[Amended 5-11-2000 by L.L. No. 1-2000]
The following items are required to be submitted to constitute a complete
application for the placement of telecommunications facilities within the
Town of Marilla. Applications lacking any of the following items shall be
considered an incomplete application, and all materials submitted will be
returned to the applicant suspending project review by the Town of Marilla.
Applications for collocated antennas will typically require a lesser degree,
or waiver, of the requirements in Subsections B, C, D, E, H, I, K, L, R, S
and T. For applications for collocated antennas, the necessary degree of compliance
to satisfy the above-referenced parts of this section shall be at the discretion
of the Town of Marilla Code Enforcement Officer. This shall not supersede
the provisions of Subsection U of this section.
A.
A completed special use permit application for the Town
of Marilla must be submitted. This form can be obtained from the Code Enforcement
Officer of the Town of Marilla.
B.
A visual environmental assessment form (Appendix B of
Title 6 of Section 617.20 of NYCRR) and supplemental visual assessment report
providing details related to the completion of the visual environmental assessment
form shall also be submitted.
C.
A visual simulation being a large (minimum 22 inches
by 34 inches) graphic suitable for public display, mounted on a rigid backing,
which accurately represents the visual impact during post-construction conditions
from key vantage points, must be available for public and Town review at the
time of application.
D.
A preliminary report describing the feasibility of collocation
on existing structures and telecommunications facilities, applicant's full
map and grid coverage in the Town, surrounding topography and relation to
line of sight transmission, available road access, electric power and land-based
telephone lines and/or microwave link capability, required improvements or
construction activities, including those within the public right-of-way of
lands owned or controlled by the Town of Marilla, identity of location, ownership
and usage of currently existing telecommunications facilities within the Town,
plans for construction of telecommunications accessory equipment building
or structure and landscaping plan, proposed mitigation measures for visual
impacts, proposed safety measures and compatibility with existing telecommunications
networks such as fire, ambulance, police and 911.
E.
In the case of an application for a telecommunications
tower, additional information shall be provided describing the telecommunications
tower height and design, including a profile of the structure; the telecommunications
tower's compliance with applicable structural standards; the telecommunications
tower's capacity, including the number and type of telecommunications antennas
it can accommodate; and the basis of calculation of capacity.
F.
In the case of a telecommunications antenna mounted on
an existing structure, additional information shall be provided indicating
the existing structure's suitability to accept the telecommunications antenna(s);
the proposed method of affixing the telecommunications antenna to the structure;
and complete details of all fixtures and couplings; and the precise point
of attachment shall be indicated.
G.
Filing of certificate of public convenience and necessity
in this geographic area from New York State Public Service Commission for
applicant with the Town.
H.
Demonstration that the proposed site is the most appropriate
available site within the immediate area for the location of the telecommunications
facility and the search radius within which the telecommunications facility
must be located to satisfy radio frequency requirements.
I.
Inventory of existing telecommunications facilities within
the Town outlining opportunities for shared use as an alternative to the proposed
use. The applicant must demonstrate that the proposed telecommunications facility
cannot be accommodated on an existing approved telecommunications tower or
facility.
J.
Filing map with the Town showing all of applicant's proposed
facilities within the geographic area covered by the certificate of public
convenience and necessity.
K.
Proof of certified mail announcements to all other telecommunications
providers in the area declaring the applicant's ability and willingness to
facilitate collocation.
L.
A certified statement that the applicant would participate
in future collocation on his or its telecommunications facility should the
application be approved and future collocation be requested.
M.
A site plan indicating the location of the premises for
which the permit is sought and all features of the facility necessary for
providing road access, electrical service, land-based telephone line connection
and/or microwave link capability within the property boundaries of the proposed
location. The map must be based upon an accurate survey certified by a surveyor
of the property and indicate all structures on the property and within 500
feet of any property line.
N.
All plans and/or specifications required by the State
Education Law to be prepared by or under supervision of a professional engineer
(PE), surveyor or architect shall be stamped and signed by such licensee.
O.
Appropriate application fees as amended by the Town Board.
P.
Proof of landowner's consent if the applicant will not
own the property. A copy of the lease agreement must also be provided if the
applicant will not own the property.
Q.
Copies of any FCC NEPA environmental assessments or other
environmental reports related to the proposed telecommunications facility.
R.
Proof of Federal Aviation Administration (FAA) approval
of the project and a statement of no objection from all surrounding airports,
public or private.
S.
Pre- and postconstruction propagation studies prepared
by a qualified radio frequency engineer, demonstrating existing signal coverage,
contrasted with the proposed signal coverage resulting from the proposed telecommunications
facility. Further, the radio frequency engineer must certify that the cumulative
emissions from all antennas proposed to be located at the proposed site meet
federal guidelines.
T.
An estimated cost certified by a PE for the complete
restoration of the site and proof of an abandonment bond in the amount of
1.5 times the estimated restoration cost.
U.
Such other information as may be required by the Town
Board, Planning Board, Town Engineer or Town Attorney.
V.
Fees collected for collocation applications be limited
to the flat fee, but the per-foot charge shall not be applicable. For telecommunications
applications for facilities at existing tower sites which involve tower additions,
the application fee shall be limited to the flat fee plus the per-foot fee
as per the rate schedule for the additional footage above that of the existing
tower.
