The Village of Owego Zoning Board of Appeals shall be the issuing agency
for all tower special use permits and shall also be the lead agency for SEQRA.
A.
All applicants for a tower special use permit shall make
a written application for Special Use Permit to the Village of Owego Zoning
Board of Appeals. Said application shall include:
(1)
A completed tower special use permit application form.
(a)
In addition to the requirements set forth herein, all
applications shall be processed in accordance with the requirements of the
Code of the Village of Owego generally applicable to Special Use Permits,[1] which Code may require a review by more than one village board,
commission or agency (i.e., Architectural Review Committee, Owego Historic
Preservation Commission, Owego Village Planning Board, etc.).
(b)
The application shall be accompanied by the payment of
the tower special use permit application fee, as established by the Village
Board, which tower special use permit fee is hereby established at $4,000.
(3)
A site plan, in the form and content acceptable to the
Village of Owego Zoning Board of Appeals, prepared to scale and in sufficient
detail and accuracy. At minimum, such site plan shall include:
(a)
The exact location of the proposed tower, together with
guy wires and ground anchors, if applicable, and any accessory structures.
(b)
The maximum height of the proposed tower and antennas.
(c)
A detail of tower type (monopole, guyed, freestanding
or other).
(d)
The color or colors of the towers.
(e)
The location, type and intensity of any lighting on the
tower and antennas.
(f)
A survey showing the boundary of the property and a topographical
map of the property with contour lines not exceeding five-foot intervals.
(g)
Proof of ownership of the land by the applicant or the
landowner's consent if the applicant will not own the property. A copy
of the final lease agreement, plus any amendments thereto, must also be provided
if the applicant will not own the property.
(h)
The location of all current and proposed structures on
the property and all structures on any adjacent property within 50 feet of
the property lines, together with the distance of these structures to the
tower and antennas and location of any adjacent residential dwellings, schools
and historic structures within 500 feet.
(i)
Identification of adjacent landowners.
(j)
The location, nature and extent of any proposed fencing
and landscaping or screening. Existing on-site vegetation shall be preserved
to the maximum extent possible.
(k)
The location and nature of proposed utility easements
and access road, if applicable. The applicant must demonstrate that all private
access roads will be maintained in order to ensure access by emergency vehicles
on a year-round basis.
(l)
Building elevations of accessory structures or immediately
adjacent buildings within 50 feet.
(4)
"Before" and "after" propagation studies prepared by
a qualified radio frequency engineer (signed and sealed by a Professional
Engineer licensed in the State of New York) demonstrating signal coverage
resulting from the proposed tele-communications facility.
(5)
A "search ring" analysis prepared by a qualified radio
frequency engineer (signed and sealed by a professional engineer licensed
in the State of New York) and overlaid on an appropriate background map demonstrating
the area within which the telecommunications facility 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 Village of Owego Zoning Board
of Appeals how and why it selected the proposed site, discuss the availability
(or lack of availability) of a suitable structure within the search ring,
which would have allowed for collocated antenna(s), and to what extent the
applicant explored locating the proposed tower and antennas in a more desirable
use district. Proof of correspondence with other telecommunications companies
concerning collocation shall be part of this requirement.
B.
The Village of Owego Zoning Board of Appeals, upon reviewing
the application, may request reasonable additional visual and aesthetic and
site information, as it deems appropriate on a case-by-case basis. Such additional
information may include, among other things, visual impact statements, enhanced
landscaping plans, line-of-sight drawings and/or visual simulations from viewpoints
selected by the village staff.
C.
For sites in close proximity to significant historical
sites or important preservation/conservation areas, the Village of Owego Zoning
Board of Appeals may request additional site plans and tower special use permit
requirements. These requirements may include specially designed towers, additional
screening, greater setbacks and improved landscaping. Siting in these areas
should be avoided to the maximum extent possible.
D.
The applicant must submit a copy of its policy regarding
collocation of other facilities on the proposed tower. Such policy shall allow
collocation under the following conditions:
(1)
The new antenna(s) and equipment do not exceed structural
loading requirements, interfere with tower space used or to be used by the
applicant nor pose any technical or radio frequency interference with existing
equipment;
(2)
The party desiring to collocate pays the applicant an
appropriate and reasonable sum to collocate; and
(3)
The party desiring to collocate has a similar policy
of collocation to the applicant.
E.
During the application process and after construction
of the tower, applicant shall provide a certification from a qualified New
York State licensed professional engineer, certifying that the tower and antennas
meet applicable New York State and ANSI structural safety standards.
Upon issuance of a tower special use permit by the Village of Owego Zoning Board of Appeals, the applicant must obtain a building permit, pursuant to § 184-6, before the facility may be placed in service.
