The Zoning Board of Appeals of the Town of Ogden is hereby designated
and empowered to review and pass upon all applications for construction
and/or installation of satellite antennas and towers within the Town
of Ogden.
A.
All applicants for permits to construct satellite antennas and/or
towers within the Town of Ogden shall make written application therefor
to the Zoning Board of Appeals. 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 Zoning Board of Appeals, which shall be prepared to 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:
[Amended 12-13-1995 by L.L. No. 9-1995]
(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.
(2)
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 Zoning Board of Appeals,
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 Uniform Fire Prevention and Building Code. The report shall
also specify the expected behavior of the tower and equipment in a
failure mode.
[Amended 12-13-1995 by L.L. No. 9-1995]
(f)
Proposed anti-climb devices to be installed, if any.
(3)
Any other information which the Zoning Board of Appeals deems reasonable
or necessary in order to review the application.
B.
Public hearing.
(1)
After receipt and review of a completed application, the Zoning Board
of Appeals shall hold and conduct a public hearing upon the application
and shall give 10 days public notice thereof in the official newspaper
of the Town. 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 Zoning Board of Appeals may be referred to the
Town Engineer for review and recommendations, the cost of such engineering
review to be at the expense of the applicant.
(2)
The Zoning Board of Appeals 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)
Be in keeping and character with the use of abutting properties;
(d)
Impose a possibility of danger or detriment to abutting properties;
and
(e)
Generate an excessive amount of noise.
(3)
The Zoning Board of Appeals, in granting any approval, may require
the applicant to provide adequate or suitable screening, fencing,
anticlimb protection or other protective measures as it deems necessary
or proper to reduce or eliminate aesthetic or safety concerns.
If the application is approved by the Zoning Board of Appeals, the applicant shall submit and file with the Town, prior to the start of construction or prior to use, all FCC, NEC, FAA 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 Town, 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 § 273-9 hereof.
