§ 120-3. Permitted locations; approvals; bulk requirements., Chapter 120. Telecommunications Facilities, Part II. General Legislation, Code of Ordinances, Little Valley

No telecommunications facility shall be sited, located, constructed, erected or modified without the issuance of a building permit and such other permits or approvals as are prescribed in this chapter.

All applications shall be processed with due regard for lighting and safety requirements of federal, state and/or local agencies and/or emergency services (such as Mercy Flight, Cattaraugus County Sheriff's Department, Federal Aviation Administration, etc). The Town may request the applicant to provide proof that the applicant has reviewed the lighting and safety requirements of the proposed tower with such federal, state and/or local agencies prior to approval.

Co-located/existing structure antennas.

(1)

An antenna that is to be attached to an existing communications tower, smoke stack, water tower or other existing structure is permitted in all zoning districts.

(2)

Approvals and bulk requirements. The antenna is permitted as of right upon issuance of a building permit. The building permit application will include the following:

(a)

A structural analysis/report, certified by a New York State licensed professional engineer or architect, verifying the ability of the structure to support the antenna.

(b)

Certification by a qualified radio frequency engineer (signed and sealed by a professional engineer registered in the State of New York) that the cumulative emissions from all antennas proposed to be located at the proposed site meet federal guidelines.

(c)

The height of the new antenna shall not extend above the height of the existing structure by more than 50 feet.

(d)

The antenna and any mounting structure and related equipment shall be integrated into said structure in such a manner as to minimize its visual impact to the greatest extent practicable.

Non-co-located/new structure antennas.

(1)

An antenna that will not be mounted on an existing structure, as defined above, or is more than 50 feet higher than the existing structure on which it is mounted is permitted in accordance with the following regulations.

(2)

No application for a non-co-located or a new site for a telecommunications facility shall be considered complete unless and until the applicant shall have submitted a report which establishes, to the satisfaction of the Planning Board, the following:

(a)

That the applicant is required to provide service to locations which it is not able to serve through existing facilities which are located either within or outside of the Town, showing the specific locations and/or areas the applicant is seeking to serve.

(b)

The report shall set forth an inventory of existing facilities and/or structures, within or outside of the Town, which might be utilized or modified in order to provide coverage to the location the applicant is seeking to serve and include a report on the possibilities and opportunities for co-location as an alternative to a new site.

(c)

The applicant must demonstrate that the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Town due to one or more of the following reasons:

[1]

The proposed equipment would exceed the existing and reasonably potential structural capacity of existing facilities or structure within or outside of the Town considering existing and planned use for those facilities or structure.

[2]

The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be mitigated or prevented.

[3]

Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably, and/or the applicant has not been able, following good-faith efforts, to reach an agreement with the owner(s) of such facilities or structures.

[4]

Other reasons which make it impracticable to locate or place the proposed equipment on said facilities or structures.

Zoning districts, approvals and bulk requirements.

(1)

In all zoning districts, new towers must be set back a minimum of 500 feet from all residential dwellings, schools and historic structures.

(2)

Approvals and bulk requirements on municipal or government-owned property or in industrial districts:

(a)

Site plan approval shall be required in accordance with a tower special permit as set forth herein.

(b)

The tower shall be set back a minimum of the height of the tower from all property lines and any existing building(s). The Planning Board may require an additional setback area in the case of guyed towers, taking into consideration the length of guy wires and the location of ground anchors.

(3)

Approvals and bulk requirements in Industrial Districts:

(a)

Site plan approval and a tower special permit as set forth herein.

(b)

The tower shall be set back a minimum of the height of the tower from all property lines and any existing building(s) in these zoning districts. The Planning Board may require an additional setback area in the case of guyed towers, taking into consideration the length of guy wires and the locations of ground anchors.

(c)

The maximum height of a tower in this zoning district is 195 feet. A variance will be required from the Town Board, following review by the Planning Board, to exceed this height.

(d)

Towers exceeding 195 feet in height in these zoning districts shall be treated as Type I actions under the State Environmental Quality Review Act (SEQRA).

(4)

Approvals and bulk requirements in Business, Residential and Agricultural Districts:

(a)

Site plan approval and a tower special permit as set forth herein.

(b)

(c)

The maximum height of a tower in these zoning districts is 100 feet. A variance will be required from the Town Board, following review by the Planning Board, to exceed this height.

(d)

All applications for telecommunications facilities in these zoning districts shall be treated as Type I actions under the State Environmental Quality Review Act (SEQRA).