LL 11 Telecommunication Towers Local law Flung NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this farm to file a local law with the Secretary of State.)
s
Text of Iaw should be given as amended. Do not include matter being eliminated and do not
use italics-or underlining to indicate new matter.
=�7 -QUEENSBURY
Town of .......................
XKXXXX
Local Law No. 11•,
...........................................:........ of the .year 19 97
....
A local law -.TO AMEND CHAPTER 179 OF THE CODE OF THE TOWN OF QUEENSBURY TO ADD A NEW
.
.......................__......._.
(Insert Title .......
) SECTION 179-73. 1 ENTITLEIS" TELEL'QN1�It�NC:4TiE3N TE�WES
Be it enacted by the TOWN BOARD
(Name of Legislative Body)
.......................................of the -
Town of .......................•-.....
QUEENSBURY
................................................................_..................................................as follows:
SECTION 1. The Code of the Town of Queensbury is hereby amended by adding thereto
a new Section 179-73.1 to be known as"Telecommunications Towers" to read as follows:
A. Enabling Authority.
The Planning Board is hereby authorized to review and approve, approve with
modifications or-disapprove site plans consistent with Town Law §274-a and §274-b
which concern the placement and operation of telecommunication towers.
B. Definitions. .
Chapter 179, §179-7 of the Code of the Town of Queensbury, entitled "Definitions
and Word Usage," is hereby amended to add the following two definitions as follows:
Telecommunication Tower: A structure on which transmitting and/or receiving
antenna are located.
Antenna: A system of electrical conductors that transmit or receive radio
frequency waves. Such waves shall include but not be limited to radio navigation, radio,
television, wireless and microwave communications. The frequency of these waves
generally range from 10 hertz to 300,000 megahertz.
C. Purpose.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(t}
Dos-239 (Rev. 7/90)
The purpose of this Local Law and supplemental regulations is to promote the
health, safety and general welfare of the residents of the Town of Queensbury, to provide
standards for the safe provision of telecommunications consistent with applicable Federal
and State regulations and to protect the natural features and aesthetic character of the
Town of Queensbury.
These regulations are not intended to prohibit or have the effect of prohibiting the
provision of personal wireless services nor shall they be used to unreasonably discriminate
among providers of functionally equivalent services consistent with current federal
regulations.
D. Designated Areas.
Placement of telecommunications towers is restricted to certain areas within the
Town of Queensbury. These areas are as follows: In any Light Industrial and Heavy
Industrial Zone and on any property where towers or tall structures (structures over 50' in
height) exist.
E. Application of Regulations:
1. No transmission tower shall hereafter be used, erected, moved, reconstructed,
changed or altered except after issuance of a zoning permit as per §179-
105A(3) and demonstration of conformity with these regulations. No existing
structure shall be modified to serve as a transmission tower unless in
conformity with these regulations.
2. These regulations shall apply to all property described in §179-73.1 and
indicated on the Town Zoning Map.
3. Exceptions to these regulations are limited to (i) new uses which are accessory
to residential uses and (ii) lawful or approved uses existing prior to the
effective date of these regulations.
4. Where these regulations conflict with other laws and regulations of the Town
of Queensbury, the more restrictive shall apply, except for tower height
restrictions which are governed by these standards.
F. Site Plan Review.
1. Site Plan - In addition to the requirements of Article V of Section 179 the
following shall apply:
a. General Requirements: All site plan applications shall show all existing
and proposed structures and improvements including roads and shall
include grading plans for new facilities and roads. The site plan shall
also include documentation of the proposed intent and capacity of use
as well as a justification for the height of any tower or antenna and
justification for any land or vegetation clearing required.
( 2 )
b. Visual Impact Assessment: All site plan applications, whether
involving shared use of an existing tower or construction of a new
tower, shall include visual impact assessment. This assessment shall
include:
i. Pictorial representations of "before and after" views from key
viewpoints both inside and outside of the Town, including but
not limited to state highways and other major roads and state
and local parks.
ii. Assessment of alternative facility/structure designs and color
schemes.
iii. Assessment of visual impact of the facility/structure, accessory
buildings and overhead utility lines from abutting properties and
streets.
iv. A completed Visual Environmental Assessment Form (Visual
EAF).
c. Landscaping Plan: All site plan applications shall include a plan
illustrating size, type, placement and quantity of existing vegetation to
remain as well as vegetation to be added. The final landscaping plan
will become part of the approved site plan. All new plantings shall be
planted by a date specified by the Planning Board.
Existing on-site vegetation shall be preserved to the maximum extent
possible and no cutting of trees exceeding four (4) inches in diameter
(measured at a height of four (4) feet off the ground) shall take place prior
to Site Plan approval. Clearcutting of all trees in a single contiguous area
exceeding 20,000 square feet shall be prohibited.
The landscaping plan shall include deciduous or evergreen tree
plantings which may be required to screen portions of the tower from
nearby residential property as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property, including streets at least one row of native evergreen shrubs or
trees capable of forming a continuous hedge at least ten 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 in these cases shall include the height of any berm.
2. The applicant shall be required to pay any fees or costs incurred by the
Planning Board for legal, engineering and/or technical review provided that the
fees or costs reflect the actual costs to the Planning Board. This fee shall not
exceed one thousand dollars ($1,000) without the consent of the applicant.
( 3 )
G. Standards for Placement.
New or modified antenna or telecommunication towers shall be placed according
to the following priority: first, shared use of existing tower or placement of antenna or
other telecommunication equipment in or on an existing tall structure located on a lot
within the areas listed in `179-73.1B; second, where a telecommunication tower already
exists; third, placement of a new tower on a lot within the areas listed in §179-73.1 C.
Where shared towers are not proposed, the applicant must provide documentation of the
inability to utilize an existing tower or structure.
1. Shared Use of Existing Towers or Tall Structures. At all times, shared use of
existing tall structures (for example, municipal water towers, multi-story
buildings) and existing or approved towers, shall be preferred to the
construction of new towers. An applicant proposing to share use of an existing
tower or other tall structure shall be required to submit:
a. A complete site plan review application.
b. Documentation of intent from the owner of the existing facility to allow
shared use.
c. An engineer's report certifying that the proposed shared use will not
diminish the structural integrity and safety of the existing tall structure
and explaining what modifications, if any, will be required in order to
certify to the above.
d. A copy of the Federal Communications Commission (FCC) license for
operation of the new equipment.
2. New Telecommunication Towers on Lots Already Containing a Tower.
Construction of new telecommunication towers on a lot already containing a
tower shall be given second priority to sharing existing towers or other tall
structures (see §179-73.1F). The Planning Board may consider a new
telecommunication tower when:
a. The applicant documents that shared use of an existing tower is not
practical.
i. The applicant shall submit a report locating and inventorying all
existing tall structures and existing or approved towers within a
reasonable distance of the proposed site. This distance shall be
determined by the Planning Board in consultation with the
applicant.
ii. The applicant shall document good faith efforts to secure shared
use from the owner of each existing tall structure or approved
tower. Such documentation shall consist of the physical,
technical and/or financial reasons why shared usage is not
( 4 )
practical in each case. Written requests and expenses for shared
use shall be provided.
b. The applicant submits a copy of the Federal Communications
Commission (FCC) license for operation of the new equipment.
3. New Telecommunication Towers on Lots Not Already Containing a Tower.
Construction of new telecommunication towers on a lot not already containing
a tower, shall be given third priority to sharing existing towers or other tall
structures or constructing a tower on a lot already containing a tower (see
§179-73.1F). The Planning Board may consider a new telecommunications
tower when:
a. The applicant documents that shared use of an existing tower or other
tall structures or locating a tower on a lot already having a tower is not
practical.
i. The applicant shall submit a report locating and inventorying all
existing tall structures and existing or approved towers within a
reasonable distance of the proposed site. This distance shall be
determined by the Planning Board in consultation with the
applicant.
ii. The applicant shall document good faith efforts to secure shared
use from the owner of each existing tall structure or approved
tower or lot already containing a tower. Such documentation
shall consist of the physical, technical and/or financial reasons
why shared usage or location on a lot already containing a
tower is not practical in each case. Written requests and
expenses from each owner shall be provided.
b. The applicant submits a copy of the Federal Communications
Commission (FCC) license for operation of the new equipment.
H. Setbacks.
Towers and antenna shall comply with all existing setbacks within the affected
zone. Additional setbacks may be required by the Planning Board to contain on-site
substantially all ice-fall or debris from tower failure and/or to preserve privacy of adjoining
residential and public property. Setbacks shall apply to all tower parts including guy wire
anchors and to any accessory facilities.
L Access and Parking.
A road and parking shall be provided to assure adequate emergency and services
access. Maximum use of existing roads, public or private, shall be made. Road
( 5 )
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 ten feet beyond the edge of any
pavement. Road grades shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential.
J. New Tower Design.
Alternative designs shall be considered for all new towers, including lattice and
single pole structures. The design of all proposed new towers shall comply with the
following:
1. Any new tower shall be designed to accommodate future shared use by other
telecommunications providers.
2. The maximum height of any new tower shall not exceed that which is necessary to
provide service.
3. The Board may request a review of the application by a qualified engineer in order
to evaluate the need for and the design of any new tower.
4. Accessory structures shall maximize the use of building materials, colors and
textures designed to blend with the natural surroundings.
5. No portion of any tower or accessory structure shall be used for a sign or other
advertising purpose, including but not limited to, company name, phone numbers,
banners and streamers.
6. Towers shall not be artificially lighted except to assure human safety as required by
the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or
painted gray above the surrounding treeline and painted gray, green, black or
similar colors designed to blend into the natural surroundings below the
surrounding treeline unless other standards are required by the FAA. Towers
should be designed and sited so as to avoid, whenever possible, application of
FAA lighting and painting requirements.
7. All towers and accessory facilities shall be sited to have the least practical adverse
visual effect on the environment.
K. Authority to Impose Conditions.
The Planning Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the proposed telecommunication
tower site plan.
L. Removal Upon Abandonment.
The applicant shall submit to the Planning Board a letter of intent committing the
tower owner and his/her successors in interest, to notify the Zoning Administrator within
thirty (30) days of the discontinuance of use of the tower. This letter shall be filed with
the Zoning Administrator prior to issuance of a building permit (assuming the
telecommunication tower is approved according to this section). Obsolete or unused
towers and accessory structures shall be removed from any site within four (4) months of
( 6 )
such notification. Failure to notify and/or to remove the obsolete or unused tower in
accordance with these regulations shall be a violation of this chapter and shall be
punishable according to Article XV.
M. Intermunicipal Notification for New Towers.
In order to keep neighboring municipalities informed, and to facilitate the
possibility of directing that an existing tall structure or existing telecommunications tower
in a neighboring municipality be considered for shared use and to assist in the continued
development of County 911 Services, the Board shall require that:
1. An applicant who proposes a new telecommunication tower shall notify in
writing the legislative body of each municipality that borders the Town of
Queensbury and the Director of Warren County Emergency Services.
Notification shall include the exact location of the proposed tower and a
general 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 Board at the time
of application.
3. An applicant who proposes a new telecommunication tower within the
Adirondack Park shall notify in writing the Adirondack Park Agency.
Notification shall include the exact location of the proposed tower and a
general description of the project including, but not limited to, the height of the
tower and its capacity for future shared use.
N. Notification of Nearby Landowners.
A public hearing shall be held for all applications for location of telecommunication
antenna. The applicant shall be required to mail notice of the public hearing directly to all
landowners whose property is located within five hundred (500) feet of the property line
of the parcel on which an antenna is proposed. Notice shall also be mailed to the
administrator of any state or federal parklands from which the proposed tower would be
visible if constructed. Notification, in all cases, shall be made by certified mail.
Documentation of this notification shall be submitted to the Board prior to the public
hearing.
O. Maintenance and/or Escrow Account.
The Planning Board, at its sole discretion, may require the applicant and/or the
owner to establish, prior to approval of any application, a maintenance and/or escrow
account in an amount sufficient to cover the technical review, installation, maintenance
construction and removal of said tower during its lifetime. The amount required shall be
determined at the sole discretion of the Board, based upon the unique characteristics of
the tower and site. The applicant and/or owner shall cooperate with the Board in
supplying all necessary construction and maintenance data to the Board prior to approval
( 7 )
of any application. Cost estimates may be reviewed by the Town Consulting Engineer at
the Planning Board's discretion.
SECTION 2. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and
all other provisions shall remain in full force and effect.
SECTION 3. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State as provided in §27 of the Municipal Home Rule Law.
( 8 )
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I herec'; certify that the local law annexed hereto, designated as local law No. of 19 ?7
of the (QVLM (Town)) 1i ) of Queensbury was duly passed by the
Town Board on December 15t19 97, in accordance with the applicable provisions of lam'.
(ti ame of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I he-ebv certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by tt e
on 19 and was (approved)(not disapproved)(repassed after
Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 19
(Elective Chief ExecutiveOfficer'
in accordance with the applicable provisions of'law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by th
on 19 and was (approved)(not disapproved)(repassed after
(:lame of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive-Officer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
1 here.;; certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
CIL .;_, disapproved)(repassed afte-
Name of Legislative Body
the en 19 Such local law was subject to
(r,lective Chief Executive Officer'
permissive referendum and no valid petition requesting such -,-re-endum was filed as of 19_
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
count.:-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(9)
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................ having been submitted to referendum pursuant to the
provisions of 13�of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the gene all election held on .............
............ 19.........became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
I further certify that 1 have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and if the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
Clerk of the County legislative body,City.Town or Vi `e Clerk or
officer designated by local legislative body
Date: 4"1
(Seal) '
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF........WARREN
1, the undersigned, hereby certify that the forego' cal la contains the correct text and that all
proper proceedings have been had or taken for the enact e 1 I law annexed hereto.
• MARK SCHACHNERsisnature ......................
...................................................
TOWN COUNSEL Title
VAW
Date: X= o f ..........QUEENSBURY
Town(1o)_
II `
H
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
January 9, 1998
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 11, 1997, filed 12/23/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
qol*j U-
q 15-U4LI-,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
printed on recycled paper
c SENDER: I also wish to receive the
■Complete item.1 and/or 2 for additional services.
m ■Complete items 9,4a,and 4b. following services(for an
0 ■Print your name and address on the reverse of this form so that we can return this extra fee):
card to you. Pj
m ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address
permit.
■Write-Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery W
■The Return Receipt will show to whom Bre article was delivered and the date .�
delivered. Consult postmaster for fee.
o Q
3.Article Addressed to: 4a.Artic e Numb^ cc
� C,
i ( 4b.Service Type m
9, � '��' `�\ ❑ Registered Certified
❑ Express Mail ❑ Insured E
❑ Retum Receipt for Merchandise ❑ COD
7.Date of Delivery
�t
m �F
5.Received By:(Pri B. N e' r if requested c
and fee is paid) r
6.Signature:(AddrfSK4ftent
�°• X
PS Form 3811, December 1994 102595-97-13-0179 Domestic Return Receipt
Z 227 625 985 La's
Receipt for
Certified Mail
No Insurance Coverage Provided
r..r~is Do not use for International Mail
�'k
(See Reverse)
2 s to ,c
,r
t trees nd No
A
V
`�S 0,State and ZIP Code
� Postage
E Cetntted Fee
LL Special Delrvery Fee
co
r3
Restricted Delivery Fee
Return Receipt Showing
to Whom&Date Delivered • a r
Return Receipt Showing to Whcm,
Date,and Addressee's Address
TOTAL Postage +.
&Fees $
Posimark or Date
. 9 7
Alow-
L.2
The following material has been hcevv�,--kd
and will be processed for- iric 1,u-s i oih- A-
your Code as supplemental pages (where
applicable)
-
Local Law No . 11 97.
Town of Queensbury
C/O Clerk 's Offic(..,-
531 Bay Road
Queensbury, NY 1280,1,