The following criteria will be considered by the Village of Owego Zoning
Board of Appeals prior to the approval/denial of a request for a tower special
use permit. The criteria listed may be used as a basis to impose reasonable
conditions on the applicant. Tower special use permits run with the land and
may not be transferred to a different parcel of land.
A.
The Village of Owego Zoning Board of Appeals may express
a preference for an alternative site(s) and/or that the proposed telecommunications
facility be located in a higher intensity use district or on higher intensity
use property, provided that there is a technologically feasible and available
location. A guideline for the village's preference, from most desirable
to least desirable zoning district/property, is as follows:
(1)
Property with an existing structure suitable for collocation.
(2)
Municipal- or government-owned property.
(3)
Industrial (I) zoning districts.
(4)
Business (B) zoning districts.
(5)
Residential (R) zoning districts.
(6)
Sites which are in close proximity to significant historic
sites and/or important preservation/conservation areas.
B.
Any request by the Village of Owego Zoning Board of Appeals
for information or technical analysis on a preferred alternate site shall
be provided by the applicant at its sole cost.
A.
Telecommunications facilities shall be located and buffered
to the maximum extent that is practical and technologically feasible to help
ensure compatibility with surrounding land uses.
B.
In order to minimize any adverse aesthetic effect on
neighboring residences to the extent possible, the Village of Owego Zoning
Board of Appeals may impose reasonable conditions on the applicant, including,
but not limited to, the following:
(1)
Tower height, including antennas, and design are matters
of primary public concern. The Village of Owego Zoning Board of Appeals may
require a monopole or guyed tower (if sufficient land is available to the
applicant) instead of a freestanding tower. Monopoles are a preferred design.
The Village of Owego Zoning Board of Appeals may impose reasonable restrictions
and/or conditions on height. For example, the Zoning Board may reasonably
determine that adverse impact upon the community will be best mitigated by
requiring the applicant to construct multiple towers of lower height at several
different locations to meet the applicant's demonstrated service coverage
requirement(s).
(2)
The Village of Owego Zoning Board of Appeals may require
reasonable landscaping consisting of trees or shrubs to screen the base of
the tower and antennas and/or to screen the tower and any accessory structure
or buildings to the extent possible from adjacent residential property. Existing
on-site trees and vegetation shall be preserved to the maximum extent possible.
(3)
The Village of Owego Zoning Board of Appeals shall require
the applicant to show that it has made good-faith efforts to collocate on
existing towers or other available and appropriate structures and/or to construct
new towers near existing towers in an effort to consolidate visual disturbances.
(4)
The type of finish, color and lighting shall be subject
to village and/or FAA approval. The Village of Owego Zoning Board of Appeals
may require lights to be shielded to minimize ground visual impact.
(5)
No tower shall contain any signs or advertising devices.
Notwithstanding the foregoing, the Zoning Board may require appropriate signage
indicating ownership of the facility and phone numbers to call in case of
emergency.
A.
The Village of Owego Zoning Board of Appeals shall impose
a condition on the applicant that the communications antenna will be operated
only at Federal Communication Commission (FCC) designated frequencies and
power levels and/or Environmental Protection Agency (EPA) technical exposure
limits, and may periodically require that the applicant provide competent
documentation to support that maximum allowable frequencies, power levels
and exposure limits for radiation will not be exceeded.
B.
Unless otherwise preempted by federal or state law, the
applicant shall submit to the Building Inspector an inspection of the telecommunications
facility every two years, for radio emissions. A New York State licensed professional
engineer specializing in electrical engineering with expertise in radio communications
facilities shall perform radio emission inspections. The radio emission inspection
shall describe the power density levels of the electromagnetic energy generated
from the facility, including the cumulative effects of collocated antennas.
In the event that the radio emission inspection indicates that the electromagnetic
energy generated from the facility is above the allowable limits stated with
applicable FCC or ANSI standards or other applicable federal or state guidelines
in effect at the time of the inspection, the applicant shall cease all use
of the facility until such times as it proves, to the satisfaction of the
Building Inspector, or pertinent village consultant, that the power density
levels of the electromagnetic energy to be generated at the facility are below
the applicable standards.
A.
A road turnaround and one parking space shall be provided
to assure adequate year-round emergency and service access. Maximum use of
existing roads, public or private, shall be made for access. Tower or antenna(s)
accessory structures shall not be sited in public roadways or road rights-of-way.
B.
All towers and ground anchors, if applicable, shall be
enclosed by a fence not less than eight feet in height and otherwise sufficiently
protected from trespassing or vandalism.
C.
The applicant must comply with all applicable state and
federal regulations, including, but not limited to, FAA and FCC regulations,
and from time to time may be required to provide certification of such compliance.
D.
All towers and antennas shall include anti-climbing devices
for a minimum of 25 feet extending above ground level.
A.
The applicant shall agree in writing to remove the tower
and antenna if the telecommunications facility ceases to be used for its intended
purpose for 12 consecutive months. The Village of Owego Zoning Board of Appeals
shall require the applicant to provide an appropriate and adequate demolition
bond for the purpose of removing the telecommunications facility and restoration
of the land in case the applicant fails to do so as required above.
B.
At least every five years, the applicant shall submit
an analysis to confirm the sufficiency of the demolition bond and a report
of the cost of removal and property restoration, which are to be performed
by a New York State licensed professional engineer, at the applicant's
expense. If the analysis and report determine that the amount of the bond
in force is insufficient to cover the removal, disposal and restoration costs,
the bond shall be increased to the amount necessary to cover such costs within
10 days of applicant's receipt of such report.
A.
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.
B.
Unless otherwise preempted by federal or state law, the
telecommunications facility shall be inspected every two years, at the applicant's
expense, for structural integrity. A copy of the report shall be promptly
delivered to the Building Inspector. A New York State licensed professional
engineer specializing in structural engineering shall perform the structural
inspection. The structural inspection report shall describe the structural
integrity of the facility, maintenance issues and repairs needed or made,
if any. In the event that the structural inspection indicates structural deficiencies,
then the deficiencies must be remedied within the time reasonably set by the
Building Inspector. Upon the applicant's failure to do so, the permit
may be revoked.
All telecommunications facilities shall be maintained in good order
and repair. The Village of Owego Zoning Board of Appeals may require reasonable
records of such maintenance be kept and available for village review upon
request.
