(a) All telecommunications facilities require approval by the Planning Board prior to construction or colocation.
(b) In the event that a telecommunications facility is proposed to be located on a structure/building, or an accessory structure associated with the telecommunications facility is proposed, a building permit issued by the Building and Fire Prevention Department will be required, but only after having been reviewed and approved by the Planning Board. Exception: one- and two-family homes and townhouses. See Forms, Permits and Applications for more information.

(2) Colocated antennas. Telecommunications facilities comprised of colocated antennas utilizing existing buildings or structures other than towers shall be permitted in any district upon the issuance of a building permit. Colocated antennas on existing towers shall be permitted in any district upon the granting of site plan approval by the Planning Board in accordance with the standards set forth in the Town Code.
(3) New towers. Prior to requesting permission from the Planning Board to construct a new tower, the applicant must satisfy the Planning Board that there is not a technologically feasible and available location on an existing cellular tower or existing high structure or municipal, government-owned or school district property. Telecommunications facilities requiring construction of a new tower also shall be deemed a permitted use in any district, but shall require the following permits and/or approvals:

(a) On municipal or government-owned property at any height, a tower shall be permitted upon the issuance of a building permit in accordance with the standards set forth in the Town Code.
(b) In industrial districts where the proposed tower is 150 feet or less in height, or in any nonresidential district where the proposed tower location is more than 1/4 mile from any adjoining residential use and the proposed tower is 150 feet or less in height, site plan approval from the Planning Board shall be required in accordance with the standards set forth in the Town Code.
(c) In all other districts and locations, telecommunications facilities requiring construction of a new tower shall require, in addition to site plan approval, a tower permit from the Planning Board in accordance with the standards set forth in this section.

[1] For each telecommunications facility requiring only a building permit, the applicant shall submit a written application and such other supporting materials as are generally required for such permits under § 295-57 of this chapter.
[2] For each telecommunications facility requiring a tower permit, the applicant shall submit a written application for such permit to the Planning Board on a form prescribed by the Planning Board.
[3] Each applicant for a telecommunications facility, other than a telecommunication facility requiring only the issuance of a building permit, shall submit an environmental assessment form (long form), with visual addendum, and an analysis demonstrating that location of the telecommunications facility as proposed is necessary to meet the frequency re-use and spacing needs of the applicant's telecommunications system and to provide adequate service and coverage to the intended area. In addition, each applicant shall submit a site plan prepared to scale in sufficient detail and accuracy showing at a minimum:

[a] The exact location of the proposed telecommunications facility and/or tower, together with any guy wires and guy anchors, if applicable.
[b] The maximum height of the proposed telecommunications facility and/or tower.
[c] A detail of tower type (monopole, guyed, freestanding or other).
[d] The location, type and intensity of any lighting on the tower.
[e] Property boundaries and names of adjacent landowners.
[f] Proof of the landowner's consent if the applicant does not own the property.
[g] The location of all other structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of those structures to any proposed tower.
[h] The location, nature and extent of any proposed fencing, landscaping and/or screening.
[i] The location and nature of proposed utility easements and access road, if applicable.
[j] A grid or map of all of the applicant's existing telecommunications facility site areas in the Town of Henrietta and site areas proposed or projected by the applicant for installations for a period of two years.

Additional requirements and standards.

(1) The following criteria and additional requirements shall apply to each application for site plan approval for a telecommunications facility:

(a) Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property in order to contain on site substantially all ice fall or debris from tower failure. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent residential property line equal to the tower height plus 25 feet and a setback of at least 50 feet from any other adjacent property line shall be deemed adequate. The required setbacks may be decreased in those instances when the applicant has submitted plans for a tower designed to minimize damage to adjacent properties in the event of a structural failure. Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.
(b) Future shared use of new towers. In the interest of minimizing the number of new towers, the Planning Board may require, as a condition of either site plan or tower permit approval, that the applicant indicate in writing its commitment to colocation of telecommunications facilities and that the applicant will design the tower to have a minimum height and carrying capacity needed to provide future shared usage. The condition for colocation may not be required if the applicant demonstrates that the provisions of future shared usage are not feasible or impose an unnecessary burden based upon the number of Federal Communications Commission (FCC) licenses foreseeably available for the area, the kind of tower site and structure proposed, the number of existing and potential licensees without tower spaces, available spaces on other existing and approved towers and potential adverse visual impacts by a tower designed for shared usage.
(c) Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:

[1] Existing on-site vegetation shall be preserved to the maximum extent possible. A tree survey showing all trees of four-inch caliper or greater shall be conducted and mapped and submitted as part of the development plan.
[2] The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. All parcels with a tower located thereon shall have a fifty-foot buffer zone planted with such landscaping or other form of buffering as the Planning Board shall reasonably require.
[3] The Planning Board may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that towers should not be artificially lighted, except as required by the FAA.
[4] The tower shall be of a galvanized finish or painted matte grey unless otherwise required by the FAA, and accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings.
[5] No tower or facility shall contain any advertising signs or advertising devices except signage identifying a health or general welfare message and owner(s) name and contact information intended solely for the protection of the general public.
[6] All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.

[1] A road turnaround and two parking spaces shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting, and road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
[2] All towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism.
[3] The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
[4] Upon written request from the town, the applicant shall provide a certification from a qualified, licensed engineer certifying that the tower or telecommunications facility meets applicable structural safety standards.
[5] Applicant must provide to the Town an intrusion plan.

(e) Removal of obsolete/unused facilities. The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for six consecutive months. Removal of such obsolete and/or unused towers or antennas and restoration of the site to its original condition shall take place within six days of receipt of written notice from the Town Board. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to colocate on the tower or telecommunications facility.

(2) The following criteria and additional requirements shall apply to each application for a tower permit:

(a) Height. The building height regulations otherwise applicable in the underlying district shall not apply to towers, provided that the applicant submits sufficient information to justify the proposed height as the minimum necessary to achieve its coverage objectives. In no event, however, shall any tower (including those requiring only site plan approval) exceed a height of 250 feet without first obtaining a height variance from the Zoning Board of Appeals.
(b) Shared use of existing towers and/or structures. At all times, shared use of existing towers and/or structures, e.g. municipal water tank, buildings, towers, etc., shall be preferred to the construction of new towers. An applicant for a tower permit shall present a report inventorying existing towers within a reasonable distance (two to four miles) of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower. The applicant shall submit documentation demonstrating good faith efforts to secure shared use on existing towers or structures as well as financial reasons why shared usage is not proposed. Written requests for shared use shall be provided where applicable. The applicant shall also demonstrate efforts to locate a new tower on the same site as an existing tower or structure, if it is not colocating on the existing tower or structure. Emergency service use colocated on a tower shall be rent free.
(c) The Town may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.

Annual report. The applicant or its successors or assigns shall file annually with the Town on the second day of January following approval of the telecommunications facility a written report certifying that the applicant or its successors or assigns are complying with its maintenance and inspection procedures and records system and that the telecommunications facility is not a hazard or a threatened hazard to the health and safety of the public.

Exemptions.

(1) The following types of telecommunications facilities are not subject to the provisions of this section:

(a) Antennas used solely for residential household television and radio reception and involving a structure with a height less than 15 feet above existing grade or, if attached to a structure, 15 feet above the maximum height of the building.
(b) Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location. (Note: FCC rule regarding preemption of local zoning regulations for satellite antennas, 47 CFR Part 25.)
(c) Facilities under the control or ownership of and used exclusively by a public or governmental agency.
(d) Lawful or approved use and existing prior to the effective date of this section; however, no telecommunications facility shall be modified unless in conformity with this section.

(2) In addition, telecommunications facilities may be repaired and maintained without restrictions.