A.
All newly constructed, relocated, rebuilt, or extended communication
towers and facilities shall comply with the provisions of this chapter.
No person shall site, construct, maintain or use a communication tower,
antenna, or related facilities without complying with the provisions
of this article.
B.
The Board is the officially designated agency of the City to whom
applications for a SUP for WTF shall be made and, as such, is authorized
to review, analyze, evaluate and make decisions with respect to the
granting or not granting, recertifying or not recertifying, or revoking
SUP for WTF.
A.
Parties. An application for a SUP for WTF shall be signed on behalf
of the applicant by the person preparing the same with knowledge of
the contents and representations made therein and attesting to the
truth and completeness of the information. The landowner, if different
than the applicant, shall also sign the application and shall agree
to remove any existing violations and make all existing telecommunications
facilities compliant, in terms of safety issues, with all applicable
local, state and federal telecommunications codes prior to issuance
of any SUP for a new facility.
B.
Contents. All applications for the construction or installation of
new WTF shall contain and include the following information:
(1)
Documentation that demonstrates the need for the WTF to provide service
primarily and essentially within the City, with service to adjacent
municipalities to not exceed 50% of the total area to be covered by
the proposed facility. Such documentation shall include propagation
studies and maps of the proposed site and all other planned, proposed,
in-service or existing sites in the City, and in all contiguous municipalities.
If the applicant is addressing a capacity issue, documentation must
be submitted to include, but not to be limited to the following: usage
and forecasted or present blockage; call volume, drive-test data and
results, including the date of the test, locations of the tests, and
signal strength results; and any other technical pertinent information;
(2)
The name, address, e-mail, and phone number of the person preparing
the report;
(3)
The name, address, e-mail, and phone number of the property owner,
operator, and applicant, and to include the legal form of the applicant;
(4)
The address and tax map parcel number of the proposed site;
(5)
The zoning district in which the site is situated;
(6)
Size of the property, stated both in square feet and lot line dimensions,
and a survey showing the location of all lot lines;
(7)
The distance to the nearest residential property;
(8)
The location, size, and height of all structures on the proposed
site;
(9)
The location and design of all site improvements and modifications
including, but not limited to, access road(s), screening and landscaping,
fencing, lighting, and signage;
(10)
The location, size, and height of all proposed and existing
antennas and all appurtenant structures;
(11)
The type, locations, and dimensions of all proposed and existing
landscaping and fencing for a new tower;
(12)
The number, type, and design of the proposed new tower and antenna
and the basis for the calculations of the tower's capacity to
accommodate multiple users;
(13)
A description of the tower and antenna(s) and all related structures,
fixtures, appurtenances, and apparatus, including height above preexisting
grade, materials, color, and lighting;
(14)
Certification that the NIER levels at the proposed site are
within the threshold levels adopted by the FCC;
(15)
Certification that the proposed antenna(s) will not cause interference
with other telecommunications facilities;
(16)
Copy of the FCC license applicable for the intended use of the
WTF;
(17)
Certification that the site is adequate to assure the stability
of the tower on the proposed site;
(18)
Statement in writing that the applicant's proposed WTF
shall be maintained in a safe manner, and in compliance with all conditions
of the SUP, without exception, unless specifically granted relief
by the Board in writing, as well as all applicable and permissible
local codes, ordinances, and regulations, including any and all applicable
City, state and federal laws, rules and regulations;
(19)
Written copy of an analysis, completed by a qualified individual
or organization, indicating if the WTF requires lighting under the
FAA rules and regulations;
(20)
Analysis and certification detailing the fall zone of the proposed
communication tower;
(21)
Analysis and certification indicating that the WTF complies
with the noise standard for WTF;
(22)
Written report demonstrating the applicant's meaningful
efforts to secure shared use of existing tower(s) or the use of alternative
sites, buildings or other structures within the City. Copies of written
requests and responses showing said efforts shall be provided to the
Board in the application, along with any letters of rejection stating
the reason for rejection;
(23)
Any other documentation required by the Board and/or its expert
necessary to review the application;
(24)
Where a certification is required herein, such certification
shall bear the signature and seal of a professional engineer licensed
in the state
(25)
As appropriate, the information above shall be shown on a site
plan and drawing prepared by a professional engineer licensed in the
state.
C.
SEQRA. An applicant shall be required to submit, together with its
application, a long-form environmental assessment form in compliance
with the State Environmental Quality Review Act.
D.
Visual impact. The application shall include a visual impact assessment
setting forth:
(1)
A zone of visibility map, which shall be provided in order to determine
locations from which the tower may be seen;
(2)
Balloon study showing pictorial representations of before and after
views from key viewpoints both inside and outside of the City, as
may be appropriate, including, but not limited to state highways and
other major roads; state and local parks; other public lands; and
designated historic sites and districts.
(3)
A demonstration that the WTF be sited so as to be the least visually
intrusive as is reasonably possible and thereby have the least adverse
visual effect on the environment and its character.
(4)
A showing of the use of materials, colors and textures to be affixed
to the WTF and tower so as to minimize its visual impact, which shall
include utilization of stealth technology as may be required by the
Board.
E.
False, misleading or incomplete information. The Board may, at their
discretion, deny any application without further consideration upon
a finding that the information provided in the application is false,
misleading or incomplete.
F.
Fees.
(1)
Upon an application for a SUP for a new WTF or to increase the height
of a tower or structure, a nonrefundable fee in the amount of $5,000
shall be paid to the City.
(2)
Upon an application for a SUP seeking co-location on an existing
tower or other suitable existing building, where no increase in height
of the tower or structure is required, a nonrefundable fee in the
amount $2,500 shall be paid to the City.
