Village of Elmira Heights, NY Tower Special Use Permit and Applications

All applicants for a tower special use permit shall make a written application for special use permit to the Village of Elmira Heights Zoning Board of Appeals. Said application shall include:

(1)

A completed tower special use permit application form.

(a)

In addition to the requirements set forth herein, all applications shall be processed in accordance with the requirements of the local law of the Village of Elmira Heights generally applicable to special use permits.

(b)

The application shall be accompanied by the payment of the tower special use permit application fee, as established by the Village Board, which tower special use permit fee is hereby established at $4,000.

(2)

A special use permit application form, including a short-form Environmental Assessment Form (EAF). The application shall not be deemed complete unless accompanied by the "propagation studies" and "search ring analysis" described in Subsection A(4) and (5) of this section.

(3)

A site plan, in the form and content acceptable to the Village of Elmira Heights Zoning Board of Appeals, prepared to scale and in sufficient detail and accuracy. At minimum, such site plan shall include:

(a)

The exact location of the proposed tower, together with guy wires and ground anchors, if applicable, and any accessory structures.

(b)

The maximum height of the proposed tower and antennas.

(c)

A detail of tower type (monopole, guyed, freestanding or other).

(d)

The color or colors of the towers.

(e)

The location, type and intensity of any lighting on the tower and antennas.

(f)

A survey showing the boundary of the property and a topographical map of the property with contour lines not exceeding five-foot intervals.

(g)

Proof of ownership of the land by the applicant or the landowner's consent if the applicant will not own the property. A copy of the final lease agreement, plus any amendments thereto, must also be provided if the applicant will not own the property.

(h)

The location of all current and proposed structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower and antennas and location of any residential dwellings and other buildings within 250 feet.

(i)

Identification of adjacent landowners.

(j)

The location, nature and extent of any proposed fencing and landscaping or screening. Existing on-site vegetation shall be preserved to the maximum extent possible.

(k)

The location and nature of proposed utility easements and access roads, if applicable. The applicant must demonstrate that all access roads will be maintained in order to ensure access by emergency vehicles on a year-round basis.

(l)

Building elevations of accessory structures or immediately adjacent buildings within 50 feet.

(4)

Before and after propagation studies, prepared by a qualified radio frequency engineer (signed and sealed by a professional engineer licensed in the State of New York), demonstrating signal coverage resulting from the proposed telecommunications facility.

(5)

A search ring analysis prepared by a qualified radio frequency engineer (signed and sealed by a professional engineer licensed in the State of New York) and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Village of Elmira Heights Zoning Board of Appeals how and why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring, which would have allowed for co-located antenna(s), and to what extent the applicant explored locating the proposed tower and antennas in a more desirable use district. Proof of correspondence with other telecommunications companies concerning co-location shall be part of this requirement.

The Village of Elmira Heights Zoning Board of Appeals, upon reviewing the application, may request reasonable additional visual and aesthetic and site information, as it deems appropriate, on a case-by-case basis. Such additional information may include, among other things, visual impact statements, enhanced landscaping plans, line-of-sight drawings and/or visual simulations from viewpoints selected by the Village Zoning Board of Appeals.

For sites in close proximity to significant historical sites or important preservation/conservation areas, the Village of Elmira Heights Zoning Board of Appeals may request additional site plans and tower special use permit requirements. These requirements may include specially designed towers, additional screening, greater setbacks and improved landscaping. Siting in these areas should be avoided to the maximum extent possible.

The applicant must submit a copy of the applicant's policy regarding co-location of other facilities on the proposed tower. Such policy shall allow co-location under the following conditions:

(1)

The new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment;

(2)

The party desiring to co-locate pays the applicant an appropriate and reasonable sum to co-locate; and

(3)

The party desiring to co-locate has a similar policy of co-location to the applicant.

During the application process and after construction of the tower, the 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 American National Standards Institute (ANSI) structural safety standards.