged.
d. The use of land distant from higher density residential properties
and where visual impact can be minimized shall be encouraged.
e. The use of lands in areas of high density residential properties is
the least preferable selection.
3. No Tower or Personal Wireless Service Facility, with the exception of
Repeaters, shall be located:
a. Closer than 1500' on a horizontal plane to any structure existing
at the time of application which is, or is able to be, occupied or
habitable, on the property of any school (both public and private).
b. Closer than 750' on a horizontal plane to an existing Dwelling
Unit, or day-care center, hospital, nursing home, church,
synagogue or other place of worship.
E. Fencing: The area around the Tower and Communication Equipment Shelter(s)
shall be completely fenced and gated for security within an area no greater than
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25 feet in radius from the base of the Tower and to a height of six (6) feet. Use
of razor wire is not permitted.
F. Signs: There shall be no signs, except the following: A sign of no greater than
two (2) square feet indicating the name of the Personal Wireless Service Facility's
owner(s), a graphic design indicating that radio waves are being emitted from the
area as described in FCC OET Bulletin #65 "Evaluating Compliance with FCC -
Specified Guidelines for Human Exposure to Radio Frequency Radiation", (or
other most current FCC Bulletin), and a 24 hour emergency telephone number
shall be posted adjacent to the entry gate. In addition, "No Trespassing" or other
warning signs may be posted on the fence.
G. Communication Equipment Shelters and Accessory Buildings shall be designed
to be architecturally similar and compatible with each other, and shall be no more
than 12 feet high. The buildings shall be used only for the housing of equipment
related to this particular site. Whenever possible, the buildings should be joined
or clustered so as to appear as one building.
H. New Towers shall not exceed the minimum height necessary to provide Adequate
Coverage for the Personal Wireless Service Facilities proposed for use on the
Tower. Applicant may submit a request for additional height to accommodate
future sharing, and shall provide design information to justify such additional
height.
I. Unless otherwise modified by the SPGA after consideration of the location
preferences set forth in Section 440.32.1(A) and other criteria set forth in Section
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440.32 of the Zoning Law, Towers shall be located at least one and one half
times their maximum structural height within the outer boundary of the Site on
which the Tower is located.
J. Tower Finish: Visual mitigation will be provided based on appropriate
modelling, photography and other pertinent analytical techniques as required by
the SPGA, including, but not limited to, architectural treatment, alternative
construction, and structural and transmission technology such as antennae attached
or disguised as trees or other features.
K. To the extent feasible, all network interconnections to and from the
telecommunications Site and all power to the Site shall be installed underground.
At the initial construction of the access road to the site, sufficient conduit shall
be laid to accommodate the maximum possible number of Personal Wireless
Service Providers licensed to provide services to the Town of Wappinger and
surrounding areas.
L. If primary coverage (greater than 50%) from proposed Personal Wireless Service
Facility is outside the Town of Wappinger, then the permit may be denied unless
the Applicant demonstrates to the satisfaction of the SPGA that the Applicant is
unable to locate within the Town which is primarily receiving service from the
proposed Facility.
M. Unless required by the Federal Aviation Administration, no night lighting of
Towers or the Personal Wireless Service Facility is permitted, except for
manually operated emergency lights for use only when operating personnel are
o:\common\wappinger\locallaw\laws\celltow. fin -29-
on Site.
N. No Tower or Personal Wireless Service Facility that would be classified as an
obstruction or hazard to air navigation, as defined by the Federal Aviation
regulations (Title 14 CFR) is permitted.
O. Commercial advertising shall not be allowed on any Antenna, Tower, Accessory
Building or Communication Equipment Shelter.
P. The SPGA shall request input from the Chiefs (or their designees) of Fire, Police
and other Emergency services regarding the adequacy for emergency access of
the planned drive or roadway to the site.
440.32.5 General Requirements for RSP(s)
A. No Repeater shall be located closer than 50' to an existing Dwelling Unit, nor
less than 25' above ground.
B. The SPGA may require the use of screening, painting or camouflage to reduce
the visual impacts of the Repeaters.
C. Repeaters shall be located so as to have the least possible impact on the views of
the residents of the Town of Wappinger.
440.32.6 Approval Criteria.
A. In acting on the Special Permit Application, the SPGA shall proceed in
accordance with the procedures and time lines established for Special Permits.
B. In addition to the findings required by Section 430.5 of the Town of Wappinger
Zoning Law, the SPGA shall, in consultation with the Special Consultant(s),
make all of the applicable findings before granting the Special Permit, as follows:
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I . That Applicant is proposing to locate its Personal Wireless Service Facility
or Tower within a permitted location; and
2. ' That the Applicant is not already providing Adequate Coverage to the
subject area; and
3. That the Applicant is not able to use Existing Towers/Facility Sites to
provide Adequate Coverage; and
4. That the Applicant has agreed to rent or lease available space on the
Tower under the terms of a fair -market lease, without discrimination to
other Personal Wireless Service Providers; and
5. That the proposed Tower will not have an undue adverse impact on
historic resources, scenic views, residential property values and/or natural
or man-made resources; and
6. That the Applicant has agreed to implement all reasonable measures to
mitigate the potential adverse impacts of the Facilities; and
7. That the proposal shall comply with the most current FCC regulations
regarding emissions of electromagnetic radiation as currently found in
FCC Regulations, Title 47, Part 1, Section 1.1307 and all other relevant
sections.
C. Any decision by the SPGA to deny an Application for a Special Permit under
Section 440.32 of the Zoning Law shall be in conformance with SEC.332 [47
U.S.C.332](7)(B)(ii),(iii) of the Act in that it shall be in writing and supported
by substantial evidence contained in a written record.
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440.32.7 Monitoriniz and Evaluation of Compliance.
A. Compliance Certification: Prior to the activation of a new or modified PWSF,
the owner(s) of the facility will certify to the SPGA, the Town Engineer and the
Building Inspector that the PWSF is in compliance with the most current FCC
regulations regarding emissions of electromagnetic radiation as currently found
in FCC regulations, Title 47, Part 1, Section 1.1307 and all other relevant
sections. Certification shall include site specific calculations showing expected
worst case power density levels at the closest publicly accessible point to the
PWSF, using the methodology described in FCC OET Bulletin #65 "Evaluating
Compliance with FCC -Specified Guidelines for Human Exposure to Radio
Frequency Radiation", (or other most current FCC Bulletin).
At least once every twelve (12) months, starting from the date of activation, a
follow up report of the certifying compliance (as described above) shall be
submitted to the SPGA, the Building Inspector and the Town Engineer.
B. Excessive Emissions:
1. It shall be a condition of any Special Permit granted under Section 440.32
of the Zoning Law that, if the Town deems it necessary to determine the
Tower and Facility's or Repeater's radio frequency emissions and their
compliance with FCC regulations, the owner(s) of the Facility or Repeater
site shall pay for an independent consultant hired by the Town to monitor
the levels of EMF radiation around the proposed Facility and/or Repeater
site. The independent consultant shall use the Monitoring Protocol. A
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report of the Monitoring Results shall be prepared by the independent
consultant and submitted to the SPGA, the Town Engineer, the Building
Inspector and the Town Clerk.
2. Should this independent monitoring of a Facility or Repeater Site by a
licensed independent consultant reveal that the Site exceeds the most
recent FCC regulations regarding emissions of electromagnetic radiation,
currently found in FCC Regulations, Title 47, Part 1, Section 1.1307 and
all other applicable relevant sections, then the owner(s) of all Facilities
utilizing that Site shall be so notified. The owner(s) shall submit to the
SPGA and the Building Inspector a plan for the reduction of emissions to
a level that complies with the FCC standard within ten (10) business days
of notification of non-compliance. That plan shall reduce emissions to the
applicable FCC standard within 15 days of initial notification of non-
compliance. Failure to accomplish this reduction of emission within 15
business days of initial notification of non-compliance shall be a violation
of the Special Permit and subject to penalties and fines as determined by
the SPGA. Such fines shall be payable by the owner(s) of the Personal
Wireless Service Facilities with Antennae on the Facility Site until
compliance is achieved.
C. Structural Inspection: It shall be a condition of the Special Permit that Tower
owner(s) shall pay for an Independent Consultant (a licensed professional
structural engineer) hired by the Town to conduct inspections of the Tower's
o:\common\wappinger\locallaw\laws\celitow.fin -33-
e
structural integrity and safety. Towers shall be inspected every five years. A
report of the inspection shall be prepared by the Independent Consultant and
submitted to the SPGA, the Town Engineer, the Building Inspector, and the Town
Clerk. Any Major Modification of Existing Facility which includes changes to
Tower dimensions or Antenna numbers or type shall require new structural
inspection.
D. Unsafe Structure:
1. Should the inspection of any Tower reveal any structural defect(s) which,
in the opinion of the Independent Consultant render(s) that Tower unsafe,
the following actions must be taken:
a. Within ten (10) business days of notification of unsafe structure,
the owner(s) of the Tower shall submit a plan to remediate the
structural defect(s) .
b. This plan shall be initiated within ten (10) days of the submission
of the remediation plan and completed as soon as reasonably
possible.
2. Failure to accomplish this remediation of structural defect(s) within ten
(10) business days of initial notification shall be a violation of the Special
Permit and subject to fines and penalties as determined by the SPGA.
Such fines shall be payable by the owner(s) of the Tower until compliance
is achieved.
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440.32.8 Removal Requirements.
A. Any Personal Wireless Service Facility or Repeater which ceases to operate for
a period of one (1) year shall be removed. "Cease to operate" is defined as not
performing the normal functions associated with the Personal Wireless Service
Facility or Repeater and its equipment on a continuous and ongoing basis for a
period of one (1) year. At the time of removal, the Facility or Repeater Site shall
be remediated such that all Personal Wireless Service Facility or Repeater
improvements which have ceased to operate are removed. If all Facilities on a
Tower have ceased to operate, the Tower shall also be removed, and the Facility
or Repeater Site, including any access road(s) which lead to that Facility or
Repeater Site from the main access road, shall be revegetated. If all Facility or
Repeater Sites have ceased to operate, the owner(s) of the last Personal Wireless
Service Facility or Repeater to leave the Site shall revegetate the access road(s)
in its/their entirety. Existing trees shall only be removed with the written
permission of the SPGA, and only if the SPGA determines such removal of trees
to be necessary to complete the required removal of Personal Wireless Service
Facility(ies) or Repeater(s).
440.32.9 Fees and Insurance.
A. Towers, Personal Wireless Service Facilities and Repeaters shall be insured by
the owner(s) against damage to persons or property. The owner(s) shall provide
a Certificate of Insurance to the SPGA on an annual basis. For Towers, Facilities
and Repeaters located on property owned by the Town of Wappinger, the Town
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of Wappinger shall be an additional named insured.
B. A schedule of fees for Personal Wireless Service Facilities, Towers and Repeaters
permits, renewals, any Monitoring of emissions and inspection of Structures and
any other fees shall be established by the SPGA. This schedule may be amended
from time to time.
440.32.10 Permit Expiration and Renewal.
Any Special Permit granted under this action shall lapse if the Applicant fails to
begin construction on the Facility, Tower and/or Repeater within a one (1) year
period of said grant.
Section V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
fir, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent that this ordinance would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part thereof is
held inapplicable had been specifically exempt therefrom.
Section VI: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this law are intended
to supersede any inconsistent provision of State or Local Law, and the provisions of the Town
o:\common\wappingeAlocallawMaws\ceiltow.Fiin -36-
14
of Wappinger Zoning Law or any other Local Law which are inconsistent therewith.
Section VII: Effective Date.
This Local Law shall take effect immediately upon adoption and filing as provided by
the Municipal Home Rule Law.
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