§ 100-14. Applications for large wireless facility permit., Chapter 100. Wireless Telecommunications Facilities, Code of Ordinances, Williamsville

An application for a LWFP shall be in writing and contain all of the information required by this chapter as well as such other information as reasonably requested by the Code Enforcement Officer and/or the Zoning Board of Appeals.

No application shall be accepted and no LWFP shall be issued for a large wireless facility on a property where the Code Enforcement Officer has found, or there exists, a violation of the Village Code and where such violation has not been corrected.

An application for a LWFP shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Zoning Board of Appeals, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

The applicant must provide documentation to verify it has a legal interest in the site where the large wireless facility is to be located. Said documentation may be in the form of a deed, contract or sale or lease for the property, depending on whether the applicant is the property owner, contract-vendee or lessee.

The applicant shall include a statement, in writing, that:

(1)

The applicant's proposed large wireless facility shall be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and

(2)

The construction of a large wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in New York State.

The application shall be accompanied by a map in graphical form and in AutoCAD or compatible drawing exchange file format, which shows the applicant's existing and proposed area of coverage. Such map should locate all existing facility sites within the Village and within one mile of the Village in bordering communities.

In addition to all other required information as stated in this section, all applications for the construction or installation of new large wireless facilities, or any substantial change to an existing large wireless facility, shall contain the following information:

(1)

A descriptive statement of the objective(s) for the new facility or modification including and expanding on a need such as coverage and/or capacity requirements;

(2)

Documentation that demonstrates and proves the need for the large wireless facility to provide service primarily and essentially within the Village. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage;

(3)

The name, address and phone number of the person preparing the report;

(4)

The name, address, and phone number of the property owner, operator and applicant;

(5)

The postal address and Tax Map parcel number of the property;

(6)

The zoning district or designation in which the property is situated;

(7)

The size of the property stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines;

(8)

The location of the nearest residential structure;

(9)

The location, size and height of all existing and proposed structures on the property which is the subject of the application;

(10)

The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed facility is located outside the public rights-of-way;

(11)

The number, type and model of the antenna(s) proposed, with a copy of the specification sheet;

(12)

The make, model, type and manufacturer of the support structure and a design plan stating the support structure's capacity to accommodate multiple users;

(13)

A site plan describing the proposed support structure and antenna(s) and all related accessory equipment, fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;

(14)

The frequency, modulation and class of service of radio or other transmitting equipment;

(15)

The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s);

(16)

Direction of maximum lobes and associated radiation of the antenna(s);

(17)

Applicant's proposed support structure and accessory equipment maintenance and inspection procedures and related system of records;

(18)

Documentation justifying to the total height of any wireless telecommunications facility support structure and the basis therefor. Such justification shall be to provide service within the Village, to the extent practicable, unless good cause is shown;

(19)

Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC;

(20)

A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices;

(21)

A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;

(22)

Certification that a topographic and geomorphologic study and analysis has been conducted, and that, taking into account the subsurface and substrate, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site;

(23)

Identify the proposed location of emergency power supply and the decibel level emitted during testing and operation;

(24)

Information relating to the expected useful life of the proposed large wireless facility;

(25)

Construction details for the proposed tower, supporting structure, and base, including specifications for the maximum height of the tower or structure the proposed base could support; and

(26)

Information relating to intended future co-locations on the large wireless facility that may result in a further increase in the size or height of the proposed large wireless facility.

In the case of a new wireless telecommunications facility support structure for a large wireless facility, the applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing wireless telecommunications support structure(s) or the use of alternative existing buildings or other structures within a one-half-mile radius of the site proposed. Copies of written requests and responses for shared use shall be provided to the Zoning Board of Appeals with the application, along with any letters of rejection stating the reason for rejection. Acceptable reasons for rejection include:

(1)

The proposed antenna and accessory equipment would exceed the structural capacity of the existing building or other structure, and its reinforcement cannot be accomplished at a reasonable cost.

(2)

The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building or other structure and the interference cannot be prevented at a reasonable cost.

(3)

Such existing buildings or other structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

(4)

A commercially reasonable agreement could not be reached with the owner of such building or other structure.

The applicant shall furnish written certification that the wireless telecommunications facility, structure, foundation, attachments and accessory equipment are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the large wireless facility is subsequently approved and constructed, as-built certification indicating that the large wireless facility has been constructed in accordance with all standards shall be furnished to the Village prior to issuance of any certificate of occupancy or compliance.

The applicant shall submit a completed long-form EAF. Based on circumstances of each application for a large wireless facility, the Zoning Board of Appeals may require submission of a detailed visual analysis.

All proposed large wireless facilities shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, will employ stealth technologies where appropriate, and will thereby have the least adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the large wireless facility.

The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, is or will be considering, reviewing or planning for wireless telecommunications facilities in the Village, and all municipalities adjoining the Village, for a two-year period following the date of the application.

All applications shall be accompanied by the appropriate nonrefundable application fee, as established by the Village Board and set forth in the Village Fee Schedule, in addition to any other fee required by applicable law, and shall deposit funds, in an amount to be determined by the Zoning Board of Appeals, into an escrow account held by the Village to allow the Zoning Board of Appeals to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant.