The Planning Commission of the Village of Port Chester is hereby designated
and empowered to review and pass upon all applications for construction and/or
installation of satellite antennas and towers within the Village of Port Chester.
A.
All applicants for permits to construct satellite antennas
and/or towers within the Village of Port Chester shall make written application
therefor to the Planning Commission. The application shall include, but not
be limited to the following:
(1)
Specific site data placed on a map, acceptable in form
and content to the Planning Commission, which shall be prepared to a scale
and in sufficient detail and accuracy so as to accurately depict the placement
of all component parts of the antenna or tower, including any guy wires or
enclosures, in relation to:
(a)
The location of property lines and permanent easements.
(b)
The location of all structures on the site and all structures
on any adjacent property within 10 feet of the property lines.
(c)
The location of all utility poles, above- and below-ground
utility lines, trees or other natural or artificial structures.
(d)
The location, nature and extent of any proposed fencing,
buffering, plantings or other screening measures, if any, proposed.
(3)
With respect to all towers proposed for use as wind energy
conversion systems, the following:
(a)
The total length of all blades or rotors.
(b)
The design output of the machine under optimum wind conditions.
(c)
Survival wind speed and any governing device or mechanism
to control blade speeds and/or to brake the blades.
(d)
Approvals of any federal, state or private testing or
certifying agencies.
(e)
A report prepared by a professional engineer licensed
in the State of New York, or at the option of the Planning Commission, the
manufacturer's design data and calculations required to certify the structural
adequacy of the tower, the guy wires, footings and other supporting structures,
and to certify compliance with the New York State Building Code. The report
shall also specify the expected behavior of the tower and equipment in a failure
mode.
(f)
Proposed anti-climb devices to be installed, if any.
(4)
Any other information which the Planning Commission deems
reasonable or necessary in order to review the application.
B.
Public hearing.
(1)
After receipt and review of a completed application,
the Planning Commission shall hold and conduct a public hearing upon the application,
and shall give 10 days public notice thereof in the official newspaper of
the village. In addition, notice shall be given personally by the applicant
to all landowners and/or residents within 200 feet of the site covered by
the application. Prior to such public hearing, all applications to the Planning
Commission may be referred to the consulting Village Engineer for review and
recommendations, the cost of such engineering review to be at the expense
of the applicant.
(2)
The Planning Commission shall review and consider the
application and shall determine whether or not the proposed antenna or tower
will:
(a)
In any way adversely effect the public health, safety
or welfare.
(b)
Interfere with the reasonable use and enjoyment or aesthetics
of abutting properties.
(c)
Will be in keeping and character with the use of abutting
properties.
(d)
Will impose a possibility of danger or detriment to abutting
properties.
(e)
Will generate an excessive amount of noise.
(3)
The Planning Commission, in granting any approval, may
require the applicant to provide adequate or suitable screening, fencing,
anti-climb protection or other protective measures as it deems necessary or
proper to reduce or eliminate aesthetic or safety concerns.
A.
If the application is approved by the Planning Commission, the applicant shall submit and file with the village, prior to the start of construction or prior to use, all Federal Communications Commission, NEC and Federal Aviation Administration and other state, federal or local permits or approvals which may be required for the construction of the antenna or tower, and shall submit to the village, upon completion of construction or installation, a certification that the construction or installation, as completed, is in full compliance with the manufacturer's suggested installation procedures, and that the antenna or tower is constructed or installed in conformity with the design data set forth in § 301-9 hereof.
