§ 120-20. Cellular communications towers.

A. 

Purpose and objectives.

(1) 

The proliferation of the construction and installation of communications equipment, pole-mounted radio towers and other similar equipment and devices must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Village of Rhinebeck and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Village of Rhinebeck and its neighbors. The Village recognizes the demand for wireless communications transmission systems and the need for the services they provide. Wherever possible, wireless communications transmission equipment should be located within existing structures. This chapter acknowledges the requirements of the Federal Telecommunications Act of the 1996, as well as the rights and responsibilities it imposes on both communications providers and local governments.

(2) 

On February 8, 1996, the United States Congress enacted the Telecommunications Act of 1996 (hereinafter referred to as the "Act"). The purpose of the Act is to provide a more competitive environment for wired and wireless communications services in the United States by deregulating the telecommunications industry. The Act preserves the authority of local government to regulate the placement, construction and modification of personal wireless services antennas, towers and accessory structures in order to protect the health, safety and welfare of the public.

(3) 

The purpose of this section of this chapter is to establish predictable and balanced regulations for the siting and screening of personal services antennas, towers and accessory structures. The establishment of such regulations is to accommodate the growth of such systems within the Village of Rhinebeck. Such regulations will further serve to protect the public against any adverse impacts on aesthetic resources. Additionally, the regulations will eliminate potential damage to adjacent properties from tower failure through structural standards and setback requirements. Finally, the regulations set forth in this chapter will reduce the number of towers needed to service the community by maximizing the use of existing towers and structures.

(4) 

This chapter is intended to regulate the placement, construction and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, this chapter is intended to:

(a) 

Regulate the location of the towers and telecommunications facilities in the Village.

(b) 

Protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities.

(c) 

Minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

(d) 

Promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

(e) 

Promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities.

(f) 

Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound.

(g) 

Ensure that towers and telecommunications facilities are compatible with surrounding land uses. The Communications Act of 1934, as amended by the Act, grants the Federal Communications Commission (FCC) exclusive jurisdiction over:

[1] 

The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities.

[2] 

The regulation of radio signal interference among users of the RF spectrum.

(5) 

The Village's regulation of towers and telecommunications facilities in the Village will not have the effect of prohibiting any person from providing wireless telecommunications services, thus not violating the Act.

B. 

Procedure to obtain special use permit.

(1) 

No communications tower or antenna system, accessory facility or co-located antenna shall be erected, maintained or permitted within the Village of Rhinebeck, unless a written application shall be made for a special use permit and approved in conformity with this article by the Planning Board of the Village of Rhinebeck.

(2) 

The applicant will be responsible for payment of hearing and mailing fees incurred by the Planning Board. Said fee must be paid at the time of application. The applicable fee shall be in accordance with the fee schedule established and annually reviewed by the Village Board of Trustees and available at the Village Clerk's office. Said application fee shall accompany the Planning Board application.

(3) 

Notwithstanding permit application fees, the applicant shall also be responsible for all professional fees incurred by the Village for adequate support of the Planning Board's review, all as determined by the Village Fee and Deposit Law. Said fees shall be paid within 10 days of being billed; and, if not paid, the application shall be deemed abandoned.

(4) 

The applicant shall submit three copies of the application to the Zoning Enforcement Officer. The application must include all items specified in the section on special permits and must otherwise follow all requirements of that section.

(5) 

The height shall be no greater than that necessary to provide signal coverage to areas of the Village currently unable to be served, as demonstrated in a propagation study submitted by the applicant as part of the application. The maximum height shall not exceed 15 feet above the established height limitation as shown in Table 2, § 120-8, Dimensional Table. For purposes of this section, height shall be the vertical distance from grade, even if the structure is built upon or attached to another structure.

(6) 

Applications for stand-alone towers shall not be granted unless the applicant demonstrates to the satisfaction of the Planning Board that no existing use, structure or alternate technology can accommodate the applicant's proposed use without requiring new construction of such a stand-alone tower.

C. 

Financial security bond or security deposit.

(1) 

The applicant, at the time of obtaining a building permit, must provide a financial security deposit for the construction, maintenance and removal of the telecommunications facility with the Village of Rhinebeck as obligee, in an amount to be approved by the Planning Board, but not less than $25,000.

(2) 

The applicant shall be required to sign an agreement with the Village of Rhinebeck whereby the applicant agrees to remove the tower, antenna(s), cellular accessory structures and other improvements if the telecommunications facility becomes technically obsolete or ceases to be used for its original intended purpose for six consecutive months. The applicant shall further agree that the tower, antennas, cellular accessory structure(s) and other improvements shall be removed within six months of the first date upon which the telecommunications facility becomes technically obsolete or ceases to be used for its original intended purpose for six consecutive months. The aforesaid financial security bond shall be used to guarantee the proper construction, maintenance and removal of the telecommunications facilities should that be required.

(3) 

The applicant shall further agree to continually renew the bond throughout the lifetime of the telecommunications facility.

(4) 

The Planning Board shall have the continuing authority and right to review said bond and its amount and reasonably modify the amount and terms of the same, if it is not consistent with the intent of this article.

D. 

Lease subject to review. Any current or future lease between the applicant and the owner of the proposed telecommunications facility site shall be subject to review by the Planning Board to ascertain whether it is consistent with this article.

E. 

Special permit application requirements.

(1) 

The following tower and antenna application materials are required:

(a) 

Site plan application materials, in form and with content acceptable to the Village Planning Board, as specified elsewhere in this chapter under Article XI, Special Permits and Site Plan Approval, and in sufficient detail and accuracy, showing at a minimum:

[1] 

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

[2] 

The maximum height of the proposed tower or antenna(s), scaled section required.

[3] 

Construction drawings and sketches sufficient to allow the Village Engineer or other Village experts to determine the safety and suitability of said proposed construction.

[4] 

The color or colors of the tower and/or antenna(s).

[5] 

The location, type and intensity of lighting, if any, proposed to be located on the tower.

[6] 

Surveyed boundaries of the property upon which the telecommunications facility is located.

[7] 

The location of all structures within the one-hundred-percent-clear zone, along with the distance to those structures.

[8] 

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

[9] 

The location and nature of proposed utility easements and access road(s), if required.

[10] 

Building elevations of cellular accessory structures or facilities or utility service facilities.

[11] 

Proposed parking, paving and lighting and location of same at the lot upon which the tower is located.

(b) 

"Before" and "after" propagation studies prepared by a qualified radio frequency (RF) engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility. The applicant shall provide a professional resume for the above-referenced RF engineer.

(c) 

Evidence of compliance with Federal Communications Commission (FCC) regulations, non-ionizing electromagnetic radiation (NIER) levels and electromagnetic field (EMF) standards.

(d) 

A search ring prepared by a qualified RF engineer and overlaid on an appropriate background map demonstrating the area within which the antenna needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Planning Board why he or she selected the proposed site and discuss the availability or lack of availability of suitable existing structure(s) within the search ring, which would have allowed for co-located antenna(s) elsewhere.

(e) 

An affidavit from the applicant identifying specific attempts to co-locate an antenna within the search area and that such efforts were entirely unsuccessful.

(f) 

A line-of-sight or visual impact study, as follows:

[1] 

Drawings, photographs or computer-generated graphic representation(s) of the views from 1,000 feet away from the north, south, east and west of all natural and man-made features and structures within those views, including the proposed tower and other improvements.

[2] 

A statement as to the potential visual and aesthetic impacts of the proposed telecommunications tower on all adjacent properties including comment on decreased property values.

[3] 

The visual impact analysis shall be prepared and sealed by an engineer or landscape architect registered in New York State.

(g) 

An engineer's statement, or statements from appropriate government agencies, that the proposed telecommunications facility will have no adverse impact on air or surface traffic within 1/2 mile of the tower. In addition to all conditions specified herein, the applicant shall meet all requirements imposed for similar proposed construction within the Village of Rhinebeck.

(h) 

An engineer's certified statement that the reception and/or transmission function of the telecommunications facility will not interfere with the usual and customary transmission or reception of radio, television, etc., services of adjacent properties.

(i) 

For sites in close proximity to significant historical sites or important preservation/conservation areas, the Village will request additional site plans and tower special use permit requirements. These requirements can include specially designed towers, additional screening, greater setbacks and improved landscaping. Siting in these areas should be avoided to the maximum extent possible.

(j) 

Such other additional information, studies, alternative sites and assessments as may be required by the Planning Board to fully review and evaluate the potential impact and location of the proposed tower or antenna.

F. 

Siting regulations.

(1) 

The Village hereby declares, not in order of preference, that the following are the expressed preferred locations of the communications towers and antenna:

(a) 

Property with the least visual impact (tower should be located in the least visible area of the Village).

(b) 

Co-location on existing towers or existing structures.

(c) 

Municipal or government-owned property.

(2) 

It is the obligation of the applicant to submit proof that, after diligent efforts, the above-stated preferences are unavailable, before applying for the location of a tower in the Residential District. The Village of Rhinebeck declares that location of a tower or antenna in a Residential District would result in a more adverse change in the particular district's character and would pose greater difficulty in minimizing the effect of the location of a tower in said district.

(3) 

Any location of a tower, antenna or support system upon an existing structure or building shall be attached, affixed or placed thereon in a manner which is safe for the lifetime of the building or structure and which is safe for the people and structures in and around said tower, antenna and support system.

(4) 

The number and location of antennas or other receiving or transmitting devices and their support system on an existing structure or building shall be as many as is structurally and technically feasible.

(5) 

Notwithstanding other provisions in this article, no tower may be erected closer than twice the radius of the one-hundred-percent-clear zone to any other structure or playground.

G. 

Use regulations.

(1) 

No approved telecommunications facility, antenna or support systems shall hereafter be used, erected, moved, reconstructed, changed or altered unless approved by the Planning Board in conformity with this article. Furthermore, no change in applicant's technology shall be authorized with Planning Board approval. This provision does not require approval for routine maintenance of the telecommunications facility.

(2) 

Where this article conflicts with other laws of the State of New York or the United States, the more restrictive regulation(s) shall apply, except for tower height restrictions, which are governed by this chapter:

H. 

Use standards.

(1) 

Preferred design. Monopoles are the preferred design, followed by guyed towers and then freestanding towers. The Planning Board may, with good cause shown, require one tower design over other tower designs.

(2) 

Visual impacts. Any tower, antenna(s) and accessory facility shall be constructed and designed to have the least practical visual impact on the area within reasonable proximity to the tower, antenna(s) or accessory facility.

(3) 

Landscaping and security of structures and lighting. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any cellular accessory structures shall be landscaped. Towers and cellular accessory structures shall be provided with security fencing to prevent unauthorized entry. There shall be reasonable lighting at the base of the structure for security purposes and to further deter unauthorized access. The lighting shall be downcast and directed toward the interior of the enclosed area. The applicant shall be responsible for maintaining fencing, landscaping and lighting during the duration of facility operation.

(4) 

The applicant must submit with his/her application a landscaping plan for review and approval by the Village Planning Board.

(5) 

Color. The Planning Board may require the color or colors that are acceptable as long as said colors are permitted by the FAA. The Planning Board may require a pattern of colors, depending on the proposed location and its visual impact on the area wherein the tower is to be located. The tower color, once approved by the Planning Board, shall not be changed without Planning Board approval.

(6) 

Tower lighting. Communications towers shall be designed and located to avoid, whenever possible, applications of FAA lighting and painting requirements. The Planning Board may, however, require lighting even in the absence of such requirements by the FAA.

(7) 

Signs. The Planning Board may require that "No Trespassing," "High Voltage," or other appropriate warning signs be placed on the lot.

(8) 

Height. The tower height is to be measured from the grade.

(a) 

The maximum height of a tower is 15 feet above the established height limitation as shown in Table 2, § 120-8, Dimensional Table.

(b) 

The height of a tower shall be based on propagation studies obtained by the applicant and based on co-location considerations.

(9) 

Access road and parking. An access road and parking shall be provided for emergency access, where required by the Planning Board.

(10) 

Accessory building and equipment storage.

(a) 

Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

(b) 

Accessory buildings and equipment storage buildings are permitted as long as they are used in direct conjunction with the tower and its operation and they are used on a permanent basis. No accessory building can be used for residential purposes.

(c) 

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communications tower, unless actively engaged in maintenance or repairs to the tower.

(11) 

Radio frequency. The Planning Board may impose a condition on the applicant that the communications antenna(s) may be operated at FCC-designated frequencies and power levels and/or EPA technical exposure limits, and that the applicant provide competent documentation to support the requirement that maximum allowable frequencies, power levels and exposure levels for radiation will not be exceeded.

(12) 

Other conditions. The Planning Board shall have the authority to impose such other reasonable conditions and restrictions as are directly related to and incidental to the health, safety and general welfare of the citizens of the Village regarding the location, construction, maintenance, design and removal of a proposed communications tower and its special use permit or site plan.

I. 

Inspection.

(1) 

All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted before initial operation and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this chapter and then every two years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.

(2) 

The Village or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Village local law and all other construction standards provided by the Village local law and federal and state laws and regulations.

(3) 

The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the Village shall be borne by the tower owner.

J. 

Maintenance. The communications tower, antenna(s), support system and surrounding ground area shall be kept in good order, repair and condition. It shall be the affirmative duty of the applicant, his or her successor, assignee, grantee or transferee to make all repairs and maintenance necessary to make the telecommunications facilities and surrounding grounds safe, secure and visually compliant with the Village local laws and the Planning Board's conditions and terms of approval.

K. 

Co-location requirement.

(1) 

It is the preference of the Village to have future antenna(s) and other communications receivers or transmitters co-located on existing towers to the extent that such towers will accommodate additional transmission devices.

(2) 

Any lease must include a clause, term, provision or condition that permits co-location. The applicant shall provide a copy of all lease agreements to the Village Planning Board as proof of same.

(3) 

Where there are existing communications towers in the Village, the applicant shall be required to submit a report demonstrating good-faith efforts to secure co-location and that said co-location efforts were denied.

(4) 

As part of the application process, an applicant shall supply a statement to the Village that the applicant will, as a continuing condition of a permit under this article, allow co-location on the applicant's tower to the extent technically feasible.

L. 

Exempt telecommunications facilities. The following telecommunications facilities are exempted from this article:

(1) 

Fire, police and other emergency dispatch services where telecommunications facilities are less than 55 feet above grade.

(2) 

Nonbusiness television or radio reception, private citizen band, amateur radio and other similar communications systems utilizing a tower and antenna, which do not exceed 55 feet above grade. "Nonbusiness" means a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee or person(s) in control of the telecommunications facility.

M. 

Time limits.

(1) 

Once a communications tower or antenna application is approved by the Planning Board, the applicant shall obtain a building permit within the time limits established by § 120-48B, Scope, expiration, revocation and enforcement.

(2) 

Each applicant for an antenna and/or tower and/or the proposed user for an antenna and/or tower shall provide to the Planning Board an inventory of his/her existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Rhinebeck or within the borders of the Town of Rhinebeck, including specific information about the location, height and design of each tower. The Planning Board may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Village of Rhinebeck; provided, however, that the Planning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.