§ 220-60. Personal wireless communications facilities.

A. 

The Planning Board may approve a special use permit and a site plan for a personal wireless communications facility to be erected and maintained only on a parcel of land located in the RR-3, AR-2 and AR-1 Residential Districts, the CC Community Commercial District, the LI Limited Industrial District and the I Industrial District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are complied with:

(1) 

Approvals required for personal wireless telecommunications facilities.

(a) 

Telecommunications facilities comprised of co-located antennas (and accessory structures) shall be permitted on an existing tower or structure in any of the zoning districts listed above, upon the approval of a site plan by the Planning Board. Where co-location antennas exist, the period of approval for the co-located antenna shall be five years or the authorized franchise period remaining on the permit from the Federal Communications Commission.

(b) 

Telecommunications facilities requiring construction of a new tower shall require the following permits and/or approvals:

[1] 

On municipal-owned property at any height, a tower shall be permitted upon the approval of a site plan by the Planning Board; or

[2] 

On privately owned land where a tower is proposed, both a special use permit and site plan approval are required.

(2) 

The minimum lot size shall be four acres.

(3) 

Not more than one tower shall be permitted on any parcel of land.

(4) 

The minimum setback for each communications tower from any property line shall be the height of the tower to be erected plus 20 feet.

(5) 

No tower shall exceed 200 feet above finished grade without evidence that an additional tower located within the cell area will not provide adequate coverage to at least 90% of the population within said cell.

(6) 

No tower shall be erected on top of any drumlin area, on actively farmed land, within a federal or state freshwater wetland or on a slope greater than 15%.

(7) 

Any cutting of trees which exceed four inches in diameter, measured at a height of four feet above ground, to provide for the placement of a tower shall first be approved by the Planning Board, as part of any preliminary site plan application. Clear-cutting of trees beyond what is deemed necessary by the Planning Board to install and maintain the tower shall be prohibited.

(8) 

The tower shall be designed to withstand a sustained wind or 90 miles per hour with a one-half-inch ice load.

(9) 

A minimum radius of 2,000 feet must be maintained between any proposed tower and any existing tower, whether located in the Town of Canandaigua or in an adjacent municipality.

(10) 

All towers shall be enclosed by a fence not less than eight feet in height above ground level with adequate security measures along the top of the fencing to deter vandalism.

(11) 

No tower shall contain any signage except that identifying a health, safety or general welfare message, including but not limited to the owner of the tower, an emergency telephone number and tower site identification (i.e., number) and address.

(12) 

Any person proposing to erect or alter a structure that may affect navigable air space must notify the Federal Aviation Administration (FAA) of the construction before it begins. Notice is required if the construction or modification would be more than 200 feet above ground level and, in other circumstances, within 20,000 feet of instrument equipped public airports, or, in other circumstances, within 10,000 feet of airports with shorter runways. The FAA requires 30 days' notice prior to construction of a tower, construction that may cause electromagnetic interference or that may cause transmitted signals to be reflected upon ground-based or airborne air navigation or communications equipment. Upon review of the proposed construction or modification, the FAA may order an aeronautical study and will ultimately determine whether the construction or modification represents a hazard to air navigation. Obstructions to air navigation may be subject to FAA standards on location, marking and lighting.

(13) 

No tower or accessory structure shall be illuminated unless required by the Federal Aviation Administration (FAA) or elsewhere Mercy Flight Central deems it to be appropriate to identify towers for air-ambulance flights. In the instance where Mercy Flight deems lighting to be warranted, one L 810 double-obstruction light shall be provided.

(14) 

The tower, all attachments, antennas and accessory equipment and structures shall either be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar color at or below the tree line and designed to blend into the natural surroundings below the surrounding tree line unless other colors are mandated by the FAA for the tower.

(15) 

All tower guys shall be designed to provide ice shattering to prevent damage to preforms at guy cable terminus.

(16) 

Each personal wireless telecommunications facility base and accessory structure(s) shall be adequately screened from any adjacent public right-of-way. To accomplish this screening, at least one row of native evergreen shrubs or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 10 feet in height, within two years of planting shall be required and maintained.

(17) 

All utility connections shall, to the greatest extent practical, be buried. This requirement may be waived, in whole or in part, by the Planning Board, if, in its opinion, such underground facilities would be impractical due to natural conditions.

(18) 

The applicant shall comply with Federal Communications Commission (FCC) regulations. Any determinations by the FCC that radio emissions exceed permitted FCC standards shall immediately terminate the special use permit.

(19) 

Unless specified elsewhere in these regulations, a special use permit for the erection and maintenance of a communications tower shall be for a maximum of two years. Such special use permit shall be considered for renewal based upon the terms and conditions imposed with the original permit. Where compliance has been shown, the Planning Board may issue a special use permit for an additional two-year period.

(20) 

In the event that a communications tower is no longer used for the purpose specified in the application or the communications facility ceases operation for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 120 days if found to be in a safe condition. In the event that the Code Enforcement Officer finds the tower not to be in a safe condition, written notice to this effect shall be given to the applicant and to the owner of the property directing removal of said tower within 30 days of receipt of written notice. The applicant and/or the property owner shall be required to restore the site to the condition then existing on the approval date of the initial special use permit, absent grading and plantings required above herein.

(21) 

The applicant shall provide an automatically renewing security bond to the Town of Canandaigua which shall be in an amount adequate to guarantee that the tower and related site improvements are built, maintained and removed in accordance with the conditions imposed by the Town of Canandaigua and the special use permit. Said security bond shall be in a form and of a sufficient amount which is subject to approval of the Town Attorney. The Town Attorney shall establish an amount of security upon consultation with the Town Engineer.

(22) 

All facilities shall have a backup source of power suitable for sustaining uninterrupted service to the public during periods of power outages. The Planning Board shall require either a power generator or battery pack source of energy capable of sustaining 24 hours of service.

(23) 

All facilities shall allow shared use of emergency communications equipment, at no charge, provided that the equipment and antennas to be added to the tower do not interfere with the existing equipment or overload the design for the tower.

(24) 

Each tower constructed shall be designed to accommodate up to three telecommunications providers.

(25) 

Access to towers and facilities shall be from access points established as part of site plan approval.

(26) 

Accessory equipment may be located within an existing building or in a newly constructed building when limited to 400 square feet in gross floor area. Where co-location of antennas occurs, each separate provider shall be entitled to one building of up to 400 square feet in area.

(27) 

Each application for a special use permit or site plan approval for a personal wireless telecommunications facility shall be accompanied by a plan which shall reference all existing personal wireless telecommunications facilities in the applicant's Town of Canandaigua inventory, any such facilities in the abutting Towns which provide service to areas within the Town of Canandaigua, any changes proposed within the following twenty-four-month period, including plans for new locations and the discontinuance or relocation of existing personal wireless telecommunications facilities.

B. 

Additional prerequisite which the Planning Board shall consider prior to taking action to issue a special use permit for personal wireless telecommunications facilities: a report from a professional engineer which shall:

(1) 

Describe the need in the Town for the proposed structure, its installation and use.

(2) 

Describe the appropriateness of the proposed site, including factors such as the following:

(a) 

Availability of alternative, less intrusive sites or opportunities for co-location.

(b) 

Physical features and the general character, present and probably future use and density of development in the neighborhood.

(c) 

Distance from existing and planned residential development and public rights-of-way.

(d) 

Suitability and adaptability of the site for the proposed structure, considering, for example, the topography, natural buffers, screening and fencing.

(e) 

Size of the site chosen for the proposed facilities, keeping in mind a parcel with an unoccupied area of sufficient size so that all portions of the site could accommodate a toppled tower.

(f) 

Noise, glare, vibration, electrical disturbance or other objectionable consequences of the proposed installation.

(g) 

The effect of the proposed facilities and use on the other properties in the neighborhood, whether such installation or use will materially affect the value, use or enjoyment of neighboring properties.

(3) 

Identify the geographic coordinates of the tower as further defined on the applicant's FCC license application using either North American Datum (NAD-27) or (NAD-83); and clearly state on the site plan and special use permit application which datum is being used.

(4) 

Demonstrate that the tower is structurally sound.

(5) 

Describe how many and what kind of antennas are proposed and how many and what kinds of antennas are possible on the tower.

(6) 

Demonstrate that the site can contain on site substantially all icefall or debris from tower failure.

(7) 

Include a copy of the applicant's FCC construction permit, including any requirements from the Federal Aviation Administration (FAA).

(8) 

Include a copy of the certificate of need issued by the Public Service Commission.

(9) 

Include a letter of intent committing the tower owner to negotiate in good faith for shared use by the third parties in the future. This letter, which shall be filed with the Town Development Office prior to the issuance of a special use permit by the Planning Board, shall commit the tower owner and his or her successors in interest to:

(a) 

Respond in a timely manner to a request for information from a potential shared use or co-location antenna.

(b) 

Negotiate in good faith for shared use by third parties.

(c) 

Allow shared use if an applicant agrees, in writing, to pay reasonable charges.

(d) 

Make no more than a reasonable charge for shared use, based upon generally acceptable accounting principles.

(10) 

Evidence that existing facilities do not have space on which planned equipment can be placed so it can function effectively. This shall include, but not be limited to, the following:

(a) 

The applicant shall contact the owners of all existing or approved towers.

(b) 

The applicant shall provide each contacted owner with the engineer's report required herein.

(c) 

The applicant shall request each contacted owner to assess the following:

[1] 

Whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing structural instability or electromagnetic interference;

[2] 

If the antenna cannot be accommodated, assess whether the existing tower could be structurally strengthened or whether the antennas and related equipment could be protected from interference;

[3] 

Whether the owner is willing to make space available; and

[4] 

The projected cost of shared use.

(11) 

Include a complete environmental assessment and visual addendum which include:

(a) 

How the facilities can be blended with the view shed, including any attempts at camouflage; and

(b) 

Computer-enhanced photos of the proposed tower, both before and after construction, from all adjacent public rights-of-way.

C. 

Additional prerequisites for the Planning Board to consider prior to taking action to issue a site plan approval for personal wireless telecommunications facilities:

(1) 

A site plan map shall be prepared, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:

(a) 

The location of property lines and permanents easements;

(b) 

The location of the communications tower, together with guy wires and guy anchors and accessory site features such as building, access, power, telephone and landscaping of the site;

(c) 

A side elevation or other sketch of the communications tower showing the proposed antennas;

(d) 

The locations of all structures on the property and on any adjacent property within 10 feet of the property line, together with the distance of these structures to the proposed communications tower;

(e) 

The names of adjacent landowners;

(f) 

The location, nature and extent of any proposed fencing, utility easements and access road; and

(g) 

A viewshed map or visual simulation showing the view from surrounding properties of the proposed communications tower and antennas.