Pursuant to the authority conferred by the Village Law of the
State of New York and the Municipal Home Rule Law of the State of
New York, the Village Board of the Village of Elmira Heights, County
of Chemung and the State of New York, has ordained and does hereby
enact this chapter regulating and restricting the location, size and
use of telecommunications facilities and their accessory structures
in the Village of Elmira Heights.
A.
The Village of Elmira Heights recognizes the increased demand for
wireless communication transmitting facilities and the need for services
they provide. Often these facilities require the construction of a
communications tower and/or similar facilities.
B.
The intent of this chapter is to regulate the location, construction
and modification of the telecommunications facilities in accordance
with guidelines of the Telecommunications Act of 1996 and other applicable
laws by:
(1)
Accommodating the need for telecommunications towers/antennas while
regulating their location and number in the community.
(2)
Minimizing adverse visual impacts of these towers/antennas through
proper siting, design and screening.
(3)
Preserving and enhancing the positive aesthetic qualities of the
natural environment and current development in the Village of Elmira
Heights.
(4)
Providing for the health, safety and welfare of the community by
avoiding potential damage or other negative impact to adjacent properties
from power failure, falling ice, etc., through proper siting and engineering.
(5)
Requiring the joint use of towers when available and encouraging
the placement of antennas on existing structures to minimize the number
of such structures in the future.
