LL 06 Telecomminication "Towers" NEW YORK STATE DEPARTMENT OF STATE
~ ' Local Law Filing 162 WASHINGTON AVENUE, ALBANY. MY 12231
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C=M"
A= of QUEENSBURY
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...................................................................................
Town .-
. vamp
Local Law No. .............6.................................... of the year 19 9......
to amend Chapter 179 of the Queensbury Town Code entitled, "Zoning," Sectior
A local law ,,,
.........................................................................................................................................................
(Insert Title)
179-7 Thereof, entitled, "Definitions and Word Usage" and Section 179-73.1 entitled,
TOWN BOARD "Telecommi cations Towei
Be it enacted by the ....................................................................................................
.......................................othe
(Name of Legislative 13ody)
&kyxx of QUEENSBURY...............................................................................................................as follows:
Town
SECTION 1. Chapter 179, §179-7 of the Code of the Town of
definitions'.
entitled
"Definitions and Word Usage," is hereby amended to add the following defln
EXISTING TALL STRUCTURE -'A structure over 50 feet in height measured at its
tallest point which is existing on the date an application for placement of telecommunication
equipment is submitted.
CO-LOCATION - The siting and/or mounting of multiple antennas used by the same
wireless communications services provider or by two or more competing providers on the same
telecommunication tower.
SECTION 2. Section 179-73.1 of the Code of the Town of Queensbury is hereby
amended 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 which concern the
placement and operation of telecommunication towers.
B. Purpose.
The purpose of this Local Law 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
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
Dos•239 (Rev. 7/90)
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.
C. 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 a telecommunication towers or other tall structure (structures over 50' in
height) exists.
D. Application of Regulations:
1. No telecommunication tower shall hereafter be used, erected, moved, reconstructed,
changed or altered, and no existing structure shall be modified to serve as a
telecommunication tower, except after issuance of a zoning permit pursuant to §179-
105A and demonstration of conformity with these regulations.
2. 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 December 15, 1997,
the original effective date of the Town's telecommunication towers regulations.
3. 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.
E. Administrative Review of Applications for Shared Use of Existing Towers.
At all times, co-location on use of existing towers shall be preferred to shared use of other
existing tall structures or construction of new towers. Applications involving only erection of
additional antennas and related equipment on an existing telecommunications tower shall not be
subject to site plan review or a public hearing provided the application complies with the terms
and conditions described below. For purposes of this sub-section E, "existing telecommunications
tower" or "existing tower" shall mean a telecommunications tower in existence at the time an
application for co-location is submitted to the Zoning Administrator.
1. Application - An applicant proposing to share use of an existing
telecommunication tower shall submit the following to the Zoning Administrator:
a. A complete site plan review application.
2 )
b. A completed Visual Environmental Assessment Form Addendum (6
NYCRR 617.20 Appendix B).
C. Documentation of intent from the owner of the existing tower to allow
shared use.
d. An engineer's report certifying that the proposed co-location will not
diminish the structural integrity and safety of the existing tower or
explaining what modifications, if any, would be required in order to certify
to the above.
e. A copy of the Federal Communication Commission (FCC) license for
operation of the new equipment.
f. An application fee in the amount of five-hundred dollars ($500.00).
2. Review - Upon receipt of a complete application, the Zoning Administrator shall
promptly forward a copy of the engineer's report to the Town Consulting Engineer
and shall review the application to determine if the proposal complies with the
following terms and conditions:
a. The existing tower shall be in compliance with any and all approvals
previously granted.
b. The proposed co-location shall not increase the height of the existing
tower.
C. The proposed co-location shall not cause any portion of the resulting
structure to extend into a required setback.
d. If the engineer's report submitted as part of the application found that the
proposed co-location could diminish the structural safety of the existing
tower, the applicant shall submit a revised proposal which includes the
modifications described in the engineer's report.
e. The proposed co-location shall not involve construction of any additional
roads or parking, widening of existing roads or expansion of existing
parking.
If the Zoning Administrator finds that the application demonstrates
compliance with the standards listed above and the Town Consulting Engineer
either agrees with the finding of the engineer's report that the proposed co-
location will not diminish the safety of the existing tower or determines that the
revised proposal includes the required modifications described by the engineer's
report, then the Zoning Administrator shall approve the proposal and issue a
( 3 )
zoning permit. If the Zoning Administrator finds that the application does not
demonstrate compliance or if the Town Consulting Engineer disagrees with the
finding of the engineer's report or determines that the modifications described in
the engineer's report are not included in the revised proposal, then the Zoning
Administrator shall notify the applicant of the deficiency. The applicant may then
submit a revised proposal or submit the proposal to the Planning Board for site
plan review as described in sub-sections F and G below for shared use of an
existing tall structure.
F. Site Plan Review.
Site Plan Review pursuant to Article V of Chapter 179 of the Town Code shall be
required for placement of any antenna in or on an existing tall structure other than an existing
telecommunication tower and for any construction of a new tower.
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.
b. Visual Impact Assessment: All site plan applications, whether involving
location on an existing tall structure or construction of a new tower, shall
include a 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 visual impact of the 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 Addendum (6
NYCRR 617.20, Appendix B).
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
(4)
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. In addition to any fees provided for by §179-102 of the Town Code, 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.
G. Standards for Placement.
New or modified antenna or telecommunication towers shall be placed according to the
following priority: first, co-location on an existing tower; second, placement of antennas or other
telecommunication equipment in or on an existing tall structure located on a lot within the areas
listed in §179-73.1D, third, placement in or on an existing tall structure not located within the
areas listed in §179-73.1 D; fourth, placement of a new tower on a lot where a telecommunication
tower already exists; and fifth, placement of a new tower on a lot within the areas listed in §179-
73.1D. Where shared use of existing towers or structures is not proposed, the applicant must
provide documentation of the inability to utilize an existing tower or structure.
1. Co-Location on Existing Telecommunication Towers. - Co-location of
telecommunication equipment on existing telecommunication towers shall be the
preferred placement mode and may be reviewed pursuant to the administrative review
procedure set forth in paragraph F above. At the option of the applicant, an
application for co-location on an existing telecommunication tower may be reviewed
as a shared use of an existing tall structure as provided in paragraph H(2) below.
(5)
2. Shared Use of Existing Tall Structures. At all times, shared use of existing tall
structures (for example, municipal water towers, multi-story buildings) shall be
preferred to the construction of new towers. In addition to the requirements of G
above, an applicant proposing to share use of an existing 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 or explaining
what modifications, if any, would 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.
3. New Telecommunication Towers on Lots Already Containing a Tower.
Construction of a new telecommunication tower on a lot already containing a
telecommunication tower shall be given third priority after co-location on an
existing tower and shared use of an existing tall structure (see §179-73.1F). The
Planning Board may consider a new telecommunication tower on a lot already
containing a telecommunication tower when:
a. The applicant documents that co-location on an existing telecommunication
tower or shared use of an existing tall structure is not practical.
i. The applicant shall submit a report locating and inventorying all
existing tall structures and existing or approved telecommunication
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 and existing or approved
telecommunication tower. Such documentation shall include written
requests for shared use, expenses for shared use and an explanation of
the physical, technical and/or financial reasons why shared usage is not
practical in each case.
b. The applicant submits a copy of the Federal Communications Commission
(FCC) license for operation of the new equipment.
( 6 )
4. New Telecommunication Towers on Lots Not Already Containing a Tower.
Construction of a new telecommunication tower on a lot not already containing a
telecommunication tower shall be given fourth priority after co-location on existing
towers, shared use of existing tall structures and construction of a tower on a lot
already containing a tower (see §179-73.1F). The Planning Board may consider a
new telecommunication tower on a lot not already containing a telecommunication
tower when:
a. The applicant documents that co-location on an existing telecommunication
tower, shared use of an existing tall structure-and-locating the tower on a lot
already having a telecommunication tower-are not practical.
i. The applicant shall submit a report locating and inventorying all
existing tall structures and existing or approved telecommunication
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, existing or approved
telecommunication tower and lot already containing a
telecommunication tower. Such documentation shall include written
requests to each owner, estimated expenses and an explanation of the
physical, technical and/or financial reasons why co-location on an
existing telecommunication tower, shared use of an existing tall
structure or location on a lot already containing a tower-is not practical
in each case.
b. The applicant submits a copy of the Federal Communications Commission
(FCC) license for operation of the new equipment.
H. Setbacks.
Telecommunication 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 construction shall at all
times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts,
7 )
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 Telecommunication Tower Design.
Alternative designs shall be considered for all new telecommunication towers, including
lattice and single pole structures. The design of all proposed new telecommunication 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 application of FAA lighting and painting requirements whenever possible.
7. All towers and accessory facilities shall be sited to have the least practical adverse visual
effect on the environment.
V- 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 owner of
a telecommunication tower or antenna and his/her successors in interest, to notify the Zoning
( 8)
Administrator within thirty (30) days of the discontinuance of use of the tower or any antenna
affixed to a tower or other tall structure. This letter shall be filed with the Zoning Administrator
prior to issuance of a building permit (assuming the application is approved according to this
section). Obsolete or unused towers, antennas and accessory structures shall be removed from
any site within four (4) months of such notification. Failure to notify and/or to remove the
obsolete or unused tower, antenna or accessory structure 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 telecommunications tower or existing tall structure or lot containing an
existing telecommunication 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. 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.
3. Documentation of this notification shall be submitted to the Planning Board at the
time of application.
N. Public Hearing and Notification of Nearby Landowners.
Except for applications for co-location on an existing telecommunication tower reviewed
pursuant to sub-section F above, a public hearing shall be held for all applications for location of a
telecommunication tower or 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 a tower or antenna is proposed. Notice shall also be mailed
to the administrator of any state or federal parklands from which the proposed tower or antenna
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.
Prior to approval of any application, the Planning Board, at its sole discretion, may require
the applicant and/or the owner to establish a maintenance and/or escrow account in an amount
(9)
sufficient to cover the technical review, installation, maintenance, construction and removal of the
proposed telecommunications tower or antenna during its lifetime. The amount required shall be
determined at the sole discretion of the Board, based upon the unique characteristics of the tower
[or antenna] and the 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 of any application.
Cost estimates may be reviewed by the Town Consulting Engineer at the Planning Board's
discretion.
SECTION 3. 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 4. 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.
( io )
(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 hereby certify that the local law annexed hereto, designated as local law No. 6 of 19 98
of the (CnxxM( )(Town)0MARIW of Queensbury was duly passed by the
Town Board on August 17, 19 9$ in accordance with the applicable provisions of law.
(Name of Legislative Body) -
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
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 the
on 19_, and was (approved)(not disapproved)(repassed after
(Name of LegislativeBody)
disapproval) by the and was deemed duly adopted on 19
ect�ve �e Executive fficer
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 the
on 19_, and was (approved)(not disapproved)(repassed after
Name 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.)
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 the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer
permissive referendum and no valid petition requesting such referendum 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
county-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.
(11)
S. (City local law concerning Charter revision proposed by petition.)
1 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 137 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.)
1 further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragrap .......above.
� c
Clerk of the County legislative body, try.Town or Village Clerk or
officer designated by local legislative body
Date: August 19, 1998 '
(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 law o ains the correct text and that all
proper proceedings have been had or taken for the enact t loc I annexed hereto.
t-r IC �V1QC ✓►�tr sianarurc
Town Counsel
...................................................
Title
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Date: A u3uS4 I�$ f�lllt of ...4ueensbury.................
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(12)
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STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 1 223 1-000 1
ALEXANDER F. TREADWELL
SECRETARY OF STATE
September 15, 1998
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 6, 1998, filed 09/10/98
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
q0AU�-
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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