Village of Horseheads, NY Wireless Telecommunications Services Facilities

Subject to Village Board (or in the case of a small cell facility application, the Planning Board) review and evaluation of technological, structural, safety and financial considerations associated with alternative locations for the siting of wireless telecommunications services facilities, the following locational priorities shall apply in the order specified, consistent with the Village's obligation to create the least amount of adverse aesthetic impact and to preserve the scenic values of the Village:

On Village-owned sites, buildings and structures.

Co-location on an existing wireless telecommunications services facility or tower. Co-location shall be required unless it has been demonstrated to the satisfaction of the Village Board (or in the case of a small cell facility application, the Planning Board) that:

[1]

None of the existing wireless telecommunications services facilities or towers can accommodate the proposed wireless telecommunications services facility in a reasonable financially and technologically feasible manner consistent with the wireless communications service carrier's system requirements;

[2]

None of the existing wireless telecommunications services facilities or towers can accommodate the proposed wireless telecommunications services facility with respect to structural or other engineering limitations, including frequency incompatibilities; or

[3]

The owners of the existing wireless telecommunications services facilities or towers lawfully refuse to permit the applicant's use of the site.

On sites, buildings and structures located in the M-1 Zone.

On sites, buildings and structures in the C-3 Zone.

Except for co-location on an existing wireless telecommunications services facility or tower, new towers shall not be located in the R-1, R-1A, R2, R3, C1, C2, C3, L1 or P1 Zones.

Wherever possible, new wireless telecommunications services facilities shall be in the form of antennas attached to an existing building or structure and/or shall be in the form of stealth structures. Lattice towers shall be the structures of last resort.

All new wireless telecommunications services facilities and premises shall be of proper size, location and design to accommodate co-location of other wireless telecommunications service providers' facilities, unless otherwise permitted by the Village Board (or in the case of a small cell facility application, the Planning Board). To the maximum extent practicable, existing roadways shall be used to provide access to the site of a wireless telecommunications services facility.

Setbacks. Wireless telecommunications services facilities, except those structurally mounted to a utility pole or an existing building or structure, shall be located not less than two times the otherwise applicable setback requirements for principal structures for the zoning district in which the property is located, or not less than the height of the facility plus the otherwise applicable setback requirements for principal structures for the zoning district in which the property is located, whichever shall be greater. Wireless telecommunications services facilities structurally mounted to the roof of an existing building or structure shall be set back from the side of the building or structure, to the extent practical, so as to minimize its visibility.

Height limitations. Notwithstanding the following height limitations, in no case shall a wireless telecommunications services facility exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.

The height of any antennas, or other associated equipment, structurally mounted as part of a wireless telecommunications services facility shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment is affixed.

The height of any monopole or tower utilized in a wireless telecommunications services facility shall not exceed 150 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the structure.

Visual mitigation. Except in the case of a small cell facility, the applicant/provider shall prepare a visual impact assessment of the proposed wireless telecommunications services facility based upon appropriate modeling, photographic simulation and other pertinent analytical techniques as required by the Village Board. In the case of a small cell facility, the applicant/provider will supply to the Planning Board engineering drawings/photographs showing an existing/proposed utility pole or structure and how it would look after all equipment is installed. Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, stealth design, use of neutral or compatible coloring and materials, or alternative construction and transmission technologies, shall be required to minimize the visual impact of such facility from public thoroughfares, important viewsheds, vantage points and surrounding properties to the extent practicable, as determined by the Village Board (or in the case of a small cell facility application, the Planning Board), unless otherwise required by federal or state law, rule or regulation. No signs, banners, advertising, streamers, balloons or logos shall be displayed on any wireless telecommunications services facility except as may be required by federal law or the Village Board (or in the case of a small cell facility application, the Planning Board) for security or safety purposes. All equipment enclosures and storage buildings associated with the wireless telecommunications services facilities shall be consistent or compatible with adjacent buildings in terms of design, materials and colors and shall be appropriately landscaped.

Materials. A wireless telecommunications services facility shall be of galvanized finish or painted gray or another neutral or compatible color determined to be appropriate for the proposed location of such facility in the reasonable judgment of the Village Board (or in the case of a small cell facility application, the Planning Board). The mountings of wireless telecommunications antennas shall be nonreflective and of the appropriate color to blend with their background.

Lighting. The wireless telecommunications services facility shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.

Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the applicant must submit an affidavit prepared and signed by an RF engineer with knowledge regarding the project that the design and use of the proposed wireless telecommunications services facility, including its cumulative impact with other existing and approved facilities, will be compliant with applicable state and federal regulations in connection with human exposure to radio frequency emissions.

Noise. Noise-producing equipment shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line of the site of the wireless telecommunications facility.

Utility service. Electrical and land-based telephone lines extended to serve the wireless telecommunications services facility site shall be installed underground, except in the case of a small cell facility to be installed on an existing utility pole which currently carries such utility services. If the wireless telecommunications services facility is attached to a building, and if determined practical and economically feasible by the Village Board (or in the case of a small cell facility application, the Planning Board), all wires from the ground to said facility shall be located within the building. If permitted to be located outside said building, the wires shall be enclosed in a conduit whose materials and colors are consistent or compatible with the materials and color of the building.

Safety provisions. A wireless telecommunications services facility shall be designed and erected so that in the event of structural failure it will fall within the required setback area and the site of said facility, and, to the maximum extent possible, away from adjacent development.

Security provisions. A security program shall be formulated and implemented for the site of a wireless telecommunications services facility. Such program may include physical features such as fencing, anti-climbing devices or elevating ladders on monopoles and towers, and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.

Structural/safety inspection and report. A monopole or tower over 50 feet in height shall be inspected from a structural and safety perspective at the expense of the service provider by a licensed professional engineer whenever a modification is made which increases the load or at any other time upon a determination by the Code Enforcement Officer that the monopole or tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Code Enforcement Officer.

Lease agreement. In the case of an application for approval of a wireless telecommunications services facility to be located on lands or property owned by a party other than the applicant or the Village, a copy of the lease agreement, master lease agreement or memorandum of same with the property owner, absent the financial terms of such agreement, together with any subsequent amendment/modifications removal/replacement thereof, shall be provided to the Village Board (or in the case of a small cell facility application, the Planning Board).

Removal. A wireless telecommunications services facility shall be dismantled and removed from the property on which it is located within 60 days when it has been inoperative or abandoned for a period of one year or more from the date on which it ceased operation. The applicant shall provide to the Village written notification, including identification of the date the use of the facility was discontinued or abandoned by one or more of the service providers, acknowledgment of the requirement to remove the facility, and identification of plans for the future of the facility.

Application procedure.

An application for approval of a wireless telecommunications services facility shall be submitted on the relevant forms for special permit or small cell permit approval and shall be jointly filed by the operator of the wireless telecommunications services facility, and the owner of the property on which such facility is proposed to be located unless in the case of a small cell facility the applicant provides a copy of an applicable lease. A site plan drawing showing the location of the proposed facility shall accompany the application for special permit or small cell permit approval. Special permit approval by the Village Board in accordance with § 240-5 of this chapter shall be required (or in the case of a small cell facility application small cell permit approval, the Planning Board). Except in the case of small cell facilities, the Village may enlist the services of a radio frequency (RF) engineer and/or other relevant consultants, at the applicant's cost, for the review of the application.

The operator of the wireless telecommunications service, other than a small cell facility, shall submit a certificate of public utility, unless it can be demonstrated to the satisfaction of the Village Board that the operator of such facility is exempt from such requirement pursuant to New York State law. The operator of such facility shall also demonstrate to the satisfaction of the Village Board that there is a compelling public need for such facility at the location(s) proposed by the applicant. Such demonstration shall include the preparation of existing and master effective service area plans which:

Minimize the number of such facilities within the service area(s);

Maximize co-location of wireless telecommunications service facilities;

Identify all existing and proposed wireless telecommunications facilities which impact upon the service area covering the Village of Horseheads, including but not limited to topographic maps of the Village with service coverage and service gap grids and all proposed as well as other functionally acceptable locations for such facility(ies); and

Analyze feasible alternatives to reasonably minimize the visual impacts and exposure levels.

Where the owner of the property on which a wireless telecommunications services facility, other than a small cell facility, is proposed contemplates that such property may be used for the installation of two or more such facilities, the property owner shall submit a conceptual master plan identifying the total number and location of such facilities.

Any application for a wireless telecommunications services facility, other than a small cell facility, shall include a statement and appropriate documentation demonstrating that Village-owned sites, buildings and structures and the existing wireless telecommunications services facilities and radio towers have been reviewed to the extent relevant to provide wireless telecommunications services in the area which is the subject of such application and that all reasonable efforts have been made to locate or co-locate such facility on all Village-owned sites, buildings and structures and on all sites identified in such existing facilities inventory within the service area.

As a condition of special permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing and prepared to the satisfaction of the Village Attorney, acknowledging that it shall be required to allow the co-location of other future wireless telecommunications service facilities at fair market cost, unless otherwise unreasonably limited by technological, structural or other engineering considerations.

The applicant and all future owners of the premises and the wireless telecommunications services facility shall at all times keep on file in the office of the Village Clerk the name, address, and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner and operator to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the Village against such owner and/or operator(s).

§ 240-4 Small cell facilities.

Any installation of a small cell facility shall require either a special permit from the Village Board or a small cell permit from the Planning Board.

Special permit approval by the Village Board is required under § 240-3 for the following uses. All special permit applications must comply with the requirements set forth in § 240-3. All other installations of a small cell facility shall require a permit from the Planning Board.

A substantial change to an existing tower or base station, unless the Code Enforcement Officer has determined it is a modification to be reviewed by the Planning Board pursuant to § 240-4B below.

Any other application for placement, installation, collocation or construction of transmission equipment that does not constitute an eligible facilities request.

Installation of a new tower, including antenna, over 50 feet in height.

Placement of new antenna on an existing tower or base station that results in a substantial change to the tower or base station.

Installation of equipment located on a sidewalk or which obstructs a sidewalk.

Installation of equipment on a pole or structure, located at an elevation less than 15 feet from the ground.

(7)

Installation of a small cell facility on a pole or structure located within 40 feet of a dwelling unit.

Small cell permit from the Planning Board.

No person shall install a small cell facility without first filing a small cell facility application and obtaining a small cell permit from the Planning Board.

The Planning Board shall approve a small cell permit application concerning any eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure. An applicant shall assert, in writing, that its request is considered an eligible facilities request. The Planning Board may require the applicant to provide documentation or information only to the extent reasonably related to determine whether the request meets the requirements of an eligible facilities request.

The Planning Board may issue a permit for the following:

Collocation of a small cell facility or DAS facility on an existing tower, utility pole or streetlight not exceeding 50 feet in height on public or private property. Collocation of a small cell facility or DAS facility on an existing tower, utility pole or streetlight exceeding 50 feet in height shall require special permit approval. The small cell facility, as installed, shall not extend the existing tower, utility pole or streetlight to a height more than 50 feet or by more than 10%, whichever is greater.

Collocation on existing buildings within the Village of Horseheads.

Installation of a monopole or utility pole for a small cell or DAS facility in the public right-of-way that does not exceed 50 feet in height.

Small cell permit application for Planning Board approval. The small cell permit application shall be made by the wireless telecommunications provider or its duly authorized representative and shall contain the following:

The name, address, telephone number, and email address of the applicant, lessee, developer and owner of the property;

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

A general description of the proposed work, including an aerial map and photo simulations of the project site and the purpose of the work proposed.

Identify and disclose the number and locations of any small cell facilities that the applicant/lessee/developer has installed or locations considered in the past year for small cell facility infrastructure within the Village and those submitted or anticipated to be submitted within a one-year period.

A description of the anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the potential traffic safety and noise impact of such maintenance.

(f)

Any amendment to information contained in a small cell permit application shall be submitted, in writing, to the Village within 30 days after the change necessitating the amendment.

A wireless telecommunications provider shall pay to the Village an application fee and administrative fee as set forth in this chapter.

A wireless telecommunications provider is authorized, after 30 days' written notice to the Code Enforcement Officer, to remove its facility at any time from the rights-of-way and cease paying the Village the annual permit fee.

Location of small cell facility approved by the Planning Board.

The following locational priorities shall apply in the order specified, consistent with the Village's obligation to create the least amount of adverse aesthetic impact and to preserve the scenic values of the Village:

On the roof of any Village-owned or federal, state or local government owned buildings or structures.

Location on privately owned buildings.

Location on existing Village-owned utility poles.

Location on Village-owned infrastructure on private poles.

Location on existing Village-owned property, where there is no existing pole.

(f)

Location on existing privately owned utility poles.

(g)

Location on existing privately owned utility poles to be installed.

If the proposed site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of higher priority was not selected. The applicant seeking such an exemption must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit was not granted for the proposed use.

Small cell facility permit fees.

In order to ensure that the limited private use of the public right-of-way authorized herein does not become an additional cost to the Village, it is hereby determined by the Village Board that the following fees shall be charged to small cell permit applicants and small cell permit holders. Such fees may be changed from time to time by resolution of the Village Board.

The small cell permit application fee shall be $500 (nonrefundable) for up to five small cell facilities at one time and $100 for each simultaneous application beyond five small cell facilities due to the Village Code Enforcement Department upon submittal of an application for review. In the event the applicant proposes the placement of a new pole in a Village street, property or right-of-way, the applicant will pay a nonrefundable fee of $1,000 for each pole to support a small cell facility, which fee is due within 30 days of approval.

Annual right-of-way small cell permit fees:

For placement on existing or new private buildings, utility poles, infrastructure or property in a Village right-of-way: $250 per year per small cell facility.

For placement on existing or new Village-owned buildings, utility poles, infrastructure or property in a Village right-of-way: $270 per year per small cell facility.

For placement on existing or new private building, utility poles, infrastructure or property, but not on Village property or in a Village right-of-way: $0 per year per small cell facility.

Fee start date. The annual permit fee shall be due and payable June 2 of the year following approval. Failure to pay the annual permit fee shall result in the imposition of a penalty fee of 5%, additional collection fees, if necessary, and suspension or revocation of the permit.

Planning Board requirements as to aesthetics and neighborhood impact mitigation for small cell permits.

In order to preserve the character and integrity of Village neighborhoods, the Village Board finds that the following requirements are essential to protect the public health, safety and welfare, and scenic preservation:

New small cell facilities shall not be located in the Hanover District unless the applicant demonstrates to the Planning Board's reasonable satisfaction that the selected site is necessary to provide adequate service.

New small cell facilities shall include stealth technology designs, unless the Planning Board makes a written determination that such designs are not feasible.

The Planning Board may consider alternative locations for equipment, whether pole mounted or ground mounted.

All small cells facilities placed on any roof shall be set back at least 15 feet from the edge of the roof along any street frontage, unless the Planning Board makes a written determination waiving the setback requirement.

The Planning Board shall consider all impacts to sight lines and aesthetic views.

(f)

Except within the public right-of-way, all proposed poles, pole equipment and enclosures shall comply with the designated setback requirements.

(g)

Up to three small cells will be allowed per utility pole if technically feasible and if in the determination of the Planning Board there are no safety or aesthetic concerns. Small cell facilities must be designed and placed in an aesthetically pleasing manner to the reasonable satisfaction of the approving Planning Board.

(h)

No small cell facility placement shall be allowed on ornamental streetlighting poles as determined by the Village Code Enforcement Officer.

(i)

No small cell facilities shall obstruct pedestrian or vehicular traffic in any material adverse way.

(j)

Effective the effective date of this chapter, no utility pole or wireless telecommunications support structure, including antennas, installed in the public right-of-way, shall exceed 50 feet in height or, with regard to an existing utility pole or structure, exceed 50 feet or by more than 10% thereof, whichever is greater, unless special permit approval is obtained from the Village Board pursuant to § 240-3 of this chapter. A shorter pole may be required if the initial proposal is deemed out of character with the neighborhood as determined by the Planning Board.

(k)

Each new small cell facility, including antennas or other associated equipment, installed in the public right-of-way shall not exceed more than 10 feet above the existing utility pole or wireless telecommunications support structure on which it is being located, unless special permit approval is obtained from the Village Board pursuant to § 240-3 of this chapter.

The Secretary of the Planning Board shall forward a copy of the Planning Board decision to the Village Manager and Village Clerk-Treasurer to allow the Village to better assess the utility infrastructure for wireless telephone facilities and monitoring of payment of annual small cell facility permit fees.

Duration. Construction pursuant to a small cell permit issued by the Planning Board under this section must be commenced within 12 months of issuance of the small cell permit and diligently pursued thereafter, or such small cell permit shall expire without further action.

Routine maintenance and replacement. An application shall not be required for:

Routine maintenance; and

The replacement or upgrade of a small cell facility with another small cell facility that is same as or smaller in size and height at the same location, or does not substantially change the physical dimensions of an approved small cell facility.

Information updates. Any amendment to information contained in a small cell facility building/work permit application shall be submitted, in writing, to the Village within 30 days after the change necessitating the amendment. On an annual basis, the wireless telecommunications provider shall provide a list of its existing small cell facility locations within the Village.

Removal, relocation or modification of small cell facility in the public right-of-way.

Notice. Within 90 days following written notice from the Village, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small cell facilities within the public right-of-way whenever the Village has determined that such protection, support, temporary or permanent removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Village improvement in or upon, or the operations of the Village in or upon, the public right-of-way.

Abandonment of facilities. Upon abandonment of a small cell facility within the public rights-of-way of the Village, the wireless provider shall notify the Village within 90 days. Following receipt of such notice, the Village may direct the wireless provider to remove all or any portion of the small cell facility if the Village, or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare.

The processing of an application for such a small cell permit is subject to all of the following:

The service provider shall provide all the information and documentation required by this chapter to enable the Planning Board to make an informed decision with regard to the small cell facility application.

Within 10 days after receiving an initial application, the Planning Board shall notify the applicant, in writing, whether the application is complete. If incomplete, the notice will delineate all missing documents or information. The notice tolls the running of the time for approving or denying an application.

If the applicant makes an incomplete supplemental submission in response to the Planning Board's notice of incompleteness, the Planning Board will so notify the applicant, in writing, within 10 days, delineating the previous request and missing documents or information, if any. The time period for approval or denial is tolled in the case of second or subsequent notices.

The Planning Board shall approve, with or without conditions, or deny the application and notify the applicant, in writing, within the following period of time after the complete application is received:

Collocation. For an application for the collocation of a small cell facility on an existing structure: 60 days.

New or replacement pole or structure. For an application for a new utility pole or structure: 90 days.

Basis for denial. The Planning Board may deny a completed application for a proposed collocation of a small cell facility or installation, modification, or replacement of a utility pole if the proposed activity would do any of the following:

Materially interfere with the safe operation of traffic control equipment.

Materially interfere with sight lines or clear zones for transportation or pedestrians.

Materially interfere with compliance with the Americans with Disabilities Act[1] or similar federal, state or local standards regarding pedestrian access or movement.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Materially interfere with maintenance of full unobstructed use of public utility infrastructure.

Fail to comply with all other applicable codes.

Reasons for denial; resubmission. If the completed application is denied, the notice shall explain the reasons for the denial and, if applicable, cite the specific provisions of applicable codes on which the denial is based. The applicant may cure the deficiencies identified by the Planning Board and resubmit the application within 30 days after the denial with paying an additional application fee. The Planning Board shall approve or deny the revised application within 30 days. The Planning Board shall limit its review of the revised application to the deficiencies cited in the denial.

(7)

The Planning Board and applicant may extend a time period by mutual agreement.

(8)

The Planning Board may revoke a small cell permit, upon 30 days' notice and an opportunity to cure, if the permitted small cell facilities and any associated utility pole or structure fail to meet the requirements of this chapter.

§ 240-5 Applications for special permits.

Application for a special permit. This section shall not apply to applications for a small cell permit.

Application for required special permits shall be made to the Planning Board on behalf of the Village Board, and the applicant shall appear before the Planning Board prior to appearing before the Village Board. All application materials, including plans, shall be submitted in electronic file format acceptable to the Code Enforcement Department, in addition to at least five paper copies (or such other format or amount as determined by the Code Enforcement Department), at least two weeks prior to the Planning Board meeting at which it will be considered. The Planning Board shall, upon receiving such application, forward a copy of the application to the Village Board for the Board's use in initiating the state environmental quality review process and for otherwise processing the application. The Planning Board shall review the application and materials promptly following filing and if the application is incomplete, the Planning Board shall notify the applicant of such determination within 30 days of receipt of the application, which will table the processing of the application. The Planning Board may request further information from the applicant. The Planning Board shall render a report to the Village Board on each application, which report shall be rendered within 45 days of the date a complete application is received by the Planning Board. Each report shall be submitted to the Code Enforcement Department. The Village Board shall conduct a public hearing. The Village Board shall decide upon the application within 90 days from the date of the Planning Board's receipt of a complete application if the application is for a co-location, or within 150 days of receipt if the application is for a new tower. The time in which the Village Board must render its decision may be extended by mutual consent of the applicant and the Village Board. The Village Board may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:

The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the zoning district in which it is located.

The location, nature and height of structures, buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development use of adjacent land and buildings.

Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, electrical, television or radio interference or other characteristic than would be the operations of any permitted use not requiring a special permit.

Parking areas will be of adequate size for the particular use and properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

The decision of the Village Board on the application, after the holding of the public hearing, shall be filed in the office of the Village Clerk-Treasurer within 10 business days after such decision is rendered and a copy thereof mailed to the applicant.

A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all structures, buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, type and location of exterior lighting, drainage improvements, special features and any other pertinent information, including information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. The Planning Board, in preparing its report, as required in Subsection A, shall give particular study to the plan and shall recommend any changes that should be made in the plan to meet the conditions enumerated herein.

Conditions and safeguards. The Village Board shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.

Expiration of special permits.

A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if:

A bona fide application for a building permit is not filed within one year of the issuance of the special permit; or

If all required improvements are not made:

[1]

For special permits that do not include construction of a new building or addition, within one year from the date of the issuance of the building permit.

[2]

For special permits that include construction of a new building or addition, within two years from the date of issuance of the building permit.

Said use or uses shall cease for more than 12 months for any reason.

The Village Board may grant one or more extensions, of up to six months each, to:

Complete the conditions of approval for the special permit use, upon a finding that an applicant is working toward completion of such conditions with due diligence and has offered a reasonable explanation of its inability to complete such improvements and file a bona fide application for a building permit within one year of the issuance of the special permit. No further extensions may be granted if the conditions are not completed within two years following the issuance of the special permit; and

Complete construction of the improvements, upon a finding that an applicant is prosecuting construction with due diligence and has offered a reasonable explanation of its inability to complete the project. No such extensions shall be granted unless the Village Board finds that all appropriate erosion control measures to protect surrounding properties are in place.

The Village Board may impose such conditions as it deems appropriate upon the grant of any extension. The granting of an extension of time under this section shall not require a public hearing.

Existing violations. No special permit shall be issued for a special use for a property where there is an existing violation of Chapter 245 of the Code of the Village of Horseheads.

Revocation. The Code Enforcement Officer may revoke a special permit where it is found that the use of the premises does not conform with the limitations and conditions contained in the special permit.

Conformity. A special permit use shall conform to all other regulations for the zoning district in which the special permit use is located.

Fees. A special permit application fee shall be $3,000 (nonrefundable) due to the Village Code Enforcement Department upon submittal of an application for review. In addition to the above fee, the applicant shall pay the costs actually incurred by the Village in connection with the application: legal notice, stenographic, consultant, etc. The applicant shall deposit and maintain $1,500 in escrow with the Village to cover the Village's reimbursable costs. Such fees and escrow deposit may be changed from time to time by resolution of the Village Board.

§ 240-6 Miscellaneous provisions; penalties for offenses.

Obstructions. A wireless telecommunications services facility shall not obstruct any:

Worker access to any aboveground or underground infrastructure for traffic control, streetlight, or public transportation;

Access to any public transportation shelters or the like;

Worker access to aboveground or underground infrastructure owned or operated by any utility, including the Village;

Fire hydrant access;

Access to any doors or other ingress and egress points to any building appurtenant to a right-of-way.

Interference with operations. The Village shall not be liable to the operator or owner by reason of inconvenience, annoyance or injury to the wireless telecommunications services facility or activities conducted by such facilities arising from necessity of repairing any portion of a right-of-way, or from the making of any necessary alterations or improvements in or to any portion of a right-of-way, or in or to the Village's fixtures, appurtenances or equipment. In the event a wireless telecommunications services facility interferes with the public safety radio system, the operator shall, at its cost and immediately, cooperate with the Village to eliminate the interference.

Removal, maintenance and repair. When necessary to accommodate a wireless telecommunications services facility, the Village may require, in response to an application to co-locate on a Village-owned structure or right-of-way, the replacement or modification of the facility at the operator's cost, and may retain ownership of the replacement or modification. The operator shall remove and relocate a permitted wireless telecommunications services facility at the operator's sole expense to accommodate construction of a public improvement project by the Village. If the operator fails to do so within 120 days of the Village's request, the Village shall be entitled to remove the facility at the operator's sole cost and expense without further notice to the operator, and the operator shall reimburse the Village for its expenses incurred in the removal or relocation within 30 days of the Village's issuance of an invoice for same.

Penalties for offenses.

Violation of this chapter shall be punishable by fine or imprisonment, or both, as prescribed by Chapter 1, Article II, General Penalty, of the Village Code. Each separate violation shall constitute a separate additional offense.

For purposes of this chapter, for any offense that takes place on private property, if the person or persons directly responsible for the activity that violates any provision of this chapter cannot be determined, then all residents of the property on which the activity takes place shall be presumed to be responsible for the violation.

Waivers. All applications for small cell permits or special permits shall comply with all applicable provisions of this chapter. However, notwithstanding anything to the contrary, in the event an operator/applicant demonstrates that strict compliance with any provision of this chapter as applied to a specific proposed wireless telecommunications services facility would prohibit, or effectively prohibit, the provision of wireless telecommunications services, the Village Board or the Planning Board, as the case may be, may grant a limited one-time exemption from strict compliance with this chapter, provided that it would further the purposes of this chapter.

Design. All wireless telecommunications services facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes. All wireless telecommunications service facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Village.

Liability insurance.

An applicant for a small cell permit or special permit shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the small wireless facilities permit in amounts as set forth below:

Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;

Workers' compensation and disability: statutory amounts.

For a wireless telecommunications services facility on Village property, the commercial general liability insurance policy shall specifically include the Village, the Village Board, other elected official, and the Village's officers, board members, employees, committee members, attorneys, agents and consultants as additional insureds.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Village with at least 30 days' prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Village at least 15 days before the expiration of the insurance that such policies are to renew or replace.