The following information is required in addition to the information
and documents mandated by the Code of the Town of Horseheads, Site
Plan Review Procedure. This information is subject to Planning Board review processes:
A. A full application on a form supplied by the Town, attested to by
a licensed professional engineer.
B. A long form environmental assessment form (EAF), including a site
description that identifies and describes:
(1)
The proposed communications tower and any facility, including
but not limited to:
(a)
The type of service and facilities to be provided;
(b)
The size of applicant's trading area (overall network area)
within the Town and five miles beyond, as licensed by the FCC;
(c)
The size of the area to be served;
(d)
The general service improvements to applicant's customer base
that will be achieved;
(e)
The need for and/or improvements in emergency communications
that will be achieved;
(f)
Any upgrading of necessary infrastructure (if any) for business
development within the proposed service area; and
(g)
The elimination of redundant facilities or equipment to be achieved
if the proposed application is approved;
(2)
Man-made topographical features at and within one mile of the
selected site;
(3)
Environmental resources on or adjacent to the selected site,
including but not limited to water bodies and wetlands;
(4)
Surrounding vegetation (i.e., tree species) at the selected
site;
(5)
Fencing around the proposed facility;
(6)
Building materials for equipment sheds;
(7)
Proposed visual impact mitigation measures and a description
of applicant's efforts to minimize visual impacts. If this objective
cannot be accomplished, applicant shall provide an explanation why
the minimization of visual impacts is technically impossible, providing
substantive evidence to support this claim. Increased costs associated
with minimizing visual impacts shall not be considered sufficient
support of a claim of impact mitigation infeasibility.
(8)
Applicant's compliance with the National Environmental Policy
Act of 1969 and the National Historic Preservation Act; and
(9)
All SEQRA involved agency permits required, as applicable.
C. The manufacturer's or applicant's design drawings pertaining to installation,
stamped by a licensed professional engineer.
D. The applicant's maintenance and inspection schedule.
E. Site access, road alignment, road width, road surface type, proposed
curb cuts, anticipated construction and operation vehicular traffic
to and from the site and construction parking and storage areas. Location
of the curb cut is subject to NYSDOT regulations or a Town highway
work permit.
F. Each application for installation of antennas shall include either
a preliminary or a certified statement that the installation of the
antennas, including reception and transmission functions, will not
interfere with the radio or television service enjoyed by adjacent
residential and nonresidential properties or with public safety telecommunications.
In the event only a preliminary statement is submitted with the application,
a final certified statement on noninterference will be provided and
approved by the Town prior to the issuance of a permit. A Town-approved
professional engineer shall prepare the statement.
G. A safety analysis and certification by a licensed professional engineer
that the proposed facility will be in compliance with all applicable
FAA and FCC laws and regulations.
H. Proof of the site owner's consent, if the applicant is not the owner
of the site on which the applicant seeks to locate a commercial facility.
I. The name of the operator, owner, lessee(s) to the application, with
correct direct contact information for the same.
J. A copy of applicant's FCC license.
K. Names and addresses of adjacent property owners, as contained in
public records.
L. An inventory of applicant's existing sites. Each applicant shall
provide a map showing applicant's FCC-licensed service area (within
the municipality and five miles beyond) with a separate map showing
applicant's inventory of its existing communications towers and antenna
sites within the Town and within one mile of the Town's border including,
for each such structure, specific information regarding the communications
tower and/or antenna height and the location, street address, tax
parcel, latitude and longitude and mean sea level height of the communications
tower base.
M. The location of any equipment or other facilities required by each of the potential co-locators or additional users, as provided for in §
204-101D.
N. A visual impacts study, generated by an appropriately licensed consultant,
that:
(1)
Complies with the NYS Department of State Model Visual Impact
Analysis methodology;
(3)
Describes the natural and man-made character of the area surrounding
the proposed facility's site, including identifying highways and residential
and commercial streets and roads, vegetation, land use and visually
sensitive sites, including but not limited to parks, historic sites
and public access facilities (such as trails and boat launches) within
a five-mile radius of the proposed facility's site;
(4)
Includes a computer-imaged photograph of any proposed communications
tower as it would appear on the site, including any proposed attachments,
from at least three different angles selected by the Town and during
all four seasons of the year;
(5)
Includes a list of key viewer groups, including but not limited
to residents, hikers, motorists, campers and boaters;
(6)
Identifies key viewpoints, such as public roads, recreation
areas and residential developments, with a determination whether the
viewpoints are stationary or moving and the view's duration;
(7)
Describes the width of the field of view and the horizontal
viewing angle;
(8)
States whether the view is through vegetation or open area;
(9)
Identifies the natural and man-made features that will be seen
by the view in the foreground (zero to 0.5 mile), middle ground (0.5
to 3.5 miles) and background (3.5 to five miles) views;
(10)
Includes a visual analysis map, line of sight profiles, and
visual simulation photographs keyed to the site map consistent with
visual analysis methodology;
(11)
Demonstrates applicant's compliance with the National Environmental
Policy Act of 1969 and the National Historic Preservation Act; and
(12)
Includes a description of applicant's efforts to minimize visual
impacts. If this objective cannot be accomplished, applicant shall
provide an explanation why the minimization of visual impacts is technically
impossible, providing substantive evidence to support this claim.
The Town may consider these efforts and require additional efforts
if there is a reasonable basis, in the Town's sole discretion, for
such requirement.
O. Applicant shall select a preferred alternative site based on the
lowest potential visual impact and the preferred alternative site's
technical and economic feasibility. Applicant shall provide the Town
with:
(1)
A signal propagation study for the preferred alternative site;
and
(2)
A detailed explanation supporting the preferred alternative
site's selection that includes a demonstrated need for service supported
by substantive evidence; environmental, visual and site impacts; initial
development and life-cycle costs; and an explanation of why other
alternative sites were not preferred.
P. Additional submission requirements for communications towers include:
(1)
Identification and description of an anti-climbing device.
(2)
A report from a licensed professional engineer which describes
the communications tower, including its height and design, demonstrates
the communications tower's compliance with applicable structural standards
(including but not limited to foundation design, wind loading and
guy wire plans) and describes the communications tower's capacity,
including the number and types of antennas it can accommodate.
(3)
A preliminary or a certified statement that the installation
of the communications tower will not interfere with the services enjoyed
by adjacent residential and nonresidential properties or with public
safety telecommunications. In the event only a preliminary statement
is submitted with the application, a final certified statement on
noninterference will be provided and approved by the Town prior to
the issuance of a permit. A Town-approved professional engineer shall
prepare the statement.
(4)
The site plan shall show distances between the proposed communications
tower structure and structures on adjoining properties within 750
feet, together with the names and addresses of all property owners
within 750 feet of the boundary of the property on which the communications
tower is proposed, as contained in the public records.
(5)
Identification and location of any communications towers located
within one mile of the proposed communications tower, regardless of
ownership.
(6)
As-built drawings, certified by a professional licensed engineer,
within 60 days after completion of the construction.
(7)
A demolition bond or other security acceptable to the Town for
the purpose of removing the communications tower if the owner fails
to do so upon the communications tower disuse for a period of six
months, or has been ordered removed by the Town because the communications
tower is no longer necessary to achieve or facilitate the applicant's
permitted use. Such bond or security shall be automatically renewable
on each anniversary until advised by the Town of Horseheads, in writing,
that it is no longer needed.
All facilities must meet or exceed all applicable federal, state
and local laws, rules, standards or regulations of the FCC and the
FAA. If such standards, rules, laws, or regulations are changed or
amended at any time in the future, then the owners of such facilities
shall bring those facilities into compliance with such revised regulations
if such changes or amendments provide for existing communications
towers and/or antennas to be brought into compliance.
The operator of every antenna shall submit to the Town of Horseheads
Planning Board copies of all licenses and permits required by other
agencies and governments with jurisdiction over the design, construction,
location and operation of such antenna and shall maintain such licenses
and permits and provide evidence of renewal or extension thereof when
granted.
Every permit granting approval of an antenna or communications
tower shall state that any assignment or transfer of the permit or
any rights thereunder may be made only upon 60 days' prior written
notice of such transfer or assignment to the Town. In the event of
noncompliance, the Town shall, in its sole discretion, revoke the
assignment, and such assignment shall become null and void, effective
immediately.
Abandoned or unused communications towers or portions of communications
towers shall be removed as follows:
A. The applicant shall remove all abandoned or unused communications
towers and associated facilities and subsurface features within six
months of the cessation of operations, unless the Planning Board approves
a time extension. If the applicant is not a landowner, a copy of the
relevant portions of a signed lease which requires the applicant to
remove the communications tower and associated facilities and subsurface
features upon cessation of operations at the site shall be submitted
at the time of application. In the event that a communications tower,
associated facilities and subsurface features are not removed within
six months of the cessation of operations at a site, the Town may,
at its discretion, provide for the restoration of the site in accordance
with the decommissioning plan and may recover all expenses incurred
for such activities from the defaulted property owner and/or operator.
The cost incurred by the Town may be assessed against the property,
shall become a lien and tax upon the property, and shall be enforced
and collected with interest by the same officer and in the same manner
as other taxes.
B. Unused portions of communications towers above a manufactured connection
shall be removed within six months of the time of antenna relocation.
The replacement of portions of a communication tower previously removed
requires the issuance of a new specific use permit.
The Town of Horseheads shall be exempt from this article, as
shall any ambulance, emergency services, police or fire protection
agencies.
Any person, firm or corporation who violates any provision of the terms and conditions set forth herein shall be guilty of a misdemeanor and shall be subject to penalties as set forth in the Code of the Town of Horseheads, Chapter
1, General Provisions, Article
II, General Penalty Interpretation.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, and whenever the
requirements of this article are at variance with the requirements
of any other lawfully adopted rules, regulation, local law, or building
codes, the most restrictive, or that imposing the higher standards,
shall prevail.