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HomeMy WebLinkAbout1995_2_23_Local_Law_No_3 LOCAL LAW NO. 3 - 1995 This Local Law shall be known as Amendment to the Zoning Ordinance Establishing Regulations for Cellular Telephone Facilities. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 1. This Local Law shall be known and cited as Amendment to the Zoning Ordinance Establishing Regulations for Cellular Telephone Facilities. 2. Purpose: The purpose of these regulations is to promote the health, safety and general welfare of the residents of the Town of Mamaroneck through the establishment of minimum standards to reduce the adverse visual effects of telecommunications transmission towers and antennas through careful design, siting and screening; to preserve residential property values; to avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting structures; to maximize the use of existing towers or antenna host sites so as to minimize the number of towers needed to serve the town; and to assure that radiation emitted by such telecommunications equipment will comply with applicable standards. 3. Article 1, Section 89-3 - Definitions: Section 89-3 shall be amended by adding the following definitions: PRIVATE TRANSNISSION TOWER-Wireless communication facility, not used commercially. (1) PUBLIC UTILITY- Persons, firms or corporations supplying gas, electricity, water, power, transportation or telephone service (excluding cellular telephone service)to the general public. PUBLIC UTILITY FACILITY-The machinery and equipment including pipes, lines, wires, and/or other conductors or conduits, materials, apparatus, tools, vehicles, supplies and storage facilities used by Public Utilities. CELLULAR TELEPHONE FACILITY-All facilities, equipment, apparatus and devices used for cellular telephone communications. 4. Article III, Section 89-19.1. Public Utility&Cellular Telephone Facility: Add a new section 89-19.1 which shall read: (a) Required Conformity- No Cellular Telephone Facility shall hereinafter be used, erected, moved, reconstructed, changed, or altered unless in conformity with the following specific regulations. (b) Exceptions - Exceptions to these regulations are limited to (1) private transmission towers that are new uses accessory to residential uses, so long as the height of any such use does not exceed other height limitations provided for in the zoning ordinance or the elevation of the surrounding neighboring treeline, whichever is greater and (ii) approved uses existing prior to the effective date of these regulations. (c) Site Plan - (1)An applicant seeking approval for a telecommunications tower or antenna is required to submit a site plan in conformance with applicable site plan submission requirements, except to the extent the Town's Site Plan Approval Law may otherwise provide for a waiver of any such requirements. The site plan shall show all existing and proposed structures and improvements, and shall include documentation on the proposed intent and capacity of the use, as well as justification for the height of any tower or antenna. (ii) The Planning Board shall require that the site plan submission include a completed Visual Environmental Assessment Form (Visual EAS), and if applicable, a landscape plan addressing other standards listed in this section, with particular attention to visibility from key viewpoints identified in the Visual EAS, existing treelines, and proposed elevations. (iii)A safety analysis described in section (e) below. (iv)A report shall be submitted, prepared by a licensed professional engineer which, in the case of a tower, describes (2) The tower height and design including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including the number and type of antennas it can accommodate. In the case of an antenna mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. (d) Shared Use - The shared use of existing towers and antenna facilities shall be preferred to the construction of new such facilities. The applicant shall submit an adequate report inventorying existing towers and antenna sites within a reasonable distance from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower or antenna cannot be accommodated on an existing approved tower or facility due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of existing and approved towers and facilities, considering existing and planned use for those facilities. 2. The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented. 3. Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably. 4. Other reasons make it impracticable to place the equipment proposed by the applicant on existing and approved towers or facilities. Approval of a proposed antenna to share an existing tower or facility shall be conditioned upon the applicant's agreement to pay all costs of adapting an existing facility to a new shared use. These costs can include structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes required to accommodate shared use. (e) Nonionizing Electromagnetic Radiation (NIER) Threshold - The applicant shall submit a safety analysis of the electromagnetic environment surrounding the proposed site. The safety analysis shall be prepared by a qualified electromagnetic engineering specialist, or health professional qualified to produce such analysis. The safety analysis must demonstrate that the nonionizing electromagnetic radiation (NIER) emanating from the antenna not exceed threshold levels (550 milliwatts per(3) centimeter square). The analysis shall indicate the horizontal and radial distance from the NIER source to the nearest property line and the nearest residential structure. The study shall then provide the ambient NIER levels in the frequency range of the proposed source measured at the two points identified above. The calculated NIER level at any one of the two points listed above shall not exceed one-fourth of the threshold level. (f) Setbacks -Antennas or sources of NIER situated in the Recreation District shall be setback from the nearest neighboring residential property by a distance not less than 1,200 feet.Antennas or sources of NIER situated in the LI district shall comply with the existing setbacks applicable to that zone. All related accessory facilities and structures, including but not limited to equipment sheds, parking areas, anchors, bases and pads shall comply with the existing setbacks and dimensional regulations established for accessory uses in the appropriate zone, except for the height of the cellular telephone tower. (g) Inspection - Towers over 100 feet in height shall be inspected annually by a licensed professional engineer, and a copy of the inspection report submitted to the Town Building Inspector indicating repairs made. (h) Visibility-All towers and antennas shall be sited to have the least possible practical visual effect on the environment. Towers shall not be artificially lighted hted unless otherwise required by the Federal Aviation q Y Administration or other federal, state or local authority. Towers shall be a galvanized finish, or painted gray above the surrounding treeline, and gray or green below the treeline. (i) Screening-Where a Cellular Telephone Facility abuts residential, parkland or other open space, the following vegetative screening shall be provided. One row of native evergreen shrubs or trees capable of forming a continuous hedge at least five feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. Additional screening may be required to screen portions of the tower from nearby residential property or important views. S. Article V, Section 89-29 Light Industry District: LI Amend Section 89-29 by adding the following: A. (6) Cellular Telephone Facility B. (1) Radio, television and other electronic transmission structures. 6. Article V, Section 89-20.1 Recreation District: R. (4) Amend Section 89-20.1 by adding the following: B. (3) Cellular Telephone Facility 7. Severability- Should any provision of this local law be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this local law which may be implemented without the invalid or unconstitutional provision. B. Effective Date This Local Law shall take effect immediately.