§ 120-4. Tower special permit; application materials.  


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  • A. 
    The Town Board shall be the issuing agency for all tower special permits and shall also be the lead agency for SEQRA.
    B. 
    All applicants for a tower special permit shall file a building permit application and make written application for a tower special permit to the Town Board. This application shall include:
    (1) 
    A building permit application form and a letter from the applicant, to be used as tower permit application form.
    (a) 
    In addition to the requirements set forth herein, all applications shall be processed in accordance with the requirements of the Town of Little Valley Zoning Law generally applicable to special permits.
    (b) 
    The application shall be accompanied by the payment of the tower special permit application fee, as established by the Town Board. In addition to the tower special permit application fee, the applicant shall also be responsible for all reasonable costs incurred by the Town in reviewing and analyzing any engineering or technical reports or studies submitted by the applicant relative to its application.
    (2) 
    Site plan application forms, including long form EAF. The site plan application shall not be deemed complete unless accompanied by the propagation studies and search ring analysis described in Subsection B(4) and (5) of this section.
    (3) 
    A site plan, in form and content acceptable to the Town, prepared to scale and in sufficient detail and accuracy. The site plan shall show:
    (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.
    (c) 
    A detail of tower type (monopole, guyed, freestanding, etc.)
    (d) 
    The color(s) of the tower.
    (e) 
    The location, type and intensity of any lighting on the tower.
    (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 signed lease agreement 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.
    (i) 
    Identification of adjacent landowners (for example, a copy of the current Tax Map and printout from the Assessor's office).
    (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 road, if applicable. The applicant must demonstrate that all private access roads will be maintained in order to insure access by emergency vehicles on a year-round basis.
    (l) 
    Building elevations of accessory structures or immediately adjacent buildings.
    (m) 
    The location and nature of any power generators existing or to be constructed in connection with the proposed tower and/or related telecommunications facilities.
    (4) 
    "Before" and "after" propagation studies, prepared and signed by a qualified radio frequency engineer, demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.
    (5) 
    A "search ring" analysis, prepared by a qualified radio frequency engineer 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 Planning Board and/or the Town Board, how and why it selected the proposed site, discuss the availability (or lack thereof) 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 in a more desirable use district. Proof of correspondence with other telecommunications companies concerning co-location may be part of this requirement.
    (6) 
    The Planning Board and/or the Town Board, 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 Town staff/advisory committees. Visual impact statement, line-of-sight drawing and visual simulations are mandatory for applications in Residential and Local Business Zoning Districts.
    (7) 
    For sites in close proximity to significant historical sites or important preservation/conservation areas, the Town may require additional site plan and tower special permit requirements. These requirements can include specialty designed towers, additional screening, greater setbacks and improved landscaping. Siting in these areas should be avoided to the maximum extent possible.